Ordinance No. 764 - The Uniform Building CodeORDINANCE NO. 764
AN ORDINANCE OF THE CITY OF ROSEMEAD ADOPTING BY REFERENCE
THE UNIFORM BUILDING CODE VOLUMES 1, 2, AND 3, UNIFORM
PLUMBING CODE, UNIFORM MECHANICAL CODE, AND NATIONAL
ELECTRICAL CODE, MAKING AMENDMENTS TO SAID CODES, AMENDING
THE ROSEMEAD MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1
Section 8100 through 8400 of the Rosemead Municipal Code, including all
subsections thereof are hereby repealed.
SECTION 2
The Rosemead Municipal Code is amended by adding new Sections 8100 through
8105 to read as follows:
• 8100 Adoption of the Uniform Building Code.
• • Chapters 1 through 35 of Volumes 1, 2, and 3, and including Appendix
Chapters 3, Division II; 4, Division III; 9; 15; 16, Division III; 18; 23; 29; 31,
Division II and Division III; of that certain Building Code published by the
International Conference of Building Officials, and known as the Uniform
Building Code 1994 Edition, and Chapters 65, 66, 67, 68, 69, 70, 96, 98,
and 99 are hereby adopted as the Building Code of the City of Rosemead.
All of the above-mentioned codes or portions of codes, amendments, and
sections which are hereby adopted and shall constitute and may be cited
as the Building Code of the City of Rosemead.
• Local amendments of the City of Rosemead set forth in this chapter shall
control over amendments of the State of California set out in Title 24 of the
California Code of Regulations, and included in the California Building
Standards Code, and shall also control over the provisions of the uniform
code as published by the International Conference of Building Officials or
other code-writing organization. Amendments of the State of California set
out in Title 24 of the California Code of Regulations, and included in the
California Building Standards Code shall control over the provisions of the
uniform code as published by the International Conference of Building
Officials or other code-writing organization.
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• A copy of the Uniform Building Code, 1994 Edition has been deposited in
the office of the city clerk of the City of Rosemead and shall be at all times
be maintained by said clerk for use and examination by the public.
8101 DEFINITIONS. Notwithstanding the provisions of Section 8100, the
Building Code is amended by defining contain terms:
Whenever any of the names or terms defined in this section are used in this code,
each such name or term shall be deemed and constructed to have the meaning
ascribed to it in this section.
• Board of Appeals shall mean the board of appeals established by Section
105 hereof.
• Building department shall mean the City of Rosemead Building Department.
• City shall mean the City of Rosemead.
• County or County of Los Angeles or Unincorporated Territory of the County
of Los Angeles shall mean the City of Rosemead.
• County Engineer shall mean city engineer of the City of Rosemead.
• Electrical Code shall mean the Electrical Code-as adopted by Section 8200
of the Rosemead Municipal Code as amended.
• Fire Code shall mean the Fire Code as adopted by Section 3101 of the
RMC as amended.
• General Fund shall mean the city treasury of the City of Rosemead.
• Health Code or Los Angeles County Health Code shall mean the Health
Code as adopted by Section 5100 of the RMC as amended.
• Health Officer shall mean the health officer of the City of Rosemead.
• Mechanical Code shall mean the Mechanical Code as adopted by Section
8400 of the RMC as amended.
• Occupant'" shall mean the purpose for which a building is used or intended
to be used. The Term shall also inslude the building or room housing such
use. Change of occupancy includes a change of tenant or user in any
commercial or inductiral use.
• Plumbing Code shall mean the Plumbing Code as adopted by Section 8300
of the RMC as amended.
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I
• Special Inspector shall mean a person holding a valid certificate of
registration as set forth in Section 1701 of this Code.
8102 BUILDING CODE FEES. Notwithstanding the provisions of section 8100
of the Rosemead Municipal Code, fees for plan check, inspection and other
miscellaneous services shall be based on the most current fee set forth by
Los Angeles County Title 26 Fees and shall be increased by fifty percent.
8103 AMENDMENTS.
(a) Applications to existing buildings. Notwithstanding the provisions of
Section 8100, the building code is amended by amending Chapter 34
to read:
Application to Existing Buildings.
SECTION 3401 - GENERAL
3401.1 General. Buildings or structures to which additions, alterations, or repairs
are made shall comply with all the requirements for new buildings or structures,
except as specifically provided in this section.
See Section 310.9.1 for installation of smoke detectors in existing Group R, Division
3 Occupancies.
• 3401.2 Additions, Alterations, or Repairs.
3401.2.1 Additions, alterations, or repairs may be made to any building or
structure without requiring the existing building or structure to comply with all the
requirements of this code provided the addition, alteration, or repair conforms to
that required for a new building or structure, and the addition, alteration, or repair
will result in the existing building or structure being no more hazardous with
respect to life safety, fire safety, and sanitation than before such additions,
alterations, or repairs are undertaken. (See also Section 307.11.3 for Group H,
Division 6 Occupancies.)
3401.2.2 Additions, alterations, or repairs shall not be made to an existing building
or structure which will cause the existing building or structure to be in violation of
• any of the provisions of this code, nor shall such additions, alterations, or repairs
cause the existing building or structure to become unsafe. An unsafe condition
shall be deemed to have been created if an addition, alteration, or repair will cause
the existing building or structure to become structurally unsafe or overloaded; will
not provide adequate egress in compliance with the provisions of this code or will
obstruct existing exits; will create a fire hazard; will reduce required fire resistance
or will otherwise create conditions dangerous to human life. Any building so
altered, which involves a change in use or occupancy, shall not exceed the height,
number of stories, or area permitted for new buildings. Any building plus new
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additions shall not exceed the height, number of stories, and area specified for
new buildings.
3401.2.3 Alterations or repairs to an existing building or structure which are
nonstructural and do not adversely affect any structural member or any part of the
building or structure having required fire resistance may be made with the same
materials of which the building or structure is constructed. . ,
EXCEPTION: The installation or replacement of glass shall be as required for
new installations.
3401.3 Existing Occupancy. Buildings in existence at the time of the passage of
this code may have their existing use or occupancy continued, if such use or
occupancy was legal at the time of the passage of this code, provided such
continued use is not dangerous to life.
Any change in the use or occupancy of any existing building or structure shall
comply with the provisions of Sections 109 and 3405.
3401.4 Maintenance. All buildings or structures, both existing and new, and all
parts thereof, shall be maintained in a safe and sanitary condition. All devices or
safeguards which are required by this code in a building or structure when erected,
altered or repaired, shall be maintained in good working order. The owner or the
owner's designated agent shall be responsible for the maintenance of buildings
• and structures.
Drainage structures, devices, or systems required by Chapter 70, "Excavation and
Grading," shall be maintained in a manner that will ensure their effectiveness. To
determine compliance with this subsection, the building official may cause any
structure to be reinspected.
3401.5 Moved Buildings. Buildings moved into or within the city shall comply with
the provisions of Rosemead Municipal Code, Chapter 68.
3401.6 Historic Buildings. Repairs, alterations, and additions necessary for the
preservation, restoration, rehabilitation, or continued use of a building or structure,
may be made according to Part 8 of Title 24 of the California Code of Regulations
(State Historical Building Code), provided:
• 1. The building or structure has been designated by official action of the legally
constituted authority of this jurisdiction as having special historical or
architectural significance.
2. Any unsafe conditions as described in this code are corrected.
3. The restored building or structure will be no more hazardous based on life
safety, fire safety, and sanitation than the existing building.
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3401.7 Repairs. Roof Covering. Not more than 25 percent of the roof covering
of any building or structure shall be replaced in any 12-month period, unless the
new roof covering is made to conform to the requirements of this code for new
buildings or structures.
3401.8 Parapets and Appendages. Whenever the building official determines by
inspection that an existing parapet or appendage attached to and supported by an
exterior wall of a building is likely to become a menace to life or property in the
event of earthquake disturbance, as a result of inadequate construction or bracing
to resist horizontal forces, and such parapet or appendage is not an immediate
menace as contemplated by Section 104.3 of this code, the owner of the building
or other person or agent in control of the building where such parapet or other
appendage exists, upon receipt of formal notice in writing from the building official
evidencing and specifying the hazards and the inadequacies of construction or
bracing shall, within 12 months from the date of such written notice, eliminate the
hazard as herein set forth.
The parapet or appendage shall be removed and the remainder of the wall
anchored at the roof line, or it shall be reconstructed so that it will conform
structurally as near as it is practicable to do so with requirements of Chapter 16
of this code, or it shall be otherwise braced and strengthened in a manner
satisfactory to the building official, so that it will resist a reasonable degree of
horizontal forces without becoming dislodged with danger of falling. Any person
receiving notice as set out in the subsection may appeal, from the notice of the
building official, in the manner provided by Section 104.4 of this code, to the board
of appeals.
Where, in the opinion of the building official, it is necessary to open a portion of
roof, wall, or ceiling of a building, in order to establish the structural condition of
any parapet or appendage, the building official may order the owner to make such
opening without expense to the city.
3401.9 Existing Glass. Whenever the building official determines by inspection that
an existing glass installation in rooms having an occupant load of more than 100
persons or in exit ways serving an occupant load of more than 100 persons, as
determined by Chapter 10, is likely to become a menace to life in the event of
accidental human impact and such installation does not comply with the provisions
• of this code for glazing in such locations, the owner of the building or other person
or agent in control of the building where such glazing exists shall, within 90 days
after receiving notice of such condition from the building official, replace such glass
or otherwise cause the installation to conform with the requirements of this code.
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3401. 10 Security Bars or Grilles. Every person who owns, operates, or maintains
a hotel, apartment house, lodging house, or dwelling constructed pursuant to
building permits issued prior to July 1, 1965, on which security bars or grilles exist
at exterior doors or windows, shall remove or modify such bars or grilles as
necessary to conform with the specific requirements of this section. This
subsection shall apply only to the main entrance door to the dwelling unit and to
exterior doors and windows at sleeping rooms.
EXCEPTIONS: 1. Sleeping rooms above the third floor.
2. Main entrance door of a dwelling unit where each sleeping
room contains an exterior door or an exterior window with
a net clear openable area of not less than 5 square feet
(0.46m~ with no dimension less than 22 inches (560mm)
and with a sill height not more than 48 inches (1,220mm)
above the floor. Where bars or grilles exist at these
openings, they shall be openable from the inside without
use of a key, tool, or excessive force.
Bars or grills shall be modified, or installed, to be removable or openable from the
inside without the use of a key, tool, or excessive force. When in the removed or
open position, the net opening shall not be less than that which would be available
through the door or window if such bars or grilles were not installed. Bars or
grilles installed prior to the effective date of this provision need not be modified,
provided the dwelling unit is provided with approved detectors of products of
combustion other than heat conforming to State Fire Marshal Standard 12-72-2
mounted on the ceiling or wall at a point centrally located in the corridor or area
giving access to rooms used for sleeping purposes. In an efficiency dwelling unit,
the detector shall be centrally located on the ceiling of the main room. Where
sleeping rooms are on an upper level, the detector shall be placed at the center
of the ceiling directly above the stairway. All detectors shall be located within 12
(305mm) inches of the ceiling. Care shall be exercised to ensure that installation
will not interfere with the operating characteristics of the detector. When actuated,
the detector shall provide an alarm.
New security bar or grille installations shall comply with regulations contained
herein.
•
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(b) Exemption from Permits. Notwithstanding the provisions of Section
8100, the building code Is amended by amending Section 106.2 by
adding Item 12 through 16 as follows:
106.2.12. Light standards which do not exceed 30 feet (9,145mm) in height.
106.2.13. Flagpoles not erected upon a building and not more than 15 feet
(4,572mm) high.
106.2.14. A tree house provided that:
(a) It does not exceed 64 square feet (5.95m) in area nor 8 feet (2,438mm) in
height from floor to roof.
(b) The ceiling height as established by door height or plate line does not exceed
6 feet (1,829mm).
106.2.15. Sheds, office, or storage buildings, and other structures incidental to
work authorized by a valid grading or building permit. Such structures must be
removed upon expiration of the permit or completion of the work covered by the
permit.
106.2.16. Playground equipment.
(c) Application for Permits. Notwithstanding the provisions of Section 8100,
the Building Code Is amended by adding Subsection 8 to Section
106.3.1 to read:
°106.3.1.8. Contain adequate evidence as required by the building official that the
proposed construction fully complies with all applicable provisions of
the zoning ordinance."
(d) Construction Debris Control. Notwithstanding the provisions of Section
8100, the Building Code is amended by adding Section 106.2.1 to read:
"106.2.1 Construction Debris Control. The Federal Clean Water Act prohibits the
discharge of any material other than storm runoff to the storm sewer system. The
• city streets adjacent to or serving all properties in Rosemead are part of the storm
sewer system. It shall be the responsibility of the owner of property upon which
construction work, of any type, takes place to provide a plan for controlling
discharges of construction debris in order to prevent the discharge of such debris
to the storm sewer system. No construction work shall take place until such plan
is approved by the building official or his/her designee. Where feasible, the area
for containment of debris shall be located upon the same lot where the
construction is to take place. Due to the topographic nature of the city, certain on-
site locations may not be feasible. In such cases as determined by the building
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official, the owner or contractor may obtain an encroachment permit to establish
the area of containment in the street in front of the property, subject to all
conditions imposed as part of the permit. For the purposes of this section,
construction debris shall be considered to include liquid, cementitious, organic, or
earth materials. The plan for controlling construction debris shall establish a work
area for trades which require water to produce their work. Such area shall be
dyked or excavated to prevent water borne debris from leaving the construction
site. Products of such activity shall be properly disposed of in accordance with all
applicable laws prior to final approval of the building permit. These products
include without limitation, brick dust, concrete spoil, stucco spoil, and similar
materials."
(e) Emergency Egress. Notwithstanding the provisions of Section 8100, the
Building Code Is amended by deleting the last paragraph of Section
310.4 and substituting the following:
°A locking device on the required exit door from a dwelling unit and on a window
or door providing required emergency exit from sleeping room shall be openable
from the inside without the use of a key, tool, or excessive force.
A sliding glass door which is the required emergency exit from a bedroom may be
equipped with a secondary quick release on key-operated device if the sleeping
rooms are protected with a fire warning system as set forth in Section 310.9.1
Bars, grilles, or screens placed over the openable windows, or exterior doors
required by this section for emergency egress shall be openable or removable
from the inside without the use of a key, tool, or excessive force.
Bars, grilles, or screens installed prior to the effective date of this provision at
windows or exterior doors to which emergency egress provisions applied at the
time of construction shall be modified to conform to these requirements, or be
removed, or the sleeping room shall be protected with a fire warning system as set
forth in Section 310.9.1.
In sleeping rooms, exterior doors not required by this section may be equipped
with security type hardware, which requires a key to release such a device from
the interior side of the door if the sleeping rooms are protected with a fire warning
• systems as set forth in Section 310.9.1.
See Section 6714 for lights within 40 inches (1,016mm) of a locking device."
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(f) Covered Mall Buildings. Notwithstanding the provisions of Section
8100, the Building Code Is amended by deleting the last two
paragraphs of Section 404.4.7 and substituting the following:
"404.4.7 Malls. The minimum width of the mall shall be 30 feet (9,145mm). There
shall be a minimum of 10 feet (3,048mm) clear width to a height of 8 feet
(2,438mm) between any projection from a tenant space bordering the mall and the
nearest kiosk, vending machine, bench, display, or other obstruction to egress.
The mall shall be sufficient to accommodate the occupant load immediately
tributary thereto.
EXCEPTION: The width of the mall may be reduced when the following
conditions are met:
A plan is submitted showing the future use of the mall
space for exhibits, benches, etc.
2. The plan clearly shows that the 10-foot (3,048mm) clear
widths specified above will be maintained on each side
of the mall.
3. When the mall contains an occupancy regulated by the
state fire marshall, the plan shall show conformance with
. the state fire marshall's regulations.
4. Under no circumstances shall the clear width of the mall
be reduced below 20 feet (6,096mm).
Malls which do not conform to the requirements of this section shall comply with
the requirements of Section 1005.7 and 1005.8 of this code."
(g) Allowable Area Increases. Notwithstanding the provisions of Section
8100, the Building Code Is amended by adding Section 505.4 to read:
0505.4 Written Agreement. The increase in area permitted by this section shall not
be allowed unless the owner of any privately owned yard used as a basis for such
increase has filed a written agreement with the building official stating that the
• required yard will be maintained, as long as such yard is required for this purpose
by the building code."
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(h) Corridor Construction. Notwithstanding the provisions of Section 8100,
the Building Code Is amended by amending (Exception 5 to Section
1005.7 to read:
"EXCEPTION 5: Corridor walls and ceilings need not be of fire-resistive
construction within office spaces having an occupant load of
one hundred (100) or less when the building is equipped with
an automatic sprinkler system throughout and smoke detectors
are installed within the corridors in accordance with their
listing."
(1) Roofing Scope. Notwithstanding the provisions of Section 8100, the
Building Code is amended by replacing the wording of Section 1501
to read:
"Notwithstanding any other provision of this building code to the contrary:
Roof coverings shall be secured or fastened to the supporting roof construction
and shall provide weather protection for the building at the roof.
The roof coverings of any building or addition to any building hereafter constructed
regardless of type or occupancy, classification shall be constructed as provided
in Sections 1504.1 and 1504.2 of the building code.
If the roof covering of an addition to any such building equals fifty (50) percent or
more of the combined total roof area, the entire roof covering of existing building
and addition shall conform to the requirements of Sections 1504.1 and 1504.2.
Skylights shall be constructed as required in Chapter 24.
Penthouses shall be constructed as required in Section 1511.
For use of plastics in roofs, see Chapter 26.
For attics: Access and area, see Section 1505.1.
For roof drainage, See Section 1506."
• (j) Special Purpose Roofs. Notwithstanding the provisions of Section 8100,
the Building Code Is amended by deleting Section 1504.5.
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(k) Protection of Adjoining Property. Notwithstanding the provisions of
Section 8100, the Building Code is amended by amending Section
3301.2 to read:
"3301.2 Protection of Adjoining Property. The requirements for protection of
adjacent property and depth to which protection is required shall be as defined by
Section 832 of the California Civil Code."
(1) Expansive Soils- Notwithstanding the provisions of Section 8100, the
Building Code is amended by amending Section 1804.4 to read:
"1804.4 Foundations on Expansive Soil. Foundation systems on expansive soil
shall be constructed in a manner that will minimize damage to the structure from
movement of the soil. Slab-on-grade and mat-type footings for buildings located
on expansive soils may be designed in accordance with the provisions of Division
III or such other engineering design based upon geotechnical recommendation as
approved by the building official. For residential-type buildings, where such an
approved method of construction is not provided, foundations, and floor slabs shall
comply with the following requirements:
Depth of foundations below the natural and finish grades shall be not less
than 24 inches (610mm) for exterior and 18 inches (457mm) for interior
foundations.
2. Exterior walls and interior bearing walls shall be supported on continuous
foundations.
3. Foundations shall be reinforced with at least two (2) continuous k inch
(13mm) deformed reinforcing bars. One bar shall be placed within 4 inches
(101 mm) of the bottom of the foundation and one bar within 4 inches
(101 mm) of the top of the foundation.
4. Concrete floor slabs on grade shall be cast on a four inch (101 mm) fill of
coarse aggregate or on a moisture barrier membrane. The slabs shall be
at least 3k inches (89mm) thick and shall be reinforced with welded wire
mesh or deformed reinforcing bars. Welded wire mesh shall have a cross-
sectional area of not less then 0.035 percent of the cross-sectional area
each way. Reinforcing bars shall have a diameter of not less than % inch
• (9.5mm) and be spaced at intervals not exceeding 24 inches (610mm) each
way.
5. The soil below an interior concrete slab shall be saturated with moisture to
a depth of 18 inches (457mm) prior to casting the concrete."
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(m) Footings - General. Notwithstanding the provisions of Section 8100, the
Building Code Is amended by replacing the first paragraph of Section
1806.1 to read:
"1806.1 General. Footings and foundations, unless otherwise specifically
provided, shall be constructed of masonry, concrete, or treated wood in
conformance with Division II. Footings of concrete and masonry shall be of solid
material. Foundations supporting wood shall extend at least 6 inches (152mm)
above the adjacent finished grade. All exterior footings shall extend into firm
bearing undisturbed soil or controlled compacted fill, or, if in expansive soil, to a
depth sufficient to minimize movements in the underlying soil due to moisture
changes in the soil. Footings shall have a minimum depth as indicated in Table
No. 18-1-D unless another depth is recommended by a geotechnical engineering
report and approved by the building official."
(n) Inspection of Piles. Notwithstanding the provisions of Section 8100, the
Building Code is amended by adding Sections 1808.8 and 1808.9 to
read:
"1808.8 Inspections of Piles. The installation of piles shall be continuously
observed by the geotechnical engineer or his qualified representative responsible
for that portion of the project. The geotechnical engineer or said qualified
representative shall make a report of the pile-driving operation giving such pertinent
• data as:
1. The physical characteristics of the pile driving equipment;
2. Identification marks for each pile;
3. The total depth of embedment of each pile; and
4. The design formula used, and the permanent penetration under the last ten
(10) blows, when the allowable pile loads are determined by a dynamic load
formula.
A copy of the report shall be submitted to the building official.
1808.9 Inspection of Caissons. The provisions of Subsection 1808.2 shall apply
to cast-in-place belled caissons. The belled base of each pier shall be inspected
by the geotechnical engineer or his qualified representative to verify foundation soil
classification. The slope sides of the belled bases shall be limited to a slope of two
vertical to one horizontal unless reinforced as for a concrete spread footing."
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(o) Fireplace Construction. Notwithstanding the provisions of Section 8100,
the Building Code is amended by adding the following sections to
Section 3102.4.3 to read:
"a. Vertical reinforcement. The No. 4 reinforcing bars specified in Section
3102.4.3 shall be:
Hooked into the footing;
2. At each corner and spaced not more than 24 inches (610mm) on
center around the chimney; and
3. Continuous for the full height of the chimney at the corners and
between flues with other bars terminating 36 inches (915mm) above
the level of the smoke shelve where a reduction in the size of the
chimney permits the omission of the bars.
EXCEPTION: Chimneys constructed of hollow-unit masonry may have vertical
reinforcement spliced to footing dowels providing that the splice
is inspected prior to grouting of the wall.
"b. Horizontal Ties. The J-inch (6.4mm) diameter steel ties specified in Section
3102.4.3 shall be:
• 1. Looped around the vertical reinforcement;
2. Spaced not more than 12 inches (305mm) on center, except that two
-inch (6.4mm) ties or one No. 3 tie may be spaced at no more than
24-inches (610mm) on center; and
3. Two ;-inch (6.4mm) ties or one No. 3 tie shall be placed adjacent to
the steel seismic anchor straps.
"c. Interior fireplaces and chimneys. Fireplaces and chimneys constructed
within the exterior walls of a building shall be anchored as required by this
section for other fireplaces and chimneys."
. (p) Notwithstanding the provisions of Section 8100, the Building Code Is
amended by adding Section 9905.19 to read as follows:
"9905.19 Neglect or maintenance of property in a conditions which contributes
substantially to the deterioration and unsightliness of the community, the
appreciable depreciation of property values in the surrounding neighborhood, or
the prevalence and attraction of social, economic and criminal maladjustment. This
neglect includes, but is not limited to, building exteriors, walls, fences, driveways,
or walkways which are deface due to any writing, inscription, figure, scratches, or
other markings commonly referred to as "graffiti."
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(q) Unsafe Buildings. Notwithstanding the provisions of Section 8100, the
Building Code Is amended by adding Section 104.3 through 104.6 to
read:
104.3 Unsafe Buildings.
104.3.1 Definition. All buildings or structures which are structurally unsafe or not
provided with adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use constitute a hazard
to safety or health, or public welfare, by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as
specked in this code or any other effective ordinance, are for the purpose of this
chapter, unsafe buildings. Whenever the building official determines by inspection
that a building or structure whether structurally damaged or not is dangerous to
human life by reason of being located in an area which is unsafe due to hazard
from landslide, settlement, or slippage or any other cause, such building shall, for
the purpose of this chapter, be considered an unsafe building.
All such unsafe buildings are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition, or removal in accordance with the
procedure specified in this chapter. As an alternative, the building official may
institute any other appropriate action to prevent, restrain, correct, or abate the
violation.
• As used in this chapter "party concerned" means the person, if any, in real or
apparent charge and control of the premises involved, the record owner, the
holder of any mortgage, trust deed or other lien, or encumbrance of record, the
owner or holder of any lease of record, the record holder of any other estate or
interest in or to the building or structure or the land upon which it is located.
104.3.2 Notice of Unsafe Building. The building official shall examine or cause to
be examined every building, structure or portion thereof reported as dangerous or
damaged and, if, in the building official opinion, such is found to be an unsafe
building as defined in this chapter, the building official shall give to the party
concerned written notice stating the defects thereof. This notice may require the
owner or person in charge of the building or premises, within 48 hours, to
commence either the required repairs or improvements or demolition and removal
of the building or structure, or portions thereof, and all such work shall be
completed within 90 days from date of notice, unless otherwise stipulated by the
building official. If necessary, such notice shall also require the building, structure,
or portion thereof to be vacated forthwith and not reoccupied until the required
repairs and improvements be completed, inspected, and approved by the building
official.
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Proper service of such notice shall be by personal service or by registered or
certified mail upon every party concerned. In the event the building official, after
reasonable effort, is unable to serve the notice as specified above, proper service
shall be by posting on the structure a copy of the notice.
The designated period within which the owner or person in charge is required to
comply with such notice shall begin as of the date the owner or person in charge
receives such notice by personal service or registered or certified mail. If such
notice is by posting, the designated period shall begin 10 days following the date
of posting.
The failure of any owner or other person to receive such notice shall not affect in
any manner the validity of any proceedings taken hereunder.
The person notified to vacate an unsafe building by the building official shall vacate
within the time specified in the order.
The building official may file with the office of the Department of Registrar-Recorder
a declaration that the building described has been inspected and found to be an
unsafe building, as defined in this chapter, and that the owner thereof has been
so notified. After all required work has been completed, the building official shall
file with the Office of the Department of Registrar-Recorder a properly executed
form terminating the above declaration.
• 104.3.3 Posting of Signs. The building official shall cause to be posted on
buildings required to be vacated or remain unoccupied a notice to read
substantially as follows: "DO NOT ENTER. UNSAFE TO OCCUPY. Building and
Safety Division, City of Rosemead." Such notice shall be posted at the main
entrance and shall be visible to persons approaching the building or structure from
a street. Such notice shall remain posted until the required repairs, demolition, or
removal are completed. Such notice shall not be removed without written
permission of the building official and no person shall enter the building, except for
the purpose of making the required repairs or of demolishing the building.
104.4 Unsafe Buildings: Hearing
104.4. Right of Hearing. The party concerned or the building official may request
a hearing regarding the unsafe condition of the building or structure. The request
by the interested party shall be made in writing to the board of appeals within 30
days of the date of the notice of the unsafe condition. A hearing shall be
requested by the building official prior to demolition or repair of an unsafe building
by the city, except when such demolition or repair is done under the emergency
procedure set forth in this chapter.
All interested parties who desire to be heard may appear before the board of
appeals to show cause why the building or structure should not be ordered
repaired, vacated and repaired, or demolished.
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104.4.2 Notice of Hearing. Not less than 10 days prior to the hearing the building
official shall serve or cause to be served either in the manner required by law for
the service of summons or by first class mail, postage prepaid, a copy of the
notice of hearing upon every party concerned.
104.4.3 Form and Contents of Notice. The notice of hearing shall state:
The street address and a legal description sufficient for identification of the
premises upon which the building or structure is located.
2. The conditions because of which the building official believed that the
building or structure is an unsafe building.
3. The date, hour, and place of the hearing.
104.4.4 Posting of Notice. The building official shall post one copy of the notice
of hearing in a conspicuous place on the unsafe building involved, not less than
10 days prior to the hearing.
104.4.5 Hearing by Board of Appeals. The board of appeals shall hold a hearing
and consider all competent evidence offered by any person pertaining to the
matters set forth in the report of the building official.
• The board of appeals shall make written findings of fact as to whether or not the
building or structure is an unsafe building as defined in this Chapter.
104.4.6 Order. If the board of appeals finds that the building or structure is an
unsafe building, it shall make an order based on its finding that:
the building or structure is an unsafe building and directing that repairs be
made and specifying such repairs; or
2. the building or structure is an unsafe building, directing that it be vacated
and specified repairs be made; or
3. the building or structure is an unsafe building and shall be vacated and
demolished.
. The order shall state the time within which the work required must be commenced,
which shall not be less than 10 nor later than 30 days after the service of the
order. The order shall state a reasonable time within which the work shall be
completed. The board of appeals for good cause may extend the time for
completion in writing.
The order shall be served upon the same parties and in the same manner, as
required by Section 104.4.2 for the notice of hearing. It shall also be
conspicuously posted on or about the building or structure.
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104.5 Unsafe Buildings: Demolition or Repair
104.5.1 Work by City. If the repairs or demolition necessary to remove the unsafe
condition as set forth in the Notice of Unsafe Building is not made within the
designated period and a hearing has not been requested by any party concerned,
the building official shall request that a hearing be held regarding the unsafe
condition. If the finding by the board of appeals is not complied with within the
period designated by the board, the building official may then demolish or repair
such portions of the structure, or may cause such work to be done, to the extent
necessary to eliminate the hazard determined to exist by the board of appeals.
104.5.2 Emergency Procedure. Whenever any portion of a structure constitutes
an immediate hazard to life or property, and in the opinion of the building official
the conditions are such that repairs, or demolition must be undertaken within less
than the designated period, the building official may make such alterations or
repairs, or demolish such portions of the structures as are necessary to protect life
or property, or both, after giving such notice to the parties concerned as the
circumstances will permit or without any notice whatever when, in the building
official's opinion, immediate action is necessary.
104.5.3 Costs. The costs involved in 104.5.1 and 104.5.2 of such demolition or
repair, including the entire cost of the services rendered by the city, shall be a
special assessment against the property upon which the structure stood. The
• building official shall notify, in writing, all parties concerned of the amount of such
assessment resulting from such work. Within 5 days of the receipt of such notice
any such party concerned may file with the building official a written request for a
hearing on the correctness or reasonableness, or both, of such assessment. Any
party concerned who did not receive a notice pursuant to Section 104.3.2 and who
has not had a hearing on the necessity of the demolition or repairs, in such
request for hearing also may ask that such necessity be reviewed. The board of
appeals thereupon shall set the matter for hearing, give such party concerned
notice thereof as provided in Section 104.4.2, hold such hearing and determine the
reasonableness or correctness of the assessment, or both, and if requested, the
necessity of the demolition or repairs. The board of appeals, in writing, shall notify
such party concerned of its decision. If the total assessment determined as
provided for in this subsection is not paid in full within 10 days after receipt of such
notice from the building official or the board of appeals, as the case may be, the
• building official shall record in the office of the Department of Registrar-Recorder
a statement of the total balance still due and a legal description of the property.
From the date of such recording such balance due shall be a special assessment
against the parcel.
The assessment shall be collected at the same time and in the same manner as
ordinary county taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary
county taxes. All the laws applicable to the levy, collection and enforcement of
county taxes shall be applicable to such special assessment.
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104.5.4 Interference Prohibited. A person shall not obstruct, or impede, or
interfere with the building official or any representative of the building official, or
with any person who owns or holds any estate or interest in any unsafe building
which has been ordered by the board of appeals to be repaired, vacated and
repaired, or vacated and demolished or removed, whenever the building official or
such owner is engaged in repairing, vacating and repairing, or demolishing any
such unsafe building pursuant to this chapter, or in the performance of any
necessary act preliminary to or incidental to such work, or authorized or directed
pursuant hereto.
104.5.5 Prosecution. In case the owner shall fail, neglect, or refuse to comply with
the notice to repair, rehabilitate, or to demolish and remove said building or
structure, or portion thereof, the building official shall cause the owner of the
building to be prosecuted as a violator of this code.
104.6 Appeal Boards
104.6.1 Building Board of Appeals. General. In order to conduct the hearings
provided for in this chapter and the hearings provided for in Chapter 98, there shall
be a board of appeals, consisting of five members who are qualified by experience
and training to pass upon matters pertaining to building construction. The building
official shall be an ex officio member and shall act as secretary to the board. The
members of the board of appeals shall be appointed by the city council and shall
• hold office at its pleasure. The board shall adopt reasonable rules and regulations
for conducting its investigations. The board shall document all decisions and
findings in writing to the building official with a duplicate copy to the applicant and
may recommend to the city council such new legislation as is consistent therewith.
Each member of the board shall be compensated for each meeting attended as
provided from time to time by the municipal code.
Limitations of authority. The board of appeals have no authority relative to
interpretation of the administrative portions of this code other than Section 104.3.1,
nor shall the board be empowered to waive requirements of this code.
104.6.2 Accessibility Appeals Board. In order to conduct the hearings on written
appeals regarding action taken by the building official in enforcing the accessibility
requirements of Title 24 of the California Code of Regulations for privately funded
• construction, to serve as an advisor to the building official on disabled access
matters, and to make recommendations to the city council on appeals of decisions
made by the building official on city-funded buildings, there shall be an accessibility
appeals board established. The Accessibility Appeals Board shall consist of five
members. Two members of the appeals board shall be physically disabled
persons, two members shall be persons experienced in construction, and one
member shall be a public member. The building official shall be an ex officio
member and shall act as secretary to the board. The members of the accessibility
appeals board shall be appointed by the city council and shall hold office at its
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pleasure. Each member of the board shall be compensated for each meeting
attended as provided from time to time by the municipal.
The appeals board may approve or disapprove interpretations and enforcement
actions taken by the building official. Al such approvals or disapprovals for
privately funded construction shall be final and conclusive as to the building official
in the absence of fraud of prejudicial abuse of discretion. The board shall adopt
regulations establishing procedural rules and criteria for the carrying out of its
duties.
(r) Retention of Plans. Notwithstanding the provisions of Section 8100, the
building code Is amended by amending section 106.4.2 to read:
106.4.2 Retention of Plans. One set of approved plans, specifications, and
computations shall be retained by the building official. Except as required by
Section 19850 of the Health and Safety Code, the building official shall retain such
set of approved plans, specifications, and computations for a period of not less
than 90 days from date of completion of the work covered therein. One set of
approved plans and specifications shall be returned to the applicant and said set
shall be kept on this site of the bulding or at all times during which the work
authorized thereby in progress.
(s) Special Building Restrictions. Notwithstanding the provisions of Section
• 8100, the building code is amended by adding sections 110 through
113 to read:
110 Prohibited Uses of Building Sites
110.1 Flood Hazard. Buildings are not permitted in an area determined by the city
engineer to be subject to flood hazard by reason of inundation, overflow, or
erosion.
The placement of the building and other structures, (including walls and fences)
on the building site shall be such that water or mud flow will not be a hazard to the
building or adjacent property. Subject to the conditions of Subdivision 2 of this
section, this prohibition shall not apply when provision is made to eliminate such
hazard to the satisfaction of the Department of Public Works by providing adequate
• drainage facilities, by protective walls, suitable fill, raising the floor level of the
building, a combination of these methods, or by other means. The Department of
Public Works, in the application of this subsection, shall enforce, as a minimum,
the current Federal Flood Plain Management Regulations defined in Title 44, Code
of Federal Regulations, Section 60.3.
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Portions of the City of Rosemead subject to severe flood hazard by inundation,
overflow, erosion, or deposition of debris are established as floodways by Article
3700 of the Rosemead Municipal Code. Whenever, in such ordinance establishing
floodways, reference is made to any floodway, it shall be construed to mean a
floodway referred to in this section. A person shall not perform work for which a
building or grading permit is required within the boundaries of an established
floodway if such work increases the flood hazard to adjacent properties by either
increasing the capital flood water surface elevation, deflecting flows, or increasing
bank erosion. Such work may be performed within an established floodway, and
a building or grading permit therefore may be issued, where provisions are made
to the satisfaction of the city engineer to avoid such an increase in the flood
hazard.
The Los Angeles County Flood Control District shall act as a consultant to the city
engineer in permit matters relating to flood control and flood hazard identification,
avoidance, and mitigation in all areas defined on maps furnished to the engineer.
The district shall provide the city engineer with a series of maps delineating areas
subject to flood, mud, and debris hazards. The maps shall be prepared by the
district, shall be based on the best currently available information, and shall be
updated at least annually.
The city engineer shall consult with the district with respect to work requiring a
• building or grading permit in the hazard areas delineated on the maps.
The district shall prepare written reports of its examination of each building or
grading permit application for work in the hazard areas as delineated on the maps.
The reports shall be considered by the city engineer in acting upon the application.
The actions upon the applications shall be supported in writing.
The district shall also act as a consultant whenever the city engineer proposes to
establish by ordinance floodways and water surface elevations regulating the
locations of such proposed work.
110.2 Geologic Hazard. No building or grading permit shall be issued under the
provisions of this subsection when the building official finds that property outside
the site of the proposed work could be damaged by activation or acceleration of
• a geologically hazardous condition and such activation or acceleration could be
attributed to the proposed work on, or change in use of, the site for which the
permit is requested. For the purpose of this section, geologically hazardous
condition does not include surface displacement due to earthquake faults.
Work requiring a building or grading permit by this code is not permitted in an area
determined by the building official to be subject to hazard from landslide,
settlement, or slippage. These hazards include those from loose debris,
slopewash, and the potential for mud flows from natural slopes or graded slopes.
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For the purpose of this section, landslide, settlement, or slippage does not include
surface displacement due to the earthquake faults.
Subject to the conditions of Subdivision 1 of this Subsection, permits may be
issued in the following cases:
110.2.1 When the applicant has submitted a geological, and/or geotechnical
engineering report or reports complying with the provisions of Section 111, which
report or reports show to the satisfaction of the building official that the hazard will
be eliminated prior to the use or occupancy of the land or structures by
modification of topography, reduction of subsurface water, buttressing, a
combination of these methods, or by other means.
110.2.2 When the applicant has submitted a geological, and/or geotechnical
engineering report or reports complying with the provisions of Section 111, which
report or reports contain sufficient data to show to the satisfaction of the building
official that the site appears to be safe for the intended use.
