CHAPTER 1
BUILDING CODE

(Added by O-10; Amended by O-46; O-54; O-107; O-312; O-462; O-552; O-643; O-820; O-940; O-1080; O-1577; O-1685; O-1721; O-1785; O-1892; O-1895; O-2042; O-2066; O-2105; O-2131; O-2373; O-2374; O-2382; O-2410; O-2448; O-2827; O-2839; O-2852; O-3004; O-3139; O-3204; O-3289)

ARTICLE 1 - CALIFORNIA BUILDING CODE

(Added by O-3909)

81.1.1 ADOPTION OF CALIFORNIA BUILDING CODE.

Those certain documents in book form entitled "California Building Code Volumes 1 and 2 with Appendices," 2022 Edition, published by the International Code Council and the California Building Standards Commission, not less than one (1) copy each of which have been and are now filed in the office of the City Clerk of the City of Torrance, save and except such portions as are hereinafter deleted, modified, or amended by the ordinance codified in this chapter, are hereby adopted by the City Council of the City of Torrance as the Building Code and Standards of the City of Torrance.

ARTICLE 2 - AMENDMENTS TO CALIFORNIA BUILDING CODE

(Added by O-3909)

81.2.1 AUTHORITY. [ADMINISTRATIVE]

A new section 104.12 is added to the California Building Code, 2022 Edition, to read in its entirety as follows:

104.12 Authority. The Building Official shall have the authority to adopt rules and regulations to clarify and interpret the provisions of this ordinance. The Building Official may also approve variations and omissions when such variation or omissions are not detrimental to the life, health, safety, or welfare of the public, and do not violate the intent or purpose of this code.

81.2.2 EXEMPTED WORK. [GEOLOGICAL]

Section 105.2 of the California Building Code, 2022 Edition, is hereby deleted and a new section 105.2 is added to read in its entirety as follows:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building

1.    One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2.    Fences not over three 3 feet high.

3.    Oil Derricks

4.    Retaining walls that are not over four 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A Liquids.

5.    Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than two (2) to one (1).

6.    Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7.    Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8.    Temporary motion picture, television and theater stage sets and scenery.

9.    Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 12 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.

10.    Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.    Swings and other playground equipment accessory to detached one- and two-family dwellings.

12.    Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.

13.    Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1.    Portable heating appliance

2.    Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1.    Portable heating appliance.

2.    Portable ventilation equipment.

3.    Portable cooling unit.

4.    Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5.    Replacement of any part that does not alter its approval or make it unsafe.

6.    Portable evaporative cooler.

7.    Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1.    The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2.    The cleaning of stoppages of the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

81.2.3 PERMITS. [ADMINISTRATIVE]

Section 105.5 of the California Building Code, 2022 Edition, is hereby deleted and a new section 105.5 is added to read in its entirety as follows:

105.5 Permit Expiration. Every permit issued by the Building Division pursuant to this chapter shall expire and become null and void if any of the following occur:

(a)    The building or work authorized by such permit is not commenced within 180 days after its issuance or two years from the date of the permit application, or

(b)    The building or work authorized by such permit is stopped, suspended or abandoned for a period of 180 days after the time the work is commenced, or

(c)    The building or work authorized by the permit has not been completed within three years from the date the permit was issued.

When a permit expires under this section, no building or work shall be done unless the permittee obtains a new permit or a renewal permit as provided in sections 105.5.1-105.5.5.

105.5.1 Permits Where Work Has Not Commenced. For a permit where work has not commenced in the first 180 days from the date the permit was issued or two years from the date of the permit application, the permittee may obtain a renewal permit provided:

(a)    No changes have been made or will be made in the original plans and specifications for the work.

(b)    Three years have not passed from the original issue date.

(c)    The same edition of the building codes are in effect as used in the original plan check and no relevant City ordinances, policies, rules or regulations have changed since the expiration of the permit. Where a later edition of the building codes have been adopted since the original plan check, the applicant shall apply for a new permit and the project shall be considered as a new plan check submittal. Accordingly, plans accompanying the new application shall reflect the requirements of the current building codes and relevant City ordinances, policies, rules or regulations in effect. A full new plan check fee shall be required and paid with the new application.

(d)    After the plans have been approved, the applicant pays a fee equal to one-half the amount required for a new permit.

(e)    A person issued a renewal permit shall be required to show the Building Official substantial progress in the form of a valid inspection every 180 days as required by section 105.5. The first 180-day period shall be measured from the date of renewal. A renewal permit issued under this section shall expire three years from the date the original permit was issued.

105.5.2 Permits Where Work Has Commenced. For a permit where the permittee commenced work and stopped work beyond the deadline provided in section 105.5, a permittee may obtain a renewal permit as follows:

(a)    No changes have been made or will be made in the original plans and specifications for such work.

