Chapter 9.07 RESIDENTIAL CODE

Chapter 9.07
RESIDENTIAL CODE

Sections:

9.07.010 Adoption by reference of the California Residential Code.

9.07.030 Amendments to California Residential Code.

9.07.010 Adoption by reference of the California Residential Code.

Except as provided herein, the 2022 Edition of the State of California Residential Code (California Code of Regulations, Title 24, Part 2.5), including any amendments and Appendix AI—Patio Cover, and Appendix AJ—Existing Buildings and Structures, thereof, as promulgated and published by the California Building Standards Code, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as “the Residential Code of the City of South Gate” (“residential code” herein). Requests to review the 2022 Edition of the California Residential Code are available through the city clerk’s office.

(Ord. 2022-10-CC § 7, 11-29-22; Ord. 2020-02-CC § 10 (part), 5-26-20: Ord. 2332 § 13 (part), 11-22-16: Ord. 2311 § 13 (part), 11-26-13: Ord. 2277 § 13 (part), 11-23-10. Formerly 9.19.010)

9.07.020 Violations and penalties.

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

(Ord. 2022-10-CC § 7, 11-29-22; Ord. 2020-02-CC § 10 (part), 5-26-20: Ord. 2332 § 13 (part), 11-22-16: Ord. 2311 § 13 (part), 11-26-13: Ord. 2277 § 13 (part), 11-23-10. Formerly 9.19.020)

9.07.030 Amendments to California Residential Code.

Notwithstanding the provisions of Section 9.07.010, the 2022 Edition of the California Residential Code is hereby amended by:

A. Adding Items 8 and 9 to Subsection R105.3 (Application for permit) of Section R105 (Permits) to read as follows:

R105.3 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.

B. Adding a new Subsection R105.5.2 (Expiration) of Section R105.5 (Expiration) of Chapter I, Scope and Application, Division II, Administration, Part 2—Administration and Enforcement, of the California Residential Code to read as follows:

R105.5.2 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.

C. Adding a new Subsection R105.10 (Permits Required) to Section R105 (Permits) to read as follows:

R105.10 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.

D. Adding a new Subsection R105.11 (Permit Refusal) to Section R105 (Permits) to read as follows:

R105.11 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 R106.6 (Plan Review Fees) to Section R106 (Construction Documents) to read as follows:

R106.6 Plan Review Fees.

The plan review fees are separate fees from the permit fees specified in Section [A]108, 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.

F. Adding a new Subsection R108.7 (Double Fees) to Section R108 (Fees) to read as follows:

R108.7 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.

G. Adding new Subsections R109.5 and R109.6 to Section R109 (Inspections) to read as follows:

R109.5 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.

R109.6 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.

H. Adding a new Subsection R111.4 to Section R111 (Service Utilities) to read as follows:

R111.4 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.

I. Amending Section R112 (Board of Appeals) in its entirety to read as follows:

R112.1 BOARD OF APPEALS CREATED; MEMBERSHIP; DECISIONS CREATING THE BOARD OF APPEALS.

1. There is hereby established a Board of Appeals consisting of five (5) members, all of whom shall be duly appointed members of the City Planning Commission. The Building Official shall be an ex-officio member and shall act as Secretary to the Board of Appeals.

2. The Board of Appeals shall be authorized to construe and to interpret the provisions of the Technical Codes set forth in Title 9 of this Code, and to make determinations as to whether proposed alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of such Technical codes.

3. The Board of Appeals shall adopt rules and regulations relating to the conduct of its inquiries and investigations.

4. All decisions and determinations of the Board of Appeals shall be submitted in writing to the Building Official, and a copy thereof shall be delivered to the person or persons who initiated the appeal or the request for an interpretation.