110.2.3 When the work involves the alteration or minor repair of existing
structures, and the cost of such alteration or repair does not exceed 25 percent
of the value of the existing structure, such valve to be based on assumed
continuation of the established legal use. Before a permit is issued, the owner
shall record in the office of the Department of Registrar-Recorder (1) a statement
• that the owner is aware that the records of the building official indicate that the
property is subject to a physical hazard of a geological nature and (2) an
agreement relieving the city and all officers and employees; thereof, of any liability
of any damage, or loss which may result from issuance of such a permit. This
agreement shall provide that it is binding on all successors in interest of the owner
and shall continue in effect until the building official records in the office of the
Department of Registrar-Record a statement that the building official finds such
hazard no longer exists. The repair work shall consist of restoring the original
construction. Provision may be made for adjustment of the floor in anticipation of
future settlement. For the purposes of Section 110.2 "alteration" does not include
an addition or additions.
110.2.4 When the work involves an addition or additions to an existing structure
but is not a change in use or occupancy, and such work does not increase the
. area of the structure more than 25 percent of the area of the structure existing on
July 6, 1968. Before a permit is issued, the applicant shall submit an engineering
geology, and/or geotechnical engineering report or reports complying with the
provisions of Section 111, which report or reports contain a finding that the
proposed increased use of the site will not be geologically unsafe, and the owner
shall record in the office of the Department of Registrar-Recorder (1) the finding of
such report or reports, and (2) an agreement relieving the city, and all officers, and
employees; thereof, of any liability for any damage or loss, which may result from
the issuance of such a permit. This agreement shall provide that it is binding on
all successors in interest of the owner, and shall continue in effect until the building
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official records in the office of the Department of Registrar-Recorder a statement
that the building official finds a hazard no longer exists.
110.2.5 When the work involves a one-story, light-frame accessory structure not
intended or used for human occupancy and not exceeding 400 feee (37.2 m), in
area nor 12 feet (3,657mm) in height.
110.2.6 When the work involves the repair of single-family residences and
accessory buildings where the cost of such repair exceeds 25 percent of the value
of the existing building or involves the replacement of such structures where the
loss to be replaced was due to causes other than landslide, settlement, or
slippage. Before a permit is issued the owner shall:
110.2.6.1 Record in the office of the Department of Registrar-Recorder (1) a
statement that he or she is the owner and is aware that the records of the building
official indicate that the property is subject to a physical hazard of a geological
nature; and (2) an agreement relieving the city, and all officers, and employees;
thereof, of any liability for any damage or loss which may result from issuance of
such a permit. This agreement shall provide that it is binding on all successors in
interest of the owner and shall continue in effect until the building official records
in the office of the Department of Registrar-Recorder a statement that the building
official finds such hazard no longer exists.
110.2.6.2 Submit calculations and plans for the proposed reconstruction prepared
by a registered civil engineer and designed to minimize damage while
accommodating the amount of vertical and horizontal displacements which the
engineer determines are probable or which have occurred since the original
structure was built, whichever is the greater.
110.2.7 Notwithstanding any other provisions of this subsection, the building
official may, at his or her discretion, deny a permit for any building, structure, or
grading subject to a hazard of a geological nature which cannot be mitigated and
may endanger the health or safety of the occupants, adjoining property or the
public.
110.3 Fills Containing Decomposable Material. Permits shall not be issued for
buildings or structures regulated by this code within 1,000 feet (305m) of fills
• containing rubbish or other decomposable material unless the fill is isolated by
approved natural or artificial protective systems or unless designed according to
the recommendation contained in a report prepared by a licensed civil engineer.
Such report shall contain a description of the investigation, study, and
recommendation to minimize the possible intrusion, and to prevent the
accumulation of explosive concentrations of decomposition gases within or under
enclosed portions of such building or structure. At the time of the final inspection,
the civil engineer shall furnish a signed statement attesting that the building or
structure has been constructed in accordance with the civil engineer's
recommendations as to decomposition gases required herein.
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Buildings or structures regulated by this code shall not be constructed on fills
containing rubbish or other decomposable material unless provision is made to
prevent damage to structure, floors, underground piping and utilities due to uneven
settlement of the fill. One-story light-frame accessory structures not exceeding 400
square feet (37.2m) in area, nor 12 feet (3,657mm) in height may be constructed
without special provisions for foundation stability.
110.4 Methane Gas Hazards. Permits shall not be issued for buildings or
structures regulated by this code, on adjacent to, or within 25 feet (8m) of active,
abandoned, or idle oil or gas well(s), unless designed according to
recommendations contained in a report prepared by a licensed civil engineer and
approved by the building official. In addition, permits shall not be issued for a
building or structure regulated by this code located between 25 feet (8m), and 200
feet (61m) from active, abandoned, or idle oil or gas well(s), unless designed
according to recommendations contained in a report prepared by a licensed civil
engineer and approved by the building official or all active, abandoned or idle oil
or gas well(s), between 25 feet (8m), and 200 feet (61m) from said building or
structure are examined by a licensed petroleum engineer to evaluate whether, in
accordance with the current rules and regulations of the Division of Oil and Gas
of the State of California, such wells are being properly operated or maintained, or
are abandoned. No permits shall be issued until certification of property operation,
maintenance, or abandonment or reabandonment, as determined by the Division
of Oil and Gas, is submitted to the building official. This requirement is not
applicable to active, abandoned, or idle oil or gas well(s) located more than 200
. feet (61m) from the proposed buildings or structures.
As used in this section, 'well" shall mean any well as defined by Section 3008,
Subdivision (a) and (b) of the California Public Resources Code.
110.5 Conditional Use. Work required by this section as a condition for the use
of the site shall be performed prior to the connection of the utilities or occupancy
of the building.
111. Geology and Engineering Reports. The building official may require an
engineering geology or geotechnical engineering report, or both, where in the
building official's opinion, such reports are essential for the evaluation of the safety
of the site. The engineering geology or geotechnical engineering report or both
shall contain a finding regarding the safety of the building site for the proposed
structure against hazard from landslide, settlement, or slippage and a finding
regarding the effect that the proposed building or grading construction will have
on the geologic stability of property outside of the building site. Any engineering
geology report shall be prepared by a certified engineering geologist licensed by
the State of California. Any geotechnical engineering report shall be prepared by
a civil engineer qualified to perform this work, such as a geotechnical engineer
experienced in soil mechanics. When both an engineering geology and
geotechnical engineering report are required for the evaluation of the safety of a
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building site, the two reports shall be coordinated before submission to the building
official.
112. Earthquake Fault Maps. Special studies zones maps within the City of
Rosemead prepared under Section 2622 and 2623 of the California Resources
Code which show traces of earthquake faults are hereby declared to be, on the
date of official issue, a part of this code, and may be referred to elsewhere in this
code. Special studies zones maps revised under the above sections of the
California Resources Code shall, on the date of their official issue, supersede
previously issued maps which they replace.
Copies of each of the above maps shall be available for examination by the public.
113. Earthquake Faults
113.1 General. The construction of a building or structure near a known active
earthquake fault and regulated by this code shall be permitted as set forth in this
section.
113.2 Scope. The provisions of this section shall apply only to permits for
buildings or structures on individual lots or parcels and are not intended to be
supplementary to geologic investigations required to qualify divisions of land as set
forth in Article IX of the Rosemead Municipal Code.
• 113.3 Definition. For the purpose of this section, a geologist shall be a registered
geologist, licensed by the California State Board of Registration for Geologists and
Geophysicists to practice geology in California.
113.4 Known Active Earthquake Faults. For the purpose of this section, known
active earthquake faults are those faults which have had displacement within
Holocene time (approximately the last 11,000 years) as defined in the most current
issue of Special Publication 42 of the California Division of Mines and Geology.
113.5 Construction Limitations. No building or structure shall be constructed over
or upon the trace of a known active earthquake fault which is shown on maps
maintained by the city engineer.
The absence of a known active earthquake fault trace at the proposed building
location shall be determined by the building official or a geologist in the following
cases:
When the proposed building is within 50 feet (15m) of that line designated
by the city engineer as the assumed location of a known active earthquake
fault on the aforementioned maps.
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2. When the proposed building is within 50 feet (15m) of the most probable
ground location of the trace of a known active earthquake fault shown on
the aforementioned maps.
In these cases when a geologist has not otherwise made such a
determination, the building official may require the excavation of a trench,
as a subsurface exploration for the purpose of determining the absence of
a known active earthquake fault. Such a trench will be required if a lack of
distinguishable fault features in the vicinity prevents the building official from
determining by a site examination, review of available aerial photographs,
or by other means that the fault trace does not underlie the proposed
building. The trench shall be approximately perpendicular to the most
probable direction of the fault race, at least 1 k feet (460mm) wide, and at
least 5 feet (1,525mm) in depth measured from natural grade, or to a depth
satisfactory to the city engineer.
The trench must be accessible for mapping and inspection by the city
engineer, when requested, and meet the requirements of Title 8 of the
California Code of Regulations, Construction Safety Orders. The trench
need not extend further than the full width of the proposed structure plus 5
feet (1,525mm) beyond the traversed exterior walls. A known active
earthquake fault shall be presumed nonexistent if an exposure is not found
by the city engineer or a geologist in the walls or floor of the trench.
i The building official may require a more extensive investigation by a
geologist as evidence of the absence of a known active earthquake fault
prior to the issuance of a permit for Groups A, B, E, F, H, M, R-1, I and S
Occupancies over one story in height.
EXCEPTION: The provisions of this subsection do not apply to:
One-story light-frame buildings not intended or used
for human occupancy and not exceeding 1,000
square feet (75m2) in area or 12 feet (3,657mm) in
height.
2. Alterations or repairs to an existing building provided
that the aggregate value of such work within any 12-
month period does not exceed 50 percent of the
value of the existing building.
3. Swimming pools, retaining walls, fences, and minor
work of a similar nature.
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113.6 Maps of Active Faults. The city engineer shall maintain maps available to
the public showing the location of known active earthquake faults. In the absence
of additional information, the location of known active earthquake faults shall be a
shown on special studies zones maps as required by Section 112.
113.7 Special Studies Zones. Work within the special studies zones established
under Section 2622 and 2623 of the California Public Resources Code shall comply
with the sate laws, policies, criteria, rules, and regulations applicable to such work.
Fees established by Chapter 7.5 of Division 2 of the California Public Resources
Code shall be collected and disbursed as required by State law.
In addition to the state regulations, the provisions of this section shall apply when
geologic investigations, mapping, aerial photographs, other acceptable data, or
Special Studies Zones Maps show the location of a known active earthquake fault
as defined by Section 113.4.
(t) Notwithstanding the provisions of Section 8100, the Building Code is
amended by amending Section 103 to read as follows:
Section 103. Violations.
103.1 Compliance with Code. No person shall erect, construct, enlarge, alter,
repair move, improve, remove, convert, demolish, equip, use, occupy, or maintain
• any building or structure or perform any grading in the City of Rosemead, or cause
the same to be done, contrary to or in violation of any of the provisions of the
Building Code.
103.2 No person shall maintain, permit, or cause to maintained or permitted
substandard building conditions or substandard property conditions.
103.3 Penalty. Any person, firm or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and each such person shall
be deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this chapter is committed,
continued, or permitted, and upon conviction of any such violation such person
shall be punishable by a fine of not more than $1,000, or by imprisonment for not
more than six (6) months, or by both such fine and imprisonment.
•
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(u) Signs. Notwithstanding the provisions of section 8100, the building
code is amended by adding Chapter 65 to read as follows:
CHAPTER 65
SIGNS
Section 6501. Definitions. For the purpose of this Code, certain terms, phrases,
words and their derivatives shall be defined as follows:
• Building Line For the purpose of this Chapter, a "property line" shall also
mean a building line whose boundaries are established by a building line
ordinance.
• Face of Building is the general outer surface, not including cornices, bay
windows or other ornamental trim, of any main exterior wall of a building.
• Ground Sign is a detached sign erected upon or supported by the ground.
• Projecting Sign is a sign other than a wall sign suspended from or
supported by a building or structure and projecting out therefrom.
• Roof Sign is a sign erected upon or above a roof or parapet wall of a
building or structure.
• • Sign is a display Board, screen, structure, object or part thereof, used to
announce, declare, demonstrate, display or otherwise advertise and attract
the attention of the public.
• Wall Sign is a sign attached to or erected against the wall of a building or
structure, with the exposed face of the sign in a plane approximately parallel
to the plane of said wall.
Section 6502. General Requirements
6502.1 Scope. This Chapter is intended to regulate the construction, erection,
alteration, repair and maintenance of all signs, and their supports in the
unincorporated territory of the City of Rosemead, except ground signs extending
not more than 6 feet above grade.
• 6502.2 Permits. A building permit as specified in Section 106 shall be required for
every sign and sign structure regulated by this Chapter.
Where signs are illuminated by electric lighting, a separate electrical permit shall
be obtained as required by the Electrical Code.
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6502.3 Plans. Two copies of plans and specifications shall be submitted with the
application for permit for each sign except cloth and banner signs. Such plans
shall show complete details, method of attachment or support, location, and
materials to be used. Plans for supports of all roof signs and other signs subject
to excessive stresses shall be accompanied by structural computations.
Sufficient data shall be submitted to show that the supporting surface and other
members of an existing building to which a sign is to be attached are -in good
condition, and are adequately strong to support the load.
6502.4 Design and Construction. Sign frames and supporting construction shall
be designed and constructed as provided in Part VI of this Code.
EXCEPTION: Structural steel members shall not be less than J inch thick if
ungalvanized, and 3/, , inch thick if all members, including bolts
and fastenings, are galvanized. Bolts and rivets used in sign
structures, supporting signs 100 square feet in area or more,
shall not be less than ~ inch in diameter. On such structures
supporting signs less than 100 square feet in area, bolts and
rivets shall not be less than % inch in diameter.
Supports shall be designed so that all loads and reactions shall be transmitted to
the ground through the structural framework and walls of supporting buildings or
• structures.
Signs erected on buildings or structures shall be securely attached by means of
adequate metal brackets, expansion bolts, through bolts or lag screws. No
material, part, portion or equipment thereof or therefor shall be used which may
become dangerous because of vibration, corrosion, disintegration or for any other
reason whatsoever. Wire other than stranded cable shall not be considered as
adequate fastening, except for cloth and banner signs.
If supports of an existing structure are found to be inadequate, they shall be
adequately strengthened before the sign is erected.
6502.5 Projection and Clearance. Signs may project over a public street, public
sidewalk or building line a distance as determined by the clearance of the bottoms
thereof above the level of the sidewalk or grade immediately below, as follows:
Clearance less than 8 feet, 6-inch projection;
Clearance from 8 feet to 10 feet, 1-foot projection;
And above 8 feet, for each additional 2-foot clearance, an additional 1-foot
projection;
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Provided that no structure shall have a projection of more than 5 feet, and
provided further that a projecting sign built above and in connection with a
marquee may have such a projection of 5 feet without clearance between
sign and marquee; and provided further that no structure shall project
beyond the curb line, regardless of clearance above grade.
Signs projecting more than 6 inches from the face of a building over private
property used or intended to be used by the general public shall have a minimum
clearance of 8 feet above said sidewalk or grade. .
6502.6 Materials. Signs and their supports may be constructed of any material
allowed in this Chapter for the classification and location of sign to be erected.
Glass used in signs shall be of the size, thickness and type given in Table 65-1 of
this Chapter.
EXCEPTION: Surfaces of signs not more than 55 feet above grade may be of
plastic material which has a flame-spread rating of 225 or less
when tested in accordance with U.B.C. Standard No. 42-1 in the
way intended for use.
6502.7 Prohibited Locations. No sign shall project into any alley whatsoever below
a height of 14 feet above grade or more than 6 inches when over 14 feet.
No sign shall be erected in such a manner that any portion of its surface or
supports will interfere in any way with the free use of any fire escape, exit or
standpipe, or obstruct any required ventilator, door or stairway. No sign shall
obstruct the free use of any window on the same premises.
No sign shall be erected in such a manner as to interfere with, mislead or confuse
traffic.
6502.8 Combination Signs. Each portion of a sign which is subject to more than
one classification shall meet the requirements for the classification to which such
portion is subject.
6502.9 Identification. Every sign shall have an identifying number, and except for
ground signs, the weight of the sign, plainly placed on the exterior surface of the
sign body in a location 'where such information will be readily visible after
installation and erection.
6502.10 Maintenance. Signs and sign structures shall be maintained at all times
in a state of good repair, with all braces, bolts, clips, supporting frame and
fastenings free from deterioration, termite infestation, rot, rust or loosening. At all
times they shall be able to safely withstand the wind pressure for which they were
originally designed, and in no case less than 15 pounds per square foot.
-29-
Section 6503. Ground Signs. Ground signs of wood shall have all members which
extend into the ground protected with an approved preservative.
Approved plastic as defined in Chapter 52 may be used for surface of signs
exceeding 55 feet in height providing the sign is constructed of noncombustible
materials.
Section 6504. Projecting Signs. Projecting signs attached to a building shall be
of noncombustible materials, or of not less than one-hour fire-resistive construction
as specified in Chapter 43.
The thickness of any such sign shall not exceed the following:
For a maximum projection of 5 feet, a thickness of 2 feet.
For a maximum projection of 4 feet, a thickness of 2 feet 6 inches.
For a maximum projection of 3 feet, a thickness of 3 feet.
Section 6505. Wail Signs. Wall signs exceeding a height of 15 feet above grade
shall have a surface of noncombustible material, but may have ornamental
moldings and lattice work of combustible material. No wall sign shall have a
projection over any public street, other public property or building line, as defined
herein, greater than 24 inches. No wall sign shall extend above the roof or highest
parapet wall immediately adjacent thereto.
Section 6506. Roof Signs.
6506.1 Access. Passages clear of all obstructions shall be left under all signs
exceeding a height of 4 feet above the roof thereunder or immediately adjacent
thereto. There shall be one such passage or access opening for each building
covered and at least every 50 feet in the length of the sign, and when such signs
are at right angles to a face of the building, within 20 feet of parapet or exterior
walls. Such passages shall not be less than 3 feet wide and 4 feet high and shall
be at the parapet or roof level.
6506.2 Height. No solid roof sign or solid portion of a roof sign on a Type II, III,
IV or V building or structure shall exceed a height of 30 feet above the top of the
parapet wall nearest the sign, or above the highest point of the roof directly under
the sign in case there is no parapet wall, unless constructed integral with the
building or structure or unless its supporting frame extends directly to the ground.
The height above a Type I structure is unlimited.
6506.3 Construction. Roof signs shall be designed as required in Section 6502.
They shall be of noncombustible material, except that wood moldings and
2-inch-thick plank walkways may be used.
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Blocks, angles or supports fastened to the roof shall be so located as not to
interfere with the drainage of the roof and, where necessary, flashing or counter
flashing shall be placed.
Section 6507. Special Signs.
6507.1 Marquee Signs. Signs may be placed on, attached to or constructed in
a marquee and such signs shall, for the purpose of determining projection,
clearance, height and material, be considered a part of and shall meet the
requirements for a marquee. Projecting signs attached to a building may also be
attached to a marquee.
6507.2 Cloth and Banner Signs. Cloth and banner signs placed on buildings shall
be strongly constructed and securely attached flat against the building. They shall
be removed as soon as torn or damaged.
TABLE NO. 65-1---SIZE, THICKNESS AND TYPE OF GLASS
PANELS IN SIGNS
•
•
MAXIMUM SIZE OF
MAXIMUM SIZE OF
MINIMUM
TYPE OF GLASS
EXPOSED GLASS
EXPOSED GLASS
THICKNESS OF
PANEL
PANEL
GLASS IN INCHES
Any Dimension in Inches
Area in Square Inches
30 (760mm)
500 (0.323m=)
1/8 (3.1mm)
Plain, plate or wired
45 (1140mm)
700 (0.452mt)
3/16 (4.8mm)
Plain, plate or wired
144 (3660mm)
3,600 (2.323m:)
1/4 (6.3mm)
Plain, plate or wired
OVER 144 (3660mm)
Over 3,600 (2.323m=)
1/4 (6.3mm)
Wired glass
-31-
(v) Special Safety Provisions. Notwithstanding the provisions of Section
8100, the Building Code is amended by adding Chapter 66 to read as
follows:
CHAPTER 66
SPECIAL SAFETY PROVISIONS
Sec. 6601. General Provisions.
6601.1 Structures Regulated. The provisions of this Chapter are intended to
regulate structures not otherwise regulated by this Code, which affect or may affect
the physical safety of human beings, and shall include the installation, maintenance
and operations of public assembly tents, amusement devices, towers, membrane
structures not regulated by Chapter 31, Division II, and other structures.
Amusement Device or Structure is any device or structure such as rebound
tumbling equipment, merry-go-round, Ferris wheels, captive air-planes, dark
houses and similar devices or structures which the public is invited or
permitted to ride or use for the purpose of amusement.
6601.2 Permits. No person shall erect or construct or proceed with the erection
or construction of any public assembly tent, amusement device, or other structure
regulated by this Chapter without first filing an application and obtaining a permit
• therefor from the Building Official. A permit shall be required each time said
structure is erected or moved.
Any person desiring a permit under this Chapter shall, at the time of filing an
application therefor, pay to the Building Official a fee as set forth in Section 106.4.
6601.3 Construction Requirements. Amusement devices, and all structures,
equipment or devices regulated by this Chapter, whether specifically mentioned or
not, shall be made structurally safe, with due allowance for impact, wear and injury
during use.
Where not otherwise specifically provided in this Code, the construction,
installation, maintenance and use of everything regulated by this Chapter shall
provide adequate safety for the loads to which they may be subjected.
6601.4 Certificate of Occupancy. No structure regulated by this Chapter shall be
used or occupied unless or until an inspection has been made and a certificate of
occupancy has been issued as provided in Section 109 each time said structure
is erected or moved.
-32-
6601.5 Unsafe Structure or Device. Whenever any structure or device regulated
by this Chapter is being used or occupied contrary to the provisions of this Code
or in a dangerous or unsafe manner, the Building Official may order such use or
occupancy discontinued by notice in writing served on any persons engaged in
using or occupying or causing to be used or occupied such structure or device,
and all such persons shall forthwith discontinue such use or occupancy until
authorized by the Building Official to continue the same.
Section 6602. Amusement Devices.
6602.1 General. Amusement devices or structures shall be regulated by this
section when the provisions of Section 408.5, 1013.6 or 904.2.3.6 do not apply.
6602.2 Location on Property. Location of structures and devices regulated by this
section shall be such as to provide adequate safety to the occupants of or egress
from said structure or device, or adjacent structures or devices, in case of fire or
panic.
6602.3 Construction. All structures or devices regulated by this section shall be
constructed and maintained as required in Section 6601.
6602.4 Special Safety Measures. In case of doubt, the Building Official, at any
time, may order a structure or device regulated by this Chapter to be tested in his
• or her presence with loads equal to double the weight of the proposed occupants,
loaded either uniformly or eccentrically.
When necessary for safety, the Building Official may limit the speed of operation
of such devices or order sufficient alterations to make them safe.
6602.5 Exit Facilities. Exits and exit passageways shall be provided from or
between structures or devices to ensure safety in case of panic or disaster.
6602.6 Special Hazards. Adequate fire-extinguishing apparatus shall be provided
subject to the approval of the Building Official.
6602.7 Reinspection. The Building Official may cause all structures and devices
regulated by this section to be reinspected, and fees for such inspection shall be
paid as required by Section 106.4.
• Section 6603. Rebound Tumbling Equipment. Rebound tumbling equipment, as
used in this Chapter and Section 303, is a fabric bed or surface designed to
provide resilience by virtue of its own elasticity or that provided by an elastic or
spring suspension system, or by both, within a stable and tested frame and
intended to be used for jumping, bouncing or acrobatic tumbling.
-33-
Section 6604. Rebound Tumbling Center. Rebound tumbling center, as used in
this Chapter, is a place where rebound tumbling equipment is provided and
maintained for public use.
Section 6605. Layout of Rebound Tumbling Equipment. Rebound tumbling
equipment shall be located on a level surface in such a way as to be within view
of the operator or attendant at all times.
The spacing of equipment units shall conform to the following minimum dimensions
as measured from the inside edge of the frame:
Three feet between sides of units.
2. Four feet between ends of units.
3. Five feet from ends to nearest fence, building or other similar construction.
4. Three feet from sides or corners to nearest fence, building or other similar
construction.
The area surrounding the rebound tumbling equipment shall be surfaced to
prevent a dust nuisance and have a reasonably level surface of pea gravel or
equivalent type of material from a safety and dust control standpoint.
Section 6606. Construction of Pits. Pits for rebound tumbling centers shall be so
constructed that they will not interfere with the operation of the equipment and be
of a depth not less than 3 feet nor more than 4 feet at centers.
Such pits shall be so framed that the rebound tumbling equipment is held in a level
position and is supported on a solid stable surface. Lumber used as framing for
pits shall not be less than 2 inches in thickness and shall be securely connected
together.
Section 6607. Construction of Equipment. Precautionary measures shall be taken
to prevent broken springs on rebound tumbling equipment disengaging from the
assembly.
Section 6608. Use of Padding. The frames of rebound tumbling equipment shall
be completely padded to provide reasonable safety. Pads 2 inches thick filled with
cotton liners shall be deemed to meet this requirement.
Section 6609. Fencing. The entire rebound tumbling center shall be completely
enclosed by fencing not less than 5 feet in height.
Section 6610. Inspection. The Building Official shall inspect annually every
rebound tumbling center.
-34-
Section 6611. Automobile Racing Facilities.
6611.1 Scope. Every person or corporation owning or operating oval and other
closed track automobile racing facilities shall erect and maintain protective fencing
between grandstands or bleacher areas in accordance with Subsection (b). This
section shall not apply where racing is limited to quarter midget cars, go-carts and
similar smaller vehicles.
6611.2 Protective Fencing. The location and construction of fencing shall comply
with the following:
6611.2.1 Location. Fencing shall be installed between the grandstands or
bleachers and the track surface in the following situations:
A. When such surface is a curve and within 100 feet of the
grandstands or bleachers.
B. When such surface is other than a curve and is within 50 feet of
the grandstands or bleachers.
C. Notwithstanding Subsections A and B, when such surface is
within 50 feet of grandstands or bleachers and such grandstands
and bleachers are located within the infield or other area
• surrounded by the track.
6611.2.2 Height. Fencing shall extend 12 feet above the highest grade of the
racing surface.
6611.2.3 Construction. At and adjacent to curves, the fencing shall be of
galvanized wire mesh, minimum No. 11 gauge, with a maximum
spacing between wire of 2k inches. Galvanized steel posts spaced
not greater than 12 feet on center shall be designed to resist a
minimum loading of 100 pounds applied perpendicular to the fence 5
feet from its base. Two and one-half-inch diameter standard weight,
Schedule 40, steel pipe (27/e-inch outside diameter) imbedded in a
concrete foundation 3 feet deep and 18 inches in diameter will satisfy
this requirement. Continuous seven-strand ;inch diameter galvanized
steel cable shall be provided horizontally at top and bottom of the
• fencing. Additional continuous ;inch horizontal cables shall be
provided at a 4-foot maximum spacing. Such cable shall be
mechanically fastened to the post.
At location other than curves, the spacing between wires may be
increased to 4 inches.
-35-
6611.3 Curves. For the purpose of this section, curves are defined as those
portions of the track having a radius of less than 1,000 feet at the inside edge and
shall include a distance of 50 feet from each end of the curve.
(w) Security Provisions. Notwithstanding the provisions of Section 8100, the
building code Is amended by adding Chapter 67 to read as follows:
CHAPTER 67
SECURITY PROVISIONS
Section 6701. Purpose. The purpose of this Chapter is to set forth minimum
standards of construction for resistance to unlawful entry.
Section 6702. Scope. The provisions of this Chapter shall apply to enclosed
Groups B and R Occupancies and enclosed private garages.
Section 6703. Limitations. No provisions of this Chapter shall require or be
construed to require devices on exit doors or on sleeping room emergency exits
contrary to the requirements specified in Chapter 33 and Section 1204.
Section 6704. Alternate Security Provisions. The provisions of this Chapter are not
intended to prevent the use of any device or method of construction not
specifically prescribed by this Code when such alternate provides equivalent
security based on a recommendation of the County Sheriff.
Section 6705. Definitions. For the purpose of this Chapter, certain terms are
defined as follows:
• Cylinder Guard is a protective metal device of hardened steel or with a
hardened steel insert that covers or surrounds the exposed portion of the
lock cylinder for the purpose of protecting the cylinder from wrenching,
prying, cutting, driving through, or pulling out by attack tools.
• Deadbolt is a bolt which has no automatic spring action and which is
operated by a key cylinder, thumbturn or lever, and is positively held fast
when in the projected position.
• Deadlocking Latch is a latch in which the latch bolt is positively held in the
• projected position by a guard bolt, plunger or auxiliary mechanism.
• Latch is a device for automatically retaining the door in a closed position
upon its closing.
-36-
Section 6706. Tests - Sliding Glass Doors. Panels shall be closed and locked.
Tests shall be performed in the following order:
6706.1 Test A. With the panels in the normal position, a concentrated load of 300
pounds shall be applied separately to each vertical pull stile incorporating a locking
device, at a point on the stile within 6 inches of the locking device, in the direction
parallel to the plane of glass that would tend to open the door.
6706.2 Test B. Repeat Test A while simultaneously adding a concentrated load
of 150 pounds to the same area of the same stile in a direction perpendicular to
the plane of glass toward the interior side of the door.
6706.3 Test C. Repeat Test B with the 150-pound force in the reversed direction
toward the exterior side of the door.
6706.4 Tests D, E and F. Repeat Tests A, B and C with the movable panel lifted
upwards to its full limit within the confines of the door frame.
6706.5 Identification. Sliding glass door assemblages subject to the provisions of
this section shall bear a label or other approved means of identification indicating
compliance with these tests. The label shall be a type authorized through a
recognized testing agency which provides periodic follow-up inspection service.
Section 6707. Tests - Sliding Glass Windows. Sash shall be closed and locked.
• Tests shall be performed in the following order:
6707.1 Test A. With the sliding sash in the normal position, a concentrated load
of 150 pounds shall be applied separately to each sash member incorporating a
locking device, at a point on the sash member within 6 inches of the locking
device, in the direction parallel to the plane of glass that would tend to open the
window.
6707.2 Test B. Repeat Test A while simultaneously adding a concentrated load
of 75 pounds to the same area of the same sash member in the direction
perpendicular to the plane of glass toward the interior side of the window.
6707.3 Test C. Repeat Test B with the 75 pounds of force in the reversed
direction toward the exterior side of the window.
6707.4 Tests D, E and F. Repeat Tests A, B and C with the movable sash lifted
upwards to its full limit within the confines of the window frame.
6707.5 Identification. Sliding glass window assemblages subject to the provisions
of this section shall bear a label or other approved means of identification
indicating compliance with these tests. The label shall be a type authorized
through a recognized testing agency which provides periodic follow-up inspection
service.
-37-
Section 6708. Doors - General. A door forming a part of the enclosure of a
dwelling unit or of an area occupied by one tenant of a building shall be
constructed, installed, and secured as set forth in Sections 6709, 6711 and 6712,
when such door is directly reachable or capable of being reached from a street,
highway, yard, court, passageway, corridor, balcony, patio, breezeway, private
garage, portion of the building which is available for use by the public or other
tenants, or similar area. A door enclosing a private garage with an interior opening
leading directly to a dwelling unit shall also comply with said Sections 6709, 6710,
6711 and 6712.
Section 6709. Doors - Swinging Doors.
6709.1 Swinging wooden doors which are openable from the inside without the
use of a key shall be of one of the following constructions or shall be of a
construction having equivalent forced-entry resistance:
6709.1.1 Solid-core doors not less than 19/e inches in thickness.
6709.1.2 Wood panel-type doors with panels fabricated of lumber not less than
1% inches thick, provided shaped portions of the panels are not less
than 4 inch thick. Individual panels shall not exceed 300 square
inches in area. Stiles and rails shall be of solid lumber with overall
dimensions of not less than 1% inches in thickness and 3 inches in
width. Mullions shall be considered a part of adjacent panels unless
• sized as required herein for stiles and rails except mullions not over 18
inches long may have an overall width of not less than 2 inches.
Carved areas shall have a thickness of not less than % inches.
Dimensional tolerances published in recognized industry standards
may be utilized.
6709.1.3 Hollow-core doors or doors less than 1% inches in thickness either of
which are covered on the inside face with 16-gauge sheet metal
attached with screws at 6 inches maximum centers around the
perimeter.
Lights in doors shall be as set forth in Sections 6714 and 6715.
•
-38-
6709.2 A single swinging door, the active leaf of a pair of doors, and the bottom
leaf of Dutch doors shall be equipped with a deadbolt and a latch. If a key-locking
feature is incorporated in the latching mechanism, a dead latch shall be used. The
deadbolt and latch may be activated by one lock or by individual locks. Deadbolts
shall contain hardened inserts, or equivalent, so as to repel cutting tool attack.
The deadbolt lock or locks shall be key operated from the exterior side of the door
and engaged or disengaged from the interior side of the door by a device not
requiring a key, tool or excessive force.
EXCEPTIONS: 1. The latch may be omitted from doors in Group B
Occupancies.
2. In other than residential occupancies, locks may be key,
or otherwise operated from the inside when not prohibited
by Chapter 33 or other laws and regulations.
3. A swinging door of width greater than S feet may be
secured as set forth in Section 6711.
•
40
In residential occupancies, doors not required by Section
310.4 or 1004.1 may be equipped with security-type
hardware which requires a key to release from the interior
side of the door if the sleeping rooms are protected with
a fire-warning system as set forth in Section 310.9.
A straight deadbolt shall have a minimum throw of I inch and the embedment shall
not be less than % inch into the holding device receiving the projected bolt. A hook
shape or expanding lug deadbolt shall have a minimum throw of ; inch. All
deadbolts of locks which automatically activate two or more deadbolts shall embed
at least k inch, but need not exceed ; inch, into the holding devices receiving the
projected bolts.
6709.3 The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall
be equipped with a deadbolt or deadbolts as set forth in Subsection 6709.2.
EXCEPTIONS: 1. The bolt or bolts need not be key operated, but shall not
be otherwise activated, from the exterior side of the door.
2. The bolt or bolts may be engaged or disengaged
automatically with th2 deadbolt or by another device on
the active leaf or lower leaf.
3. Manually operated hardened bolts at the top and bottom
of the leaf and which embed a minimum of ~ inch into the
device receiving the projected bolt may be used when not
prohibited by Chapter 10 or other laws and regulations.
-39-
6709.4 Door stops on wooden jambs for in-swinging doors shall be of one-piece
construction with the jamb or joined by a rabbet.
6709.5 Nonremovable pins shall be used in pin-type hinges which are accessible
from the outside when the door is closed.
6709.6 Cylinder guards shall be installed on cylinder locks for deadbofts whenever
the cylinder projects beyond the outside face of the door or is otherwise accessible
to attack tools.
Section 6710. Doors - Sliding Glass Doors. Sliding glass doors shall be equipped
with locking devices and shall be so installed that, when subjected to tests
specified in Section 6706, they remain intact and engaged. Movable panels shall
not be rendered easily openable or removable from the frame during or after the
tests.
Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed
in hollow-metal doors whenever the cylinder projects beyond the face of the door
or is otherwise accessible to gripping tools.
Locking devices installed on sliding glass doors providing the exit required by
Section 1003 or providing for the emergency escape or rescue required by Section
310.4 shall be releasable from the inside without the use of a key, tool or excessive
force.
40 Section 6711. Doors - Overhead and Sliding Doors. Metal or wooden overhead
and sliding doors shall be secured with a deadbolt lock, padlock with a hardened
steel shackle, or equivalent when not otherwise locked by electric power operation.
Locking devices, when installed at the jamb of metal or wooden overhead doors,
shall be installed on both jambs when such doors exceed 9 feet in width. Metal
or wooden sliding doors exceeding 9 feet in width and provided with a
jamb-locking device shall have the door side opposite the lock restrained by a
guide or retainer.
Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed
in hollow-metal doors whenever the cylinder projects beyond the face of the door
or is otherwise accessible to gripping tools.
00 Section 6712. Doors - Metal Accordion Grate or Grille-type Doors. * Metal
accordion grate or grille-type doors shall be equipped with metal guides at top and
bottom, and a cylinder lock or padlock and hardened steel shackle shall be
provided.
Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed
in hollow-metal doors whenever the cylinder projects beyond the face of the door
or is otherwise accessible to gripping tools.
-40-
Section 6713. Lights - General. A window, skylight or other light forming a part
of the enclosure of a dwelling unit or of an area occupied by one tenant of a
building shall be constructed, installed and secured as set forth in Sections 6714
and 6715, when the bottom of such window, skylight or light is not more than 16
feet above the grade of a street, highway, yard, court, passageway, corridor,
balcony, patio, breezeway private garage, portion of the building which is available
for use by the public or other tenants, or similar area.
A window enclosing a private garage with an interior opening leading directly to a
dwelling unit shall also comply with said Sections 6714 and 6715.
Section 6714. Lights - Material. Lights within 40 inches of a required locking
device on a door when in the closed and locked position and openable from the
inside without the use of a key, and lights with a least dimension greater than
6 inches but less than 48 inches in Group B Occupancies, shall be fully tempered
glass, laminated glass of at least ; inch thickness, approved burglary-resistant
material, or guarded by metal bars, screens or grilles in an approved manner.
Section 6715. Lights - Locking Devices.
6715.1 Locking devices installed on windows providing the emergency egress
required by Sections 1304 and 1404 shall be releasable from the inside without use
of a key, tool or excessive force.
• 6715.2 Sliding glass windows shall be provided with locking devices that, when
subject to the tests specified in Section 6707, remain intact and engaged. Movable
panels shall not be rendered easily openable or removable from the frame during
or after the tests.
6715.3 Other openable windows shall be provided with substantial locking devices
which render the building as secure as the devices required by this Section. In
Group B Occupancies, such devices shall be a glide bar, bolt, cross bar, and/or
padlock with hardened steel shackle.
6715.4 Special. Louvered windows, except those above the first story in Group
R Occupancies which cannot be reached without a ladder, shall be of material or
guarded as specified in Section 6714 and individual panes shall be securely
fastened by mechanical fasteners requiring a tool for removal and not accessible
• on the outside when the window is in the closed position.