(b)    Three years have not passed from the original issue date.

(c)    The applicant pays a fee equal to one-half the amount required for a new permit, except that where construction has progressed and has been approved to the point of requiring only a final inspection, the applicant shall pay a fee equal to one-quarter the amount required for a new permit.

(d)    A person issued a renewal permit shall be required to show the Building Official substantial progress in the form of a valid inspection every 180 days as required by section 105.5. The first 180-day period shall be measured from the date of renewal. A renewal permit issued under this section shall expire three years for the date the original permit was issued.

105.5.3 Work Authorized by the Permit Has Not Been Completed within Three Years. Where an applicant has not completed the work authorized by a permit within three years from the date the permit was issued, a renewal permit may be obtained as follows:

(a)    The applicant has commenced work based on the permit and the Building Official has approved the work.

(b)    No changes have been made or will be made in the original plans and specifications for the work.

(c)    The applicant shall pay a fee equal to the full amount required for a new permit, except that where the Building Official determines that work has progressed to a point that a lesser fee is warranted, the applicant shall pay the lesser fee.

(d)    A person issued a renewal permit shall be required to show the Building Official substantial progress in the form of a valid inspection every 180 days as required by section 105.5. The first 180-day period shall be measured from the date of renewal. The maximum life of a permit renewal issued under this section shall be 180 days from the renewal date. The permit may be renewed for 180 days thereafter provided the applicant meets all requirements of this section at time of each renewal.

105.5.4 Extension of an Unexpired Permit. A permittee holding an unexpired permit may apply for an extension of the time within which work pursuant to a permit may be extended on showing good cause why the work could not be completed with the time required by this chapter. The request for extension shall be in writing. The Building Official may grant a permittee a one-time extension under this section to complete the work for up to 180 days from the request without the permittee paying an additional fee, as long as the work will be completed within three years from the date the original permit was issued.

105.5.5 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)

81.2.4 ENFORCEMENT. [ADMINISTRATIVE]

A new section 114.5 is added to the California Building Code, 2022 Edition, to read in its entirety as follows:

114.5 Enforcement. The Building Official may require that a registered design professional evaluate the unpermitted work and prepare mitigation plans to mitigate such works.

81.2.5 DEFINITIONS. [ADMINISTRATIVE]

Section 202 of the California Building Code, 2022 Edition, is hereby amended to include the following revision to the definition of High Rise Building:

"HIGH RISE BUILDING" as used in this code:

1.    "Existing high-rise structure" means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974.

2.    "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 40 feet above the lowest level having building access (see Section 403), except buildings used as hospitals as defined in Health and Safety Code Section 1250.

3.    "New high-rise structure" means a high-rise structure, the construction of which is commenced on or after July 1, 1974.

81.2.6 FIRE RATINGS BETWEEN SIMILAR OCCUPANCIES. [CLIMATIC]

Section 508.4.5 is hereby added to the California Building Code, 2022 Edition, to read in its entirety as follows:

508.4.5 Fire Ratings Between Similar Occupancies. Where more than one (1) tenant or owner occupies a building and has the same character of occupancy, such tenants or owners shall be separated by a minimum of one-hour fire resistive construction, continuous from the ground to the roof.

Exceptions:

1.    Where all portions of the building, including attics, are protected by an automatic fire extinguishing system in accordance with NFPA Standards.

2.    In all Type I buildings.

3.    In multi-story buildings, separation walls may terminate at floors provided the floor system is of a one (1) hour minimum fire resistive construction.

81.2.7 AUTOMATIC FIRE EXTINGUISHING SYSTEMS. [CLIMATIC]

Section 903.2 of the California Building Code, 2022 Edition, is hereby amended to read as follows:

903.2 Where Required. An approved automatic sprinkler system must be provided in new buildings and structures for all occupancies. In addition, automatic sprinkler system shall be provided in the location described in section 903.2.1, 903.2.2, 903.2.7, 903.2.8.1.1, 903.2.9, 903.2.10.2 and 903.2.11.3.

Exception: New detached buildings under 1000 square feet in size subject to approval of Building Official.

903.2.1 Group A Occupancies.

903.2.1.1 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists:

1.    The cumulative building floor area exceeds 4,000 square feet (465 m2);

2.    The fire area has an occupant load of 100 or more; or

3.    The fire area is located on a floor other than the level of exit discharge.

903.2.2 Group B Occupancies.

903.2.2.1 General. An automatic sprinkler system shall be installed in Group B, Occupancies where the floor area exceeds 12,000 square feet on any floor or 12,000 square feet on all floors or in Group B occupancies more than three stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required.