5. Any decision of the Board of Appeals to approve or deny an appeal may be appealed by the aggrieved party to the City Council by filing a request therefore with the City Clerk, not later than ten days after such decision is rendered by the Board of Appeals. Upon receipt of such a request, the City Clerk shall set a date for hearing by the City Council, not later than sixty (60) days thereafter, and shall notify the appellant of such hearing date. Following said hearing by the City Council, the findings and decision of the City Council shall be adopted by resolution. The determination of the City Council shall be final and conclusive.

R112.2 ESTABLISHED

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.3 MEMBERSHIP

The Board of Appeals shall consist of five (5) members appointed by the City Council. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City.

R112.4 TERM-APPOINTMENT OF SUCCESSOR

The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedures for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.5 DISQUALIFYING ACTIVITY

A member shall not hear an appeal in which that member has a personal, professional or financial interest.

R112.6 REMUNERATION

Each appointee will receive the sum of Seventy-Five ($75.00) per meeting attended by the appointee.

R112.7 ELECTION OF CHAIRMAN OF THE BOARD OF APPEALS

The Board shall annually select one of its members to serve as chairperson.

R112.8 REMOVAL FROM OFFICE

The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure.

R112.9 ORGANIZATION – MEETINGS –RULES

The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines.

1. Registered design professional who is a registered architect.

2. Registered design professional with structural engineering experience.

3. State licensed contractor with at least 10 years experience.

4. Local resident or businessman with experience in construction.

5. Local advocate for accessibility and ADA requirements or local resident.

6. The City Building Official shall serve as Secretary of the Board.

There are six (6) meetings held annually.

The Board is authorized to establish policies and procedures necessary to carry out its duties.

Building related matters shall be as defined in the California Code of Regulations, Title 24, Part 2, 2007 California Building Code, Volume 1; but shall specifically exclude any issues related to the general plan or zoning ordinance; and,

Pursuant to Health and Safety Code Section 189.45 (a) any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of any state agency, respecting the administration of any building standard may appeal the issue for resolution to the Board; and,

Pursuant to Health and Safety Code Section 189.45 (b) any local agency having authority to enforce a State Building Standards and any person adversely affected by any regulations, rule, omission, interpretation, decision or practice of such agency respecting such buildings standard wish to appeal the issue for resolution to the Board, then both parties may appeal to the commission. The Board may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance; and,

Any and all action subject to the Boards purview shall be appealable to the City Council within ten business day after the date of execution of final decision from the Board; and,

California Building Code provides that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

The Board shall have the authority to review code enforcement appeals and to waive or reduce rates, fees and charges related to building restoration fees for garage conversions and other related assessments, fees and/or charges arising from matters which are addressed by South Gate Municipal Code Title 9.

J. Replacing Blank Table R301.2.(1), buildings shall be designed with the additional criteria and provisions of this table which shall read as follows:

Table R301.2.(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND SNOW LOAD	WIND DESIGN				SEISMIC DESIGN CATEGORY f	SUBJECT TO DAMAGE FROM			WINTER DESIGN TEMP e	ICE BARRIER UNDERLAYMENT REQUIRED h	FLOOD HAZARDS g	AIR FREEZING INDEX i	MEAN ANNUAL TEMP j
GROUND SNOW LOAD	Speed d (mph)	Topographic effects k	Special Wind regioni	Wind-borne debris zonem	SEISMIC DESIGN CATEGORY f	Weathering a	Frost line Depth b	Termite e	WINTER DESIGN TEMP e	ICE BARRIER UNDERLAYMENT REQUIRED h	FLOOD HAZARDS g	AIR FREEZING INDEX i	MEAN ANNUAL TEMP j
ZERO	85	NO	NO	NO	D2	NEGLIGIBLE	ZERO	ZERO	49°	NO	NO	ZERO	60°

(Ord. 2022-10-CC § 7, 11-29-22; Ord. 2020-02-CC § 10 (part), 5-26-20: Ord. 2332 § 13 (part), 11-22-16: Ord. 2311 § 13 (part), 11-26-13: Ord. 2277 § 13 (part), 11-23-10. Formerly 9.19.030)