-41-
Section 6716. Other Openings - General. Openings, other than doors or lights,
which form a part of the enclosure, or portion thereof, housing a single occupant,
and the bottom of which is not more than 16 feet above the grade of a street,
highway, yard, court, passageway, corridor, balcony, patio, breezeway or similar
area, or from a private garage, or from a portion of the building which is occupied,
used or available for use by the public or other tenants, or an opening enclosing
a private garage attached to a dwelling unit which openings therein shall be
constructed, installed and secured as set forth in Section 6717.
Section 6717. Hatchways, Scuttles and Similar Openings.
6717.1 Wooden hatchways of less than
on the inside with 16-gauge sheet metal
centers around perimeter.
1 J-inch-thick solid wood shall be covered
attached with screws at 6-inch maximum
6717.2 The hatchway shall be secured from the inside with a slide bar, slide bolt,
and/or padlock with a hardened steel shackle.
6717.3 Outside pin-type hinges shall be provided with nonremovable pins or a
means by which the door cannot be opened through removal of hinge pins while
the door is in the closed position.
6717.4 Other openings exceeding 96 square inches with a least dimension
exceeding 8 inches shall be secured by metal bars, screens or -grilles in an
approved manner.
(x) Relocation Permits. Notwithstanding the provisions of Section 8100, the
building code is amended by adding Chapter 68 to read as follows:
CHAPTER 68
RELOCATION PERMITS
Section 6801. Relocation Building Permit Required. A person shall not move onto
any premises a building or structure until such person first secures a relocation
building permit as hereinafter provided.
Section 6802. Relocation Building Permit Not Required. A permit is not required
where the only relocation involved is that of moving a building temporarily to the
• regularly occupied business premises of a house mover, nor, for a contractor's
tool house, construction building or similar structure which is moved as
construction requires.
Section 6803. Application. Every application to the Building Official for a
relocation building permit shall be in writing on a form furnished by the Building
Official and shall set forth such information as the Building Official may reasonably
require in order to carry out the purpose of this Chapter.
-42-
Section 6804. Investigation Required. Every application to the Building Official for
a relocation building permit shall be accompanied by a rendering, perspective
drawing or other illustration acceptable to the Building Official showing, in color, the
appearance of the completed building on the proposed site. If there is to be no
substantial change of the exterior of the building in its new location, and if a
photograph or photographs taken at the existing site will adequately represent the
appearance of the completed building on the proposed site, the Building Official
may waive the requirement of a rendering or equivalent drawing.
In addition, the Building Official may require the submission in connection with a
relocation building permit application, of such plans, photographs and other
substantiating data, and may cause to be made any investigation which the
Building Official deems necessary and helpful in determining any matters presented
by the application.
Section 6805. Application Fees. The applicant for a relocation building permit
shall pay an application and investigation fee, as provided by Section 303, to the
Building Official for inspection of the building at its present location and
investigation of the proposed site.
Section 6806. Permit Fees. Relocation building permit fees for repairs or
alterations to relocated buildings shall be required in accordance with Section 303
of this Code.
• Section 6807. Issuance of Permit. If the condition of the building or structure, in
the judgment of the Building Official, admits of practicable and effective repair, the
Building Official may issue a relocation building permit to the owner of the property
where the building or structure is to be located upon conditions as hereinafter
provided; otherwise the permit shall be denied.
Section 6808. Prohibited Buildings. Except as otherwise provided in this Chapter,
the Building Official shall not issue a relocation building permit for any building or
structure which:
6808.1 Is so constructed or in such condition as to be dangerous.
6808.2 Is infested with pests or is unsanitary.
• 6808.3 If it be a dwelling or habitation, is unfit for such use.
6808.4 If so dilapidated, defective, unsightly or in such a condition of deterioration
or disrepair that its relocation at the proposed site would cause appreciable harm
to or be materially detrimental to the property or improvements in the district within
a radius of 1,000 feet from the proposed site.
6808.5 If the proposed use is prohibited by City of Rosemead Zoning Ordinance.
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6808.6 If the structure is of a type prohibited at the proposed location by this or
any other law or ordinance.
6808.7 Because of age, size, design or architectural treatment, does not
substantially conform to the design, plan and construction of the buildings located
in the district within a radius of 1,000 feet from the proposed site so that its
relocation would be detrimental to the property or improvements in said district.
Section 6809. Appeals. If the Board of Appeals deems it necessary or expedient
to do so, may set any such application for hearing before a member of the Board
or representative thereof and cause such notice of the time, place and purpose
thereof to be given as the Board may deem appropriate. Thereafter, the findings
of said hearing shall be reported to the Board for its consideration along with any
other information before it.
Section 6810. Conditions of Permit. The Building Official, in granting any
relocation building permit may impose thereon such terms and conditions as he
or she deems reasonable and proper. These terms and conditions shall include,
but are not limited to, compliance with provisions of this Code for new buildings
or structures to the extent that is reasonable and practical for the period of time
required to complete all work; the requirement of changes, alterations, additions
or repairs to be made to or upon the building or structures, to the end that the
relocation thereof will not be materially detrimental or injurious to public safety,
public welfare or to the property and improvements, or either in the district, as
hereinabove limited, to which it is to be relocated.
Section 6811. Unfinished Relocated Buildings or Structures. Where the work
required to be done pursuant to the terms and conditions of a relocation building
permit has not been performed within the period of time allowed by such permit,
nor within the extension of time granted thereto in writing by the Building Official,
the building or structure shall be deemed and is hereby found to be substandard.
The nuisance shall be abated in accordance with provisions of Chapter 99 of this
Code.
•
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(y) Trailer Coaches. Notwithstanding the provisions of Section 8100, the
building code is amended by adding Chapter 69 to read as follows:
CHAPTER 69
TRAILER COACHES
Section 6901. Definition. A trailer coach is a vehicle with or without motive power,
constructed to travel on a public thoroughfare at the maximum allowable speed in
accordance with the provisions of the Vehicle Code, and is customarily-used for
living or sleeping purposes.
Section 6902. Where Allowed without Permits. This chapter shall not apply to
trailer coaches:
1. When the provisions of Part 2, Division 13 of the Health and Safety Code,
State of California, apply.
2. In a camp, park or labor camp, regulated by a governmental agency.
3. When stored for sales or display purposes and not otherwise used or
occupied.
4. When temporarily used by a caretaker on a construction project.
i 5. When stored and not used for living or sleeping purposes. `
Section 6903. Permit Required. A trailer coach shall not be used, maintained or
occupied contrary to the provisions of this Chapter and the applicable state laws
and regulations. Before using a trailer coach for living or sleeping purposes a
person shall first obtain a permit to do so from the Building Official. If the time
during which a trailer coach may be so used is limited by the provisions of City of
Rosemead Zoning Ordinance, the permit hereunder shall also be so limited.
Otherwise the permit is valid until revoked.
Section 6904. Application and Fee Required. To obtain such a permit an
application in writing shall be filed with the Building Official accompanied by a fee
as required by Section 303. This fee shall be the permit fee if the permit can
legally be issued and which shall otherwise be retained by the Department to cover
i the cost of investigation and inspection. The application shall:
1. Describe the property on which the trailer coach is or will be during the
period of such use.
2. Give a legal description of such property.
3. Give the date on which such use will begin.
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4. State that (a) any sanitary facilities of the trailer coach will be sealed so that
they cannot be used on the property or (b) the sewage disposal system for
the trailer coach will comply with the Plumbing Code and other local and
state regulations governing plumbing for trailers.
5. Include the current state license number.
6. Give other information as the Building Official may require.
EXCEPTION: An application for a trailer coach on premises on which has
existed a residence damaged or destroyed due to a major
disaster within the previous six months shall be exempt from the
required fee.
Section 6905. Conditions of Permit. Permits required by Section 6903 shall be
subject to the following conditions:
1. Such use will not violate any law, statute, of this or any other ordinance.
2. The trailer coach has a current valid state vehicle license.
3. The trailer coach is the only occupied trailer coach on the premises.
0 4. The trailer coach is, or will be, maintained in a sanitary and safe manner,
and is not a nuisance.
5. The trailer coach is maintained in such a condition that if it were located in
a mobile home park it would comply with all of the provisions of Part 2.1
(beginning with Section 18200) of Division 13 of the Health and Safety
Code.
6. There are no fixed appurtenances, such as porches, pipes, drains, rooms,
and similar mechanical or structural extensions.
7. There are no permanent connections of plumbing, gas, electricity or water.
Approved metal tubing may be used for water and gas connections.
401 8. There are not any connections, additions or changes which render the
trailer coach no longer mobile without alteration, demolition or mechanical
work.
9. The occupant of the trailer coach files with the Building Official written
permission of the owner or tenant of adequate toilet and sanitary facilities
located within 200 feet of such trailer coach, to use at all times during the
day and night for the life of the permit, such toilet and sanitary facilities.
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Section 6906. Revocation of Permits. The Building Official may, in the exercise of
reasonable discretion, revoke any permit issued pursuant to this Chapter if, after
due investigation, and after a hearing, not less than five days written notice of
which is given to the permittee, the Building Official determines that the holder
thereof has violated any of the provisions of this Chapter or any other ordinance.
Written notice of such revocation shall be posted on the trailer coach or personally
delivered, if the person to whom the permit was issued is on the property.
Section 6907. Other Permits Required. Permits issued under the provisions of this
Chapter convey no right to erect any building or do any plumbing work or do any
electrical work. Regular building, plumbing, electrical and other permits shall be
secured for all such work.
Section 6908. Validity of Permit. A permit issued pursuant to this Chapter gives
no person a vested right to continue to use a trailer coach. The Board of
Supervisors reserves the right at any time to enact any ordinance prohibiting any
use of trailer coaches which the Board of Supervisors finds will be detrimental to
the public peace, health, safety or general welfare, and every person obtaining a
permit pursuant to this Chapter take such permit upon such understanding.
(z) Excavation and Grading. Notwithstanding the provisions of Section 8100,
the building code is amended by adding Chapter 70 to read as follows:
• CHAPTER 70
EXCAVATION AND GRADING
Section 7001. Scope. This Chapter sets forth regulations for the control of
excavation, grading and earthwork construction, including fills or embankments.
These regulations establish minimum standards and are not intended to prevent
the use of alternate materials, methods or means of conforming to such standards,
provided such alternate has been approved.
The Building official shall approve such an alternate provided he or she finds that
the alternate is for the purpose intended, at least the equivalent of that prescribed
in this Code in quality, strength, effectiveness, durability and safety.
The Building official shall require that sufficient evidence or proof be submitted to
substantiate any claims regarding the alternate.
Section 7002. Definitions. For the purpose of this Chapter certain terms are
defined as follows:
Approval shall mean the proposed work or completed work conforms to this
Code in the opinion of the Building Official.
As-Graded is the extent of surface conditions on completion of grading.
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• Bedrock is the relatively solid, undisturbed rock in place either at the ground
surface or beneath superficial deposits of gravel, and/or soil.
• Bench is a relatively level step excavated into firm earth material on which
fill is to be placed.
• Borrow is earth material acquired from an off-site location for use in grading
on a site.
• Civil Engineer shall mean a professional engineer in the branch of civil
engineering holding a valid certificate of registration issued by the State of
California.
• Design Engineer shall mean the civil engineer responsible for the
preparation of the plans for the grading work.
• Earth Material is any rock, natural soil or fill or any combination thereof.
• Engineering Geologist. See "geologist."
• Engineering Geology is the application of geologic knowledge and principles
in the investigation and evaluation of naturally occurring rock and soil for
use in the design of civil works.
• • Erosion is the wearing away of the ground surface -as -a result of the
movement of wind, water and/or ice.
• Excavation is the mechanical removal of earth material.
• Field Engineer shall mean the civil engineer responsible for performing the
functions as set forth in Section 7019.
• Fill shall mean deposits of soil, rock or other similar irreducible materials
placed by humans.
• Geologist shall mean a person holding a valid certificate of registration as
a geologist in the specialty of engineering geology issued by the State of
California under provisions of the Geologist and Geophysicist Act of the
Business and Professions Code.
• Grade is the vertical location of the ground surface.
• Existing Grade is the grade prior to grading.
• Finish Grade is the final grade of the site which conforms to the approved
plan.
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• Grading shall mean any excavation or fill or combination thereof.
• Key is a designed compacted fill placed in a trench excavated in earth
material beneath the toe of the proposed fill slope.
• Landscape Architect shall mean a person who holds a certificate to practice
landscape architecture in the State of California under the landscape
architecture provisions of Division 3, Chapter 3.5 of the Business and
Professions Code.
• Line shall refer to horizontal location of the ground surface.
• Natural Grade is the vertical location of the ground surface prior to any
excavation or fill.
• Rough Grade is the elevation of the ground surface established by grading
that approximates the final elevation shown on the approved design.
• Site is any lot or parcel of land or contiguous combination thereof, under
the same ownership, where grading is proposed or performed.
• Slope is an inclined ground surface, the inclination of which is expressed as
a ratio of horizontal distance to vertical distance.
• Soils Engineer is a civil engineer experienced in soil mechanics who
investigates and reports on the stability of existing or proposed slopes,
controls the installation and compaction of fills, recommends soil bearing
values and provides design criteria and calculations for special earth
structures such as buttress fills. It is not the intent of this definition nor this
Chapter to require that the civil engineer be authorized by the State to use
the title "soils engineer."
Surface Drainage shall refer to flows over the ground surface.
Soil Testing Agency is an agency regularly engaged in the testing of soils
and rock under the direction of a civil engineer experienced in soil testing.
• Terrace is a relatively level step constructed in the face of a graded slope
• surface for drainage and maintenance purposes.
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Section 7003. Grading Permits.
7003.1 Permits Required. A person shall not perform any grading without first
obtaining grading permits to do so from the Building Official. A separate permit
shall be obtained for each site.
EXCEPTION: A grading permit shall not be required for:
An excavation which is less than 3 feet in depth below the
existing ground surface, measured vertically downward
from natural grade to the deepest point of the excavation.
2. A fill not intended to support structures and which does
not obstruct a drainage course if such fill (a) is placed on
natural grade that has a slope not steeper than five
horizontal to one vertical and is less than 1 foot deep, or
(b) is less than 3 feet in depth at its deepest point,
measured vertically upward from natural grade to the
surface of the fill, and does not exceed 50 cubic yards, or
(c) does not exceed 20 cubic yards on any one lot.
3. An excavation below finish grade for basements and
footings of structures authorized by a valid building
• permit, or trench excavations for the purpose of installing
underground utilities.
4. Grading within property dedicated or used for cemetery
purposes where such grading is more than 100 feet from
the property line and is not intended to support
structures. No permit shall be required for the excavation
or filling of graves at any location within such property.
5. Mining, quarrying, excavating, processing, stockpiling of
rock, sand, gravel aggregate or clay, where established
and provided for by law, provided that such operations do
not affect the lateral support or increase the stresses in,
or pressure upon, any adjacent or contiguous property.
• 6. Grading in an isolated, self-contained area if the Building
Official finds that no danger to private or public property
can now or hereafter result from the grading operations.
The depositing of rubbish or other material at any
refuse-disposal facility operated under a permit granted
according to the terms of Division 4, entitled "Solid
Waste", of Title 20 of the Los Angeles County Code.
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8. An excavation or fill in connection with the making of an
earth fill dam, reservoir or levee when the quality of such
work is regulated by other laws, statutes or ordinances.
9. An excavation, fill, and/or measures approved by the Soil
Conservation District or cooperative agency of the
Department of Agriculture.
10. An excavation or fill for road or slope purposes and
shown on plans that are approved by the Department of
Public Works as being necessary for the support,
construction or maintenance of a public road.
11. Exploratory excavations under the direction of soils
engineers or engineering geologists.
12. Grading for an oil and/or gas drilling site which is located
in an existing oil field as designated by the State Division
of Oil and Gas and is 1,000 feet from a public highway
and 500 feet from the nearest residence. The proposed
grading must not result in the deposition of silt and debris
onto downstream property.
• 7003.3 Availability of Permit at Site. No person shall perform any grading for which
a permit is required under this Chapter unless a copy of the grading permit is in
the possession of a responsible person and available at the site.
Section 7004. Application to Existing Grading.
7004.1 Hazardous Conditions. Whenever the Building Official determines that any
existing excavation, embankment or fill has become a hazard to life and limb, or
endangers structures, or adversely affects the safety, use or stability of a public
way or drainage channel, the owner of the property upon which the excavation,
embankment or fill is located, or other person or agent in control of said property,
upon receipt of notice in writing from the Building Official shall, within the period
specified therein, repair, reconstruct or remove such excavation, embankment or
fill so as to eliminate the hazard.
• 7004.2 Maintenance of Protective Devices and Rodent. Control. The owner of
any property on which grading has been performed pursuant to a permit issued
under the provisions of this Code, or any other person or agent in control of such
property, shall maintain in good condition and repair all drainage structures and
other protective devices and burrowing rodent control when shown on the grading
plans filed with the application for grading permit and approved as a condition
precedent to the issuance of such permit.
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7004.3 Correlation with Other Sections. The provisions of this section are
independent of the provisions of Chapter 99 of this Code relating to building and
property rehabilitation. This section may be invoked even though the same facts
have been the reason for a determination that there is substandard property
subject to the provisions of Chapter 99.
Section 7005. Grading Permit Requirements.
7005.1 Application. To obtain a grading permit, the applicant shall first file an
application in writing on a form furnished for that purpose. Every such application
shall:
Describe the land on which the proposed work is to be performed by lot,
block, tract, and by a street address or by similar description sufficient to
readily identify and definitely locate the site.
2. State the name and address of the owner of said land, the person who is
to perform the work, and the field engineer if such work is to be performed
as engineered grading.
3. Be accompanied by plans, specifications and calculations as may be
required by Subsection (b) of this section.
• 4. State the volume of the material to be handled.
5. Be signed by the applicant or an authorized agent, who may be required to
submit evidence of such authority.
6. Give such other information as reasonably may be required by the Building
Official.
7005.2 Plans and Specifications. With each application for a grading permit and
when required by the Building Official for enforcement of any provisions of this
Code, three sets of plans and specifications shall be submitted. Except as waived
by the Building Official for small and unimportant work, the plans shall be prepared
and signed by a civil engineer and shall show the following:
1. A vicinity sketch or other means of adequately indicating the site location.
• 2. Boundary lines of the property on which the work is to be performed.
3. Each lot or parcel of land into which the site is proposed to be divided.
4. All of the proposed uses of the site and, if the site is to be divided, the
proposed use of each lot or parcel of land.
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5. Location of any existing buildings or structures on the property where the
work is to be performed, and the location of any buildings or structures one
adjacent land which are within 15 feet of the property line.
6. Accurate contours showing the topography of the existing ground.
7. Elevations, location, extend and slope of all proposed grading shown by
contours, cross sections or other means and location of any rock disposal
area buttress fills or other special features, if such are proposed to be
included in the work.
8. A statement of the quantities of material to be excavated and/or filled and
the amount of such material to be imported to, or exported from the site.
9. A statement of the estimated starting and completion dates for work
covered by the permit.
10. A statement signed by the owner acknowledging that a field engineer,
geotechnical engineer and engineering geologist, when appropriate, will be
employed to perform the services required by this Code, whenever approval
of the plans and issuance of the permit are to be based on the condition
that such professional persons be so employed. These acknowledgments
shall be on a form furnished by the Building Official.
• 11. The recommendations in the soil engineering and engineering geology
reports shall be incorporated in the grading plans.
12. Detailed plans of all drainage devices, walls, cribbing or other protective
devices to be constructed in connection with, or as a part of, the proposed
work, together with a map showing the drainage area and estimated runoff
of the area served by any drains. Suitable access shall be provided to
permit proper cleaning and maintenance.
14. Any additional plans, drawings or calculations deemed necessary by the
Building Official to show conformance of the proposed work with the
requirements of this Code or related ordinances.
15. A drainage plan for that portion of a lot or parcel to be utilized as a building
• site (building pad), including elevations of floors with respect to finish site
grade and locations of proposed stoops, slabs and fences that may affect
drainage.
16. The dates of the soils engineering and/or engineering geology
(geotechnical) reports together with the names, addresses and telephone
numbers of the firms or individuals who are in responsible charge of
preparing the reports.
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7005.3 Fees. Grading permit and plan-checking fees shall be as specified in
Chapter 1 of this Code.
7005.4 Engineering Geological Reports. The Building Official may require an
engineering geological investigation and report, based on the most recent grading
plan. The engineering geological report shall include an adequate description of
the geology of the site and conclusions and recommendations regarding the effect
of geologic conditions on the proposed development.
7005.5 Soil Reports. The Building Official, may require a soils investigation and
report based on the most recent grading plan. Such reports shall include data
regarding the nature, distribution and strength of existing soils; recommendations
for grading procedures and design criteria for corrective measures, if required.
7005.6 Review of Reports. All reports shall conform with the requirements of
Chapter 3 of this Code and shall be subject to review by the Building Official.
Supplemental reports and data may be required as the Building Official may deem
necessary. Recommendations included in the reports and approved by the
Building Official shall be incorporated in the grading plan or specifications.
7005.7 Preplan Check Site Inspection. When the Building Official finds that a
visual inspection of the site is necessary to establish drainage requirements for the
protection of property, existing buildings or the proposed construction, a site
inspection shall be made prior to plan check of grading plans. The fee for such
inspection shall be as set forth in Section 107.9.
7005.8 Landscape Permits. Whenever a landscape permit is required as part of
a grading project, the grading, irrigation and landscape plans shall be coordinated
between the design engineer and landscape architect. The landscape plans shall
be based on the most recent grading plan. Should there be any final elevation
differences between the two plans, the elevations shown on the grading plans shall
govern.
Section 7006. Permit Limitations and Conditions.
7006.1 General Conditions. The issuance of a grading permit shall constitute an
authorization to do only that work which is described or illustrated on the
application for the permit, or on the grading plans and specifications approved by
the Building Official.
7006.2 Jurisdictions of Other Agencies. Permits issued under the provisions of
this Code shall not relieve the owner of the responsibility for securing permits or
licenses that may be required from other departments or divisions of the governing
agencies.
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7006.3 Conditions of Approval. In granting any permit under this Code, the
Building Official may attach such conditions as may be reasonably necessary to
prevent creation of a nuisance or hazard to public or private property. Such
conditions may include, but shall not be limited to:
Improvement of any existing grading to bring it up to the standards of this
Code.
2. Requirements for fencing of excavations or fills which would otherwise be
hazardous.
7006.4 Modification of Approved Plans. Any modifications of or changes in the
approved grading plans must be approved by the Building Official. Modifications
which affect basic tract design or land use must have the approval of the
appropriate control agency.
7006.5 Special Permit. Agricultural or Road Grading. Where the grading
proposed is solely for the purpose of preparing land for agricultural purposes or
for the construction of a roadway to be used as access for maintaining the use of
the land at the time of the permit, the Building Official may issue a special permit
therefor and modify the requirements of this Chapter when he or she finds:
1. The site of the proposed work has an area of not less than 10 acres.
2. The work will be reasonably safe for the intended use and will not result in
a hazard to adjoining property or existing structures.
3. Adequate provision will be made for drainage and erosion control.
Section 7007. Denial of Permit.
7007.1 Hazards. The Building Official shall not issue a grading permit in any case
where he or she finds that the work, as proposed by the applicant, is likely to
adversely affect the stability of adjoining property or result in the deposition of
debris on any public way or interfere with any existing drainage course or be in an
area determined to be subject to geological hazard under the provisions of
Chapter 3.
01 If it can be shown to the satisfaction of the Building Official that the hazard can be
essentially eliminated by the construction of retaining structures, 'buttress fills,
drainage devices or by other means, the Building Official may issue the permit with
the condition that such work be performed.
7007.2 Land Use. The Building Official shall not issue a grading permit for work
on a site unless the proposed uses shown on the grading plan for the site will
comply with the provisions of the City of Rosemead Zoning Ordinance.
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Section 7008. Security.
7008.1 Security Required. A permit shall not be issued for grading involving more
than 1,000 cubic yards unless the owner shall first post with the Building Official
security in one of the following forms:
A bond furnished by a corporate surety authorized to do business in this
state.
2. A cash bond.
3. Savings and loan certificates or shares deposited and assigned to the City
of Rosemead.
4. An instrument of credit from a financial institution subject to regulation by
the State or Federal government and pledging that the funds necessary to
carry out the grading are on deposit and guaranteed for payment, or a letter
of credit issued by such a financial institution.
Where unusual conditions or special hazards exist, the Building Official may require
security for grading involving less than 1,000 cubic yards. Security required by this
section may include incidental off-site grading on property contiguous with the site
to be developed, provided written consent of the owner of such contiguous
• property is filed with the Building Official;
The Building Official may waive the requirements for a security for:
Grading being done in or for a governmental agency.
2. Subsection not used.
3. Grading on a site, not exceeding a slope of three horizontal to one vertical,
provided such grading will not affect drainage from or to adjacent
properties.
Filling of holes or depressions, provided such grading will not affect the
drainage from or to adjacent properties.
0
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7008.2 Amount of Security. The amount of security shall be based on the number
of cubic yards of material in either excavation or fill, whichever is greater, plus the
cost of all drainage or other protective devices or work necessary to eliminate
geological hazards. That portion of the security valuation based on the volume of
material in either excavation or fill shall be computed as set forth in the following
table:
100,000 cubic yards
(75,000M3) or less
50 percent of the estimated cost of
grading work.
Over 100,000 cubic
50 percent of the cost of the first
yards (75,000m3)
100,000 cubic yards (75,000m3) plus
25 percent of the estimated cost of
that portion in excess of 100,000
cubic yards (75,000m3
When the rough grading has been completed in conformance with the
requirements of this Code, the Building Official may at his or her discretion consent
to a proportionate reduction of the security to an amount estimated to be adequate
to ensure completion of the grading work, site development or planting remaining
to be performed. The costs referred to in this section shall be as estimated by the
Building Official.
• 7008.3 Conditions. All security shall include the conditions that the principal shall:
Comply with all of the provisions of the Code, applicable laws, and
ordinances;
2. Comply with all of the terms and conditions of the grading permit;
3. Complete all of the work authorized by the permit.
7008.4 Term of Security. The term of each security shall begin upon the filing
thereof with the Building Official and the security shall remain in effect until the
work authorized by the grading permit is completed and approved by the Building
Official.
• 7008.5 Default Procedures. In the event the owner or the owner's agent shall fail
to complete the work or fail to comply with all terms and conditions of the grading
permit, it shall be deemed a default has occurred. The Building Official shall give
notice thereof to the principal and security or financial institution on the grading
permit security, or to the owner in the case of a cash deposit or assignment, and
may order the work required to complete the grading in conformance with the
requirements of this Code be performed. The surety or financial institution
executing the security shall continue to be firmly bound under an obligation up to
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the full amount of the security, for the payment of all necessary costs and
expenses that may be incurred by the Building Official in causing any and all such
required work to be done. In the case of a cash deposit or assignment, the
unused portion of such deposit or funds assigned shall be returned or reassigned
to the person making said deposit or assignment.
7008.6 Right of Entry. The Building Official or the authorized representative of the
surety company or financial institution shall have access to the premises described
in the permit for the purpose of inspecting the work.
In the event of default in the performance of any term or condition of the permit,
the surety or financial institution or the Building Official, or any person employed
or engaged in the behalf of any of these parties, shall have the right to go upon
the premises to perform the required work.
The owner or any other person who interferes with or obstructs the ingress to or
egress from any such premises, of any authorized representative of the surety or
financial institution or of the City of Rosemead engaged in the correction or
completion of the work for which a grading permit has been issued, after a default
has occurred in the performance of the terms or conditions thereof, is guilty of a
misdemeanor.
Section 7009. Safety Precautions. If at any stage of the work the Building Official
determines by inspection that further grading as authorized is likely to endanger
any public or private property or result in the deposition of debris on any public
way or interfere with any existing drainage course, the Building Official may order
the work stopped by notice in writing served on any persons engaged in doing or
causing such work to be done, and any such person shall forthwith stop such
work. The Building Official may authorize the work to proceed if the Building
Official finds adequate safety precautions can be taken or corrective measures
incorporated in the work to avoid likelihood of such danger, deposition or
interference.
If the grading work as done has created or resulted in a hazardous condition, the
Building Official shall give written notice requiring correction thereof as specified in
Section 7004 of this Code.
• If the Building Official finds any existing conditions not as stated in the grading
permit or not as shown on the grading plan, the Building Official may order the
work stopped until a revised grading plan has been submitted and approved which
includes provisions for such existing conditions.
Section 7010. Storm Damage Precautions (Erosion Control). No grading permit
shall be issued for work to be commenced between October 1 of any year and
April 15 of the following calendar year, unless the plans for such work include
details of protective measures, including desilting basins or other temporary
drainage or control measures, or both, as may be necessary to protect adjoining
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public and private property from damage by erosion, flooding or the deposition of
mud or debris which may originate from the site or result from such grading
operations.
If grading has been started prior to November 1, all protective measures shall be
installed prior to November 1. If grading is started on or after November 1, all
protective measures shall be installed before grading begins. As grading
progresses, all protective measures shall be maintained in good,working order to
the satisfaction of the Building Official until April 15 of the following year, unless
final grading approval has been granted by the Building Official prior to that date
and all permanent drainage and erosion control systems, if required, are in place.
Section 7011. Storm Damage Precautions, Incomplete Work. Where a grading
permit is issued and the work is commenced after April 15 and before October 1
of any year and the plans for such work do not include details of the protective
measures described in Section 7010, and it appears that the grading and
installation of the permanent drainage devices as authorized by the permit will not
be completed prior to November 1, then on or before October I the owner of the
site on which the grading is being performed shall file or cause to be filed with the
Building Official revised plans which include details of the protective measures
described in and in all other respects follow the provisions of Section 7010.
The revised plans required by this Section shall be accompanied by an application
for plan checking services and plan-checking fees equal in amount to 10 percent
of the original grading permit fee.
Section 7012. Storm Damage Precautions (Erosion Control), Effect of
Noncompliance. Should the owner fail to submit the plans or fail to provide the
protective measures required by Section 7010 or 7011 by the dates specified
therein, it shall be deemed that a default has occurred under the conditions of the
grading permit security. Thereupon, the Building Official may enter the property
for the purpose of installing, by County forces or by other means, the drainage and
erosion control devices shown on the approved plans, or if there are no approved
plans, as the Building Official may deem necessary to protect adjoining property
from storm damage, or the Building Official may cause the owner of the site to be
prosecuted as a violator of this Code, or the Building Official may take both
actions. The Building Official shall have the authority to collect the penalties
imposed by Section 7012 upon determining that the requirements of this section
have not been complied with. Payment of penalty shall not relieve any persons
from fully complying with the requirements of this Code in the execution of the
work.
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In addition to the above actions, the following penalties shall be imposed:
If a designed erosion control plan is not submitted as prescribed in Section
7011:
Grading Permit Volume
Penalty
1-10,000 cubic yards (1-7,500 m3)
$ 50.00 per day
10,001 - 100,000 cubic yards (7,500 to-75,000m3)
$250.00 per day
More than 100,000 cubic yards (75,000m3)
$500.00 per day
2. If protective devices for erosion control are not installed as prescribed in
Section 7010 and approved by the Building Official:
Grading Permit Volume
Penalty
1-10,000 cubic yards (1-7,500 m3)
$100.00 per day
10,001 - 100,000 cubic yards (7,500-75,000m3)
$250.00 per day
More than 100,000 cubic yards (75'000m3)
$500.00 per day
NOTE: See Section 108.6 for inspection request requirements.
7012.1 Costs and Penalties. The penalties imposed by Section 7012 and the
applicable processing costs as set forth in Table 99-A, if not paid within 30 days
from the date of the notice, shall become a special assessment against the
property.
7012.2 Notice of Violation.
7012.2.1 General. The Building Official may record a notice of violation with the
County Recorder's Office when a property is in violation of Section
7010 of this Code. Recordation of such notice shall be subject to the
provisions of Subsections 7012.2.2 and 7012.2.3 of this section. The
remedy provided by this section is cumulative to any other
enforcement action permitted by this Code.
7012.2.2 Recordation. If (1) the Building Official determines that any property
is in violation of Section 7010 of this Code; and if (2) the Building
Official gives written notice as specified below of said violation; and if
(3) within 30 days of said notice, the property is not brought into
compliance with this Code, the Building Official may, in his sole
discretion, at any time thereafter, record with the County Recorder's
Office a notice that the property is in violation of this Code.
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7012.2.3 Contents of Notice. The written notice given pursuant to this section
shall indicate:
The nature of the violation(s); and
2. That if the violation is not remedied to the satisfaction of the
Building Official within 30 days, the Building Official may, at any
time thereafter, record with the County Recorder's Office a notice
that the property is in violation of this Code.
The notice shall be posted on the property and shall be mailed to the
owner of the property as indicated on the last equalized County
assessment roll. The mailed notice may be registered, certified or first
class mail.
The 30-day period for achieving compliance with this Code shall run
from the date the property is posted or from the date of the mailing of
the notice, whichever is later.
7012.2.4 Rescission. Any person who desires to have recorded a notice
rescinding the notice of violation may present evidence of compliance
and payment of penalty fees and costs to the Building Official. The
costs incurred by the Building Official in the investigation of such
• violations and the processing of the notice and notification of
concerned parties shall be as specified in Table 99-A, and inspection
costs as specified in Section 107.9. If the Building Official determines
that such fees have been paid and such costs have been recovered
by the County, or that such fees and costs have been placed on the
tax rolls as a special assessment pursuant to Section 25845 of the
Government Code, the Building Official shall record a notice rescinding
the prior notice of violation.
Section 7013. Responsibility of Permittee.
7013.1 Compliance with Plans and Code. The permittee or the permittee's agent
shall carry out the proposed work in accordance with the approved plans and
specifications and in compliance with all the requirements of this Code.
• 7013.2 Coordinator. The permittee shall act as the coordinator between the
consultants, contractor and Building Official.
The permittee shall present to the Building Official the names of all consultants
prior to obtaining a grading permit. In the event of changed conditions, the
permittee shall be responsible for informing the Building Official of such change
and shall provide revised plans and reports for approval. All slope planting shall
also be subject to the requirements of Chapter 71. If a landscape permit is not
required, the slope planting shall be a part of the grading permit. If the slope
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planting is within an area in which a landscape permit is required under Chapter
71, all slope planting shall also meet the requirements in this Chapter and shall be
a part of the landscape permit.
7013.3 Inspections. It shall be the responsibility of the permittee to notify the
Building Official when the work is ready for the inspections required by Section
7020. The notification shall be at least one working day in advance of the
inspection.
7013.4 Protection of Utilities. The permittee shall be responsible for the prevention
of damage to any public utilities or services.
7013.5 Protection of Adjacent Property. The permittee is responsible for the
prevention of damage to adjacent property and no person shall excavate on land
sufficiently close to the property line to endanger any adjoining public street,
sidewalk, alley, or other public or private property without supporting and
protecting such property from settling, cracking or other damage which might
result.
7013.6 Temporary Erosion Control. The permittee shall put into effect and
maintain all precautionary measures necessary to protect adjacent water courses
and public or private property from damage by erosion, flooding and deposition
of mud or debris originating from the site.
• 7013.7 Termination of Consultants. The permittee shall notify the Building Official
within 48 hours if any consultant resigns or is terminated.
Section 7014. Import and Export of Earth Materials.
7014.1 In addition to other provisions of this Code, the following requirements
shall apply when earth materials in excess of 10,000 cubic yards are to be
exported from or imported to a grading site by transporting such materials over a
publicly maintained street
1. The point or points of access to the public street or streets for export or
import shall be shown on the grading plan and shall be located as
approved by the Road Commissioner and the Director of Planning.
2. Special safety precautions equivalent to the following standards shall be
provided where the egress (outhaul) road connects with the public street.
a. he last 50 feet of the outhaul road immediately adjoining the street if
downgrade to the street shall have a grade no steeper than 3 percent.
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b. An unobstructed sight distance of not less than 300 feet in each
direction up and down the public street shall be provided at the point
of egress. Such sight distance shall be measured from a point 8 feet
above grade in the outhaul road; said point being 10 feet outside the
edge of the street pavement or, if no pavement, 10 feet outside the
edge of the normally traveled portion of the public street.
3. Traffic control devices shall be provided and maintained at the connection
of the ingress and egress roads with the public way as may be required by
the Road Commissioner.
7014.2 Planning and Zoning Compliance. No grading permit shall be issued for
the import or export of more than 10,000 cubic yards of earth material to or from
a grading site where such work would be classified as an "off-site transport grading
project" as defined in the City of Rosemead Zoning Ordinance.
Section 7015. Excavations.
7015.1 Maximum Slope. Cuts shall not be steeper in slope than two horizontal
to one vertical unless the owner furnishes a geotechnical engineering or an
engineering geology report, or both, conforming with the requirements of Section
111, stating that the site has been investigated and giving an opinion that a cut at
• a steeper slope will be stable and not create a hazard to public or private property.
Substantiating calculations and supporting data may be required where the
Building Official determines that such information is necessary to verify the stability
and safety of the proposed slope. The Building Official may require the excavation
to be made with a cut face flatter in slope than one and one-half horizontal to one
vertical if the Building Official finds it necessary for stability and safety.
7015.2 Drainage. Drainage, including drainage terraces and overflow protection,
shall be provided as required by Section 7018.
Section 7016. Fills.
7016.1 Compaction. Fill shall be compacted throughout their full extent to a
minimum of 90 percent of maximum density as determined by ASTM Soil
Compaction Test D 1557-78 Method "D," where applicable; where not applicable
a test acceptable to the Building Official shall be used. Field density shall be
determined by a method acceptable to the Building Official.
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Fill slopes steeper than two horizontal to one vertical shall be constructed by the
placement of soil a sufficient distance beyond the proposed finish slope to allow
compaction equipment to operate at the outer surface limits of the final slope
surface. The excess fill is to be removed prior to completion or rough grading.
Other construction procedures may be utilized when it is first shown to the
satisfaction of the Building Official that the angle of slope, construction method and
other factors will accomplish the intent of this section.
7016.1.1 Fills not intended to support structures need not be compacted to
these standards if the Building Official determines that such
compaction is unnecessary as a safety measure. In making this
determination, the Building Official may require that an investigation be
made by a soils engineer to establish the characteristics of the soil,
the amount of settlement to be expected and the susceptibility of the
soil to erosion or slippage.