903.2.2.2 Eating Establishments. An automatic sprinkler system shall be installed throughout every building containing one or more eating establishments with a total accumulative floor area in excess of four thousand (4000) square feet.

903.2.2.3 Group B Ambulatory Healthcare Facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time:

1.    Four or more care recipients are incapable of self-preservation.

2.    One or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy.

3.    In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in exempt amounts are used or stored.

4.    Throughout any Group E structure greater than 20,000 square feet (1155 m2) in areas, which is separated into two or more buildings by fire walls of less than four-hour fire resistance rating without openings.

903.2.7 Group M. An automatic sprinkler systems shall be provided throughout buildings containing Group M occupancy where one of the following conditions exists:

1.    Where a Group M fire area is located more than three stories above grade plane.

2.    Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 12,000 square feet (1115 m2).

3.    A Group M occupancy is used for the display and sale of upholstered furniture.

4.    The structure exceeds 12,000 square feet (1115 m2), contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

903.2.8.1.1 Existing R-3 Occupancies. An automatic sprinkler system must be provided throughout every existing R-3 occupancy when a 1,000 square foot or greater addition occurs established by the Building Code Official.

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all building containing a Group S-1 occupancy where one of the following conditions exists:

1.    Where a Group S-1 fire area is located more than three stories above grade plane.

2.    The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 12,000 square feet (1115 m2).

3.    A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet (464 m2).

903.2.10.2 Parking Garages. In parking garages over 10,000 square feet in area, incorporated within and part of Group R Occupancies and not otherwise covered by this code or the California Building code.

903.2.11.3 Building 40 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having usable floor area that is located 40 feet or four (4) stories above the lowest level of fire department vehicle access.

Exceptions:

1.    Airport control towers.

2.    Open parking structures.

3.    Occupancies in Group F-2.

81.2.8 SMOKE DETECTORS AND CARBON MONOXIDE IN RESIDENTIAL OCCUPANCIES. [CLIMATIC]

Section 907.2.11.10 of the California Building Code, 2022 Edition, is hereby added to read in its entirety as follows:

907.2.11.10 Smoke and Carbon Monoxide Detectors. When an existing dwelling unit changes ownership, a battery operated or permanently wired smoke and carbon monoxide detector system shall be installed incident to the change of ownership. The installation of State Fire Marshal approved units shall be certified by the owner or installer that the unit is operating in accordance with the manufacturer’s instructions. Permanently wired units shall require a separate electrical permit. Receipt of this certification by the City shall be deemed as compliance with this regulation.

81.2.9 POWER SOURCE FOR SMOKE-CONTROL SYSTEMS. [CLIMATIC]

Section 909.11.3 of the California Building Code, 2022 Edition, is hereby added to read in its entirety as follows:

909.11.3 Primary and Standby Power Source. The smoke-control system shall be supplied with two sources of power. Primary power shall be from the normal building power systems. Secondary power shall be from an approved standby source complying with Chapter 27 of this code. The standby power source and its transfer switches shall be in a room separate from the normal power transformers and switch-gear and ventilated directly to and from the exterior. The room shall be enclosed with not less than 1-hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 712, or both.

Transfer to full standby power shall be automatic and within 60 seconds of failure of the primary power. The systems shall comply with the Electrical Code.

Exception: The secondary power is not required for pressurized enclosures in buildings of less than 5 floors used for human occupancy.

81.2.10 STAIRS IN SMOKEPROOF ENCLOSURES. [CLIMATIC]

Section 909.20.2.6 of the California Building Code, 2022 Edition, is hereby added to read as follows:

909.20.2.6 Stairs. Stairs in smokeproof enclosures shall be of noncombustible construction.

81.2.11 STAIRWAY TO ROOF. [CLIMATIC]

Section 1011.12 of the California Building Code, 2022 Edition, is hereby amended to read in its entirety as follows:

1011.12.3 Stairway to Roof. In every building four or more stories in height all required stairways shall extend to the roof surface, unless the roof has a slope greater than four in twelve.

81.2.12 EXIT DOOR TO ROOF. [CLIMATIC]

Section 1011.12.3 of the California Building Code, 2022 Edition, is hereby added to read in its entirety as follows:

1011.12.3 Exit Door to Roof. The exit doors at the roof shall be locked at all times and shall not comply to Section 1010.2.4. Locking mechanisms shall have the capacity of being unlocked simultaneously without unlatching upon a signal from the central control station or the fire and sprinkler alarm system if a central control system is not required. Upon failure of electrical power, the locking mechanisms shall be retracted to the unlocked position.

