Chapter 9.02 BUILDING CODE

Chapter 9.02
BUILDING CODE

Sections:

9.02.010 Adoption by reference of the California Building Code.

9.02.030 Amendments to the California Building Code.

9.02.010 Adoption by reference of the California Building Code.

Except as provided herein, the 2022 Edition of the State of California Building Code (California Code of Regulations, Title 24, Part 2), including Appendix F, Rodent Proofing; Appendix H, Signs; Appendix I, Patio Covers; and Appendix J, Grading; based in the 2021 International Building Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as “the Building Code of the City of South Gate” (“building code” herein). Requests to review the 2022 Edition of the California Building Code are available through the city clerk’s office.

(Ord. 2022-10-CC § 2, 11-29-22; Ord. 2020-02-CC § 2 (part), 5-26-20: Ord. 2332 § 2 (part), 11-22-16: Ord. 2311 § 2 (part), 11-26-13: Ord. 2277 § 2 (part), 11-23-10: Ord. 2245 § 2 (part), 1-8-08: Ord. 2244 § 2 (part), 11-27-07: Ord. 2137 § 3 (part), 4-8-03)

9.02.020 Violations and penalties.

Any person violating any of the provisions of the California Building 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 provision of the California Building Code is committed, continued or permitted. Upon conviction, any such violation shall be punishable as provided for in Title 1.

(Ord. 2022-10-CC § 2, 11-29-22; Ord. 2020-02-CC § 2 (part), 5-26-20: Ord. 2137 § 3 (part), 4-8-03)

9.02.030 Amendments to the California Building Code.

Notwithstanding the provisions of Section 9.02.010, the 2022 Edition of the California Building Code is hereby amended by:

A. Amending Subsection 103.1 (Code Compliance Agency) of Part 2—Administration and Enforcement, Section 103 (Department of Building and Safety) in its entirety to read as follows:

Section 103.1 Creation of Enforcement Agency

There is hereby established in the City of South Gate a Code Compliance Agency. Said Code Compliance Agency shall be the Division of Building and Safety under the direction of the Director of Community Development. The official in charge shall be the Building Official.

B. Adding Items 8 and 9 to Subsection [A]105.3 (Application for permit) of Section 105 (Permits) to read as follows:

[A]105.3 Application for permit.

8. Where a license is required by the State of California, no permit shall be issued unless the applicant has such a license.

9. A separate application shall be required for each building.

C. Adding a new Subsection [A]105.5.2 (Expiration) of Section [A]105.5 (Expiration) of Chapter 1 (Scope and Administration) of the California Building Code to read as follows:

[A]105.5.2 Expiration.

Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, 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. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee 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 one hundred and eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.

The permit shall expire two (2) years from the date of issuance. Before any work can be continued after such expiration, a new permit shall first be obtained.

D. Adding a new Subsection [A]105.8 (Permit Refusal) to Section 105 (Permits) to read as follows:

[A]105.8 Permit Refusal.

If upon demand of the Building Official, the applicant is unable to produce evidence that the applicant has complied or is complying with all State or City laws governing or regulating the erection, construction, enlargement, alteration, repair, removal, conversion, or maintenance of buildings or structures, or governing or regulating the persons engaging in such activities, including all safeguards required for the protection of the City, the public, employees of the applicant, or other persons, such as bonds, insurance, licensing, and other specific requirements which may be required by City ordinance or State law, then the Building Official shall refuse to issue a permit required under any Technical Codes of this Title 9.

PRE-REQUISITES: Before any permit is issued (except for minor remodeling or repair of any existing structure), it shall appear to the Building Official that all ordinances and regulations of the City pertaining to zoning, public works, subdivisions, precise plans, specific plans, setback lines, fire, health, and other matters, which are applicable to the property for which the permit is sought, have been complied with, and that the issuance of the permit will not result in the contravention of any ordinance, law, rule or regulation of the City, including the technical codes of this Title 9.

E. Adding a new Subsection [A]105.9 (Permits Required) to Section 105 (Permits) to read as follows:

[A]105.9 Permits Required.

A list of all subcontractors and material men who are performing work or furnishing materials shall be provided before work is commenced under the permit. If any subcontractors or material men to be used on the project are not known at the time of application, their names and addresses shall be supplied to the Department of Community Development/Division of Building and Safety within ten (10) days after any subcontractor or material man is selected by the contractor.

No final inspection shall be made, no certificate of occupancy shall be issued, and no building or structure shall be used or occupied unless all provisions of this Section have been complied with.

F. Adding a new Subsection [A]107.6 (Plan Review Fees) of Section 107 (Construction Documents) to read as follows:

[A]107.6 Plan Review Fees.

The plan review fees are separate fees from the permit fees specified in Section 109 (Fees), and are in addition to the permit fees. The plan review fees shall be paid in accordance with the fee resolution of the South Gate Municipal Code.

G. Adding a new Subsection [A]109.7 (Double Fees) to Section 109 (Fees) to read as follows:

[A]109.7 Double Fees.

When any work for which a permit is required by any technical code set forth in this Title 9 is commenced prior to obtaining a required permit, the fees specified under the provisions of such technical code shall be doubled, but in no event shall they be less than ninety-eight dollars ($98.00). The payment of such double fees shall not release any person from complying with the requirements of any technical code set forth in this Title 9, nor from any penalties prescribed therein. The additional fees are imposed solely for the purpose of reimbursing the City for the additional work involved with the inspection, regulation and administration of the applicable provisions of the technical codes set forth in this Title 9.

H. Adding new Subsections [A]110.7 and [A]110.8 to Section 110 (Inspections) to read as follows:

[A]110.7 Permission to Cover Work.

It shall be unlawful to lath over, seal, cover or otherwise conceal any improvement which is regulated by the provisions of a technical code set forth in this Title 9 and for which a permit is required, until such improvement has been inspected and approved by the Administrative Authority or his designee. The Administrative Authority, or his designee, shall have the authority to remove, or to require the removal of, any obstruction which prevents complete inspection of any work of improvement.

[A]110.8 Corrections

All installations not in compliance with the requirements of any technical code of this Title 9 shall be corrected within ten (10) days after inspection notification, or within such other reasonable period of time as may be authorized by the Administrative Authority. Failure to comply shall be sufficient cause for the refusal of the Administrative Authority to issue any additional permit until all corrections have been made.

I. Adding a new Subsection [A]111.5 to Section 111 (Certificate of Occupancy for Existing Non-Residential Structures) to read as follows:

[A] 111.5 Certificate of Occupancy for Existing Non-Residential Structures.

A certificate of Occupancy will be required for new business license applications. An inspection of the premises will be conducted to determine compliance with existing city codes; upon inspection approval a certificate of occupancy will be issued to the new business.

J. Adding a new Subsection [A]112.4 to Section 112 (Service Utilities) to read as follows:

[A]112.4 Connections.

No serving agency shall furnish or supply any utilities energization of a work or improvement regulated by any technical code set forth in this Title 9 until authorized by the Administrative Authority.