7016.1.2 Slope surfaces may be prepared for planting by scarifying, by the
addition of topsoil, or by other methods, provided such slopes when
so prepared otherwise comply with the requirements of this section.
7016.2 Preparation of Ground. The existing ground surface shall be prepared to
receive fill by removing vegetation, noncomplying fill or other incompetent material.
Where the slope of the existing ground surface is five horizontal to one vertical or
• steeper, the fill shall be supported on level benches cut into competent material.
The bench under the toe of a fill on a slope steeper than five to one shall be at
least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet
overflow or a paved drain shall be provided. When fill is to be placed over a cut
before placing the fill and before acceptance by the geotechnical engineer the
bench under the toe of fill shall be at least 10 feet wide but the cut shall be made
before placing the fill and before acceptance by the geotechnical engineer or
engineering geologist or both as a suitable foundation for fill. Except where
recommended by the geotechnical engineer or geologist as not being necessary,
subdrains shall be provided under all fills placed in natural drainage courses and
in other locations where seepage is evident. Such subdrainage systems shall be
of a material and design approved by the geotechnical engineer and acceptable
to the Building Official. The permittee shall provide continuous inspection during
the process of subdrain installation to conform with approved plans and
geotechnical engineer's recommendation. Such inspection shall be done by the
soil testing agency. Tha location of the subdrains shall be shown on a plan by the
geotechnical engineer.
Excavations for the subdrains shall be inspected by the geologist when such
subdrains are included in the recommendations of the geologist.
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7016.3 Fill Slope. The steepness of fill slopes shall be determined by a soil
engineer who shall submit soil test data and engineering calculations to
substantiate to the satisfaction of the Building Official the stability of the fill slope
and slope surface under conditions of saturation. In the absence of such
determination, no fill slope shall exceed a steepness of two horizontal to one
vertical (2:1).
7016.4 Fill Material. Detrimental amounts of organic material shall not be
permitted in fills. Soil containing small amounts of roots may be allowed providing
that the roots are in a quantity and distributed in a manner that will not be
detrimental to the future use of the site and the use of such material is approved
by the soil engineer.
No rock or similar irreducible materials with a maximum dimension greater than 12
inches shall be buried or placed in fills except as recommended by the soil
engineer, approved by the Building Official and meeting the following requirements:
The oversized material shall be placed 10 feet or more below finish grade.
2. A representative of the soil engineer shall be present while the oversized
material is placed and covered.
3. The reports submitted by the soil engineer shall acknowledge the placement
of the oversized material and whether the work was performed in
accordance with the engineer's recommendations and the approved plans.
4. The location of oversized rock dispersal areas shall be shown on the
as-built plan.
7016.5 Drainage. Drainage, including drainage terraces and overflow protection,
shall be provided as required by Section 7018.
7016.6 Slopes to Receive Fill. Where fill is to be placed above the top of an
existing slope steeper than three horizontal to one vertical, the toe of the fill shall
be set back from the top edge of the slope a minimum distance of 6 feet measured
horizontally or such other distance as may be specifically recommended by a soil
engineer or engineering geologist and approved by the Building Official. Fills shall
not toe out on slopes steeper than two horizontal to one vertical.
7016.7 Inspection of Fill. For engineered grading, the soil engineer shall provide
sufficient inspections during the preparation of the natural ground and the
placement and compaction of the fill to be satisfied that the work is being
performed in accordance with the conditions of plan approval and the appropriate
requirements of this Chapter. In addition to the above, the soil engineer shall be
present during the entire fill placement and compaction of fills that will exceed a
vertical height or depth of 30 feet or result in a slope surface steeper than two
horizontal to one vertical.
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7016.8 Testing of Fills. Sufficient tests of the fill soils shall be made to determine
the density thereof and to verify compliance of the soil properties with the design
requirements, including soil types and shear strengths in accordance with the
standards established by the Building Official.
The results of such testing shall be included in the reports required by this
Chapter.
Section 7017. Slope Setbacks.
7017.1 General. Cut and fill slopes shall be set back from site boundaries in
accordance with this section. Setback dimensions shall be horizontal distances
measured perpendicular to the site boundary. The grading design must be such
that the property line between adjacent lots will be at the apex of the berm at the
top of the slope. Property lines between adjacent lots cannot be located on a
graded slope equal to 5 horizontal to 1 vertical or steeper. For the placement of
buildings, structures or pools or on adjacent to slopes, see Section 1806.4 entitled
"Foundations on or Adjacent to Slopes."
7017.2 Top of Cut Slope. The top of cut slopes shall not be made nearer to a site
boundary line than one fifth of the height of cut with a minimum of 2 feet and a
maximum of 10 feet. The setback may need to be increased for any required
intercepter drains.
• 7017.3 Toe of Fill Slope. The toe of a fill slope shall not be made nearer to the
site boundary line than one half the height of the slope with a minimum of 2 feet
and a maximum of 20 feet. Where a fill slope is to be located near the site
boundary and the adjacent offsite property is developed to such grading, special
precautions shall be incorporated in the work as the Building Official deems
necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include, but are not limited to:
Additional setbacks.
2. Provision for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to minimize
• erosion.
4. Provisions for the control of surface waters.
7017.4 Modification of Slope Location. The setback and other restrictions
imposed by this section may be increased where unusual soil or geologic
conditions make such increase necessary for safety or stability or may be modified
upon investigation and recommendation by a soil engineer or geologist where such
modification will provide equivalent safety, stability and protection, and the Building
Official so finds.
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Section 7018. Drainage.
7018.1 General. The drainage structures and devices required by this Chapter
shall conform to the provisions of this section as well as recognized principles of
hydraulics.
7018.2 Disposal. Drainage facilities shall be designed to carry surface waters to
the nearest practical street, storm drain, or natural watercourse approved by the
Building Official or other appropriate governmental agency as a safe place to
deposit such waters. If the drainage device discharges onto natural ground, riprap
or a similar energy dissipator may be required.
7018.3 Site Drainage. Graded building sites (building pads) shall have a minimum
slope of 2 percent toward a public street or drainage structure approved to receive
storm waters. A lesser slope may be approved by the Building Official for sites
graded in relatively flat terrain, or where special drainage provisions are made,
when the Building Official finds such modification will not result in unfavorable
drainage conditions.
The grading shall provide for drainage around proposed buildings and their
appurtenances.
7018.4 Drainage Terraces Required. The requirements for drainage terraces shall
apply to all cut or fill slopes steeper than three horizontal to one vertical. For
slopes not steeper than three horizontal to one vertical, the Building Official may
require a drainage and terrace design to be submitted. Suitable access to permit
proper cleaning and maintenance shall be provided for all drainage terraces. Cut
or fill slopes more than 30 feet in height shall have drainage terraces provided at
vertical intervals not exceeding 25 feet except that where only one terrace is
required, it shall be at midheight. Such terraces shall not be less than 8 feet in
width (measured horizontally from the outside edge). When the total slope height
exceeds 100 feet, one terrace near midheight shall not be less than 20 feet in width
(measured horizontally from the outside edge). In lieu of the above, for cut and
fill slopes greater than 120 feet in height, the applicant may submit a drainage and
terrace design by a civil engineer to be approved by the Building Official.
7018.5 Drainage Terraces Construction. Drainage terraces shall have a longitudinal
• grade of not less than 5 percent nor more than 12 percent and a minimum depth
of 1 foot at the flow line. There shall be no reduction in grade along the direction
of flow unless the velocity of flow is such that slope debris will remain in
suspension on the reduced grade. Such terraces shall be paved with concrete not
less than 3 inches thick reinforced with 6-inch by 6-inch No. 10 by No. 10 welded
wire fabric or equivalent reinforcing centered in the concrete slab. Drainage
terraces exceeding 8 feet in width need only be so paved for a width of 8 feet
provided such pavement provides a paved channel at least 1 foot in depth.
Downdrains or drainage outlets shall be provided at approximately 300-foot
intervals along the drainage terrace or at equivalent locations. Downdrains and
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drainage outlets shall be of approved materials and of adequate capacity to convey
the intercepted waters to the point of disposal as defined in Subsection (b) of this
section.
7018.6 Overflow Protection. Berms, swales or other devices shall be provided at
the top of cut or fill slopes to prevent surface waters from overflowing onto and
damaging the face of the slope. Gutters or other special drainage controls shall
be provided where the proximity of runoff from buildings or other structures is such
as to pose a potential hazard to slope integrity.
Swales used for slope protection shall conform with Subsection (h). Berms used
for slope protection shall not be less than 12 inches above the level of the pad and
shall slope back at least 4 feet from the top of the slope.
7018.7 Subsurface Drainage. Cut and fill slopes shall be provided with subsurface
drainage as necessary for stability.
7018.8 Interceptor Drains. Paved interceptor drains shall be installed along the
top of all cut slopes where the height of the cut is greater than 5 feet measured
vertically. Interceptor drains shall be paved with a minimum of 3 inches of
concrete or gunite and reinforced as required for drainage terraces. They shall
have a minimum depth of 12 inches and a minimum paved width of 30 inches
measured horizontally across the drain. The slope of the drain shall be approved
by the Building Official.
Section 7019. Erosion Control.
7019.1 Slopes. The faces of cut and fill slopes shall be prepared and maintained
to control erosion. This control must consist of effective planting as described
elsewhere in this section, or other devices satisfactory to the Building Official.
All slope planting shall also be subject to the requirements of Chapter 71. If a
landscape permit is not required, the slope planting shall be a part of the grading
permit. If the slope planting is within an area in which a landscape permit is
required under Chapter 71, all slope planting shall also meet the requirements in
this Chapter and shall be a part of the landscape permit.
• 7019.2 Planting. The surface of all cut slopes more than 5 feet in height and fill
slopes more than 3 feet in height shall be protected against damage by erosion
by planting with grass or ground cover plants. Slopes exceeding 15 feet in vertical
height shall also be planted with shrubs, spaced at not to exceed 10 feet on
centers; or trees, spaced at not to exceed 20 feet on centers; or a combination of
shrubs and trees at equivalent spacings, in addition to the grass or ground cover
plants. The plants selected and planting methods used shall be suitable for the soil
and climatic conditions of the site and in accordance with standard specifications
on file in the office of the Building Official.
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Planting need not be provided for cut slopes rocky in character and not subject to
damage by erosion and any slopes protected against erosion damage by other
methods when such methods have been specifically recommended by a soil
engineer, engineering geologist, or equivalent authority and found to offer erosion
protection equal to that provided by the planting specified in this section.
Plant material shall be selected which will produce a coverage of permanent
planting effectively controlling erosion. Consideration shall be given to deep-rooted
plant material needing limited watering, to low maintenance during the lifetime of
the project, to high root to shoot ratio (weight of above-ground parts versus root
system), wind susceptibility and fire-retardant characteristics.
7019.3 Irrigation. Slopes required to be planted by Subsection 7019.2 shall be
provided with an approved system of irrigation, designed to cover all portions of
the slope and plans therefor shall be submitted and approved prior to installation.
A functional test of the system may be required.
For slopes less than 20 feet in vertical height, hose bids to permit hand watering
will be acceptable if such hose bibs are installed at conveniently accessible
locations where a hose no longer than 50 feet is necessary for irrigation.
The requirements for permanent irrigation systems may be modified upon specific
recommendation of a landscape architect or equivalent authority that, because of
• the type of plants selected, the planting methods used and the soil and climatic
conditions at the site, an irrigation will not be necessary for the maintenance of the
slope planting.
7019.4 Plans and Specifications. Planting and irrigation plans shall be submitted
for slopes required to be planted and irrigated by Subsections 7019.2 and 7019.3.
Except as waived by the Building Official for minor grading, the plans for slopes 20
feet or more in vertical height shall be prepared and signed by a civil engineer or
landscape architect.
7019.5 Rodent Control. Fill slopes steeper than two horizontal and one vertical
within a grading project located adjacent to undeveloped and unoccupied land
determined by the agricultural commissioner to be infested by burrowing rodents,
shall be protected from potential slope damage by a preventative program of
rodent control.
40 7019.6 Release of Security. The planting and irrigation systems required by this
section shall be installed as soon as practical after rough grading. Prior to final
approval of grading and before the release of the grading security, the planting
shall be well established and growing on the slopes and, where required by
Subsection 7019.5, there shall be evidence of an effective rodent control program.
7019.7 Other Devices. Where necessary, check dams, cribbing, riprap or other
devices or methods shall be employed to control erosion.
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Section 7020. Grading Designation and Inspection.
7020.1 General.Grading involving a fill intended to support structures, or the
development of more than one lot or parcel of land, or in excess of 5,000 cubic
yards of material, or grading where the Building Official determines special
conditions or unusual hazards exist shall conform with Subsection 7020.4, entitled
"Engineered Grading Requirements." Grading other than "engineered grading" shall
be designated "regular grading."
7020.2 Regular Grading Requirements. The grading shall be inspected by the
Building Official as set forth in Subsection 7020.3, "Inspection of Excavation and
Fills."
The Building Official may require inspection and testing by a soil testing agency.
If required, the soil testing agency's responsibility shall include, but need not be
limited to, approval concerning the inspection of cleared areas and benches to
receive fill, and the compaction of fills.
7020.3 Inspection of Excavation and Fills. The Building Official, upon notification
from the permittee or the permittee's agent, shall inspect the grading at the
following stages of the work and shall either approve the portion then completed
or shall notify the permittee or the permittee's agent wherein it fails to comply with
the requirements of this Code.
7020.3.1 Initial. When the site has been cleared of vegetation and unapproved
fill and it has been scarified, benched or otherwise prepared for fiil.
No fill shall have been placed prior to this inspection.
7020.3.2 Rough. When approximate final elevations have been established;
drainage terraces, swales and other drainage devices graded ready
for paving; berms installed at the top of the slopes; and the
statements required by Section 7020 have been received.
7020.3.3 Final. When grading has been completed; all drainage devices
installed; slope planting established, irrigation systems installed; and
the as-graded plans and required statements and reports have been
submitted.
• In addition to the called inspections specified above, the Building Official may make
such other inspections as may be deemed necessary to determine that the work
is being performed in conformance with the requirements of this Code.
Investigations and reports by an approved soil testing agency, soils engineer
and/or engineering geologist may be required.
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7020.4 Engineered Grading Requirements. For engineered grading, it shall be the
responsibility of the persons listed below to perform the designated functions and
provide reports as set forth in Section 7021. These responsibilities and functions
are in addition to those of the Building Official as set forth in Subsection 7020.3:
7020.4.1 Design engineer. The design engineer shall prepare the grading plans
and shall incorporate recommendations from the soil engineering
geology reports on such plans.
7020.4.2 Field engineer. The responsibilities of the field engineer shall include
the establishment and approval of line, grade and surface drainage.
The design engineer and field engineer need not be the same person.
At the completion of the rough grading and final grading, the field
engineer shall submit the statements and reports required by Section
7021.
7020.4.3 Soils engineer. The soils engineer shall provide professional
inspection within such engineer's area of technical specialty, which
shall include observation during grading and testing for required
compaction. The soils engineer shall provide sufficient observation
during the preparation of the natural ground and placement and
compaction of the fill to verify that such work is being performed in
accordance with the conditions of the approved plan and the
• appropriate requirements of this * Code. Revised recommendations
relating to conditions noted during grading and differing from the
approved soils engineering and engineering geology reports shall be
coordinated with the engineering geologist and submitted to the
permittee, the Building Official, the engineering geologist and the field
engineer.
7020.4.4 Engineering geologist. The engineering geologist shall provide
professional inspection within such geologist's area of technical
specialty, which shall include professional inspection of the bedrock
excavation or excavation for subdrains, buttress fills and shear keys
to determine if conditions encountered are in conformance with the
approved report. Revised recommendations relating to conditions
differing from the approved engineering geology report(s) shall be
• submitted to the soils engineer.
7020.4.5 Grading contractor. The grading contractor shall submit the statement
required by Section 7021 at the completion of rough grading.
7020.4.6 Planting and irrigation. When planting and irrigation are required by
Section 7019, the statement required by Section 7021 shall be
submitted prior to the final approval of the grading by the Building
Official.
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Reports that reflect conditions which are not in agreement with the approved
grading plans shall be submitted to the field engineer and the Building Official by
the appropriate consultants.
7020.5 Notification of Nonconformance. If, in the course of fulfilling their
responsibility under this Code, the field engineer, soil engineer or engineering
geologist finds that the work is not being done inawonformance with this Code or
the plans approved by the Building Official, or in accordance with good accepted
practices, the permittee and the Building Official shall be immediately notified in
writing of the nonconformity and of the corrective measures to be taken.
7020.6 Termination of Services. The termination of the service of the field
engineer, soil engineer or geologist prior to the completion of the work shown on
the approved grading plans shall be reported to the Building Official in writing
within 48 hours. The report shall be by the person terminated and shall include
the status of the work at the last inspection. The work shall be stopped until the
replacement has agreed to accept the responsibility within the area of his or her
technical competence for verification upon completion of the work.
7020.7 Violation. It is a violation of this Code for any person to verify to the
satisfactory completion of work as required by this Chapter if such work is
subsequently found by the Building Official to have been in substantial
noncompliance with the approved design or Code requirement at the time of
• verification.
7020.8 Notification of Completion. The permittee shall notify the Building Official
when the grading operation is ready for final inspection. Final approval shall not
be given until all work, including installation of all drainage facilities and their
protective devices, and all erosion-control measures have been completed in
accordance with the final approved grading plan, and the required reports have
been submitted.
Section 7021. Reports and Statements Final Reports. Upon completion of the
rough grading work and at the final completion of the work, the following reports,
drawings and supplements thereto are required for engineered grading or when
professional inspection is performed for regular grading, as applicable.
0 The reports required by this section shall be prepared in accordance with Section
111.
The statements required by this Section supplement the records of the Building
Official. The Department's forms may be duplicated and/or the required
information may be presented on stationery with the letterhead of the responsible
person. Final approval of grading shall not be given until all required maps,
reports and statements have been submitted.
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Where reference is made to initial, rough or final grading, it shall mean those
stages of construction set forth in Section 7020.3, entitled Inspection of Excavation
and Fills.
1. An as-graded grading plan prepared by the field engineer retained to
provide such services in accordance with Section 7020.4 shall show original
ground surface elevations, as-graded ground surface elevations, lot
drainage patterns, and the locations and elevations of surface drainage
facilities and of the outlets of subsurface drains. As-constructed locations,
elevations and details of subsurface drains shall be shown as reported by
the soils engineer.
Field engineers shall state that the work within their area of responsibility
was done in accordance with the final approved grading plan.
2. Reports prepared by the soils engineer retained to provide such services
in accordance with Section 7020.4, including locations and elevations of
field density tests, summaries of field and laboratory tests, other
substantiating data, and comments on any changes made during tests and
their effect on the recommendations made in the approved soils engineering
investigation report. Soils engineers shall submit a statement that, to the
best of their knowledge, the work within their area of responsibility is in
accordance with the approved soils engineering report and applicable
• provisions of this Code.
3. Reports prepared by the engineering geologist retained to provide such
services in accordance with Section 7020.4, including a final description of
the geology of the site and any new information disclosed during the
grading and the effect of same on recommendations incorporated in the
approved grading plan. Engineering geologists shall submit a statement
that, to the best of their knowledge, the work within their area of
responsibility is in accordance with the approved engineering geology report
and applicable provisions of this Code.
Where necessary, such report shall include a final geologic map and cross
sections and recommendations noting geologic hazards and sewage
disposal areas when site inspection was required under Section 7020.1.
• 4. The grading contractor shall submit in a form prescribed by the Building
Official a statement of conformance to said as-graded plan and the
specifications.
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(aa) Unoccupied Buildings and Structures. Notwithstanding the provisions of
Section 8100, the building code is amended by adding Chapter 96 to
read as follows:
CHAPTER 96
POTENTIALLY EARTHQUAKE HAZARDOUS BUILDINGS
Section 9601. Purpose. This chapter promotes public safety and welfare by
reducing the risk of death or injury otherwise resulting from earthquake damage
to certain buildings constructed before March 20, 1933, which have insufficient
resistance to moderate or strong earthquakes.
The provisions of this Chapter constitute minimum standards for structural seismic
resistance established primarily to reduce the risk of loss of fife and injury.
Compliance with these standards will not necessarily prevent loss of fife or injury
or prevent earthquake damage to an existing building. this Chapter shall not
require existing electrical, plumbing, mechanical or fire safety systems to be altered
unless they constitute a hazard to life or property.
This Chapter provides systematic procedures and standards for identification and
classification of these buildings based on their present use. Priorities, time periods
and standards are also established under which these buildings are required to be
structurally analyzed and anchored. Where the analysis identifies deficiencies, this
• Chapter requires the building to be strengthened or demolished.
Section 9602. Scope. The provisions of this Chapter shall apply to privately
owned buildings which, prior to March 20, 1933, were constructed or were under
construction and which have unreinforced masonry bearing walls as defined
herein. This Chapter shall also apply to privately owned buildings for which a
building permit was issued prior to March 20, 1933, and which have unreinforced
masonry bearing walls as defined herein.
EXCEPTION: This Chapter shall not apply to dwellings and lodging houses
defined as Group R, Division 3 Occupancies nor to accessory
buildings defined as Group U, Division 1 Occupancies.
Section 9603. Definitions. For the purposes of this Chapter, the applicable
• definitions contained in Sections 1602 and 1625 of this Code and the following
definitions shall apply:
Essential Building. An essential building under the scope of this Chapter is
defined as any privately owned building conforming to the definition of
essential facilities as set forth in Section 1625 of the Building Code.
-74-
• High-Risk Building. A high-risk building is any building, other than an
essential building, having an occupant load as determined by Section
1002.1, entitled "Determination of Occupant Load," of this Code of 100
occupants or more.
EXCEPTION: A high-risk building shall not include the following:
Any building having exterior walls braced with masonry
crosswalls or woodframe crosswalls spaced less than 40
feet apart in each story. Crosswalls shall be full-story
height with a minimum length of 1 j times the story height.
2. Any building used for its intended purpose, as determined
by the Building Official, for less than 20 hours per week.
• Historical Building. A historical building is any building designated as a
historical building by the Federal, State or County government or an agency
thereof.
• Low-Risk Building. A low-risk building is any building, other than an
essential building, having an occupant load as determined by
Section 1002.1 of this Code of less than 20 occupants.
• Medium-Risk Building. A medium-risk building is any building, not classified
as a high-risk building or an essential building, having an occupant load as
determined by Section 1002.1 of this Code of 20 occupants or more.
• Unreinforced Masonry Bearing Wall. An unreinforced masonry bearing wall
is a masonry wall having all of the following characteristics:
Provides the vertical support for a floor or roof.
2. The total superimposed load is over 100 pounds per linear foot.
3. The area of reinforcing steel is less than 50 percent of that required in
Section 2106.1.12.4, item 2.3 of this Code.
• Section 9604. Rating Classifications. The rating classifications identified in Table
96-A are hereby established and each building within the scope of this Chapter
shall be placed in one such rating classification by the Building Official. The total
occupant load of the entire building as determined by Section 1002.1 of this Code
shall be used to determine the rating classification.
EXCEPTION: For purposes of this Chapter, portions of buildings constructed
to act independently when resisting seismic forces may be
placed in separate rating classifications.
-75-
Section 9605. General Requirements. The owner of each building within the
scope of this Chapter shall, upon service of an order and within the time limits set
forth in this Chapter cause a structural analysis to be made of the building by a
licensed civil or structural engineer or architect and if the building does not comply
with earthquake standards specified in this Chapter the owner shall cause it to be
structurally altered to conform to such standards or shall cause the building to be
demolished.
The owner of a building within the scope of this Chapter shall comply with the
requirements set forth above by submitting the following to the Building Official for
review within the stated time limits:
(a) Within 270 days after service of the order, a structural analysis, which is
subject to approval by the Building Official and which shall demonstrate that
the building meets the minimum requirements of this Chapter; or
(b) Within 270 days after service of the order, the structural analysis and plans
for structural alterations of the building to comply with this Chapter; or
(c) Within 120 days after service of the order, plans for the installation of wall
anchors in accordance with the requirements specified in Section 9608.3;
or
(d) Within 270 days after service of the order, plans for the demolition of the
building.
After plans are submitted and approved by the Building Official, the owner shall
obtain a building permit and then commence and complete the required
construction or demolition within the time limits set forth in Table 96-B. These time
limits shall begin to run from the date the order is served in accordance with
Section 9606.2, except that the time limit to commence structural alterations or
demolition shall begin to run from the date the building permit is issued.
Owners electing to comply with Item (c) of this section are also required to comply
with Item (b) or (d) of this Section provided, however, that the 270-day period
provided for in Item (b) or (d) and the time limits for obtaining a building permit and
to complete structural alterations or building demolition set forth in Table 96-B shall
• be extended in accordance with Table 96-C. Each such extended time limit shall
begin to run from the date the order is served in accordance with Section 9606,
except that the time limit to commence structural alterations or demolition shall
begin to run from the date the building permit is issued.
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Section 9606. Administration.
9606.1 Order - Service. The Building Official shall, in accordance with the
priorities set forth in Table 96-0, issue an order as provided in this section to the
owner of each building within the scope of this Chapter.
Prior to the service of an order as set forth in Table 96-C, a bulletin may be issued
to the owner as shown upon the last equalized assessment roll or to the person
in apparent charge or control of a building considered by the Building Official to
be within the scope of this Chapter. The bulletin may contain information the
Building Official deems appropriate. The bulletin may be issued by mail or in
person.
9606.2 Order - Priority of Service. Priorities for the service of the order for
buildings within the scope of this Chapter shall be in accordance with the rating
classification as shown in Table No. 96-C. Within each separate rating
classification, the priority of the order shall normally be based on the occupant
load of the building. The owners of buildings housing the largest occupant loads
shall be served first. The minimum time period prior to the service of the order as
shown in Table No. 96-C shall be measured from the effective date of this Chapter.
The Building Official may, upon receipt of a written request from the owner, order
such owner to bring the building into compliance with this Chapter prior to the
normal service date for such building set forth in this Chapter. -
• 9606.3 Order - Contents. The order shall be in writing and shall be served either
personally or by certified or registered mail upon the owner as shown on the last
equalized assessment roll, and upon the person, if any, in apparent charge to
control of the building. The order shall specify that the building has been
determined by the Building Official to be within the scope of this Chapter and,
therefore, is required to meet the minimum seismic standards of this Chapter. The
order shall specify the rating classification of the building and shall be
accompanied by a copy of Section 9605 which sets forth the owner's alternatives
and time limits for compliance.
9606.4 Appeal from Order. The owner of the building may appeal the Building
Official's initial determination that the building is within the scope of this Chapter
to the Board of appeals established by Section 105. Such appeal shall be filed
• with the Board within 60 days from the service date of the order described in
Section 9606.3. Any such appeal shall be decided by the Board no later than 90
days after the date that the appeal is filed. Such appeal shall be made in writing
and the grounds thereof shall be stated clearly and concisely. Appeals or requests
for modifications from any other determinations, orders or actions by the Building
Official pursuant to this Chapter shall be made in accordance with the procedures
established in Sections 104.2.7 and 105.
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9606.5 Recordation. At the time that the Building Official serves the
aforementioned order, the Building Official shall also file with the office of the
County Recorder a certificate stating that the subject building is within the scope
of Chapter 96 of the City of Rosemead Building Laws and is a potentially
earthquake hazardous building. The certificate shall also state that the owner
thereof has been ordered to structurally analyze the building and to structurally
alter or demolish it where compliance with Chapter 96 has not been demonstrated.
If the building is either demolished, found not to be within the scope of this
Chapter or is structurally capable of resisting minimum seismic forces required by
this Chapter as a result of structural alterations or an analysis, the Building Official
shall file with the office of the County Recorder a form terminating the status of the
subject building as being classified within the scope of Chapter 96 of the City of
Rosemead Building Laws.
9606.6 Enforcement. If the owner or other person in charge or control of the
subject building fails to comply with any order issued by the Building Official
pursuant to this Chapter within any of the time limits set forth in Section 9605, the
Building Official shall verify that the record owner of this building has been properly
served. If the order has been served on the record owner, then the Building
Official shall order that the entire building be vacated and that the building remain
vacated until such order has been complied with. If compliance with such order
has not been accomplished within 90 days after the date the building has been
• ordered vacated or such additional time as may have been granted by the Board
of Appeals, the Building Official may order its demolition in accordance with the
provisions of Section 102.1 of this Code.
9606.7 Rehearing. A rehearing fee as specified in Section 105 shall be paid to the
Building Official whenever a person requests a rehearing before the Building Board
of Appeals to request postponement of City action leading to demolition, vacation
of building or other abatement procedure. At such a rehearing, the Board will
consider all evidence submitted and after such consideration may find that a
postponement is warranted and so order, or may find that further postponement
is unwarranted and order any abatement work considered necessary to be
performed by a specified date after which date the Building Official shall cause
such work to be performed or completed without further notice. Nothing in this
section shall prevent the Board itself or the Building Official from bringing any
0 matter before the Board for rehearing
Section 9607. Historical Buildings.
9607.1 General. The standards and procedures established by this Chapter shall
apply in all aspects to a historical building except that as a means to preserve
original architectural elements and facilitate restoration, a historical building may,
in addition, comply with the special provisions set forth in this Section.
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9607.2 Unburned Clay Masonry or Adobe. Existing or reerected walls of adobe
construction shall conform to the following:
9607.2.1 Unreinforced adobe masonry walls shall not exceed a height or
length-to-thickness ratio of five for exterior bearing walls and must be
provided with a reinforced bond beam at the top, interconnecting all
walls. Minimum beam depth shall be 6 inches and a minimum width
of 8 inches less than the wall width. Minimum wall thickness shall be
18 inches for exterior bearing walls and 10 inches for adobe partitions.
No adobe structures shall exceed one story in height unless the
historic evidence indicates a two-story height. In such cases the
height-to-thickness ratio shall be the same as above for the first floor
based on the total two-story height, and the second floor wall
thickness shall not exceed the ratio five by more than 20 percent.
Bond beams shall be provided at the roof and second-floor levels.
9607.2.2 Foundation footings shall be reinforced concrete under newly
reconstructed walls and shall be 50 percent wider than the wall above,
soil conditions permitting, except that the foundation wall may be 4
inches less in width than the wall above if a rock, burned brick, or
stabilized adobe facing is necessary to provide authenticity.
9607.2.3 New or existing unstabilized brick and adobe brick masonry shall have
• an average compressive strength of 225 pounds per square inch
when tested in accordance with American Society for Testing and
Materials designation C 67. One sample out of five may have a
compressive strength of not less than 188 pounds per square inch.
Unstabilized brick may be used where existing bricks are unstabilized
and where the building is not susceptible to flooding conditions or
direct exposure. Adobe may be allowed a maximum value of 3
pounds per square inch for shear with no increase for lateral forces.
9607.2.4 Mortar may be of the same soil composition and stabilization as the
brick in lieu of cement mortar.
9607.2.5 Nominal tension stresses due to seismic forces normal to the wall may
be neglected if the wall meets thickness requirements and shear
values allowed by this subsection. -
9607.3 Archaic Materials. Allowable stresses for archaic materials not specified
in this Code shall be based on substantiating research data or engineering
judgment, subject to the Department's satisfaction.
79-
9607.4 Alternative Materials and State Historical Building Code Advisory Review.
Alternative materials, design or methods of construction will be considered as set
forth in Section 9609.4. In addition, when a request for an alternative proposed
design, material or method of construction is being considered, the Department
may file a written request for an opinion to the State Historical Building Code
Advisory Board for its consideration, advice or findings in accordance with the
State Historical Building Code.
Section 9608. Analysis and Design.
9608.1 General. Every structure within the scope of this Chapter shall be analyzed
and constructed to resist minimum total lateral seismic forces assumed to act
nonconcurrently in the direction of each of the main axes of the structure in
accordance with the following equation:
V = I KCSW (96-1)
The value of IKCS need not exceed the values set forth in Table 96-D based on
the applicable rating classification of the building.
9608.2 Lateral Forces on Elements of Structures. Parts or portions of structures
shall be analyzed and designed for lateral loads in accordance with Chapter 16,
Division III of this Code, but need not be more than the value from the following
• equation:
FP = ICP SWP . (96-2)
For purposes of this subsection, the product of 15 need not exceed the values set
forth in Table 96-E. The value of C. need not exceed the values set forth in Table
96-F.
EXCEPTION: Unreinforced masonry walls in buildings not having a rating
classification of I may be analyzed in accordance with Section
9609.
9608.3 Anchorage and Interconnection. Anchorage and interconnection of all
parts, portions and elements of the structure shall be analyzed and designed for
lateral forces in accordance with the equation F. = /C SWP as set forth in
• Tables 96-E and 96-F. Minimum anchorage of masonry wails to each floor or roof
shall resist a minimum force of 200 pounds per lineal foot acting normal to the wall
at the level of the floor or roof.
9608.4 Level of Required Repair. Alterations and repairs required to meet the
provisions of this Chapter shall comply with all other applicable requirements of this
Code unless specifically provided for in this Chapter.
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9608.5 Required Analysis.
9608.5.1 General. Except as modified herein, the analysis and design relating
to the structural alteration of existing structures within the scope of this
Chapter shall be in accordance with the analysis specified in Chapter
16 of this Code.
9608.5.2 Continuous stress path. A complete continuous stress path from
every part or portion of the structure to the ground shall be provided
for in the required horizontal forces.
9608.5.3 Positive connections. All parts, portions or elements of the structure
shall be interconnected by positive means.
9608.6 Analysis Procedure.
9608.6.1 General. Stresses in materials and existing construction utilized to
transfer seismic forces from the ground to parts or portions of the
structure shall conform to those permitted by this Code and those
materials and types of construction specified in Section 9609.
9608.6.2 Connections. Materials and connectors used for interconnection of
parts and portions of the structure shall conform to this Code. Nails
• may be used as part of an approved connector.
9608.6.3 Unreinforced masonry walls. Unreinforced masonry walls shall be
analyzed to ensure their capability of resisting superimposed vertical
loads in addition to the seismic forces required by this Chapter. Such
walls shall meet the minimum requirements set forth in Section 2106,
entitled "General Design Requirements," and Section 2107, entitled
"Working Stress Design of Masonry" of this Code. The 50 percent
increase in the seismic force factor for shear walls as specified in
Section 2107.1.7 of this Code may be omitted in the computation of
seismic loads to existing shear walls.
No allowable tension stress shall be permitted in unreinforced masonry walls.
Walls not capable of resisting the required design forces specified in this Chapter
shall be strengthened or shall be removed and replaced.
EXCEPTIONS: 1. Unreinforced masonry walls in buildings not classified as
Rating I pursuant to Table 96-A may be analyzed in
accordance with Section 9609 of this Chapter.
2. Unreinforced masonry walls which carry no design loads
other than their own weight may be considered as veneer
if they are adequately anchored to new supporting
elements.
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9608.7 Combination of Vertical and Seismic Forces.
9608.7.1 New materials. All new materials introduced into the structure to meet
the requirements of this section, which are subject to combined
vertical and horizontal forces, shall comply with Section 1603.6 of this
Code.
9608.7.2 Existing materials. When stresses in existing lateral-force-resisting
elements are due to a combination of dead loads plus live loads plus
seismic loads, the allowable working stresses specified in the Code
may be increased 100 percent. However, no increase will be permitted
in the stresses allowed in Section 9609 of this Chapter. The stresses
in members due only to seismic and dead loads shall not exceed the
values permitted by Section 1603.5 of this Code.
9608.7.3 Allowable reduction of bending stress by vertical load. In calculating
tensile fiber stress due to seismic forces required by this Chapter, the
maximum tensile fiber stress may be reduced by the full direct stress
due to vertical dead loads.
Section 9609. Materials of Construction.
9609.1 . General. All materials permitted by this Code, including their appropriate
• allowable stresses and those existing configurations materials specified herein, may
be utilized to meet the requirements of this Chapter.
9609.2 Existing Materials.
9609.2.1 Unreinforced masonry walls. Unreinforced masonry walls analyzed in
accordance with this section may provide vertical support for roof and
floor construction and resistance to lateral loads.
Tension stresses due to seismic forces normal to the wall may be
neglected if the wall does not exceed the height or length-to-thickness
ratio and the in-plane shear stresses due to seismic loads as set forth
in Table 96-G.
• If the wall height-to-thickness ratio exceeds the specified limits, the wall
may be supported by vertical bracing members as set forth in the
requirements of Chapter 16. The deflection of such bracing member
at design loads shall not exceed one tenth of the wall thickness.
EXCEPTION: The wall may be supported by flexible vertical
bracing members designed in accordance with
Section 9608.2 if the deflection at design loads is
not less than one quarter nor more than one third of
wall thickness.
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All vertical bracing members shall be attached to floor and roof
construction for their design loads independently of required wall
anchors. Horizontal spacing of vertical bracing members shall not
exceed one half the unsupported height of the wall nor 10 feet.
The wall height may be measured vertically to bracing elements other
than a floor or roof. Spacing of the bracing elements and wall
anchors shall not exceed 6 feet. Bracing elements shall be detailed
to minimize the horizontal displacement of the wall by components of
vertical displacements of the floor or roof.
9609.2.2 Existing roof, floors, walls, footing and wood framing. Existing
materials, including wood shear walls utilized in the described
configuration, may be used as part of the lateral-load-resisting system,
provided that the stresses in these materials do not exceed the values
shown in Table 96-H.
9609.3 Strengthening of Existing Materials. New materials, including wood shear
walls, may be utilized to strengthen portions of the existing seismic-resisting
system in the described configurations provided that the stresses do not exceed
the values shown in Table 96-I.
9609.4 Alternate Materials. Alternate materials, designs and methods of
• construction may be approved by the Building Official in accordance with the
provisions of Section 104.2.8 of this Code.
9609.5 Minimum Acceptable Quality of Existing Unreinforced Masonry Walls.
9609.5.1 General provisions. All unreinforced masonry walls utilized to carry
vertical loads and seismic forces parallel and perpendicular to the wall
plane shall be tested as specified in this section. All masonry quality
shall equal or exceed the minimum standards established herein or
shall be removed and replaced by new materials. The quality of
mortar in all masonry walls shall be determined by performing in-place
shear tests or by testing 8-inch diameter cores. Alternate methods of
testing may be approved by the Building Official. Nothing shall
prevent pointing with mortar of all the masonry wall joints before the
• tests are first made. Prior to any pointing, the mortar joints must be
raked and cleaned to remove loose and deteriorated mortar. Mortar
for pointing shall be Type S or N except masonry cement shall not be
used. All preparation and mortar pointing shall be under the
continuous inspection of a registered special inspector. At the
conclusion of the inspection, the inspector shall submit a written report
to the licensed engineer or architect responsible for the seismic
analysis of the building setting forth the results of the work inspected.
Such report shall be submitted to the Building Official for approval as
part of the structural analysis. All testing shall be performed in
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accordance with the requirements specified in this section. An
accurate record of all such tests and their location in the building shall
be recorded and these results shall be submitted to the Building
Official for approval as part of the structural analysis.
9609.5.2 Number and location of tests. The minimum number of tests shall be
two per wall or line of wall elements resisting a common force, or one'
per 1,500 square feet of the wall surface, with a minimum of eight tests
in any case. The exact test or core-location shall be determined at the
building site by the licensed engineer or architect responsible for the
seismic analysis of the subject building.
9609.5.3 In-place shear tests. The bed joints of the outer wythe of the masonry
shall be tested in shear by laterally displacing a single brick relative to
the adjacent bricks in that wythe. The opposite head joint of the brick
to be tested shall be removed and cleaned prior to testing. The
minimum quality mortar in 80 percent of the shear tests shall not be
less than the total of 30 psi plus the axial stress in the wall at the point
of the test. The shear stress shall be based on the gross area of both
bed joints and shall be that at which movement of the brick is first
observed.
9609.5.4 Core tests. A minimum number of mortar test specimens equal to the
• number of required cores shall be prepared from the cores and tested
as specified herein. The mortar joint of the outer wythe of the
masonry core shall be tested in shear by placing the circular core
section in a compression testing machine with the mortar bed joint
rotated 15 degrees from the axis of the applied load. The mortar joint
tested in shear shall have an average ultimate stress of 20 psi based
on the gross area. The average shall be obtained from the total
number of cores made. If test specimens cannot be made from cores
taken, then the shear value shall be reported as zero.
9609.6 Testing of Shear Bolts. One fourth of all new shear bolts and dowels
embedded in unreinforced masonry walls shall be tested by a registered special
inspector using a torque calibrated wrench to the following minimum torques:
inch diameter bolts or dowels = 40 foot-pounds.
% inch diameter bolts or dowels = 50 foot-pounds.
inch diameter bolts or dowels = 60 foot-pounds.
No bolts exceeding A inch shall be used. All nuts shall be installed over malleable
iron or plate washers when bearing on wood and over heavy cut washers when
bearing on steel.
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9609.7 Determination of Allowable Stresses for Design Methods Based on Test
Results.
9609.7.1 Design shear values. Design seismic in-plane shear stresses shall be
substantiated by tests performed as specified in Sections 9609.5.3 and
9609.5.4.
Design stresses shall be related to test results obtained as set forth in
Table 96-I. Intermediate values between 3 and 10 psi may be
interpolated.
9609.7.2 Design compression and tension values. Compression stresses for
unreinforced masonry having a minimum design shear value of 3 psi
shall not exceed 100 psi. Design tension values for unreinforced
masonry shall not be permitted.
9609.8 Five percent of the existing rod anchors utilized as all or part of the
required wall anchors shall be tested in pullout by a testing laboratory. The
minimum number tested shall be four per floor, with two tests at walls with joists
framing into the wall and two tests at walls with joists parallel to the wall. The test
apparatus shall be supported on the masonry wall at a minimum distance of the
wall thickness from the anchor tested. The rod anchor shall be given a preload
of 300 pounds prior to establishing a datum for recording elongation. The tension
• test load reported shall be recorded at I/e inch relative movement of the anchor and
the adjacent masonry surface. Results of all tests shall be reported. The report
shall include the test results as related to the wall thickness and joist orientation.
The allowable resistance value of existing anchors shall be 40 percent of the
average of the reported test loads.
9609.9 Qualification tests for devices used for wall anchorage shall be tested with
the entire tension load carried on the enlarged head at the exterior face of the wall.
Bond on the part of the device between the enlarged head and the interior wall
face shall be eliminated for the qualification tests. The resistance value assigned
the device shall be 20 percent of the average of the ultimate loads.
Section 9610. Information Required on Plans.
• 9610.1 General. In addition to the seismic analysis required elsewhere in this
Chapter, the licensed engineer or architect responsible for the seismic analysis of
the building shall determine and record the information required by this section on
the approved plans.
9610.2 Construction Details. The following requirements with appropriate
construction details shall be made part of the approved plans:
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9610.2.1 All unreinforced masonry walls shall be anchored at the roof level by
tension bolts through the wall as specked in Table 96-1, or by an
approved equivalent method at a maximum anchor spacing of 6 feet.
Anchors installed in accordance with Section 3403.7 of this Code shall
be accepted as conforming to this requirement.
All unreinforced masonry walls shall be anchored at all floors with
tension bolts through the wall or by existing rod anchors at a
maximum anchor spacing of 6 feet. All existing rod anchors shall be
secured to the joists to develop the required forces. The Building
Official may require testing to verify the adequacy of the embedded
ends of existing rod anchors. Tests, when required, shall conform to
Section 9609.8 of this Chapter.
When access to the exterior face of the masonry wall is prevented by
proximity of an existing building, wall anchors conforming to Item S in
Table 96-1 may be used.
Alternative devices to be used in lieu of tension bolts for masonry wall
anchorage shall be tested as specified in Section 9609.9 of this
Chapter.
9610.2.2 Diaphragm chord • stresses of horizontal diaphragms shall be
• developed in existing materials or by addition of new materials.
9610.2.3 Where trusses and beams other than rafters or joists are supported
on masonry, independent secondary columns shall be installed to
support vertical loads of the roof or floor members.
9610.2.4 Parapets and exterior wall appendages not capable of resisting the
forces specified in this Chapter shall be removed, stabilized or braced
to ensure that the parapets and appendages remain in their original
position.
9610.2.5 All deteriorated mortar joints in unreinforced masonry walls shall be
pointed with Type S or N mortar. Prior to any pointing, the wall
surface must be raked and cleaned to remove loose and deteriorated
mortar. Pointing shall be done under the continuous inspection of a
registered special masonry or concrete inspector. At the conclusion
of the project, the inspector shall submit a written report to the
Building Official setting forth the portion of work inspected.
9610.2.6 Repair details of any cracked or damaged unreinforced masonry wall
required to resist forces specified in this Chapter.
9610.3 Existing Construction. The following existing construction information shall
be made part of the approved plans:
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The type and dimensions of existing walls and the size and spacing of floor
and roof members.
2. The extent and type of existing wall anchorage to floors and roof.
3. The extent and type of parapet corrections which were preformed in
accordance with Section 3403.7 of this Code.
4. Accurately dimensioned floor plans and masonry wall elevations showing
dimensioned openings, piers, wall thickness and heights.
5. The location of cracks or damaged portions or unreinforced masonry walls
requiring repairs.
6. The type of interior wall surfaces and ceilings, and if reinstallation or
anchoring of existing plaster is necessary.
7. The general condition of the mortar joints and if the joints need pointing.
Section 9611. Interpretation of This Chapter. Removal and replacement of
unreinforced masonry interior or exterior walls with materials and construction
conforming to the requirements of this Code for new buildings constitutes
compliance with this Chapter. Upon completion. of such work, the remainder of
• the structure is, therefore, subject only to Section 3401, "General" and Section
3402, "Maintenance," of Chapter 34, "Existing Structures." Nothing in this Section
shall be construed to mean that a building within the scope of this Chapter is not
subject to Section 102, "Unsafe Building," or to Chapter 99, "Building and Property
Rehabilitation," of this Code.
TABLE 96-A - RATING CLASSIFICATIONS
TYPE OF BUILDING
CLASSIFICATION
Essential building
High-risk building
II
Medium-risk building
III
Low-risk building
IV
•
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TABLE 96-B - TIME LIMITS FOR COMPLIANCE
REQUIRED
COMMENCE
COMPLETE
ACTION BY
OBTAIN BUILDING
CONSTRUCTION
CONSTRUCTION
OWNER
PERMIT WITHIN'
WITHIN
WITHIN'
Structural alterations
1 year
180 days
3 years
r building
emolition
all anchor
180 days
270 days
1 year
'Measured from date of service of order.
2Measured from date of building permit issuance.
TABLE 96-C - EXTENSIONS OF TIME AND SERVICE PRIORITIES
•
EXTENSION OF
MINIMUM TIME
TIME IF WALL
PERIODS FOR
RATING
ANCHORS ARE
SERVICE OF
CLASSIFICATION
OCCUPANT LOAD
INSTALLED
ORDER
I (Highest priority)
Any
1 year
90 days
II
100 or more
1 year
180 days
III-A
100 or more
1 year
1 year
III-B
More than 50, but
1 year
2 years
less than 100
III-C
More than 19, but
1 year
3 years
less than 51
IV (Lowest priority)
Less than 20
1 year
4 years
TABLE 96-D - HORIZONTAL FORCE FACTORS
BASED ON RATING CLASSIFICATION
RATING CLASSIFICATION
IKCS
1
0.186
II
0.133
III and IV
0.100
TABLE 96-E - HORIZONTAL FORCE FACTORS IS
FOR PARTS OR PORTIONS OF STRUCTURES
RATING CLASSIFICATION
/S
1
1.50
II
1.00
III and IV
0.75
-88-
TABLE 96-F - HORIZONTAL FORCE FACTOR Cp FOR PARTS OR
PORTIONS OF BUILDINGS OR OTHER STRUCTURES'
•
PART OR PORTION OF BUILDINGS
DIRECTION OF
VALUE F
FORCE
C
Exterior bearing and nonbearing walls; interior
Normal-to-flat
0.20
Baring walls and partitions; interior nonbearing walls
surface
nd partitions over 10 feet in height; masonry fences
ver 6 feet in height.'
antilever parapet an other cantilever walls, except
Normal-to-flat
1.00
etaining walls.
surface
Exterior and interior ornamentations and appendages
Any direction
1.00
When connected to or a part of building towers,
Any direction
0.20z,q
tanks, towers and tanks plus contents, racks over 8
Bet 3 inches in height plus contents, chimneys,
smokestacks and penthouses.
When connected to or a part of a building: Rigid and
Any horizontal
0.20
rigidly mounted equipment and machinery not
direction
required for continued operation of essential
occupancies.'
Tanks plus effective contents resting on the ground.
Any direction
0.12
Floors and roofs acting as diaphragms.
In the plane of the
0.12
diaphragm
Prefabricated structural elements, other than walls,
Any horizontal
0.30
with force applied at center of gravity of assembly.
direction
Connections for exterior panels or elements.
Any direction
2.00
'See Section 9608.2 for use of C.
2When located in the upper portion of any building with a ratio of 5 to 1 or greater,
the value shall be increased by 50 percent.
3For flexible and flexibly mounted equipment and machinery, the appropriate values
for CP shall be determined with consideration given to both the dynamic properties
of the equipment and machinery and to the building or structure in which it is
placed.
4The W for storage racks shall be the weight of the racks plus contents. The
value AP for racks over two storage support levels in height shall be 0.16 for the
levels below the top two levels.
5The design of the equipment and machinery and their anchorage is an integral
part of the design and specification of such equipment and machinery. The
structure to which the equipment or machinery is mounted shall be capable of
resisting the anchorage forces.
-89-
6Floor and roofs acting as diaphragms shall be designed for E
resulting from a C. of 0.12 applied to WP unless a greater force
distribution of lateral forces in accordance with Section 1628.
minimum force
results from the
TABLE 96-G - ALLOWABLE VALUE OF HEIGHT-TO-THICKNESS RATIO
OF UNREINFORCED MASONRY WALLS WITH MINIMUM
QUALITY MORTAR'2
BUILDINGS WITH
CROSSWALLS AS
DEFINED BY
ALL OTHER
SECTION 9603
BUILDINGS
ails of one-story buildings
16
13
First-story wall of multistory buildings
16
15
Walls in top story of multistory buildings
II other walls
14
9
16
13
'Minimum quality mortar shall be determined by laboratory testing in accordance
with Section 9609.5.
2Table 96-G is
buildings within
9608.6.
not applicable to
rating classification
classification I.
i accordance with
TABLE 96-H - VALUES FOR EXISTING MATERIALS
0
MATERIALS
ALLOWABLE VALUES
1. HORIZONTAL DIAPHRAGMS
a. Roofs with straight sheathing and roofing
100 pounds per foot for seismic
applied directly to the sheathing.
hear.
b. Roofs with diagonal sheathing and roofing
00 pounds per foot for seismic
applied directly to the sheathing.
hear.
c. Floors with straight tongue-and-groove
150 pounds per foot for seismic
sheathing.
hear.
d. Floors with straight sheathing and finished
00 pounds per foot for seismic
wood flooring.
hear.
e. Floors with diagonal sheathing and finished
50 pounds per foot for seismic
wood flooring.
hear.
f. Floors or roofs with straight sheathing and
Add 50 pounds per foot to
plaster applied to the joist or rafters.2
materials 1-a and 1-c-
2. SHEAR WALLS
100 pounds per foot each side
Wood stud walls with lath and plaster.
or seismic shear.
3. PLAIN CONCRETE FOOTINGS
'C = 1,500 psi unless otherwise
shown by tests.
4. DOUGLAS FIR WOOD
Allowable stress same as No. 1
.F.
D3
5. REINFORCING STEEL
t = 18,000 pounds per square
nch
aximum.3
6. STRUCTURAL STEEL
It = 20,000 pounds per square
nch
aximum.3
'Material must be sound and in good condition.
'The wood lath and plaster must be reattached to existing joists or rafters in an
approved manner.
3Stresses given may be increased for combination of loads as specified in Section
9608.7.2.
-91-
TABLE 96-1 - ALLOWABLE VALUES OF NEW MATERIALS USED
IN CONJUNCTION WITH EXISTING CONSTRUCTION
4 6. INFILLED WALLS
NEW MATERIALS OR CONFIGURATION
OF MATERIALS'
ALLOWABLE VALUES
1. HORIZONTAL DIAPHRAGMS
Same as specified in Table 23-1-
Plywood sheathing applied directly over existing
of this Code for blocked
sheathing with ends of plywood sheets bearing on joists
diaphragms.
or rafters and edges of plywood located on center of
individual sheathing Boards.
2. SHEAR WALLS
a. Plywood sheathing applied directly over existing
ame as values specified in
wood studs. No value shall be given to plywood
able 23-1-K for shear walls.
applied over existing plaster or wood sheathing.
b. Dry wall or plaster applied directly over existing
5 percent of the values
wood studs.
specified in Table 25-I.
c. Dry wall or plaster applied to plywood sheathing
3'/3 percent of the values
over existing wood studs.
specified in Table 25-I.
3. SHEAR BOLTS
Shear bolts and shear dowels embedded a minimum of
133 percent of the values for
8 inches into unreinforced masonry walls. Bolt centered
lain masonry specified in Table
in 2kinch-diameter hole with dry-pack or an approved
No. 21-0. No values larger than
nonshrink grout around circumference of bolt or
hose.given for ;-inch bolts shalt
dowel.1.3
be used.
4. TENSION BOLTS
Tension bolts and tension dowels extending entirely
1,200 pounds4 per bolt or dowel.
through unreinforced masonry walls secured with
bearing plates on far side of wall with at least 30 square
inches of area.2 a
5. WALL ANCHORS [See Section 9610.2]
a. Bolts extending to the exterior face of the wall with
00 pounds per bolt or dowel.
a 2kinch round plate under the head. Installed as
specified for shear bolts. Spaced not closer than
12 inches on center.'. 2.3
b. Bolts or dowels extending to the exterior face of
1,200 pound per bolt or dowel.
the wall with a 2k inch round plate under the head
and drilled at an angle of 22k degrees to the
~ orizontal. Installed as specified for shear bolts.'
Reinforced masonry in filled openings in existing
Same as values specked for
unreinforced masonry walls with keys or dowels to
nreinforced masonry walls.
match reinforcing.
.
-92-
TABLE 96-1 - ALLOWABLE VALUES OF NEW MATERIALS USED
IN CONJUNCTION WITH EXISTING CONSTRUCTION-(Continued)
NEW MATERIALS OR CONFIGURATION
OF MATERIALS'
ALLOWABLE VALUES
7. REINFORCED WALLS
Masonry piers and walls reinforced per
Same as values determined per
Sections 2106 and 2107.
Section 2107.
8. REINFORCED CONCRETE
Concrete footings, walls and piers reinforced
Same as values specked in
as specified in Chapter 19 and designed for
Chapter 19 of this Code.
tributary loads.
9. EXISTING FOUNDATION LOADS
Foundation loads for structures exhibiting no
Calculated existing foundation
evidence of settlement.
loads due to maximum dead
oad plus live load may be
ncreased 25 percent for dead
oad, and may be increased 50
ercent for dead load plus
eismic load required by this
hapter.
'Bolts and dowels to be tested as specified in Section 9609.6.
0 2Bolts and dowels to be k inch minimum in diameter.
3Drilling for bolts and dowels shall be done with an electric rotary drill. Impact tools
shall not be used for drilling holes or tightening anchor and shear bolt nuts.
4Value is for minimum three-wythe wall. For a two-wythe wall, use 50 percent of
the value shown.
TABLE 96-J - ALLOWABLE STRESS FOR TESTED
UNREINFORCED MASONRY WALLS
s
80 PERCENT OF TEST
SEISMIC IN-PLANE
RESULTS IN PSI NOT
AVERAGE TEST RESULTS
SHEAR BASED ON
LESS THAN
OF CORES IN PSI
GROSS AREA
30 plus axial stress
20
3 psi
40 plus axial stress
27
4 psi'
50 plus axial stress
33
5 psi'
100 plus axial stress
67
10 psi'
or more
or more
maximum 1
'Allowable shear stress may be increased by addition of 10 percent of the axial
stress due to the weight of the wall directly above.
-93-
(ab) Unoccupied Buildings and Structures. Notwithstanding the provisions of
Section 8100, the building code Is amended by adding Chapter 98 to
read as follows:
CHAPTER 98
UNOCCUPIED BUILDINGS AND STRUCTURES
Section 9801. Notice to Secure Building or Structure. When any unoccupied
building or structure is not properly secured, locked or closed and is accessible
to juveniles, transients and undesirables and is a health, fire or safety hazard to the
adjacent community, and the Building Official so finds, the Building Official shall
serve the record owner and (if not the owner) the person having control of such
building or structure with a notice to secure or close the same forthwith so as to
prevent unauthorized persons from gaining access thereto.
Section 9802. Contents of Notice. The notice provided for in Section 9801 shall
inform the record owner and (if not the owner) the persons having control of such
building or structure that:
9802.1 They must forthwith secure or close such building or structure so as to
prevent unauthorized persons from gaining access thereto.
9802.2 If, in their opinion, the building or structure is sufficiently secure and
• closed, or for any other reason they cannot be required to comply with Item (a) of
this Section, within 10 days after receipt of the notice, they may request a hearing
by filing with, or mailing to, the Building Official a demand for such hearing.
9802.3 If the required work is not performed within 10 days after service of notice
and if a timely demand for hearing is not made, the City may perform the work at
the expense of the said owner.
Section 9803. Notification to Other Persons. The Building Official may, but is not
required to, send copies of any notice provided for in Section 9801 to the holder
of any mortgage, trust deed or other liens or encumbrance, the holder or owner
of any lease, or the holder of any other estate or interest in or to the building or
structure or the land upon which it is located.
• Section 9804. Posting. A copy of the notice shall be posted in a conspicuous
place on the building or structure which is the subject of the notice. Further, the
Building Official may cause to be posted on such building a sign or signs to read:
VACATED BUILDING, DO NOT ENTER OR DAMAGE BY ORDER OF THE
BUILDING AND SAFETY DIVISION, CITY OF ROSEMEAD.
-94-
Such sign may contain additional information and warnings as, in the opinion of
the Building Official are expedient. Such notice shall remain posted until the
building again is lawfully occupied. A person shall not remove such notice without
the written permission of the Building Official. A person, other than a person
having the right of occupancy, shall not enter the building.
Section 9805. Service. Proper service of any notice required by this Chapter shall
be by personal service or by first class mail upon the record owner and (if not the
owner) the person having control of such building or structures.
In the event the Building Official is unable to serve any notice on any person as
specified above, proper service on such person shall be by posting the notice in
a conspicuous place on the building or structure.
The failure of any owner or other person to receive a notice shall not affect in any
manner the validity of any proceedings under this Chapter.
Section 9806. Request for Hearing. Within 10 days after service upon the record
owner of a notice pursuant to Section 9801, the said record owner or any other
person deeming himself or herself aggrieved may request a hearing.
Section 9807. Notice of Hearing. Upon receiving a request for hearing, the
Building Official shall set the matter for hearing before the Building Rehabilitation
• Appeals Board and shall serve notice not less than 10 days prior thereto upon the
person requesting such hearing and upon every person upon whom the notice
provided for in Section 9801 was served.
Section 9808. Procedure. Except as inconsistent with any other provisions of this
Chapter, all procedure taken shall be, and the Building Rehabilitation Appeals
Board and the Clty shall proceed and collect costs, as provided in this Ordinance
in the case of substandard and unsafe buildings.
Section 9809. Securing Structures by Clty. If a person is properly served a notice
pursuant to Section 9801 to secure or close a building so as to prevent
unauthorized persons from gaining access thereto and neither that person nor any
other persons request a hearing, or, after a hearing the Building Rehabilitation
Appeals Board determines that such person is obliged to so secure or close such
building, if such building is not so secured or closed within 10 days after service
of notice, if no hearing is requested, or within the time specified by the Building
Rehabilitation Appeals Board, the Clty may perform the work as provided in this
ordinance in the case of substandard or unsafe buildings.
Section 9810. Not Used.
-95-
Section 9811. Lien. Any lien for the cost incurred by the City in securing a
building or structure from unlawful entry shall be subordinate to any mortgage,
trust deed or other lien of any person who received no notice pursuant to either
Section 9801 or Section 9807.
Section 9812. Building Official. Nothing in this Chapter shall be deemed to
preclude, prohibit or restrict the Building Official from securing the prompt
demolition or repair of buildings found to be substandard or unsafe under other
provisions of the Code.
Section 9813. Emergency Procedures. Whenever the conditions described in
Section 9801 constitute such an immediate hazard that access to the building or
structure must be limited or closed forthwith or within less than the designated
period and either the Sheriff or the Chief of the Fire Department so finds and so
notifies the Building Official, he or she shall limit access to such building by
contract, or otherwise, after giving such notice to the record owner or the person
in charge, or both as the circumstances will permit or without any notice whatever
when, in the opinion of the Sheriff or Chief of the Fire Department, immediate
action is necessary.
Section 9814. Hearing as to Necessity and Cost. The provisions of this Chapter
providing for hearings shall apply to any person raving any right, title or interest
in any building secured pursuant to Section 9813. Such person may request a
• hearing as to the necessity and reasonable cost of the work performed pursuant
to Section 9813 within 10 days after the building is secured or within 10 days after
receiving notice of such work.
(ac) Building and Properly Rehabilitation. Notwithstanding the provisions of
Section 8100, the building code is amended by adding Chapter 99 to
read as follows:
CHAPTER 99
BUILDING AND PROPERTY REHABILITATION
Section 9901. Scope
9901.1 General. The provisions of this Chapter shall apply to all substandard
buildings, substandard structures and substandard property.
• 9901.2 Existing Buildings. Occupancies in existing buildings may be continued as
provided in Section 3401 except in such structures as are found to be substandard
as defined in this Chapter and ordered vacated or as are found to be unsafe as
defined in Section 102.
-96-
Section 9902. Definitions. For the purposes of this Chapter, and in addition to the
definitions set forth in the previous Chapters of this Code, certain terms, phrases
and words and their derivatives shall be defined as set out in this Section. Words
used in the singular include the plural and vice versa.
• Board is the Building Rehabilitation Appeals Board as set forth in Section
9906.
• Building is any structure.
• Completion. Where a building is found to be substandard due to having
been under construction for an unreasonable time, as defined in Section
9903.2, the terms "demolition, improvement, removal, repair or
rehabilitation," as used in this Chapter shall include "completion."
• Demolition. Whenever the word "demolish" or "demolishment" is used in
this Chapter it shall include the removal of the resulting debris from such
demolition and the protection by filling of excavations exposed by such
demolition and abandonment of sewer or other waste disposal facilities as
may be required by this Code or other Ordinances or laws.
• Party Cpncerned. As used in this Chapter, "party concerned" means the
person, if any, in real or apparent charge and control of the premises
involved, the record owner, the holder of any mortgage, trust deed or other
lien or encumbrance of record, the owner or holder of any lease of record,
the record holder of any other estate or interest in or to the building or
structure or the land upon which it is located. As used in this paragraph all
reference to "record" means matters of record in the Department of
Registrar-Recorder of the County of Los Angeles which definitely and
specifically describes the premises involved.
Vehicle-Defined. As used in this Chapter "vehicle" means a device by which
any person or property may be propelled, moved, or drawn upon a
highway, excepting a device moved by human power or used exclusively
upon stationary rails or tracks.
Section 9903. Definition of Substandard Building.
40 9903.1 Any building or structure or portion thereof, or the premises on which the
same is located, in which there exists any of the conditions listed in Section 9904
to an extent that endangers the life, limb, health, property, safety or welfare of the
public or occupants thereof, shall be deemed and hereby is declared to be a
substandard building.
-97-
9903.2 Any unfinished building or structure which has been in the course of
construction an unreasonable time, in no event less than five years, and where the
appearance and other conditions of said unfinished building or structure are such
that the unfinished structure substantially detracts from the appearance of the
immediate neighborhood or reduces the value of property in the immediate
neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared
to be a substandard building.
Section 9904. Substandard Conditions. Substandard building conditions shall
include, but are not limited to, the following:
9904.1 Inadequate Sanitation.
9904.1.1 Lack of hot and cold running water to plumbing fixtures in a hotel or
dwelling unit.
9904.1.2 Lack of the minimum amounts of natural light and ventilation required
by this Code.
9904.1.3 Room and space dimensions less than required by this Code.
9904.1.4 Dampness of habitable rooms.
• 9904.1.5 Violation of any applicable provision of Ordinance No. 7583, an
Ordinance adopting a Health Code, adopted August 25, 1959, as
determined and reported to the Building Official by the health officer.
9904.2 Structural Hazards.
9904.2.1 Deteriorated or inadequate foundations.
9904.2.2 Defective, deteriorated or inadequate size flooring and/or floor
supports.
9904.2.3 Defective, deteriorated or inadequate size members of walls,
partitions or other vertical supports.
9904.2.4 Defective, deteriorated or inadequate size ceiling, roof or other
• horizontal supports.
9904.2.5 Defective, damaged or inadequately constructed fireplace or
chimney.
-98-
9904.3 Inadequate or Hazardous Wiring.
9904.3.1 Lack of required electrical lighting or convenience outlets. In existing
residential occupancies, every habitable room is required to contain
at least two supplied electric convenience outlets or one such
convenience outlet and one supplied electric fixture. Every water
closet compartment, bathroom, laundry room, furnace room and
public hallway in such occupancies is required to contain at least one
supplied electric fixture.
9904.3.2 All wiring except that which conformed with all applicable laws in
effect at the time of installation and which has been maintained in
good condition and is being used in a safe manner.
9904.4 Inadequate or Faulty Plumbing.
9904.4.1 Lack of plumbing fixtures required elsewhere in this Code.
9904.4.2 All plumbing except that which conformed with all applicable laws in
effect at the time of installation and which has been maintained in
good condition and which is free of cross connections.
9904.5 Inadequate or Faulty Mechanical Equipment.
9904.5.1 Lack of safe, adequate heating facilities in a dwelling, apartment
house or hotel.
9904.5.2 Lack of, or improper operation of, required ventilating equipment.
9904.5.3 All mechanical equipment, including vents, except that which conformed
with all applicable laws in effect at the time of installation and which has been
maintained in good and safe condition.
9904.6 Faulty Weather Protection.
9904.6.1 Lack of a sound and effective roof covering.
9904.6.2 Lack of a sound and effective exterior wall covering.
• 9904.6.3 Broken windows and doors.
9904.6.4 Deteriorated or ineffective waterproofing of foundation walls or floor.
9904.7 Faulty Materials of Construction. Any material of construction except those
which are allowed or approved by this Code and which have been adequately
maintained in good and safe condition.
-99-
9904.8 Hazardous or Insanitary Premises. Those premises on which an
accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage,
offal, rat harborages, stagnant water, combustible materials, and similar materials
or conditions which constitute undue fire, health or safety hazards.
9904.9 Hazardous Buildings. Any building or portion thereof which is determined
to be an unsafe building as defined in Section 102 of this Code.
9904.10 Inadequate Exits. All buildings or portions thereof not provided with exit
facilities as required by this Code except those buildings or portions thereof whose
exit facilities conformed with all applicable laws at the time of their construction and
provide adequate safe exits for the building occupants.
9904.11 Fire Hazard. Any building or portion thereof, device, apparatus,
equipment, combustible waste or vegetation which is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread and
intensity of fire or explosion arising from any cause.
9904.12 Inadequate Fire Protection or Firefighting Equipment. All buildings or
portions thereof which are not provided with the fire-resistive construction or
fire-extinguishing system or equipment required by this Code, except those
buildings or portions thereof which conform with all applicable laws at the time of
their construction and whose fire-resistive integrity and fire-extinguishing systems
• and equipment provide adequate firesafety.
9904.13 Improper Occupancy. All buildings or portions thereof occupied or used
for any purpose for which they were not designed or intended to be used.
9904.14 Abandoned Buildings. All buildings or portions thereof which are
abandoned, open or vandalized or both.
9904.15 Unfinished Relocated Buildings or Structures. Buildings or structures or
portions thereof as described in Section 6811.
Section 9905. Substandard Property. Any one or more of the following conditions
shall constitute substandard property.
9905.1 Substandard buildings;
• 9905.2 Unpainted buildings causing dry rot, warping and termite infestation;
9905.3 Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
9905.4 Overgrown vegetation causing detriment to neighboring properties or
property values.
-100-
9905.5 Dead trees, weeds and debris:
9905.5.1 Constituting unsightly appearance, or
9905.5.2 Dangerous to public safety and welfare, or
9905.5.3 Detrimental to nearby property or property values.
9905.6 Trailers, campers, boats and other mobile equipment stored for
unreasonable periods in yard areas contiguous to streets or highways and causing
depreciation of nearby property values;
9905.7 Inoperable or abandoned motor vehicles stored for unreasonable periods
on the premises and causing depreciation of nearby property values;
9905.8 Attractive nuisances dangerous to children in the form of:
9905.8.1 Abandoned and broken equipment, or
9905.8.2 Neglected machinery.
9905.9 Broken or discarded furniture and household equipment in yard areas for
unreasonable periods;
0 9905.10 Clothesline in front yard areas;
9905.11 Garbage cans stored in front or side yards and visible from public street
except when placed in places of collection at the times permitted.
9905.12 Packing boxes and other debris stored in yards and visible from public
streets for unreasonable periods:
9905.13 Neglect of premises:
9905.13.1 To spite neighbors, or
9905.13.2 To influence zone changes, granting of exceptions or special-use
permits, or
9905.13.3 To cause detrimental effect upon nearby property or property values;
9905.14 Maintenance of premises in such condition as to be detrimental to the
public health, safety or general welfare or in such manner as to constitute a public
nuisance as defined by Civil Code Section 3480.
-101-
9905.15 Property, including, but not limited to, building exteriors which are
maintained in such condition as to become so defective, unsightly, or in such
condition of deterioration or disrepair that the same causes appreciable diminution
of the property values of surrounding property or is materially detrimental to
proximal properties and improvements. This includes, but is not limited to, the
keeping or disposing of or the scattering over the property or premises of any of
the following: %
9905.15.1 Lumber, junk, trash or debris;
9905.15.2 Abandoned, discarded or unused objects of equipment such as
automobiles, furniture, stoves, refrigerators, freezers, cans or
containers;
9905.15.3 Stagnant water, or excavations;
9905.15.4 Any device, decoration, design, fence, structure, clothesline or
vegetation which is unsightly by reason of its condition or its
inappropriate location;
9905.16 Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial diminution
of the enjoyment, use or property values of such adjacent properties.
9905.17 Property maintained (in violation of the rights of others) so as to establish
a prevalence of depreciated values, impaired investments, and social and
economic maladjustments to such an extent that the capacity to pay taxes is
reduced and tax receipts from such particular area are inadequate for the cost of
public services rendered therein.
9905.18 Grading which does not meet the minimum standards set forth in Section
3304 of this Code or which is done in violation of this Code or any other City or
State law regulating grading.
Section 9906. Building Rehabilitation Appeals Board. In order to hear appeals
provided for in Chapter 98 and in this Chapter, there shall be and is hereby
created a Building Rehabilitation Appeals Board consisting of five members who
are qualified to pass on matters pertaining to substandard buildings and property.
• The members of the Board shall be appointed by and hold office at the pleasure
of the city council and may recommend such new legislation as deemed
necessary. The council shall adopt reasonable rules and regulations for
conducting its investigations. The Building Official shall be an ex officio nonvoting
member and act as secretary. The Building Official shall keep a record of all
proceedings and notify all parties concerned of the findings and decisions of the
Board.
-102-
Section 9907. Alternates. Every member of the Board of Appeals (created by
Section 105) is an ex officio alternate member of the Building Rehabilitation
Appeals Board and may serve in the place and stead of any regular member of the
Rehabilitation Appeals Board who is absent from any meeting and, at such
meeting, shall be deemed to be a regular member of the Building Rehabilitation
Appeals Board.
Section 9908. Determination by Building Official. Whenever the Building Official
determines by inspection that any existing building or portion thereof is
substandard or any lot or other premises is substandard, or both, as defined in
this Chapter, such building or premises, or both, are hereby declared a public
nuisance, and the Building Official shall order the abatement of the nuisance by
demolition, repair or rehabilitation of the substandard building or portion thereof or,
at the option of the party concerned, by demolition or demolishment thereof. The
order also may require that the building be vacated. If the premises are
substandard the Building Official also may order that the substandard conditions
be removed.
Section 9909. Informal Notice. When the Building Official has so found, in addition
to any notices hereafter required by this Chapter, the Building Official may give to
the occupants of the substandard property, and to any other person whom he or
she deems should be so notified, information concerning the provisions of this
Chapter, any violation thereof, how the person notified may comply and any other
information deemed expedient. The Building Official may post such information on
the substandard property or on the substandard building.
Section 9910. Notice of Substandard Building. If, in the opinion of the Building
Official, a building is found to be substandard as defined in this Chapter, the
Building Official shall give to the party concerned written notice stating the defects
thereof.
The notice may require the owner or person in charge of the building or premises
to complete the required repairs, improvements, demolition or removal of the
building or portions thereof within 30 days, or such other time limit as the Building
Official may stipulate. Such notice may also require the building, or portion
thereof, to be vacated and not reoccupied until the required repairs and
improvements are completed, inspected, and approved by the Building Official.
A person notified to vacate a substandard building by the Building Official shall
• vacate within the time specified in the order.
EXCEPTION: Whenever any building or structure or portion thereof
constitutes an immediate hazard to life or property, and in the
opinion of the Building Official the conditions are such that
repairs or demolition or other work necessary to abate the
hazard must be undertaken sooner than provided by the
procedures set forth in this Chapter, the Building Official may
make such alterations or repairs, or cause such other work to
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be done to the extent necessary to abate the hazard or
demolish the building or structure or portions thereof as are
necessary to protect fife or property, or both, after giving such
notice to the parties concerned as the circumstances will
permit or without any notice whatever, when, in the engineer's
opinion, immediate action is necessary.
Section 9911. Notice of Substandard Property. If, in the opinion of the Building
Official, property is found to be substandard property as defined in this Chapter,
the Building Official shall give to the party concerned written notice stating the
conditions which make the property substandard.
The notice may require the owner or person in charge of the premises to remove
within 30 days, or other time limit which the Building Official may stipulate, the
conditions which cause the property to be substandard. If, in order to comply with
such notice, it is necessary to remove any vehicle or any part thereof, such notice
shall include a description of such vehicle and the correct identification number and
license number, if available at the site.
Section 9912. Combining Notices. A notice of substandard property and of a
substandard building on such property may be combined into one notice.
Section 9913.. Service of Notice. Proper service of a notice provided for in
• Sections 9910, 9911 and 9912 shall be by personal service or by registered or
certified mail upon every party concerned, by posting on the substandard building,
if any, and upon the substandard property, if any, a copy of the notice. It shall be
deemed a reasonable effort has been made to serve such notice when registered
or certified letters have been mailed to the address of the interested party as
shown on the official record. When an address is not so listed or contact cannot
be made at the listed address, the service shall be by posting on the substandard
building, if any, otherwise upon the substandard property, a copy of the notice.
The designated period within which the owner or person in charge is required to
comply with such notice shall begin as of the date the owner or person in charge
receives such notice by personal service or registered or certified mail. If such
notice is by posting, the designated period shall begin 10 days following the date
of posting.
Failure of any owner, party concerned or other person to receive such notice shall
not affect the validity of any proceedings taken hereunder.
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Section 9914. Other Interested Parties. If the Notice of Substandard Building or
Property requires the repair or demolition of any building and if the demolition or
other work necessary to remove the substandard conditions set forth in such
notice is not completed within the time specified in such notice and the Building
Official intends to directly proceed to demolish the substandard building or portions
thereof, or cause such other work to be done to the extent necessary to eliminate
the hazard or other substandard conditions which have been found to exist and,
by a document recorded in the office of the Department of Registrar-Recorder prior
to the recordation of the Declaration of Substandard Building or Property, whether
such document describes the property or not, it appears that a person other than
a party concerned has any right, title, lien or interest in the property or any portion
thereof, and such person has not previously been notified of the substandard
building or property conditions or previously been served a copy of the Notice of
Substandard Building or Property and the address of such person is known to the
Building Official or can be ascertained by the exercise of due diligence, the Building
Official shall serve a copy of the Notice of Substandard Building or Property on
such person as provided in this Chapter. Such person may request a hearing
before the Building Rehabilitation Appeals Board. The request must be made in
writing to the Board within 10 days of the receipt of the copy of the notice of
substandard building or property. If a Notice of Substandard Property does not
require the repair or demolition of any building, no notice need be given to any
person other than a party concerned.
• Section 9915. Declaration of Substandard Building or Property. The Building
Official may file with the Department of Registrar-Recorder a declaration that a
substandard building or substandard property or both have been inspected and
found to be such, as defined in this Chapter, and that all parties concerned have
been or will be so notified. The costs incurred by the Building Official in the
investigation of such properties and the processing of the declaration and
notification of concerned parties shall be as specified in the current city fee
resolution. After the Building Official finds that the public nuisance had been
abated and either that such abatement has been accomplished at no cost to the
City, or that such costs have been placed upon the tax rolls as a special
assessment pursuant to Section 25845 of the Government Code, or when the
Building Official's jurisdiction has been prompted by government acquisition of the
property, the Building Official shall record in the Department of Registrar-Recorder
a document terminating the above declaration.
• Section 9916. Posting of Signs. The Building Official may cause to be posted at
such substandard building or property a notice of substandard building or property
and/or a sign to read: SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE,
BY ORDER OF THE DEPARTMENT BUILDING AND SAFETY, CITY OF
ROSEMEAD, Such sign may contain such additional information and warnings as
in the opinion of the Building Official are expedient. Such notice or sign shall
remain posted until the required repairs, demolition, removal, barricading or
property cleanup are completed. Such notice or sign shall not be removed without
permission of the Building Official and if the substandard building has been
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ordered vacated, no person shall enter except for the purpose of making the
required repairs or of demolishing the substandard building.
•
Section 9917. Right of Hearing and Rehearing.
9917.1 Hearing. Any person having any right, title, lien or interest in the property
or any part thereof, or the Building Official, may request a hearing regarding the
substandard condition of a building or property after the building or property is
posted. A request by any person other than the Building Official shall be made in
writing to the Building Rehabilitation Appeals Board within 30 days after the building
or property is posted. All persons who desire to be heard may appear before the
Building Rehabilitation Appeals Board to show that the building or property is or
is not substandard or to show cause why the building, even if substandard, should
not be ordered barricaded, demolished, repaired, rehabilitated or vacated.
9917.2 Rehearing. A fee as specified in the current city fee resolution shall be
paid to the Building Official whenever a person requests a rehearing before the
Building Rehabilitation Appeals Board to request postponement of City action
leading to demolition, removal, barricading, property cleanup or other abatement
procedure. At such a rehearing, the Board will consider all evidence submitted
and after such consideration may find that a postponement is warranted and so
order, or may find that further postponement is unwarranted and order any
abatement work considered necessary to be performed by a specified date after
which date the Building Official shall cause such work to be performed or
completed without further notice. The Board may also find that further rehearings
are not warranted and order that no further rehearings will be granted with respect
to any or all of the required work. In the event of such order, the Building Official
shall reject any request for further rehearings and return any rehearing fees
tendered, and any such request shall be considered to have no bearing on the
matter and in no way shall they postpone any abatement action ordered by the
Board as a result of a rehearing granted under this Section. Nothing in this
Section shall prevent the Board itself or the Building Official from bringing any
matter before the Board for rehearing.
The Building Official or a person affected may be granted a rehearing without
payment of the prescribed fee, provided the Building Official first determines and
recommends that:
9917.2.1 The purpose of the rehearing is for an extension of time to complete
work ordered by the Board, and
9917.2.2 Substantial progress has been made in accordance with the intent
of the last Board order; or
9917.2.3 Circumstances warrant further review by the Board.
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The Building Official shall notify every person who has requested a rehearing of the
time and place thereof or the denial thereof as provided in Section 9920 of this
Code, except a person who has waived such notice. The Building Official may, but
is not required to, give such notice of hearing to other persons concerned.
The Building Official shall notify all persons who either have requested a rehearing
or who have corresponded with the Building official concerning the case of the
action of the Building Rehabilitation Appeals Board.
9917.3 Vehicles to Be Removed. The owner of such vehicle or the owner of the
land on which such vehicle is located may request a hearing. This request shall
be made in writing to the Building Rehabilitation Appeals Board within 10 days after
the mailing of notice of intention to abate and remove the vehicle. If the owner of
the land on which the vehicle is located submits a sworn written statement denying
responsibility for the presence of the vehicle on the land within such time period,
this statement shall be construed as a request for hearing which does not require
the presence of the owner submitting such request. If such a request is not
received within such period, the Building Official shall have the authority to remove
the vehicle.
9917.4. All persons described in Subsection 9917.1 above shall be notified that
prior to abatement of the public nuisance by the City, they are entitled to a hearing
before the Building Rehabilitation Appeals Board. However, if they do not request
• in writing a hearing before the Building Rehabilitation Appeals Board within 30 days
of notification, or if they fail to appear at such a hearing which they have
requested, they will be deemed to have waived their right to a hearing before the
Building Rehabilitation Appeals Board.
9917.5 Delegation of City Council Hearing. Pursuant to Government Code Section
25845, Subsection (f), the city council has delegated to the Building Rehabilitation
Appeals Board the hearing, prior to abatement of a public nuisance, required by
Subsection (a) of Government Code Section 25845. The Building Rehabilitation
Appeals Board will hear all such hearings, as are requested under Section 9917,
and will make written recommendations to the city city council after each hearing.
The city council may adopt the recommendations without further notice of hearing,
or may set the matter for a de novo hearing before the city council.
• Section 9918. Hearing by Building Rehabilitation Appeals Board. The Building
Rehabilitation Appeals Board shall hold a hearing and consider all competent
evidence offered by any person pertaining to the matters set forth in the report of
the Building Official.
The Building Rehabilitation Appeals Board shall make written findings of fact as to
whether or not the building or property is a substandard building or substandard
property as defined in this Chapter.
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Section 9919. Hearing Not Requested. If neither the Building Official nor any other
person requests a hearing and the substandard condition as set forth in the Notice
of Substandard Building or Property is not completed within the time specified in
such notice, the Building Official may demolish such portions of the structures, or
may cause such other work to be done to the extent necessary to eliminate the
hazards and other substandard conditions which had been found to exist.
Section 9920. Notice of Hearing. If either the building official nor any other person
requests a hearing and the substandard conditions as set forth in the Notice of
Substandard Building or Property is not completed within the time specified in
such notice, the building official may demolish such portions of the structures, or
may cause such other work to be done to the extent necessary to eliminate the
hazards and other substandard conditions which had been found to exist.
Section 9921. Form and Contents of Notice. The notice of hearing shall state:
9921.1 The street address and a legal description sufficient for identification of the
premises which is substandard or upon which the building is located.
9921.2 The condition because of which the building official believed that the
building or property is substandard.
9921.3 The date, hour, and place of the hearing.
Section 9922. Posting of Notice. The Building Official shall post one copy of the
notice of hearing in a conspicuous place on the substandard building involved, if
any, otherwise on the substandard property, not less than 10 days prior to the
hearing.
Section 9923. Order. When the Building Rehabilitation Appeals Board finds that
the building is a substandard building, it is hereby declared a public nuisance and,
based on its findings, the said Board shall order the abatement of this nuisance by
barricading, demolition, repair or rehabilitation of the substandard building or
portion thereof or at the option of the party concerned, by the demolition or
demolishment thereof. The order also may require that the substandard building
be vacated.
The order shall state a reasonable time within which the work shall be completed
• which shall not be less than 10 days after the service of this order. The Board, for
good cause, may extend the time for completion in writing.
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Section 9924. Order - Substandard Property. When the Board finds that any
property is substandard property, it is hereby declared a public nuisance and,
based on its findings, the said Board shall order the abatement of the nuisance by
such means as the said Board deems most feasible. If such means include the
removal of any vehicle or any part thereof, such order shall include a description
of such vehicle and the correct identification number and license number, if
available at the site.
Section 9925. Work by Private Party. Any person having the legal right to do so
may repair or demolish a substandard building or do any other work required to
remove the substandard conditions at any time prior to the time when the City
does so, but if such person does such work after the time specified in the Notice
of Substandard Building or Substandard Property if no hearing was requested,
otherwise, after the time specified in the last order of the Building Rehabilitation
Appeals Board, all costs incurred by the City in preparation for the doing of such
work are chargeable to the property and shall be collected as provided in Section
9928 and Section 9929.
If such work is completed after the Building Official or purchasing agent has
awarded a contract for such work, the contractor shall receive the Contract
Cancellation Fee as specified in the current city fee resolution, for the Building
Official's overhead and incidental expenses, unless specifically excluded by
contract, and said fee plus the amount specified in Section 9927 shall be the costs
• incurred by the City. If such work is completed before the Building Official or
purchasing agent has awarded a contract, the amount specified in Section 9927
shall be the costs incurred by the City.
Section 9926. Work by City.
9926.1 Procedures. If the order of the Board requires the repair or demolition of
any building, the order of the Board is not complied with within the period
designated by the Board and the public records show that there is any person who
has any right, title or interest in the property or any part thereof by virtue of a
document duly recorded prior to the recordation of the Declaration of Substandard
Building or Property, whether such document describes such property or part
thereof, or not, and such person has not been previously notified of the action of
the Board during the processing of the case, the Building Official shall serve upon
such person as provided in Section 9920 a notice of the action of the Board which
• notice also shall contain a statement that the City will demolish the building or take
such other action as may be necessary to remove the substandard conditions
unless such person, within 10 days, requests, in writing, a hearing. If such person
requests such a hearing the Board shall hold such hearing as provided in this
Chapter at which hearing the Board shall redetermine the facts and make a new
order as provided in Section 9923 and the former order shall cease to be of any
force or effect. If any Board order made pursuant to Section 9923 or 9924 and not
superseded, or any order made pursuant to this Section is not complied with within
the period designated, the Building Official may then demolish the substandard
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building or portions thereof, or may cause such other work to be done to the
extent necessary to eliminate the hazard and other substandard conditions
determined to exist by the Board. If the order of the Board does not require the
repair or demolition of any building, no notice of such order need be given to any
person other than the parry concerned.
9926.2 Emergency Procedures. When in the opinion of the Building Official a
substandard structure or portion thereof is an immediate hazard to fife and
property, and the abatement of such hazard requires action pursuant to the
exception in Section 9910, the Building Official may then demolish the substandard
building, or portion thereof, or may cause such other work to be done to the extent
necessary to eliminate the hazard.
Sec. 9927. Costs. The costs involved in the demolition or other work by the
Building Official, including, in addition to other costs, the applicable processing
costs as set forth in the current city fee resolution, shall become a special
assessment against the property.
Section 9928. Notification of Costs. The Building Official shall notify, in writing, all
parties concerned and all persons notified pursuant to Section 9914, 9917, or 9926
of the amount of such assessment resulting from such work. Within five days of
the receipt of such notice any such party concerned and any other person having
any right, title, or interest in the property or part thereof may file with the Building
• Official a written request for a hearing on the correctness or reasonableness, or
both, of such assessment.
Any such person who did not receive a notice pursuant to Section 9910, Section
9911, Section 9914 or Section 9920, and who has not had a hearing on the
necessity of the demolition or other work, in such request for hearing also may ask
that such necessity be reviewed. The Building Rehabilitation Appeals Board
thereupon shall set the matter for hearing, give such person notice thereof as
provided in Section 9914, hold such hearing and determine the reasonableness or
correctness of the assessment, or both, and if requested, the necessity of the
demolition or other work. The Building Rehabilitation Appeals Board shall notify
all such persons of its decision in writing.
If the total assessment determined as provided for in this Section is not paid in full
within 10 days after mailing of such notice by the Building Official, the Building
• Official shall place such charge as a special assessment on the tax bill for the
property pursuant to Section 25845 of the Government Code.
Section 9929. Collection. The assessment shall be collected at the time and in
the same manner as ordinary County taxes are collected, and shall be subject to
the same penalties and the same procedure and sale in case of delinquency as
provided for ordinary County taxes. All laws applicable to the levy, collection and
enforcement of County taxes shall be applicable to such special assessment.
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Section 9930. Salvage. If a building is demolished or necessary work done by the
City pursuant to the provisions of this Chapter, the value of any salvage resulting
from such demolition or other work may be applied to the cost of such work as
follows:
9930.1 If the City enters into a contract with a private contractor, the City may
provide in such contract that as a part of the consideration for the services
rendered, the contractor shall take title to such salvage.
9930.2 If the contract does not so provide or if the City does the work without
such a contract, the City may take title to such salvage and credit the reasonable
value thereof on the costs incurred by the City. In any hearing pursuant to this
Section to determine the reasonable cost of doing the work, the Building
Rehabilitation Appeals Board also may determine the reasonable value, if any, of
such salvage.
This Section is permissive only and does not require that the value of such salvage
be applied to the cost of the work.
Section 9931. Interference Prohibited. A person shall not obstruct, impede or
interfere with the building official or any representative of the building official, or
with any person who owns or holds any interest or estate in a substandard
building which has been ordered by the building official or by the Building
Rehabilitation Appeals Board to be barricaded, repaired, vacated and repaired or
vacated and demolished or removed, or in any substandard property whenever the
building official or such owner is engaged in barricading, repairing, vacating and
repairing, or demolishing any such substandard building or removing any
substandard conditions, pursuant to this Chapter, or in the performance of any
necessary act preliminary to or incidental to such work, or authorized or directed
pursuant hereto.
Section 9932. Prosecution. In case the owner shall fail, neglect or refuse to
comply with the directions in the Notice of Substandard Building or Substandard
Property (if neither the owner nor any other person requests a hearing) or with any
order of the Building Rehabilitation Appeals Board, the owner shall be guilty of a
misdemeanor and the building official may cause such owner of the building or
property to be prosecuted as violator of this code.
Section 9933. Other Abatement Procedures. The provisions of this Chapter shall
not in any manner limit or restrict the City from enforcing City Ordinances or
abating public nuisances in any other manner provided by law.
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Section 9934. Vehicles.
9934.1 Adoption by Reference of Section 22661 of Vehicle Code. All of the
provisions of this Chapter relating to the abatement and removal, as public
nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof from private property are enacted pursuant to Vehicle Code Section 22661.
All of the provisions of Section 22661 of the Vehicle Code are hereby adopted by
reference as a part of this Ordinance. In the case of any conflict between the
provisions of this Chapter and the provisions of said Section 22661, the provisions
of said Section 22661 shall prevail.
9934.2 Notification of Department of Motor Vehicles. Within five days after the
City or any officer thereof removes, pursuant to this Chapter, any vehicle or a part
thereof, the Building Official shall so notify the Department of Motor Vehicles
identifying the vehicle or part thereof.
9934.3 Notification of Highway Patrol. Not less than 10 days before the hearing
provided for in Section 9920 the Building Official shall notify the California Highway
Patrol thereof identifying the vehicle or part to be removed.
9934.4 Not to Be Reconstructed. A person shall not reconstruct or make
operable any vehicle which has been removed by the City pursuant to this
Chapter.
• 9934.5 Exceptions. A vehicle or any part thereof shall not be removed pursuant
to this Chapter if such vehicle or part is:
9934.5.1 Completely enclosed within a building in a lawful manner where it is
not visible from the street, highway or other public or private
property, or
9934.5.2 Stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, licensed
vehicle dealer or junkyard. This exception does not authorize the
maintenance of a public or private nuisance.
9934.6 Registration of Vehicle. If any vehicle is removed pursuant to this Chapter,
the Building Official shall forward to the Department of Motor Vehicles any evidence
• of registration available, including registration certificates, certificates of title and
license plates.
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9934.7 Proof of Nonresponsibility. The owner of any land upon which a vehicle
which has been removed was located may appear in person at any hearing
provided for in this Chapter or present a written statement in time for consideration
at such hearing and deny responsibility for the presence of the vehicle on the land
with reasons for such denial. If it is determined at the hearing that the vehicle was
placed on the land without the consent of the land owner and that the land owner
has not subsequently acquiesced in its presence, then the City shall not assess
costs of administration or removal of the vehicle against the property upon which
the vehicle was located or otherwise attempt to collect such costs from such
owner.
8104 REQUIREMENT FOR CONSTRUCTION OF SIDE WALKS, CURBS AND
GUTTERS AND PLANTING OF STREET TREES IN CONJUNCTION WITH
BUILDING CONSTRUCTION.
(a) The city council finds that there are areas in all zones within the City of
Rosemead where sidewalks, curbs, gutters and street trees are lacking (or in such
condition as to need repair or replacement). The lack of adequate sidewalks,
curbs, gutters and street trees is detrimental to the public health, safety and
welfare by the creation of pedestrian and vehicular traffic hazards, poor drainage
and difficulty in street cleaning and maintenance; that the construction of additional
buildings, dwellings, additions, garages, or accessory buildings, will, in most
instances, substantially aggravate or add to such traffic, drainage, street cleaning
and maintenance problems, unless sidewalks, curbs, gutters and street trees are
• provided in conformity with present standards of the city, and that the public
health, safety and welfare will be best protected and served by requiring the
construction of sidewalks, curbs and gutters, and the installation of street trees in
all instances of new construction.
(b) Any owner, lessee, occupant or agent constructing or causing the
construction, in any zone, of any building, dwelling, building addition or repair
(whether interior or exterior), garage, carport or other accessory building or
structure (excluding swimming pools) estimated by the Building Department on
building plans to have a value of $10,000. or more (except building permits for
reconstruction as a result of fire damage or acts of God such as,
earthquakes, and storms), shall close all driveway approaches not in use or
which are considered unsafe for ingress or egress; shall construct sidewalks,
curbs, gutters and shall install street trees in accordance with city standard, unless
• sidewalks, curbs, gutters and street trees already exist, on the street_frontage of
the parcel of land on which the building or structure is to be constructed; and such
improvements substantially conform to city standards and are in good condition
and repair; except that on lots exceeding one-half acre in size, said sidewalks,
curbs, gutters and street trees need be installed only along that portion of the
subject lot. Removal of existing street trees located where establishment of
sidewalk, curb or gutter is required shall be provided by the city.
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(c) When public right of way is needed to establish sidewalks, curbs, gutters and
street trees to city standards, the applicant shall, prior to the issuance of a building
permit, submit an irrevocable offer to dedicate the necessary street frontage.
(d) The director of planning and the building inspector shall not issue a Certificate
of Occupancy nor accept any structure for public utility connection, nor approve
any structure or improvement for use unless and until the provisions of the section
have been complied with or a bond or cash in sufficient sums to insure the
installations required in subsection (b) hereof is filed with and accepted by the
planning department of the city, or modification therefrom has been obtained,
pursuant to the provisions of Section 8105 of this Code.
8105 LIMITED MODIFICATION PROCEDURE IN CONNECTION WITH
BUILDING CODE REQUIREMENTS FOR CONTRUCTION OF SIDE WALKS,
CURBS, GUTTERS AND PLANTING OF STREET TREES IN CONJUNCTION
WITH BUILDING CONSTRUCTION.
(a) Any person desiring to obtain a modification from the provisions of Section
8104 of this Code (Requirement for Construction of Sidewalks, Curbs, and Gutters,
and Planting of Street Trees in Conjunction with Building Construction) may file
with the planning commission a written application. The planning commission shall
give the applicant for such modification an opportunity to be heard if he so desires,
and thereafter may grant or deny the application for the modification, or may grant
the same upon such conditions as the planning commission deems necessary for
the preservation of the safety, health or property of the general public.
(b) The planning commission upon such application, or on its own motion, may
grant a modification from the provision of Section 8104 for one or more of the
following reasons:
The construction of sidewalks, curbs or gutters or installation of street trees,
in the area involved is included in a budgeted city project or within an
approved assessment district.
2. Because of the peculiar circumstances of the property, the development of
the surrounding property, or because of other similar reasons such
sidewalks, curbs, gutters, or street trees can be best constructed or
installed through use of an assessment proceeding.
3. Because of the location of the property the terrain or condition thereof, or
other similar reasons, the construction of sidewalks, curbs or gutters or
installation of street trees, would be impractical or unnecessary or would
impose undue hardship on the owner of the property.
(c) Within fifteen (15) days after receipt of written notice of the decision of the
planning commission concerning such modification application, any person
affected thereby may appeal to the city council, by filing a notice of appeal with the
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city clerk. Except in case of an appeal filed by a governmental body or school
district, such notice of appeal shall be accompanied by a $50.00 filing fee.
(d) Unless the city council, within thirty (30) days after notice of appeal has been
filed, determines to grant a hearing or to refer the matter back to the planning
commission for rehearing the appeal shall be deemed dismissed and the decision
of the planning commission shall thereupon become final.
(e) If the city council determines to hear the appeal, ten (10) days written notice
of such hearing shall be mailed by certified mail to the appellant and to all persons
who requested such notice at the time of the hearing upon the application for
modification before the planning commission.
(f) The city council may consider the appeal on the record, if any, made before
the planning commission, or de novo; and thereafter the city council may refer the
matter back to the planning commission for further consideration or may reverse,
affirm or modify the decision of the planning commission subject to the same
standards and limitations imposed upon the planning commission by this section.
Except as herein expressly otherwise provided, the decision of the city council shall
be final.
SECTION 3 ELECTRICAL CODE
The Rosemead Municipal Code is amended by adding new Sections 8200 through
• 8203 to read as follows:
8200 ADOPTION OF ELECTRICAL CODE.
Except as hereinafter provided, the National Electrical Code, 1993 Edition,
sponsored by the National Fire Protection Association is hereby adopted by
reference and shall constitute and may be cited as the Electrical Code of the City
of Rosemead.
A copy of the 1993 National Electrical Code has been deposited in the office of the
city clerk and shall be at all times maintained by the clerk for use and examination
by the public.
8201 DEFINITIONS. Whenever any of the following names or terms are
. used in the Rosemead Electrical Code, each such name or term shall be
deemed and construed to have the meaning ascribed to it in this section as
follows:
• Building official shall mean the building official except in Section 80-4 of said
Electrical Code.
County, County of Los Angeles or unincorporated areas of the County of
Los Angeles shall mean the City of Rosemead.
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Maintenance Electrician shall mean a person holding a valid certificate of
registration as maintenance electrician issued by the County of Los Angeles
as set fourth in Sections 80-10 and 82-8(c) of Title 27, Los Angeles County
Electrical Code, or a person otherwise determined to be qualified by the
building official.
• Special Inspector shall mean a person holding a valid certificate of
registration as special inspector issued by the County of Los Angeles as set
forth in Section 82-14(a) of Title 27, Los Angeles County Electrical Code, or
a person otherwise determined to be qualified by the building official.
8202 ELECTRICAL CODE FEES. Notwithstanding the provisions of section
8200 of the Rosemead Municipal Code, fees for plan check, inspection and
other miscellaneous services shall be based on the most current fee set forth
by Los Angeles County Title 27 Fees and shall be increased by fifty percent.
8203 VIOLATIONS. Every person who violates any of the provisions of this
chapter is guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this Chapter is
committed, continued, or permitted, and upon conviction is punishable by a
fine not exceeding $1,000 or by imprisonment in the County Jail for a period
not exceeding six (6) months or by both such fine and imprisonment.
8204 'ADMENDMENT TO THE ELECTRICAL CODE. Notwithstanding the
• provisions of section 8200, the Electrical Code is amended by adding Section
80-2 through 83-8 to read as follows:
Article 80 - General Provisions
Section 80-2. Purpose. The purpose of this Code is to provide minimum
standards to safeguard the public's safety and welfare by regulating the design,
construction, installation, quality of materials, use, location, operation and
maintenance of electrical systems, equipment and appliances as specifically set
forth herein. Consistent with this purpose, the provisions of this Code are intended
and always have been intended to confer a benefit on the community as a whole
and are not intended to establish a duty of care toward any particular person.
This Code shall not be construed to hold the City or any officer, employee or agent
thereof responsible for any damage to persons or property by reason of any
inspection authorized herein or by reason of the issuance or nonissuance of any
permit authorized herein, and/or for any action or omission in connection with the
application and/or enforcement of this Code. By adopting the provisions of this
Code, the City does not intend to impose on itself, its employees or agents any
mandatory duties of care toward persons and property within its jurisdiction so as
to provide a basis of civil liability for damages.
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This section is declaratory of existing law and is not to be construed as suggesting
that such was not the purpose and intent of previous Code adoptions.
Section 80-3. Scope. The provisions of this Code shall apply to the construction,
alteration, moving, repair and use of any electrical wiring on any premises within
the City of Rosemead.
The Provisions of this Code shall not apply to public utilities; or to electrical wiring
for street lighting or traffic signals located primarily in a public way; or to
mechanical equipment not specifically regulated in this Code.
Section 80-4. Building official. The office of the building official exists in the
Building and Safety Division of the City of Rosemead. The building official shall
administer the provisions of this Code under the superintendence and control of
the building official, and shall be well versed in approved methods of electrical
construction for safety to life and property, the statutes of the State of California
relating to electrical work the ordinances of the City of Rosemead relative thereto,
and the National Electrical Code as amended from time to time.
Section 80-5. Use of Terms. Whenever the term "Building official" is used in any
section of this Code other than Section 80-4, such term shall be construed to
mean the building official or his authorized representative.
• Section 80-6. Public Utilities Exempted. The provisions of this Code shall not
apply to any electrical work performed by or for any electrical corporation,
telephone corporation, telegraph corporation, railroad corporation or street railroad
corporation on or with any electrical equipment owned or controlled and operated
or used by, and for the exclusive benefit of, such corporation in the conduct of its
business as a public utility, or to any other work which any such corporation may
be entitled by law to perform without payment of any local tax; but all provisions
of this Code shall apply insofar as they may consistently with the above be
applicable to all other electrical work performed by or for any such corporation.
The terms "electrical corporation," "telephone corporation," "telegraph corporation,"
" railroad corporation," and "street railroad corporation," are herein used as said
terms are respectively defined in the Public Utility Code of the State of California;
and such terms shall also be deemed to include similar utilities which are
municipally or governmentally owned and operated.
• Section 80-7. Governmental Agencies. The provisions of this Code shall cover,
govern and control the installation, alteration or repair of any electrical wiring,
connection, fixtures, sockets, appliances, apparatus, machinery or other electrical
devices by or on behalf of the City of Rosemead or any department or officer
thereof or by or on behalf of any school district or any quasipublic or political
corporation or governmental agency or body, on said premises not owned by a
public school district within said unincorporated territory.
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Section 80-8. Validity. If any provision of this Code, or the application thereof to
any person or circumstance, is held invalid, the remainder of the Code, or the
application of such provision to other persons or circumstances, shall not be
affected thereby.
Section 80-9. Liability. The liability and indemnification of the building official and
any of his subordinates are governed by the provisions Division 3.6 of Title 1 of the
Government Code.
Section 80-10. Definitions. For the purpose of this Code, certain terms, phrases,
words, and their derivatives shall be construed as set out in this Section. Words
used in the singular include the plural and the plural the singular.
Apartment House is any building or portion thereof, which is designed, built,
rented, leased, let or hired out to be occupied or which is occupied as the
home or residence of three or more families living independently of each
other and doing their own cooking in the said building, and shall include
flats and apartments.
Approved means acceptable to the building official.
Building is any structure built for the support or shelter of persons, animals,
chattels, or property of any kind.
• • Dwelling is any building or any portion thereof which is not an "Apartment
House" or a "Hotel" as defined in this Code, which contains one or more
"Apartments" or Guest Rooms," used, intended or designed to be built,
used, rented, leased, let or hired out to be occupied, or which are occupied
for living purposes.
• Dwelling Unit is one or more habitable rooms which are occupied or which
are intended or designed to be occupied by one family with facilities for
living, sleeping, cooking and eating.
• Electric or Electrical Wiring means the installation or the alteration of any
material, fixture, device, appliance or equipment in or on any building,
structure or premises, used or designed or intended to be used to
generate, transmit, transform or utilize electric energy.
• Grade (adjacent ground elevation) is the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between
the building and the property line or, when the property line is more than
five feet (1525mm) from the building, between the building and a line five
feet (1525 mm) from the building.
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• Hotel is any building containing six or more rooms intended or designed to
be used, or which are used, rented or hired out to be occupied, or which
are occupied for sleeping purposes by guests.
• Maintenance Electrician is an electrician regularly employed and registered
in accordance with the provisions of this Code.
• Person is an individual human being, a firm, partnership or corporation, his
or their heirs, executors, administrators, assigns, officers or agents: the City
of Rosemead, and local agency as defined in Section 53090 of the
Government Code, or officer thereof.
• Service. For purposes of interpreting the National Electrical Code (NEC),
each service drop or lateral to a building shall be considered one service.
For purposes of determining the fees to be paid, each service and piece of
service equipment shall be subject to the fees set forth in Article 82.
• Service Equipment includes one or more fused switches, enclosed circuit
breakers, panelboards, switchboards, and/or switchgear supplied by one
service and intended to constitute the main control and means of cut-off of
the electrical supply. One service may include several pieces of service
equipment. Permit fees shall be paid for each piece of service equipment.
• • Special Permission is the written consent of the building official.
• Tenant Improvement (Electrical) means electrical work altering or adding to
the wiring system of an existing tenant space, whether previously occupied
or not, in a building that has previously passed final electrical inspection
regardless of whether the building is a fully developed building or only a
shell.
Article 81 - Duties of Building official
Section 81-1. General. The building official shall administer and enforce the
provisions of this Code in a manner consistent with the intent thereof.
Section 81-2. Plans and Permits. The building official may require the submission
of plans and specifications, drawings, descriptions and diagrams as, in his
• judgement appropriate, to show clearly the character, kind and extent of electrical
work covered by an application for a permit. When the building official is satisfied
that the plans submitted comply with the provisions of the Code and that the
required fees have been paid, then the applicant shall be issued the appropriate
permit.
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Approval of a plan and/or the issuance of a permit shall not be construed to be
an approval of a violation of the provisions of this Code or of other laws. Plans or
permits presuming to give authority to violate or cancel the provisions of this Code
or of other laws are not valid, except insofar as the work therein authorized is
lawful. See Article 82 for requirements regarding plans, permits and fees.
Section 81-3. Not Used.
Section 81-4. Inspection. All construction or work for which a permit is required
by this Code shall be subject to inspection and approval by the building official.
See Article 82 for inspection requirements.
Approval as a result of an inspection shall not be construed to be an approval of
a violation of the provisions of this Code or other laws. Inspections presuming to
give authority to violate or cancel the provisions of this Code or other laws shall
not be valid, except insofar as the work therein is lawful.
It shall be the duty of the permit applicant to cause the work to remain accessible
and exposed for inspection purposes. Neither the building official nor the
jurisdiction shall be liable for any expense entailed in the removal or replacement
of any material required to allow inspection.
Section 81-5. Certificates of Approval. The building official shall issue upon
request of Certificate of Approval for any work approved by him.
Section 81-6. Investigation. The building official may investigate any construction
or work regulated by this Code, and issue such notices and orders as provided
in Section 81-9, 81-10 and 81-11.
Section 81-7. Records and Retention of Plans. The building official shall keep
records of all the essential transactions of this office. One set of approved plans
shall be retained by the building official for a period of not less than 90 days from
date of completion of the work covered therein.
Section 81-8. Right of Entry.
(a) Whenever it is necessary to make an inspection to enforce any of the
provisions of or perform any duty imposed by this Code or other applicable law,
• the building official or his authorized representative hereby is authorized to enter
such property at any reasonable time and to inspect the same and perform any
duty imposed upon the building official by this Code or other applicable law;
provided that
if such property be occupied, he shall first present proper credentials to the
occupant and request entry explaining his reasons therefor; and
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2. if such property be unoccupied, he shall first make a reasonable effort to
locate the owner or other persons having charge or control of the property
and request entry, explaining his reasons therefor.
If such entry cannot be obtained because the owner or other person having
charge or control of the property cannot be found after due diligence or if entry is
refused, the building official or his authorized representative shall have recourse
to every remedy provided by law to secure lawful entry and inspect the property.
(b) Notwithstanding the foregoing, if the building official or his authorized
representative has reasonable cause to believe that the building or premises is so
hazardous, unsafe or dangerous as to require immediate inspection to safeguard
the public health or safety, he shall have the right to immediately enter and inspect
such property, and may use any reasonable means required to effect such entry
and make such inspection, whether such property be occupied or unoccupied and
whether or not permission to inspect has been obtained. If the properly be
occupied, he shall first present credentials to the occupant and demand entry,
explaining his reasons therefor and the purpose of his inspection.
(c) "Authorized representative" shall include the officers named in Section 80=5 of
this Code and their authorized inspection personnel.
(d) No person shall fail or refuse, after proper demand has been made upon him
• as provided in the subsection, to promptly permit the building official or his
authorized representative to make any inspection provided for by Subdivision (b)
of the Subsection. Any person violating this subdivisions shall be guilty of a
misdemeanor.
Section 81-9. Reinspection. The building official is hereby authorized an
empowered to make at such times and as often as in his discretion it may seem
necessary, thorough reinspection of the installation in or on any building, structure
or premises of all electrical wiring, electrical devices and electrical material now
installed or that may hereafter be installed.
When the installation of any such wiring device or material is found to be in
violation of this Code, the person, firm, corporation or governmental agency
owning, using or operating the same shall be notified in writing and shall make the
necessary repairs or changes required to place such wiring, device or material in
compliance with this Code and to have such work completed within a period of 10
days after such notice, or within such other reasonable period specified by the
building official in said notice and shall pay such fees as are required by this Code.
Section 81-10. Authority to Disconnect. The building official is hereby empowered
to disconnect or to order in writing the discontinuance of electrical service to
wiring, devices or materials found to be dangerous and a hazard to life, health and
property until the installation of such siring device or material has been made safe
as directed by the building official.
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Any person, firm, corporation, public utility, political subdivision or governmental
agency ordered to discontinue such electrical service shall do so within 24 hours
after the receipt of such written notice and shall not reconnect such service or
allow or cause the same to be reconnected until notified to do so by the building
official. Refusal or failure or neglect to comply with any such notice or order shall
be considered by the building official a violation of this Code. The building official
may then institute any appropriate action or proceeding to prevent, restrain, correct
or abate the refusal to comply with any such notice or order.
Section 81-11. Stop Orders. Whenever any work regulated by this Code is being
done contrary to the provisions thereof, the building official may order the work
stopped by notice in writing served on any persons engaged in doing or causing
such work to be done. And any such persons shall forthwith stop such work until
authorized by the building official to proceed with the work.
Article 82 - Permits and Inspection
Section 82-1. Permit Required. A person, whether acting as principal, servant,
agent or employee, shall not do or cause or permit to be done any electrical work
regulated by this Code without first securing a permit from the building official
authorizing him so to do.
Section 82-2. Time Limit. Every permit issued under the provisions of this Code
shall expire by limitation and become null and void if the work authorized by such
permit is not commenced within one year from the date of such permit or if the
work authorized by such permit is suspended or abandoned for a period of one
year or more at any time after the work is commenced. Before such work can be
commenced or recommenced, a new permit shall be first obtained.
Section 82-3. Work Requiring a Permit. No person shall install, alter, reconstruct
or repair any electrical wiring, devices, appliances, apparatus, or equipment, within
or on any building, structure or premises without first obtaining a permit therefor
from the building official, except as follows:
(a) Minor repair work such as the replacement of lamps, switches, receptacle
devices, sockets, taping bare joints and the like, or the connection of portable
motor and appliances to suitable receptacles which have been permanently
installed.
40 (b) The wiring for temporary theater, motion picture or television stage sets.
(c) The repair or replacement of fixed motors, transformers, apparatus, or
appliances of the same type and rating in the same location.
(d) Electrical wiring, devices, appliances, apparatus, or equipment operating at
less than 25 volts and not capable of supplying more than 50 watts of energy.
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(e) Low-energy power, control, and signal circuits that are not an integral part of
an appliance and in which the power is limited from a source having a rated output
of not more than 30 volts and 1,000 volt-amperes.
2
(f) Temporary Christmas decorative lighting.
(g) The installation of temporary wiring for testing or experimental purposes within
suitable facilities.
(h) Repair or replacement of overcurrent devices.
(i) Portable generators, motors, appliances, tools, power outlets, and other
portable equipment connected by means of a cord or cable having an attachment
plug.
Q) The installation by Southern California Edison Company of radio-controlled
relays on privately owned air conditioning and agricultural irrigation pumping
equipment in the company's pilot program of energy conservation through
electrical load management, entitled "Air Conditioner Cycling and Agricultural and
Pumping Interruptible Programs"; provided that:
1. The relays shall be tested and labeled by Underwriters' Laboratories, Inc
0 2. The building official shall approve of specifications for the installation of the
relays.
3. The relays shall be installed and maintained by Southern California Edison
Company or its contractors.
4. The Southern California Edison Company shall make available for random
inspection, upon request of and by the City, designated relay installations
to ensure Code compliance.
(k) Private telephone, intercom, sound and communication systems; provided,
however, that a permit shall be obtained for the power supplies required by the
above systems.
Notwithstanding the foregoing, all electrical wiring and equipment shall comply with
Section 83-2 of this Code.
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Section 82-4. Application for Electrical Permits. Applications for an electrical
permit shall describe the work to be performed on the form provided and shall give
the location either by street ahd house number, by lot, block and tract, or similar
description that will readily identify and definitely locate the proposed work. A
separate application shall be required for each building or structure.
EXCEPTION: Application for single-family dwellings may include all
accessory buildings such as garages, sheds, guest houses,
and the like that are located on the same lot and erected at
the same time as the main building.
The applicant for electrical permits for work exceeding two hundred dollars ($200)
in value shall be a licensed contractor, registered maintenance electrician,
homeowner, or authorizing government representative.
EXCEPTION: If the building official determines that there is an urgent
necessity, he may, in his discretion, consider an application
for an electrical permit prepared by persons other than those
specified above.
The building official may refuse to issue a permit for
temporary or permanent service when there is no
apparent legally permitted use for the service. In
• determining whether a proposed use is legally
permitted, the building official may consider not just the
provisions of the Electrical Code but all applicable
statutes, ordinances, rules and regulations.
(a) Licensed Contractor. A licensed contractor is a person who is engaged in the
business of installing or repairing electrical wiring or equipment or who does, or
who holds himself out as willing to do personally or through his employees any
work or services in connection with the installation, alteration or repair of any
electrical wiring or equipment or part hereof and who possesses an appropriate
contractor's license pursuant to Chapter 9, Division 3 of the Business and
Professions Code of the State of California when such license includes within its
classification limitations the activities set forth on the application for permit and
entitles the licensee to perform personally or through his employees all such
• activities without personal local qualification or registration.
A permit may be issued to a firm, partnership, or corporation, any officer or
member of which is a licensed contractor, in the event that all construction or work
is done under the direct personal supervision of such officer or member.
(b) Registered Maintenance Electrician. A registered maintenance electrical is a
person possessing a valid Certificate of Registration issued by the building official.
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A Certificate of Registration as maintenance electrician upon application therefor,
may be issued to any person regularly employing one or more electricians for the
purpose of installation, alteration or maintenance of electrical wiring, or equipment
on his own premises. The application for such certificate shall be made in writing
by a responsible officer of the firm and shall designate one or more persons as
registrant.
A registration fee shall be paid for each maintenance electrician as set forth in this
Code. All such work shall be installed and done in accordance with the provisions
of this Code and such work shall be subject to permits, fees, and inspection to the
same extent as all other similar work for which such inspection is provided.
The firm shall keep a record of all work performed under the maintenance
certificate showing the nature and location of the work and such records shall be
made available to the building official.
(c) Homeowner. A homeowner is the owner and resident of a single-family
residence including common accessory and minor poultry, animal or agricultural
buildings. A permit may be issued to such homeowner, provided that work
authorized under any such permit shall be done by the person to whom the permit
is issued, or by a member of his immediate family.
Should any provisions of subsection (a), (b) or (c) be violated the permit shall be
• subject to immediate cancellation. This permit cancellation is in addition to any
other enforcement provisions or penalties provided for this Code.
(d) Government Representative. A government representative is a person who is
employed by and who has been authorized by a governmental agency to
supervise or control electrical work on the premises of such agency.
(e) Special Permission. When there appears to the building official an urgent
necessity, an electrical permit may be issued to other persons by special
permission.
Section 82-5. Plans. Each application for electrical permit shall be accompanied
by plan, specifications, diagrams, or calculations, as required by the building
official. When a plan checking fee or other fees are required by this or any related
• ordinance or statute, such fees shall be collected at the time plans are filed. Plans
may be filed by a registered electrical engineer, licensed contractor, maintenance
electrician, government representative or authorized owner's representative. The
plans shall bear the designer's signature as required by State of California
Regulations.
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Section 82-6. Electrica/ Permits. The application, plans and specifications filed as
required, shall be checked by the building official, and if found to be in conformity
with the requirements of this Code and all other laws or ordinances applicable
thereto, the building official shall, upon receipt of the required fee, issue a permit
therefor.
Section 82-7. Plan Check Fees.
(a) Plan Check Fee. Plans are required to be submitted for any of the work
described below. The plan check fees shall be paid when the plans are submitted
for review, said fee shall be 50 percent (50%) of the required electrical permit fee.
With respect to the work described below no wiring shall be installed, nor any
other work for which a permit is required shall be done, until the plans have been
approved. Only after the plans have been approved may the applicant apply for
an electrical permit for such work. Plans are required for the following:
Any installation where one or more services, switchboards, motor control
centers or feeders have a rating of 400 amperes or larger at 600 volts or
less;
2. Any installations rated above 600 volts;
3. Theaters or motion picture theaters;
• 4. Assembly rooms or similar places having a assemblage or seating capacity
exceeding 500 persons;
5. A hospital or other health care facility with surgical operating rooms falling
within the scope of Art. 517 of the National Electrical Code;
6. Installations in locations classed as hazardous locations by the provisions
of Chapter 5 of the National Electrical Code, unless otherwise satisfactory
to the Building and Safety Division. When the installation is designed
and/or supervised by an electrical engineer who is duly registered by the
State of California Board of Registration for Civil and Professional Engineers,
and/or supervised by a qualified maintenance electrician or supervisor
registered with the County of Los Angeles as per Section 82-4(b) of this
Code, plans need not be approved unless otherwise required by
Subsections (b)(1) through (5) above.
7. Installation of lighting fixtures weighing more than 300 pounds.
EXCEPTION: The above requirements do not apply to minor
additions or alterations where satisfactory to the
Building and Safety Division.
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8. Tenant improvement installations submitted within six months of the
approval date of shell building electrical plans.
9. Tenant improvement installations requiring review to verify compliance with
the State's Electrical Energy Conservation requirements (Title 24). This
energy plan check is in addition to the plan check required in Subsection
(b) (8) above.
In addition to the aforementioned fees, the building official may require additional
charges for plan check services beyond the initial and second check when such
additional work is due to changes, omissions or errors on the part of the plan
check applicant.
When the building official determines that an identical electrical design is evident
in more than one building or structure in a single project, the plan checking fees
for the design of the first building or structure will be as set forth in city fee
resolution. Plan checking fees for other buildings and structures with identical
electrical designs in the same project will be equal to 70 percent (70%) of the plan
checking fee for the first building or structure. Such fees shall be paid at the time
an application is made for an identical building or structure.
A new application shall be filed, and new plan checking fees paid, if the original
plan are not approved within one year of the date of the first plan check submittal.
• (b) Information Required on Plans.
Every plan required by Section 82-7(a) shall be a print or other type
approved by the Electrical Section of the Building and Safety Division. The
information contained on the plans shall be drawn in a professional manner,
be clearly legible and contain the information required in Subsection (2)
below. The plans for the electrical wiring in a building shall be of a scale no
smaller than one-eighth inch per foot. Reasonable symbols satisfactory to
the Division shall be used in all plans.
EXCEPTION: A scale less than one-eighth inch per foot may be used
where acceptable to the Division.
2. The following is required to be shown on the plans for the wiring
0 installations described in Section 82-7(a):
A complete plan showing the layout of the proposed electric wiring for each
floor, including dimensions of all working spaces, and a legend of all
symbols used;
A complete single line diagram;
The type, location and capacity of all service equipment;
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The size and the length of all service raceways to the manhole, vault or pole
of the serving agency or to the service head;
The size of all raceways and the length of all feeder raceways;
The dimensions of all pull or junction boxes larger than four inches trade
size;
The number, size and type of all conductors to be installed in wiring
enclosures;
The location of every proposed outlet and switch in all parts of the building
or structure, including all fixed showcases, wall cases, office furnishings,
and similar wiring;
The wattage or ampere rating of each outlet for noninductive loads and the
volt-ampere rating of each unit or transformer for electric discharge lighting;
The location, voltage and H.P. rating of every motor and the K.W. rating of
every generator.
The type and code letter of every AC motor unless an alternate specification
is otherwise satisfactory to the building official.
The location and KVA or equivalent rating of each transformer, capacitor,
ballast, converter, frequency changer and similar equipment; and the
location and ampere or wattage rating of other appliances of the
noninductive type;
Details of panel board, switchboard and distribution centers, showing type
and arrangement of switches, overcurrent devices, and general control
equipment;
Panelboard, switchboard and motor control center schedules, showing
wattage and amperage, the number of active branch circuits to be installed,
and the number of spare branch circuits for future use. This shall included
identifying the circuits to which the outlets are connected and listing the
number and type of outlets.
A lighting fixture schedule;
The existing load, as calculated in accordance with Articles 210 and 220 of
the NEC or by other methods satisfactory to the building official shall be
indicated for existing installations having alterations or additions made
thereto;
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Other additional information as the building official may consider necessary
for proper enforcement of this Code.
(c) Investigation Fee for Work Without a Permit. Whenever any work has been
commenced without a permit as required by the provision of Section 82-3 of this
Code, a special investigation shall be made prior to the issuance of the permit. An
investigation fee shall be collected for each permit so investigated.
EXCEPTION 1: The fee shall be reduced when the building official has
determined that the owner-builder of a one or two family
dwelling, accessory building or accessory structure has no
knowledge that a permit was necessary and had not
previously applied for a permit from the Building and Safety
Division of the City of Rosemead or other Building
Department.
EXCEPTION 2: The foregoing provisions shall not apply to emergency work
when it shall be proved to the satisfaction of the building
official that such work was urgently necessary and that it was
not practical to obtain a permit therefor before the
commencement of the work. In all such cases, a permit must
be obtained as soon as it is practical to do so, and if there be
an unreasonable delay in obtaining such permit this exception
• shall not apply and the investigation fee shall be charged.
Section 82-8. Cancellation or Surrender of Permit. If no portion of the work or
construction covered by a permit issued by the building official under the
provisions of this Code has been commenced the person to whom such permit
has been issued may deliver such permit to the building official with the request
that such permit be canceled. The building official shall thereupon stamp or write
on the face of such permit the words "Canceled at the request of the permittee."
Thereupon such permit shall be void and of no effect.
Section 82-9.. Suspension or Revocation of Permit. The building official may
suspend or revoke any permit issued under the provisions of this Code whenever
such permit is issued in error, or is issued on the basis of incorrect information
supplied, or has been obtained by falsification or misrepresentation, or when work
• is being done thereunder in violation of this or any other related ordinance or
regulation.
Section 82-10. Refund. In the event that any person shall have obtained a permit
and no portion of the work or construction covered by such permit shall have been
commenced and such permit shall have been canceled or expired without any
work having been done as provided for in this Code, the permittee upon
presentation to the building official of a request therefor in writing, shall be entitled
to a refund in an amount equal to 80 percent of the fee actually paid for such
permit.
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The building official will satisfy himself as to the right of such applicant to such
refund and each such refund shall be paid as provided by law for the payment of
claims against the City. No refund shall be made when a permit has been
obtained by falsification or misrepresentation and has been revoked for such
cause.
Section 82-11. Transfer. Permits are not transferable from one person to another
or from one location to another.
Section 82-12. Exemption from Fees. The requirements for fees contained in this
Code shall not apply when the collection of such fees in contrary to the provisions
of any contract to which the City of Rosemead is a party or is legally prohibited by
other laws or ordinances. A fee shall not be required for a permit to perform work
regulated by this Code in a structure designed and used exclusively as emergency
fallout shelter, or a trailer coach exempt form fees in Section 8100 of the
Rosemead Municipal Code, entitled "Building Code," or when a combination permit
is issued, in compliance with the requirements.
Section 82.13. Inspection.
(a) Scope. All new electrical work, and such portions of existing systems as may
be affected by new work or any changes, shall be inspection by the building official
to insure compliance with all the requirements of this Code.
Special inspections may be required on work involving special hazards or
conditions and on work requiring extensive, unusual or constant inspection.
Special inspection, when necessary, shall be accomplished by the means set forth
in Section 8100 of the Rosemead Municipal Code entitled "Building Code," except
that the special inspector shall be a qualified person approved, registered by, and
reporting to, the building official.
(b) Advance Notice. It shall be the duty of the person doing the work authorized
by the permit to notify the chief electorial inspector that said work is ready for
inspection. Such notification shall be given not less than 24 hours before the work
is to be inspected.
(c) Permission to Cover Work. It shall be unlawful for any person to lath over,
seal, cover or conceal any electrical wiring or other electrical equipment, for the
installation of which a permit is provided herein, until such electric wiring or other
electrical equipment shall be been inspected and approved by the building official.
(d) Uncovering. Said building official shall have the authority to remove, or to
require the removal of any obstruction which prevents proper inspection of any
electrical equipment.
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(e) Corrections. All defects shall be corrected within 10 days after inspection and
notification or within such other reasonable time as is permitted by the building
official.
(f) Approval. Upon the completion of the electrical wiring in or on any building or
structure of any nature, or tent, or premises, except as otherwise exempted in this
Code, the person, firm or corporation installing the same shall notify the building
official, who shall inspect such installation, and if it is found by him to be fully in
compliance with the provisions of this Code, and all other laws and ordinances
applicable thereto, he shall issue, as provided for herein, the certificate of
inspection or approval notice authorizing connection of the electrical service and
the energizing of the installation.
(g) Connection. It shall be unlawful to energize or cause or permit to be
energized any electrical wiring coming under the provisions of this Code, until such
electrical wiring shall have been inspected and approved by the building official.
Provided, however, that temporary permission may be given to furnish electric
current to, or the use of electric current through any electrical wiring for a length
of time not exceeding 30 days or other reasonable period, if it appears to said
building official that such electrical wiring may be used safely for such purpose,
and that there exists an -urgent necessity for such use.
Article 83 - Requirements for Installation Methods and Materials
• Section 83-1. Installation. All electrical installations shall be in conformity with the
provisions of this Code, and shall be in conformity with approved standards for
safety to life and property. Where no specific type or class of material, or no
specific standards are prescribed by this Code, or by the National Electrical Code,
conformity with a standard designated by the building official shall be prima facie
evidence of conformity with an approved standard for safety to life and property.
Section 83-2. Materials. All electrical materials, devices, appliances and
equipment shall be in conformity with provisions of this Code, and with approved
safety standards.
Listing, labeling or marking, as conforming to the standards of Underwriters'
Laboratories, Inc., the American National Standards Institute, Inc., the United
States Bureau of Mines, Factory Mutual Laboratory, ETL, or other nationally
recognized organizations, when the individual organization issuing the listing,
labeling or marking is approved by the building official, shall be prima facie
evidence of conformity with the applicable provisions of this Code.
Section 83-3. Alternate Materials and Methods. Nothing in this Code is intended
to prevent the use of any material, appliance, installation, device, arrangement or
method of construction not specifically prescribed, provided any such alternate has
been approval by the building official.
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The building official may approve any alternate that is found to be satisfactory and
does not lessen provisions for safety or health required by this Code.
Such approval shall be based upon submittal of substantiating data and including,
but not limited to, performance characteristics, measurements, calculations,
diagrams, equipment and construction factors, where applicable.
Section 83-4. Used Material. Previously used construction materials shall not be
reused in any work without special permission.
Previously used industrial apparatus and processing equipment may be reinstalled
provided it complies with all applicable provisions of this Code.
Section 83-5. Existing Installations. No provisions of this Code shall be deemed
to require a change in any portion of electrical systems or any other work
regulated by this Code in or on an existing building or lot when such work was
installed and is maintained in accordance with law in effect prior to the effective
date of this Code, except when any such electrical systems or other work
regulated by this Code is determined by the building official to be in fact
dangerous, unsafe, or a nuisance, and a menace to life, health or property.
Section 83-6. Additions, Alterations, Renewals and Repairs. Additions, alterations,
renewals and repairs to existing installations shall be made in accordance with the
• provisions of this Code.
EXCEPTION: Minor additions, alterations, renewals and repairs to existing
installations when approved by the building official may be
installed in accordance with the law in effect prior to the
effective date of this Code.
Section 83-7. Electrical Testing Certifications. Electrical testing certifications will
be accepted as complying with the requirements of this Code only when such
certifications are issued in accordance with this Code and Nationally Recognized
Standards by electrical testing laboratories which have been accredited by the
building official.
The building official recognizes three types of electrical testing laboratories:
• • Listing and Labeling Testing Laboratories.
• One-of-a-Kind Testing Laboratories.
• Calibration and Start-Up Testing Laboratories.
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Section 83-8. Accreditation of Electrical Testing Laboratories.
(a) Listing and Labeling Testing Laboratories.
Nationally Recognized Testing Laboratories. Subject to the following
conditions, a "Nationally Recognized Testing Laboratory" (NRTL)
accreditation issued by the United States Occupational Safety and Health
Administration (OSHA) is accepted by the building official as meeting the
accreditation requirements of this Code for Listing and Labeling Testing
Laboratories.
a. Each such NRTL must have a registered Professional Electrical
Engineer on its permanent staff.
b. Each such NRTL must have a "follow up service" system acceptable
to the building official.
C. The standards used by each such NRTL must be compatible and
current with the latest edition of the NEC.
d. Each Such NRTL must verify that field personnel will be available
within 48 hours (or as acceptable to the building official) of a call,
from the Building and Safety Division to meet at the job site, when
needed to verify equipment certification.
2. Non-NRTL Listing and Labeling Testing Laboratories. Non-NRTL Listing and
Labeling Testing Laboratories must apply to and be accredited by the
building official as complying with the requirements of County Electrical
Code Bulletin 83.06 and items a-d in Subsection (a)1 above.
3. Product Category Accreditations. The County accreditation of a Listing and
Labeling Testing Laboratory shall state the electrical product categories
which the building official has determined the laboratory is qualified to
evaluate and for which the accreditation is issued.
(b) One-Of-A-Kind Test Laboratories. One-Of-A-Kind Testing Laboratories must
apply to and be approved by the building official as complying with the
• requirements of County Electrical Code Bulletins 83.05 and 83.06. These
laboratories must have a professional electrical engineer registered in California on
their permanent staff.
(c) Calibration and Start-Up Laboratories. Calibration and Start-Up Laboratories
must apply to and be approved by the building official as complying with the
requirements of County Electrical Code Bulletins 83.05 and 83.06. These
laboratories must have a professional electrical engineer registered in California on
their permanent staff.
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SECTION 4 PLUMBING CODE
The Rosemead Municipal Code is amended by adding new Section 8300 through
8304 to read as follows:
8300 ADOPTION OF THE PLUMBING CODE..
Except as hereinafter provided, Chapters 2 through 13 and Appendices A, B, C,
D, and I of that certain Plumbing Code known and designated as the Uniform
Plumbing Code, 1994 Edition, prepared by the International Association of
Plumbing and Mechanical Officials are hereby adopted by reference. All of the
above-mentioned codes, shall constitute the plumbing code of the City of
Rosemead.
A copy of the Uniform Plumbing Code has been deposited in the office of the city
clerk for use and examination by the public.
8301 DEFINITIONS. Whenever any of the following names or terms are used
In the Plumbing Code, each such name or term shall be deemed and
construed to have the meaning ascribed to it in this section as follows:
• Administrative Authority, Building official or Plumbing Inspector shall mean
the building official of the City of Rosemead.
• Board of Examiners of Plumbers, Gas Fitters, and Sewerage Contractors or
Board of Examiners shall mean the board of examiners of plumbers, gas
fitters, sewerage contractors of the County of Los Angeles, established by
Section 73 of Title 28, Los Angeles County Plumbing Code.
• City shall mean the City of Rosemead.
• County, County of Los Angeles or unincorporated areas of the County of
Los Angeles shall mean the City of Rosemead.
• Gas Fitting Contractor, Journeyman Gas Fitter, Journeyman Plumber or
Plumber Contractor shall mean a person holding a valid certificate of
registration issued by the County of Los Angeles as set fourth in Section 72
• of Title 28, Los Angeles County Plumbing Code
Notwithstanding the provisions of Section 8300 the Plumbing Code is amended by
adding the following definitions to Chapter 2 to read:
• Lavatory shall mean a plumbing fixture used for washing the hands, arms,
face, and head.
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Personal Service Room shall mean a room which is not directly connected
with the production or service function performed by the establishment.
Such rooms may include, but are not limited to, first aid or medical rooms,
toilet rooms, change rooms, wash rooms, shower rooms, kitchens, and lunch
rooms.
• Plumbing Code shall mean Plumbing Code is the 1994 Edition of the
Uniform Plumbing Code, as published by the International Association of
Plumbing and Mechanical Officials.
• Toilet shall mean a fixture within a toilet room which may be used of
defecation or urination.
• Toilet Room shall mean a room within or on the premises containing at least
one water closet.
• Toxic Material shall mean material in concentration or amount which
exceeds the applicable limit established by a standard, such as Section
5155, 5208, or 5209 of Title 8, CCR, or in the absence of an applicable
standard, which has the capacity to produce personal injury or illness to
persons through ingestion, inhalation, or absorption through any body
surface.
8302 PLUMBING CODE FEES. (a) Notwithstanding the provisions of Section
8300 of the Rosemead Municipal Code, fees for plan check, inspection and
• other miscellaneous services shall be based on the most current fee set forth
by Los Angeles County Title 28 Fees and shall be increased by fifty percent.
(b) The total permit and issuance fee for a water heater replacement shall be
$25.65.
8303 VIOLATIONS. It shall be unlawful for any person, firm, or corporation
to erect, install, alter, repair, relocated, add to, replace, use, or maintain any
plumbing equipment or system in the jurisdiction, or cause the same to be
done, contrary to or in violation of any of the provisions of the Plumbing
Code. Maintenance of plumbing equipment or system which was unlawful at
the time it was installed, and which would be unlawful under said Plumbing
Code, shall constitute a violation of said Plumbing Code.
Every person who violates any of the provisions of this Chapter is guilty of a
misdemeanor and each such person shall be deemed guilty of a separate
offense for each and ever day or portion thereof during which any violation of
any of the provisions of this Chapter is committed, continue or permitted, and
upon conviction is punishable by a fine not exceeding $1,000 or by
imprisonment in the County Jail for a period not exceeding six (6) months or
by both such fine and imprisonment.
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8304 AMENDMENTS TO THE PLUMBING CODE..
(a) Notwithstanding the provision of Section 8300, the Plumbing Code is
amended by adding a footnote 9 to Table 14-1 to read as follows:
See Section 316.1.3 regarding maximum lead content in solder used on
potable water supply systems.
(b) Notwithstanding the provisions of Section 8300, the Plumbing Code is
amended by adding Section 601.3 to read:
601.3 Water closets for all buildings or structures shall use a maximum of one and
one-half (11) gallons of water per flush (5.7L) as approved by the State
Department of Housing and Community Development.
(c) Notwithstanding the provisions of Section 8300, the Plumbing Code is
amended by adding Section 34 to read as follows:
34 Board of Appeals. The Board of Appeals as established in Section 8100 of the
Rosemead Municipal Code shall be empowered to act in making a correct
determination of any appeal arising from actions of the administrative authority.
Appeals shall be made in writing and the appellant may appear in person before
• the Board or be represented by an attorney and may introduce evidence to
support his claim. Appeals shall be heard at reasonable times at the convenience
of the Board but not later than thirty (30) days after receipt thereof.
(d) Notwithstanding the provisions of Section 8300, the Plumbing Code is
amended by adding a note to Table A-2 of Appendix A to read:
Note: See Chapter 6, Section 610, Table 6-3, Plumbing Code, for
equivalent fixture units.
(e) Notwithstanding the provisions of Section 8300, the Plumbing Code is
amended by adding Section 610.15 to read:
610.15 Flow Limiting Devices. Interior faucet fixtures, other than those for bath
tubs, shall be fitted with approved flow-control devices allowing a maximum flow
rate of 2.75 gallons (10.4L) per minute. Shower heads shall be fitted with
approved flow-control devices allowing a maximum rate of 3 gallons (11.4L) per
minute. The administrative authority may waive these requirements where they find
them impracticable.
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(f) Notwithstanding the provisions of Section 8300, the Plumbing Code is
amended by adding sections 101 through 106.4 to read:
101. General Provisions
101.1. Purpose and Intent. The purpose of this Code is to provide minimum
standards to preserve the public health, safety and welfare by regulating the
design, construction, quality of material, and installation of plumbing. Consistent
with this purpose, the provisions of this Code are intended and always have been
intended to confer a benefit on the community as a whole and are not intended to
establish a duty of care toward any particular person.
This Code shall not be construed to hold the City or any officer, employee, or
agent thereof responsible for any damage to persons or property by reason of any
inspection authorized herein or by reason of the issuance or non-issuance of any
permit authorized herein, and/or for any action or omission in connection with the
application and/or enforcement of this Code. By adopting the provisions of this
Code the City does not intend to impose on itself, its employees, or agents any
mandatory duties of care towards persons and property within its jurisdiction so
as to provide a basis of civil liability for damages.
This section is declaratory of existing law and is not to be construed as suggesting
that such was not the purpose and intent of previous Code adoptions.
• 101.2. Scope. The provisions of this Code shall apply to the construction,
alteration, moving, removal, repair and use of any plumbing or drainage work, and
the qualification and registration of certain persons performing such work on any
premises within the City of Rosemead.
The provisions of this Code shall not apply to work located primarily in a public
way; to work consisting of public utility service piping; or to work otherwise
specifically exempted elsewhere in this Code.
101.2.1. Repairs and Alterations
101.2.1.1 In existing buildings or premises in which plumbing installations are
to be altered, repaired or renovated, deviations from the provisions
• of this Code are permitted, provided such deviations are found to be
necessary and are first approved by the Administrative Authority.
Any plumbing system may have its existing use, maintenance or
repair continued when the Administrative Authority determines that
its use, maintenance or repair is in accordance with the original
design and no hazard to the public health, safety or welfare has
been created by such system.
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101.2.1.2 Existing building sewers and building drains may be used in
connection with new buildings or new plumbing and drainage work
only when they are found on examination and test to conform in all
respects to the requirements governing new work, and the proper
Administrative Authority shall notify the owner to make any changes
necessary to conform to this Code. No building or part thereof, shall
be erected or placed over any part of a drainage system which is
constructed of materials other than those approved elsewhere in this
Code for use under or within a building.
Existing building sewers and building drains may be used in
connection with plumbing alterations or repairs if such sewers or
drains have been properly maintained and were installed in
accordance with the applicable laws in effect at the time of
installation. Any plumbing system existing on January 1, 1975, shall
be deemed to have conformed to applicable law in effect at the time
of installation and to have been maintained in good condition if
currently in good and safe condition and working properly.
101.2.1.3 All openings into a drainage or vent system, excepting those
openings to which plumbing fixtures are properly connected or which
constitute vent terminals, shall be permanently plugged or capped in
an approved manner, using the appropriate materials required by this
Code.
101.2.2 Maintenance. The plumbing and drainage system of any premises
under the jurisdiction of the Administrative Authority shall be
maintained in a sanitary and safe operating condition by the owner
or the owner's agent.
101.2.3 Existing Construction. No provision of this Code shall be deemed to
require a change in any portion of a plumbing or drainage system or
any other work regulated by this Code in or on an existing building
or lot when such work was installed and is maintained in accordance
with law in effect prior to the effective date of this Code, except when
any such plumbing or drainage system or other work regulated by
this Code is determined by the Administrative Authority to be in fact
dangerous, unsafe, insanitary, or a nuisance and a menace to life,
health, or property.
101.3 Building Official. The office of Building official exists in the Building and
Safety Division of the City of Rosemead. The Building official shall administer the
provisions of this ordinance and shall be well versed in accepted sanitary
engineering practices and techniques, plumbing construction and installation
methods, and the statues of the State of California relating to such matters.
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101.4. Use of Terms. Whenever the term "Building official," "Plumbing Inspector"
or "Administrative Authority" is used in this Code, other than in Section 101.3, such
term shall be construed to mean the "building official" of the City of Rosemead or
his authorized representative.
101.5. Jurisdiction Over Public Sewers and Their Maintenance. This Code shall
not modify any other Los Angeles County regulations governing the installation and
maintenance of public sewers or the character or pretreatment of industrial wastes
discharged into public sewers or elsewhere.
101.6. Validity.
101.6.1 If any provision of this Code, or the application thereof to any person
or circumstance, is held invalid, the remainder of the Code, or the
application of such provision to other persons or circumstances,
shall not be affected thereby.
101.6.2 Wherever in this Code reference is made to an appendix, the
provisions in the appendix shall not apply unless specifically adopted.
101.7. Health and Safety. Whenever compliance with all 'the provisions of this
Code fails to eliminate or alleviate a nuisance, or any other dangerous or
unsanitary condition which may involve health or safety hazards, the owner or the
owner's agent shall install such additional plumbing and drainage facilities or shall
• make such repairs or alterations as may be ordered by the Administrative
Authority.
101.8. Board of Appeals. The Board of Appeals as established in 8100 of the
Rosemead Municipal Code shall act as a Board of Appeals for appeals arising from
actions of the Administrative Authority.
Appeals shall be made in writing and the appellant may appear in person before
the Board or be represented by an attorney and may introduce evidence to
support his claims. Appeals shall be heard at reasonable times at the convenience
of the Board but not later than 30 days after receipt thereof.
The appellant shall cause to be made at his own expense any tests or research
required by the Board to substantiate his claims.
ID 101.9. Violations and Penalty. Every person who violates any of the provisions of
this Code is guilty of a misdemeanor and each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of this Code is committed, continued, or
permitted, and upon conviction is punishable by a fine not exceeding $1,000 or by
imprisonment in the County Jail for a period not exceeding six months or by both
such fine and imprisonment.
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102. Duties of Plumbing Inspector.
102.1. Submission of and Checking of Plans. The Plumbing Inspector shall
require submission of, examine, and check plans and specifications, drawings,
descriptions and diagrams necessary to show clearly the character, kind and
extent of plumbing work covered by applications for a permit, and upon approval
thereof shall issue the permit applied for.
102.1.1 The Administrative Authority may require the submission of plans,
specifications drawings, and such other information as the
Administrative Authority may deem necessary, prior to the
commencement of, and at any time during the progress of any work
regulated by this Code.
The issuance of a permit upon plans and specifications shall not
prevent the Administrative Authority from thereafter requiring the
correction of errors in said plans and specifications or from
preventing construction operations being carried on thereunder when
in violation of this Code or of any other pertinent ordinance or from
revoking any certificate of approval when issued in error.
102.2. Fees. The Plumbing Inspector shall collect such fees as are required by
this Code and issue receipts therefor, copies of which shall be maintained as a
record in his office. He shall transfer all fees collected by him to the proper
• authority provided by law to receive such funds.
102.3. Inspection. The Plumbing Inspector shall administer and enforce the
provisions of this Code in a manner consistent with the intent thereof, and shall
inspect all plumbing and drainage work authorized by any permit to assure
compliance with provisions of this Code or amendments thereto, and may approve
or reject said work in whole or in part as conditions require.
102.4. Certificates of Approval. The Plumbing Inspector shall issue upon request
a Certificate of Approval for any work approved by him.
102.5. Work Rejected. The Plumbing Inspector shall have the authority to reject
all work done or being done or materials used or being used which do not comply
with the provisions of this Code and amendments thereto.
• 102.6. Corrections. The Plumbing Inspector may order changes in workmanship
or materials, or both, to obtain compliance with the provisions of this Code.
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Notices of correction or violation shall be written by the Administrative Authority
and may be posted at the site of the work or mailed or delivered to the permittee
or his authorized representative. Refusal, failure, or neglect to comply with any
such notice or order within ten (10) days of receipt thereof, shall be considered a
violation of this Code, and shall be subject to the penalties set forth elsewhere in
this Code for violations.
102.7. Investigation. The Plumbing Inspector may investigate any construction or
work regulated by this Code, and issue such notices and orders as provided in
Section 102.11.
102.8. Records. The Plumbing Inspector shall keep a complete record of all the
essential transactions of his office.
102.9. Qualification and Registration. The Plumbing Inspector may maintain an
official list of all persons qualified and registered as required by this Code to carry
on or engage in the business of plumbing, gas fitting or sewerage contractor, or
to labor at the trades of plumbing or gas fitting in the City of Rosemead.
102.10. Permission to Enter. Every applicant for a permit (pursuant to Section
103.0) shall be deemed to have given his permission to the Plumbing Inspector of
his duly authorized representative to enter at reasonable times any building,
structure or premises to which the permit relates to perform any duty imposed
upon him by this Code. Every person who denies or prevents, obstructs, or
• attempts to deny, prevent or obstruct such access is guilty of a misdemeanor.
102.11. Dangerous and Unsanitary Construction. Whenever it is brought to the
attention of the Plumbing Inspector that any construction or work regulated by this
Code is dangerous, unsafe, unsanitary or a menace to life, health or property, or
is in violation of this Code, the Plumbing Inspector shall have the authority to make
an investigation. The Plumbing Inspector shall have the authority to order any
person, firm or corporation using or maintaining any such condition or responsible
for the use or maintenance thereof to discontinue the use of or maintenance
thereof, or to repair, alter, change, remove or demolish same, as he, in his
discretion, may consider necessary for the proper protection of life, health or
property. The Plumbing Inspector shall have the authority, in the case of any gas
piping or gas appliance, to order any person, firrrf or corporation supplying gas to
such piping or appliance to discontinue supplying gas thereto until such gas piping
• or gas appliance is remedied or repaired to the satisfaction of the Plumbing
Inspector.
Every such order shall be in writing, addressed to the owner, agent or person
responsible for the premises in which such condition exists, and shall specify the
date or time when such order shall be complied with, which time shall allow a
reasonable period in which such order can be complied with by the person
receiving such order. Refusal or failure or neglect to comply with any such notice
or order shall be considered a violation of this ordinance.
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102.12. Stop Orders. Whenever any work regulated by this Code is being done
contrary to the provisions thereof, the Plumbing Inspector may order the work
stopped by notice in writing served on any persons engaged in doing or causing
such work to be done. Any such persons shall forthwith stop such work until
authorized by the Plumbing Inspector to proceed with the work.
102.13. Liability. The liability and indemnification of the Building official and any
of his subordinates are governed by the provisions of Division 3.6 of Title 1 of the
Government Code.
103. Permits.
103.1. Permits Required. A person, whether acting as principal, servant, agent or
employee, shall not do or cause or permit to be done any gas piping, plumbing,
drainage, house sewer or private sewage disposal work regulated by this Code
without first securing a permit from the Building official authorizing him so to do.
103.1.1 It shall be unlawful for any person to install, alter or repair or cause
to be installed, altered or repaired any gas piping, without first
obtaining a permit from the Administrative Authority to do so,
provided however, no permit shall be required from a.serving gas
supplier to disconnect defective gas piping or equipment, when
authorized by Section 1207.
• 103.1.2. Permits for gas piping shall show the total number of gas outlets to
be provided for on each system, and such other information as may
be required by the Administrative Authority.
103.2. Time Limit. Every permit issued under the provisions of this Code shall
expire by limitation and become null and void if the work authorized by such permit
is not commenced within one year from the date of such permit, or if the work
authorized by such permit is suspended or abandoned at any time after the work
is commenced for a period of one year. Before such work can be recommenced,
a new permit shall be first obtained so to do, and the fee therefor shall be one-half
the amount required for a new permit for such work, provided no changes have
been made or will be made in the original plans and specifications for such work;
and provided further, that such suspension or abandonment has not exceeded one
year.
Any permittee holding an unexpired permit may apply for an extension of the time
within which he may commence work under that permit when he is unable to
commence work within the time required by this section for good and satisfactory
reasons. The Building Official may extend the time for action by the permittee for
a period not exceeding 180 days upon written request by the permittee showing
that circumstances beyond the control of the permittee have prevented action from
being taken. No permit shall be extended more than once. In order to renew
action on a permit after expiration, the permittee shall pay a new full permit fee.
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103.3. House Sewers in New Developments. When a written agreement covering
partial inspection and inspection fees has first been made between the City
Engineer and the principals involved, house sewers constructed in new
developments may be extended from the main line sewer to the approximate point
on the lot of their future connection with the house drain or drains. Each such
house sewer shall conform to the requirements of this Code and shall terminate
at a proper depth and location for future connection to the building drain or drains.
No connection shall be made between such house sewer and any building drain
until a house sewer permit as required by this Code has first been obtained.
103.4. Other Permits. In addition to the permits required by Section 103.1, and
as a prerequisite to the obtaining them, any person desiring to connect to a trunk
sewer, to construct a public sewer, to connect to the public sewer at a point where
no branch fitting has been provided in such sewer, or to discharge industrial liquid
waste shall obtain permits from the City of Rosemead so to do. No permit shall
be issued to connect to a public sewer not under the jurisdiction of the City of
Rosemead until the applicant for such connection has first obtained written
permission from the authority controlling such sewer and has filed a copy of such
permission with the Building official.
103.5. Work in Public Highways. No person shall install, remove, alter or repair
any house sewer or part thereof which is located in any public way in the City of
Rosemead without having first obtained a permit from the City Engineer or the
State Department of Public Works (Division of Highways), whichever agency may
i have jurisdiction over the particular thoroughfare affected.
103.6. Decorative Gas Lighting Devices and Appliances. No permit shall be
issued for decorative gas lighting devices or exterior decorative gas appliances.
103.7. Work Not Requiring Permit. No permit shall be required in the case of any
repair work as follows: The stopping of leaks in drains, soil, waste or vent pipe;
provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or
become defective and it becomes necessary to remove and replace the same with
new material in any part or parts, the same shall be considered as new work and
a permit shall be procured and inspection made as hereinbefore provided. No
permit shall be required for the clearing of stoppages or the repairing of leaks in
pipes, valves, or fixtures when such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
No permit, test or inspection shall be required where a plumbing system or part
thereof is set up for exhibition purposes and has no connection with a water or
drainage system.
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103.8. Issuance of Permits.
103.8.1 Except as otherwise provided herein, only duly registered or licensed
contractors may apply for the permit(s) required by this Code, and
the Building official shall not be required to issue any permit to any
person other than a duly registered or Ncensed contractor unless
otherwise provided herein.
103.8.2 A permit may be issued to the bona fide owner of any single-family
dwelling, including common accessory and minor poultry or
agricultural buildings, occupied and used exclusively by or designed
to be occupied and used exclusively by, said owner, to do any
plumbing or drainage work regulated by this Code in said dwelling
or accessory buildings.
103.8.3 A permit may be issued to or work may be performed by any
responsible person not acting in violation of Chapter 9, Division 3 of
the Business and Professions Code of the State of California for the
installation, alteration or repair of water piping, water treatment
equipment, and for private sewage disposal systems and building
sewers.
103.9. Application for Permit. Any person legally entitled to apply for and receive
a permit shall make such application on forms provided for that purpose. He shall
give a description of the character of the work proposed to be done and the
location, ownership occupancy and use of the premises in connection therewith.
The Plumbing Inspector may require plans, specifications, or drawings and such
other information as he may deem necessary and pertinent prior to the granting
of a permit.
If the Plumbing Inspector determines that the plans, specifications, drawings,
descriptions or information furnished by the applicant are in compliance with this
ordinance and all other laws and ordinances applicable thereto, he shall issue the
permit applied for upon payment of the required fee as hereinafter fixed. When
plan check or other fees are required by this or any related ordinance or statue,
such fees shall be collected in addition to the required permit fees.
Any person requiring a permit to connect to a public sewer which has been
constructed at no cost to the abutting property shall make proper application to
the City of Rosemead as required by Division 2 of Title 20 of the Los Angeles
County Code, and shall pay such connection charges or execute such waivers as
are required by that ordinance or other statute prior to obtaining a house sewer
permit as required by this Code.
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103. 10. Cost of Permit. Any person applying for a permit shall, at the time the
application is made, pay to the Building official the fees set forth in this section.
Except as provided herein, a plumbing permit and a sewer or private sewage
disposal permit shall be required for each building or installation.
EXCEPTION: Where accessory buildings and/or appurtenances, such as
laundry rooms, guest houses, bath houses or swimming
pools, are used in conjunction with a single-family residence,
are located on the same lot and under the same ownership,
and are erected at the same time as the main building, all
plumbing items may be combined on one plumbing permit.
All buildings and appurtenances, regardless of type, located
on the same lot and under the same ownership may, when
being connected at the same time to a common house sewer
or to a common or multiple private sewage disposal system,
be combined on one sewerage permit.
For the purpose of this section, a sanitary plumbing outlet on which or to which
a plumbing fixture or appliance may be set or attached shall be construed to be
a fixture. Built-in dishwashers shall be construed fixtures whether individually
trapped or not. Fees for reconnection and retest of existing plumbing systems in
relocated buildings shall be based on the number of plumbing fixtures, gas
systems, water heaters, etc. involved.
• When interceptor traps or house-trailer site traps are installed at the same time as
a house sewer on any lot, no sewer permit shall be required for the connection of
any such trap to an appropriate inlet fitting provided in the house sewer by the
permittee constructing such sewer.
When a permit has been obtained to connect an existing building or existing work
to the public sewer, or to connect to a new private disposal facility, backfilling of
private sewage disposal facilities abandoned consequent to such connection is
included in the house sewer permit.
•
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103. 11. Plan Check Fee.
103.11.1 A plan checking fee as indicated shall be paid to the Building official
at the time of submitting plans and specifications for work described
in this subsection. Said fee shall be equal to 40 percent of the
required plumbing permit fee.
All plumbing systems proposed shall be submitted for review when
a project (building or premises) taken as a whole has any of the
following:
(1) More than 216 waste fixture units;
(2) Potable water supply piping required to be 2" or larger; or
(3) Fuel gas piping required to be 2" or larger or containing
medium or high pressure gas.
103.11.2 In addition to the aforementioned fees, the Building official may
require additional charges for plan check services beyond the initial
and second check when such additional work is due to changes,
omissions or errors on the part of the plan check applicant. The
payment of said fees shall not exempt any person from compliance
with other provisions of this Code.
103.12. Investigation Fee for Work Without Permit. Whenever any work has been
• commenced without a permit as required by the provisions of Section 103.1 of this
code, a special investigation shall be made prior to the issuance of the permit. An
investigation fee shall be collected for each permit so investigated. The
investigation fee shall be equal to and in addition to the permit fees specified in
Section 103.10.
EXCEPTION 1: The investigation fee shall be reduced when the Building
official has determined that the owner-builder of a one family
or two family dwelling, accessory building or accessory
structure had no knowledge that a permit was necessary and
had not previously applied for a permit from the Building and
Safety Division of the City of Rosemead.
11
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EXCEPTION 2: The foregoing provisions shall not apply to emergency work
when it shall be proved to the satisfaction of the Building
official that such work was urgently necessary and that it was
not practical to obtain a permit therefor before the
commencement of the work. In all such cases, a permit must
be obtained as soon as it is practical to do so, and if there be
an unreasonable delay in obtaining such permit this exception
shall not apply and the investigation fee shall be charged.
The payment of the investigation fee shall not exempt any person from compliance
with all other provisions of this Code nor from any penalty prescribed by law.
103.13. Surrender of Permit. If no portion of the work or construction covered by
a permit issued by the Building official under the provisions of this Code has been
commenced, the person to whom such permit has been issued may deliver such
permit to the Building official with the request that such permit be canceled. The
Building official shall thereupon stamp or write on the face of such permit the
words "Canceled at the request of the permittee." Thereupon such permit shall be
void and of no effect.
103.14. Suspension or Revocation of Permit. The Building official may suspend
or revoke any permit issued under the provisions of ,this Code whenever such
permit is issued in error, or is issued on the basis of incorrect information supplied,
or has been obtained by falsification or misrepresentation, or when work is being
• done thereunder in violation of this or any other related ordinance or regulation.
103.15. Refund. In the event that any person shall have obtained a permit and no
portion of the work or construction covered by such permit shall have been
commenced, and such permit shall have been canceled as provided in Section
103.2 or Section 103.13, the permittee, upon presentation to the Building official
of a request therefor in writing, shall be entitled to a refund in an amount equal to
80 percent of the fee actually paid for such permit.
The Building official will satisfy himself as to the right of such applicant to such
refund, and each such refund shall be paid as provided by law for the payment of
claims against the City. No refund shall be made when a permit has been.
obtained by falsification or misrepresentation and has been revoked for such
cause.
• 103.16. Transfer. Permits are not transferable from one person to another or from
one location to another.
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103.17. Exemption From Fee. The requirements for fees contained in this Code
shall not apply when the collection of such fee is contrary to the provisions of any
contract to which the City of Rosemead is a parry or is legally prohibited by other
statutes.
103.18. Noncompliance Fees. If the Building official in the course of enforcing the
provisions of this Code or any state law issues an order to a person and that
person fails to comply with the order within 15 days following the due date for
compliance stated in the order, including any extensions thereof, then the Building
official shall have the authority to collect a noncompliance fee.
The noncompliance fee shall not be imposed unless the order states that a failure
to comply within 15 days after the compliance date specified in the order will result
in the fee being imposed. No more than one such fee shall be collected for failure
to comply with an order.
104. Inspections.
104.1. General. All plumbing systems for which a permit is required by this Code
shall be inspected by the Administrative Authority. No portion of any plumbing
system shall be concealed until inspected and approved. Neither the
Administrative Authority nor the jurisdiction shall be liable for expense entailed in
the removal or replacement of material required to permit inspection. When the
IS installation of a plumbing system is complete, an additional and final inspection
shall be made. Plumbing systems regulated by this Code shall not be connected
to the water, energy fuel supply, or the sewer system until authorized by the
Administrative Authority.
104.1.1 Scope. All new plumbing work, and such portions of existing
systems as may be affected by new work, or any changes, shall be
inspected by the Administrative Authority to insure compliance with
all the requirements of this Code and to assure that the installation
and construction of the plumbing system is in accordance with
approved plans. Special construction and inspection may be
required on work involving special hazards or conditions and on
work requiring extensive, unusual or constant inspection. Special
inspections, when necessary, shall be accomplished by the means
set forth in Section 8100 of the Rosemead Municipal Code except
• that the Special Inspector shall be a qualified person approved and
registered by, and reporting to, the Building official.
104.1.2 Inspection. No water supply system or portion thereof, shall be
covered or concealed until it first has been tested, inspected, and
approved.
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104.1.3 Covering or Using. No plumbing or drainage system, building sewer,
private sewer disposal system or part thereof, shall be covered,
concealed, or put into use until it has been tested, inspected, and
accepted as prescribed in this Code.
104.1.4 Uncovering. Any drainage or plumbing system, building sewer,
private sewage disposal system, or part thereof, which is installed,
altered, or repaired is covered or concealed before being inspected,
tested, and approved as prescribed in this Code, it shall be
uncovered for inspection after notice to uncover the work has been
issued to the responsible person by the Administrative Authority.
104.2. Testing of Systems. All plumbing systems shall be tested and approved as
required by this Code or the Administrative Authority.
104.2.1 Testing. Water piping shall be tested and approved as provided in
Section 104.2.3.
104.2.2 Test. Tests shall be conducted in the presence of the Administrative
Authority or the Administrative Authority's duly appointed
representative.
104.2.3 Water Piping. Upon completion of a section of the entire hot and
cold water supply system, it shall be tested and proved tight under
• a water pressure not less than the working pressure under which it
is to be used. The water used for tests shall be obtained from a
potable source of supply. A fifty (50) pound per square inch (350
kPa) air pressure may be substituted for the water test. In either
method of test, the piping shall withstand the test without leaking for
a period of not less than fifteen (15) minutes.
104.2.4 Test Waived. No test or inspection shall be required where a
plumbing system, or part thereof is set up for exhibition purposes
and has no connection with a water or drainage system.
104.2.5 Exceptions. In cases where it would be impractical to provide the
aforementioned water or air tests, or for minor installations and
repairs, the Administrative Authority, at the Administrative Authority's
discretion, may make such inspection as deemed advisable in order
to be assured that the work has been performed in accordance with
the intent of this Code.
104.2.6 Protectively Coated Pipe. Inspection and repair shall conform to
IAPMO Installation Standard IS-13, listed in Table 14-1.
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104.2.7 Tightness. Joints and connections in the plumbing systems shall be
gastight and watertight for the pressures required by test.
104.2.8 Retesting. If the Administrative Authority finds that the work will not
pass the test, necessary corrections shall be made and the work
shall then be resubmitted for test or inspection.
104.2.9 Approval. Upon the satisfactory completion and final test of the
plumbing system, a certificate of approval shall be issued by the
Administrative Authority to the permittee on demand.
104.3. Inspection Requests.
104.3.1 General. It shall be the duty of the person requesting inspections
required by this Code to provide access to and means for proper
inspection of such work.
104.3.2 Advance Notice. It shall be the duty of the person doing the work
authorized by the permit to notify the Administrative Authority, orally
or in writing, that said work is ready for inspection. Such notification
shall be given not less than twenty-four (24) hours before the work
is to be inspected.
104.3.3 Responsibility. It shall be the duty of the holder of a permit to make
• sure that the work will stand the test prescribed before giving the
notification.
The equipment, material, and labor necessary for inspection or test
shall be furnished by the person to whom the permit is issued or by
whom inspection is requested.
104.4. Other Inspections. In addition to the inspections required by this Code, the
Administrative Authority may require other inspection of any plumbing work to
ascertain compliance with the provisions of this Code and other laws which are
enforced by the Administrative Authority.
104.4.1 Defective Systems. An air test shall be used in testing the sanitary
condition of the drainage or plumbing system of any building
premises when there is reason to believe that it has become
defective. In buildings or premises condemned by the proper
Administrative Authority because of an insanitary condition of the
plumbing system or part thereof, the alterations in such system shall
conform to the requirements of this Code.
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104.4.2 Moved Structures. All parts of the plumbing systems of any building
or part thereof that is moved from one foundation to another, or from
one location to another, shall be completely tested as prescribed
elsewhere in this section for new work, except that walls or floor
need not be removed during such test when other equivalent means
of inspection acceptable to the Administrative Authority are provided.
105. Not Used.
106. Not Used.
(g) Notwithstanding the provisions of Section 8300, the Plumbing Code Is
amended by adding Appendix Chapter K to read as follows:
SWIMMING POOLS
K-1. Swimming pool waste water shall be disposed of as hereinafter set forth in
this Section and the type of disposal proposed shall be approved by the
Administrative Authority prior to the commencement of any work. A means of
disposal of the total contents of the pool (periodic emptying) without surface runoff
shall be established to the satisfaction of the Administrative Authority.
K-2. The following are legal methods of swimming pool waste water disposal:
• 1. To a public sewer.
2. On the property if the property is large enough to insure that runoff will not
encroach on abutting property.
5. To a tank truck.
K-3. No direct connection shall be made between any storm drain, sewer,
drainage system, drywell or subsoil irrigation line and any line connected to a
swimming pool.
K-4. Waste water from any filter, scum gutter overflow, pool emptying line or
similar apparatus or appurtenance when discharging to any part of a drainage
system, shall be provided with a three (3) inch (76.2mm) trap.
K-5. Except as provided in K-6 the discharge outlet terminal from any pool or filter
shall be protected from backflow by an air gap at least six (6) inches (152.4mm)
above the flood rim of the receptor.
K-6. No scum gutter drain, overflow drain, backwash discharge drain, or pool
emptying line shall enter any receptor below the rim unless the pool piping at its
deepest point, the bottom of the filters, and the bottom of the scum gutter drain
trough or overflow inlets are at least six (6) inches (152.4mm) above the overflow
rim of the receptor.
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K-7. A positive point of potable water supply to each swimming pool shall be
established and shall be installed as required by Chapter 6 of this Code.
K-8. Plans for other than private swimming pools shall be approved by the Health
Officer before any water supply or waste discharge permit is issued.
Note: The foregoing applies only to outdoor swimming, bathing, or wading pools.
Plans and specifications for all indoor installations shall be submitted to the
Administrative Authority for approval prior to the commencement of any
work, and all piping, equipment and construction shall be equal to the types
prescribed in the Installation Requirements of this Code for indoor work.
(h) Notwithstanding the provisions of 8300, the Plumbing Code is
amended by adding Appendix Chapter S to read as follows:
APPENDIX S
SOLAR POTABLE WATER HEATING SYSTEMS
S-1. General. The provisions of this Appendix shall apply to the construction,
installation, alteration, relocation and repair of solar energy systems and parts
thereof for potable water hearing.
S-2. Definitions. For the purpose of this Appendix, certain terms, words, phrases
• and their derivatives shall be construed as set forth in this section. Whenever
terms are not defined, their ordinary dictionary meaning shall apply.
• Collector - Solar is a device used for absorbing incident solar radiation and
converting it into useful energy.
• Primary Tank is a solar energy storage tank which receives thermal energy
from the collectors.
• Solar System is a solar potable water heating system consisting of a
complete assembly of components, equipment, controls, interconnecting
means and terminal elements needed to convert solar energy into thermal
energy for potable water heating in residential buildings.
• • Water Heater is as defined in Chapter 5. For purposes of this Appendix, the
water heater shall contain the back-up heating element.
S-3. Permit. It shall be unlawful for any person to construct, install or after, or
cause to be constructed, installed or altered any solar system in a building or on
a premises without first obtaining a permit to do such work from the Administrative
Authority.
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S-4. Inspection and Testing
(a) Rough Piping Inspection - No portion of the piping system shall be covered or
concealed until it first has been tested, inspected and approved.
(b) Piping Pressure Test - All piping shall be tested in accordance with Section
104.2.3. The test pressure for nonpotable subsystems shall be equal to at least
the subsystem design working pressure. All necessary apparatus for conducting
tests shall be furnished by the permittee.
(c) Final Inspection - All solar system components shall be inspected for Code
compliance. The certificate of compliance required by Section S-13 of this
Appendix shall be posted to facilitate final inspection.
S-5. Tanks. All primary and expansion tanks shall be manufactured to an
approved nationally recognized standard and shall be so labeled by the
manufacturer. The primary tank shall comply with the provisions set forth in
Sections 508, 510.3 and 511.0. The water heater shall comply with all the
provisions of Chapter 5.
S-6. Collectors. Collectors shall be approved by the Administrative Authority for
the use intended. They shall be securely fastened in place and shall be installed
in accordance with the manufacturer's installation instructions or other approved
methods.
Anchors secured to or through roofing material shall be installed in a manner
which will maintain the water integrity of the roof covering.
S-7. System Shut-off Valve. An accessible full-way valve shall be installed on the
Coldwater supply pipe at or near the connection to the solar system. This valve
may also serve as the water heater shutoff valve required by Section 605.3 if it is
installed in an approved location near the water heater.
S-8. Freeze Protection. Automatic freeze protection shall be provided for all
collectors and exposed piping.
S-9. Open Temperature and Pressure Protection. A pressure -relief device
complying with Section 608.4 shall be provided on the potable water system. Each
• section of the solar system that can be valved off or is otherwise isolated, and
where excessive pressure can develop, shall be protected by an additional
pressure-relief device. For the purpose of this section, the system shutoff valve
and the water heater shutoff valve required by Section 605.3 shall each be
considered an isolating valve. Pressure-relief devices for nonpotable water
subsystems shall be set at no more than the maximum pressure for which the
subsystem is designed. Drains for pressure-relief valves located inside or outside
of the building shall comply with Section 608.5 unless otherwise approved by the
Administrative Authority.
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An approved mixing valve shall be provided on the solar system to insure that hot
water supply to plumbing fixtures will not exceed one hundred sixty degrees
fahrenheit (160 ° F.)
On two-tank systems the mixing valve shall be located in the piping between the
primary tank and water heater.
One-tank systems, where the water heater controls utilize fusible-link type over
temperature protection, shall be provided with controls designed to shut off the
solar circulating pump at one hundred eighty degrees Fahrenheit (180 ° F.). These
controls shall not be considered a substitute for the mixing valve required by this
section.
S-10. Cross-connection Controls. Cross-connection control shall be provided in
accordance with Section 603. If a heat exchanger is used in conjunction with
potable water, it shall be approved by the Administrative Authority prior to
installation.
S-11. System Drainage and Air Entrapment. The solar system shall be capable of
being drained, and shall be designed to prevent air entrapment. Drain valves shall
be accessible.
S-12. Unions. Unions shall be installed within twelve inches (12") of water heaters,
primary tanks, pumps and similar equipment, which may require service by
• removal or replacement, in a manner which will facilitate ready removal.
S-13. Certificate of Compliance. Upon completion of the solar system, the
permittee shall sign a certificate of system installation compliance with this code.
The Certificate of Compliance shall also list the following information:
(a) Type of freeze protection;
(b) Mixing valve setting degrees Fahrenheit (°F):
(c) Subsystem working pressure (if applicable) psi;
(d) Subsystem test pressure (if applicable)psi;
40 (e) Heat exchanger made and model number (if applicable);
(f) *Circulating pump over temperature protection shut-off setting degrees
Fahrenheit F.).
This certificate shall be posted in a conspicuous location at or near the water
heater.
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*Required only in one-tank systems where the water heater controls utilize fusible-
link type over
temperature protection.
SECTION 5 MECHANICAL CODE
The Rosemead Municipal Code is amended by adding new Sections 8400 through 8404
to read as follows:
8400 ADOPTION OF MECHANICAL CODE.
Except as herein provided, Chapters 2 through 16 and Appendices A and C of that
certain mechanical code known and designated as the "Uniform Mechanical Code, 1994
Edition," published by the International Conference of Building Officials, are hereby
adopted by reference. The above-mentioned code, amendments, and sections shall
constitute and may be cited as the Mechanical Code of the City of Rosemead.
A copy of the Uniform Mechanical Code has been deposited with the city clerk of the City
of Rosemead and shall be at all times maintained by the clerk for use and examination
by the public.
8401 DEFINITIONS. Whenever any of the following names or terms are used in the
Mechanical Code, each such name or term shall be deemed and construed to have
the meaning ascribed to it in this section, as follows:
• Board of Appeals, or Board of Examiners of Plumbers shall mean the Board of
examiners of plumbers, gas fitters and sewerage contractors of the County of Los
Angels established by Section 73 of Title 28, Los Angeles County Plumbing Code.
• Building Code, Uniform Building Code or Los Angeles County Building Code shall
mean the Building Code of the City of Rosemead.
• Building Department shall mean the building department of the City of Rosemead.
• Building Official shall mean the building official of the City of Rosemead.
• City shall mean the City of Rosemead.
. • Electrical Code shall mean the Electrical Code as adopted by Section 8100 of the
Rosemead Municipal Code as Amended..
• Fire Code or Los Angeles County Fire Code shall mean Fire Code as adopted by
Section 3101 of Rosemead Municipal Code as amended.
• General Fund shall mean the city treasury of the City of Rosemead.
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Health Code or Los Angeles County Health Code shall mean the Health Code as
adopted by Section 5101 of the RMC as amended.
Mechanical Code shall mean the Mechanical Code of the City of Rosemead.
Plumbing Code shall mean the Plumbing Code as adopted by Section 8300 of
RMC as amended.
8302 MECHANICAL CODE FEES Notwithstanding the provisions of Section 8400 of
the Rosemead Municipal Code, fees for plan check, Inspection and other
miscellaneous services shall be based on the most current fee set forth by Los
Angeles County Title 29 Fees and shall be increased by fifty percent.
8403 AMENDMENTS TO THE MECHANICAL CODE.
(a) Furnace Access Prohibited Location. Notwithstanding the provision of
Section 8400, the exception to Section 315.1(5) is amended to read:
"EXCEPTION: Direct-vent furnaces, enclosed furnaces and electric heat furnaces.
Access to furnace located in an attic or underfloor crawl space may
be through a closet, including closets in bedrooms and bathrooms."
(b) Capacity of Hoods. Notwithstanding the provisions of Section 8400, the
description contained in Section 508.7.4 is amended to read:
• 'Type I hoods where the cooking equipment includes low-temperature appliance such as
median to low temperature ranges, roasters, roasting ovens, pastry ovens and equipment
approved for use under a Type II hood."
(c) Notwithstanding the provisions of Section 8400, the Mechanical Code is
amended by adding Section 101 through 116 to read as follows:
101. Not Used.
102. Purpose and Intent. The purpose of this Code is to provide minimum standards to
preserve the public health, safety and welfare by regulating the design, construction,
installation, quality of materials, location, operation, and maintenance of heating,
40 ventilating, comfort cooling, refrigeration systems, and other miscellaneous heat-producing
appliances. Consistent with this purpose, the provisions of this Code are intended and
always have been intended to confer a benefit on the community as a whole and are not
intended to establish a duty of care toward any particular person.
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This code shall not be construed to hold the City or any officer, employee or agent
thereof responsible for any damage to persons or property by reason of any inspection
authorized herein or by reason of the issuance or non-issuance of any permit authorized
herein, and/or for any action or omission in connection with the application and/or
enforcement of this Code. By adopting the provisions of this Code the City does not
intend to impose on itself, its employees, or agents any mandatory duties of care toward
persons and property within its jurisdiction so as to provide a basis of civil liability for
damages.
This section is declaratory of existing law and is not to be construed as suggesting that
such was not the purpose and intent of previous Code adoptions.
103. Scope. The provisions of this Code shall apply to the erection, installation,
alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating,
ventilating, comfort cooling, refrigeration systems, incinerators or other miscellaneous
heat-producing appliances.
Where, in any specific case, different sections of this Code specify different materials,
methods of construction or other requirements, the most restrictive shall govern.
Appendix C contains a list of recommended equipment standards and is intended to
serve only as a guide. The design and testing of equipment regulated by this Code shall
be subject to the approval of the Mechanical Official.
• 104. Building official. The office of Building official exists in the Building and Safety
Division of the City of Rosemead. The building official shall administer the provisions of
this Code and shall be well versed in accepted mechanical engineering practices and
techniques, construction and installation methods, and in the statutes of the State of
California and the ordinances of the City of Rosemead relating to heating, ventilating,
comfort cooling, refrigeration systems, and other miscellaneous heat-producing
equipment.
105. Use of Terms. Whenever the term "Chief Mechanical Inspector," "Mechanical
Inspector," or "Administrative Authority" is used in this Code, other than in Section 104,
such term shall be construed to mean the "Building Official" of the City of Rosemead or
his authorized representative.
106. Existing Equipment. Heating, ventilating, comfort cooling, refrigeration systems, or
other miscellaneous heat-producing appliances lawfully installed prior to the effective date
of this Code may have their existing use, maintenance or repair continued if the use,
maintenance or repair is in accordance with the original design and location and is not
a hazard to life, health, or property.
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All heating, ventilating, comfort cooling, refrigeration systems, or other miscellaneous heat-
producing appliances, both existing and new, and all parts thereof, shall be maintained
in a safe and sanitary condition. All devices or safeguards which are required by this
Code in heating, ventilation, comfort cooling, refrigeration systems, or other miscellaneous
heat-producing appliances when installed, altered, or repaired, shall be maintained in
good working order.
The owner or his designated agent shall be responsible for the maintenance of heating,
ventilating, comfort cooling, refrigeration systems, or other miscellaneous heat-producing
appliances.
107. Alternate Materials and Methods of Construciton. The provisions of this Code are
not intended to prevent the use of any materials or methods of construction not
specifically prescribed by this Code, provided any such alternate has been approved.
The building official may approve any such alternate provided he finds that the proposed
design is satisfactory and complies with the provisions of this Code, and that the material,
method, or work offered is, for the purpose intended, at least the equivalent of that
prescribed in this Code in quality, strength, effectiveness, fire resistance, durability, and
safety.
The building official shall require that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use.
• Application for use of an alternate material or method of construction shall be submitted
in writing to the building official.
108. Violations and Penalties. It shall be unlawful for any person, firm, or corporation to
erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating,
comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be
done, contrary to or in violation of any of the provisions of this Code. Maintenance of
equipment which was unlawful at the time it was installed, and which would be unlawful
under this Code if installed after the effective date of this Code, shall constitute a
continuing violation of this Code.
Any person, firm or corporation violating any of the provisions of this Code shall be
deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during which any violation of
• any of the provision of this Code is committed, continued, or permitted, and upon
conviction of any such violation, such person shall be punishable by a fine of not more
than $1000.00 or by imprisonment for not more than six months, or by both such fine and
imprisonment.
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109. Board of Appeals. In order to determine the suitability of alternate materials and
types of construction and to provide for reasonable interpretations of the provisions of this
Code, the board of appeals as established in Section 8100 of the Rosemead Municipal
Code shall act as a Board of Appeals. The Board shall adopt reasonable rules and
regulations for conducting its investigations.
110. Duties of the Mechanical Inspector.
110.1 Submission of and Checking of Plans. The Mechanical Inspector shall examine
and check plans and specifications, drawings, descriptions, and diagrams required by
Section 112.1 of this Code and upon approval thereof shall issue the permit applied for.
110.2 Fees. The Mechanical Inspector shall collect such fees as are required by this
code and issue receipts therefor, copies of which shall be maintained as a record in his
office. He shall transfer all fees collected by him to the proper authority provided by law
to receive such funds.
110.3 Inspection. The Mechanical Inspector shall inspect all mechanical work authorized
by any permit for compliance with the provisions of this Code or amendments thereto,
and may approve or reject said work in whole or in part as conditions require.
110.4 Certificate of Approval. The Mechanical Inspector shall issue upon request a
Certificate of Approval for any work approved by him.
• 110.5 Work Rejected. The Mechanical Inspector shall have the authority to reject all
work done or being done or materials used or being used which do not comply with the
provisions of this Code and amendments thereto.
110.6 Corrections. The Mechanical Inspector may order changes in workmanship or
materials, or both, to obtain compliance with the provisions of this Code.
110.7 Investigation. The Mechanical Inspector may investigate any construction or work
regulated by this Code, and issue such notices and orders as provided under Section
110.10.
110.8 Records. The Mechanical Inspector shall keep a complete record of all the
essential transactions of his office.
110.9 Permission to Enter. Every applicant for a permit (pursuant to Section 111) shall
be deemed to have given his permission to the Mechanical Inspector or his duly
authorized representative to enter at reasonable times any building, structure or premises
to which the permit relates to perform any duty imposed upon him by this Code. Every
person who denies or prevents, obstructs, or attempts to deny, prevent or obstruct such
access is guilty of a misdemeanor.
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110. 10 Dangerous Construction or Equipment. Whenever it is brought to the attention
of the Mechanical Inspector that any construction or equipment regulated by this Code
is dangerous, unsafe, or a menace to life, health or property or is in violation of this Code,
the Mechanical Inspector shall have the authority to make an investigation. The
Mechanical Inspector shall have the authority to order any person, firm or corporation
using or maintaining any such condition or responsible for the use or maintenance thereof
to discontinue the use of or maintenance thereof or to repair, alter, change, remove or
demolish same, as he, in his discretion, may consider necessary for the protection of life,
health or property. The Mechanical Inspector shall have the authority, in the case of any
gas appliance or equipment, to order any person, firm or corporation supplying gas to
such appliance or equipment to discontinue supplying gas thereto until such gas
appliance or equipment is remedied or repaired to the satisfaction of the Mechanical
Inspector.
Every such order shall be in writing addressed to the owner, agent or person responsible
for the premises in which such condition exists, and shall specify the date or time when
such order shall be complied with, which time shall allow a reasonable period in which
such order can be complied with by the person receiving such order. Refusal or failure
or neglect to comply with any such notice or order shall be considered a violation of this
ordinance.
110.11 liability. The liability and indemnification of the Building official and any of his
subordinates are governed by the provisions of Division 3.6 of Title 1 of the Government
Code.
. 110.12 Stop Orders. Whenever any work regulated by this Code is being done contrary
to the provisions thereof, the Mechanical Inspector may order the work stopped by notice
in writing served on any persons engaged in doing or causing such work to be done.
Any such persons shall forthwith stop such work until authorized by the Mechanical
Inspector to proceed with the work.
111. Permits.
111.1 Permits Required. No person shall install, alter, reconstruct or repair any heating,
ventilating, comfort cooling, or refrigeration equipment unless a permit therefore has first
been obtained from the building official.
A permit shall be obtained for all heating, ventilating, comfort cooling, or refrigeration
equipment, moved with, or installed in, any relocated building. A separate permit shall
be obtained for the equipment installed in each separate building or structure. Permits
are not transferable from one person to another or from one location to another.
No permit shall be required for the following:
Any portable heating appliance.
2. Any portable ventilating equipment.
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3. Any portable comfort cooling unit.
4. Any steam, hot, or chilled water piping within any comfort heating or cooling
equipment regulated by this Code.
5. Replacement of any component part or assembly of an appliance which does not
alter its original approval and complies with other applicable requirements of this
Code.
6. Any portable evaporative cooler.
7. Any refrigerating equipment which is a part of the equipment for which a permit
has been issued pursuant to the requirements of this Code.
8. Any unit refrigerating system.
111.2 Permit Application. To obtain a permit, the applicant shall file an application on
forms furnished for that purpose. The application shall contain all information necessary
to the lawful enforcement of the provisions of this Code.
112. Plan Required and Plan Check Fees.
112.1. Plans Required. The Administrative Authority may require the submission of plans,
specifications, drawings, and such other information as he may deem necessary, prior
• to the commencement of and at any time during the progress of any work regulated by
this Code.
The issuance of a permit upon plans and specifications shall not prevent the
Administrative Authority from thereafter requiring the correction of errors in said plans and
specifications, or from preventing construction operations being carried on thereunder
when in violation of this Code or of any other pertinent ordinance, or from revoking any
certificate of approval when issued in error.
Two sets of plans and specifications shall be submitted and approved before the issuance
of any permit for:
112.1.1 Installations where the aggregate BTU input capacity for either comfort
heating or comfort cooling is more than 500,000 BTU. Plans shall detail all
the mechanical systems, including comfort heating systems, comfort cooling
systems, refrigeration systems and ventilation systems and hoods.
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112.1.2 Installations of the following individual systems:
(i) Food processing establishment containing a commercial-type I or II hood;
(ii) Garage ventilation systems installed in compliance with the provisions of the
Building Code;
(iii) Stair pressurization systems installed in compliance with the provisions of the
Building Code;
(iv) Product conveying duct systems installed in compliance with Chapter 5 of this
Code;
(v) Tenant improvement installations requiring review to verify compliance with the
State's Energy Regulations, when a building permit is not required for that work.
112.1.1 Direct-fired Gas Makeup and Industrial Air Heaters. The installer shall
submit plans showing the proposed installation, indicating the location of the
heater and such accessories as may be required to ensure the proper and
safe performance of its function.
112.2 Plan Check Fees. A plan checking fee shall be paid to the Building official at the
time of submitting the plans and specifications for work described in Section 112.1 above.
Said fee shall be:
• 112.2.1 For projects meeting the criteria established in subsection 112.1(1) above,
the fee shall be equal to 50 percent of the required mechanical permit fee.
EXCEPTION: Identical appliances of 100,000 BTU or less, installed in a single
building:
Up to and including 10............ 50 percent of permit fee
For each appliance over 10.... an additional 5 percent of its permit fee
In addition to the aforementioned fees, the Building official may require additional charges
for plan check services beyond the initial and second check when such additional work
is due to changes, omissions or errors on the part of the plan check applicant. The
• payment of said charges shall not exempt any person from compliance with other
provisions of this Code.
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113. Validity and Length of Permit.
113.1 Validity. The issuance or granting of a permit or approval of plans and
specifications shall not be construed to be a permit for, or an approval of, any violation
of any of the provisions of this Code. No permit presuming to give authority to violate or
cancel the provisions of this Code shall be valid, except insofar as the work or use which
it authorizes is lawful.
The issuance of a permit based upon plans and specifications shall not prevent the
Building Official from thereafter requiring the correction of errors in said plans and
specifications, or from preventing construction being carried on thereunder when in
violation of this Code or of any other ordinance.
113.2 Expiration. Every permit issued by the Building Official under the provisions of this
Code shall expire by limitation, and become null and void, if the work authorized by such
permit is not commenced within one year from the date of such permit, or if the work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of one year. Before such work can be recommenced, a new
permit shall be first obtained, and the fee therefore shall be one-half the amount required
for a new permit for such work provided no changes have been made or will be made
in the original plans and specifications for such work; and provided, further, that such
suspension or abandonment has not exceeded one year.
Any permittee holding an unexpired permit may apply for an extension of the time within
• which he may commence work under that permit when he is unable to commence work
within the time required by this section for good and satisfactory reasons. The Building
Official may extend the time for action by the permittee for a period not exceeding 180
days upon written request by the permittee showing that circumstances beyond the
control of the permittee have prevented action from being taken. No permit shall be
extended more than once. In order to renew action on a permit after expiration, the
permittee shall pay a new full permit fee.
113.3 Suspension or Revocation. The Building Official may, in writing, suspend or
revoke a permit issued under provisions of this Code whenever the permit is issued in
error or on the basis of incorrect information supplied, or in violation of any ordinance or
regulation or any of the provisions of this Code.
113.4 Investigation Fee for Work Without Permit. Whenever any work has been
. commenced without a permit as required by the provisions of Section 111.1 of this Code,
a special investigation shall be made prior to the issuance of the permit.
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An investigation fee shall be collected for each permit so investigated. The investigation
fee shall be equal to and in addition to the permit fees specified in the current city fee
resolution.
EXCEPTION: The investigation fee shall be reduced when the Building official has
determined that the owner-builder of a one family or two family
dwelling, accessory building or accessory structure had -no
knowledge that a permit was necessary and had not previously
applied for a permit from the Building and Safety Division of the City
of Rosemead.
The payment of the investigation fee shall not exempt any person from compliance with
all other provisions of this Code nor from any penalty prescribed by law.
113.5 Refund. In the event that any person shall have obtained a permit and no portion
of the work or construction covered by such permit shall have been commenced and
such permit shall have been cancelled without any work having been done as provided
for in Section 113.2, the permittee upon presentation to the Building official of a request
therefor in writing, shall be entitled to a refund in an amount equal to 80 percent of the
fee actually paid for such permit.
The Building official will satisfy himself as to the right of such applicant to such refund and
each such refund shall be paid as provided by law for the payment of claims against the
City. No refund shall be made when a permit has been obtained by falsification or
i misrepresentation and has been revoked for such cause.
113.6 Exemption from Fees. The requirement for fees contained in this Code shall not
apply when the collection of such fees is contrary to the provisions of any contract to
which the City of Rosemead is a part or is legally prohibited by statute.
113.7 Transfer. Permits are not transferable from one person to another or from one
location to another.
113.8 Noncompliance Fee. If the Building official in the course of enforcing the
provisions of this Code or any state law issues an order to any person and that person
fails to comply with the order within 15 days following the due date for compliance stated
in the order, including any extensions thereof, then the Building official shall have the
authority to collect a noncompliance fee.
The noncompliance fee shall not be imposed unless the order states that a failure to
comply within 15 days after the compliance date specified in the order will result in the fee
being imposed. No more than one such fee shall be collected for failure to comply with
an order.
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114. Not Used.
115. Inspection. All equipment for which a permit is obtained under this Code shall be
inspected by the Building Official.
No portion of any equipment intended to be concealed by any permanent portion of the
building shall be concealed until inspected and approved.
When the installation of any equipment is complete, a second or final inspection shall be
made.
Equipment regulated by this Code shall not be connected to the fuel or power supply until
authorized by the Building Official.
EXCEPTION: The requirements of this Section shall not be considered to prohibit
the operation of any heating equipment installed to replace existing
heating equipment serving an occupied portion of a building, in the
event a request for inspection of such heating equipment has been
filed with the Division not more than 48 hours after such replacement
work is completed, and before any portion of such equipment is
concealed by any permanent portion of the building.
A final inspection approval may, upon notice, be revoked by the Building Official if he finds
that the heating, ventilating, comfort cooling, or refrigeration equipment fails in any respect
• to comply with the requirements of this Code, or that the installation is unsafe, dangerous,
or a hazard to life or property.
116. Request for Inspection. The Building Official may require that every request for
inspection be filed at least one day before such inspection is desired. Such request may
be in writing or by telephone at the option of the Building Official.
It shall be the duty of the person requesting inspection of any equipment regulated by this
Code to provide access to any means for proper inspection of such equipment.
The Building official shall not be liable for any expense entailed in the removal or
replacement of any material required to allow the inspection.
8404 VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or
40 corporation to erect, install, alter, repair, relocated, add to, replace, use, or maintain
heating, ventilation, comfort cooling, or refrigeration equipment in the jurisdiction,
or cause the same to be done, contrary to or in violation of any of the provisions
of the Mechanical Code. Maintenance of equipment or system which was unlawful
at the time it was install, and which would be unlawful under said Mechanical Code,
shall constitute a continuing violation of said Mechanical Code. Any person, firm,
or corporation violating any of the provisions of said Building Code, Electrical
Code, Plumbing code, and Mechanical Code shall be deemed guilty of
misdemeanor, and each such person shall be deemed guilty of a separate offense
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for each and every day or portion thereof during which any violation of any of the
provisions of said Mechanical Code is committed, continued, or permitted, and
upon conviction of any such violations such person shall be punishable by a fine
of not more than one thousand dollars ($1,000.) or by imprisonment in the County
Jail for a period of not more than six (6) months or by both such fine or
imprisonment.
SECTION 6
The modifications to the Building Code, Plumbing Code, Mechanical Code, and Electrical
Code, enacted by this Ordinance are merely a continuation of the current Rosemead
Building, Electrical, Plumbing, and Mechanical Codes. Changes and modifications to said
Codes, whether previously enacted or contained in this Ordinance, are reasonably
necessary because of local climatic, geological and topographical conditions.
In particular, the modifications to these codes are reasonably necessary because of the
local climate which is characterized by hot dry summers, followed by Santa Ana winds
and heavy winter rains which make structures particularly vulnerable to rapidly spreading,
wind-driven fires.
PASSED, APPROVED and ADOPTED this 12th day of December , 1995 by the
following vote to wit:
40 AYES: Clark, Taylor, Vasquez, Bruesch, Imperial
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Nancy Valderrama, City Clerk
iI hereby certify that the foregoing Ordinance No. 761
E!_K:tb3 was duly introduced and placed upon first reading at a regular
01309\3012\MISC01 meeting of the City Council on the 28th day of November, 1995,
6620 and that thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the 12th day of
December, 1995, by the above vote.
CITY CLERK
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