81.2.13 SMOKE PROOF ENCLOSURES. [CLIMATIC]

Section 1023.12.3 of the California Building Code, 2022 Edition, is hereby added to read in its entirety as follows:

1023.12.3 Building Owners Responsibility. The building engineer shall test all the equipment referred to in these requirements at least once every thirty (30) days and maintain a log attesting to the results. The log shall be available for inspection by the Building Official and the Fire Chief.

81.2.14 ROOF DRAINAGE WATER. [CLIMATIC]

Section 1502.4 of the California Building Code, 2022 Edition, is hereby added to read in its entirety, as follows:

1502.4 Over Public Property. Unless otherwise approved by the Building Official, roof drainage water from a building shall be conducted from the roof by gutters to downspouts or roof drains by conduit underground to the street, or other approved drainage way.

Exception: Groups R, Division 3 and U Occupancies.

81.2.15 MINIMUM SLOPE OF BUILT-UP ROOFS. [CLIMATIC]

Section 1507.10.1 the California Building Code, 2022 Edition, is hereby amended to read in its entirety as follows:

1507.10.1 Slope. Built-up roofs shall have a design slope of a minimum of one-fourth unit vertical in 12 units horizontal (2-percent slope) for drainage.

81.2.16 VALUES FOR VERTICAL COMBINATIONS. [GEOLOGICAL]

Sections 1613.5 and 1613.5.1 are added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:

1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7.

1613.5.1 Values for vertical combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:

3.    Detached one- and two-family dwellings up to two stories in height of light frame construction.

81.2.17 WOOD DIAPHRAGMS CONTINUOUS TIES. [GEOLOGICAL]

Section 1613.5.2 is added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:

1613.5.2 Wood diaphragms. Modify ASCE 7 Section 12.11.2.2.3 as follows:

12.11.2.2.3 Wood diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section. Continuous ties required by this section shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toenails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective for providing the ties or struts required by this section.

For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:

1.    The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.

2.    The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.

81.2.18 STRUCTURAL SEPARATION. [GEOLOGICAL]

Section 1613.5.3 is added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:

1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:

(12.12-1)

81.2.19 SUSPENDED CEILINGS. [GEOLOGICAL]

Section 1613.7 is added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:

1613.7 Suspended ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this section.

1613.7.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.

1613.7.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.

1613.7.3 Sprinkler heads. All sprinkler heads (drops) except fire-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile. Sprinkler heads and other penetrations shall have a 2 inch (50mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 inch (25mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.

Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.

1613.7.4 Special requirements for means of egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies shall comply with the following provisions.

1613.7.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.

1613.7.4.2 Assembly device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm) radius of the exit lights and exit signs.

1613.7.4.3 Emergency systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this Code.

1613.7.4.4 Supports for appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.

81.2.20 STRUCTURAL OBSERVATIONS. [GEOLOGICAL]

Section 1704.6 of the 2022 Edition of the California Building Code is amended to read as follows:

1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1.    The registered design professional responsible for the structural design, or

2.    A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official. Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official.

81.2.21 STRUCTURAL OBSERVATIONS FOR SEISMIC RESISTANCE. [GEOLOGICAL]

Section 1704.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:

1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures where one or more of the following conditions exist:

1.    The structure is classified as Risk Category III or IV.

2.    The structure is a high-rise building.

3.    A lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

4.    Such observation is required by the registered design professional responsible for the structural design.

5.    Such observation is specifically required by the building official.

81.2.22 CONCRETE CONSTRUCTION. [GEOLOGICAL]

Section 1705.3 of the 2022 Edition of the California Building Code is amended to read as follows:

1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1.    Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

2.    Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1.    The footings support walls of light-frame construction;

2.2.    The footings are designed in accordance with Table 1809.7; or

2.3.    The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3.    Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4.    Concrete patios, driveways and sidewalks, on grade.

81.2.23 SPECIAL INSPECTIONS FOR SEISMIC RESISTANCE. [GEOLOGICAL]

Section 1705.13 of the 2022 Edition of the California Building Code is amended to read as follows:

1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.

Exception: The special inspections specified in Sections 1705.13.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:

1.    The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm).

2.    The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm).

3.    The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F, and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:

3.1    Torsional or extreme torsional irregularity.

3.2    Nonparallel systems irregularity.

3.3    Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4    Discontinuity in lateral strength-weak story irregularity.

81.2.24 PERMANENT WOOD FOUNDATION SYSTEMS. [GEOLOGICAL]

Section 1807.1.4 of the 2022 Edition of the California Building Code is amended to read as follows:

1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.

81.2.25 PRESCRIPTIVE DESIGN OF CONCRETE/MASONRY FOUNDATION WALLS. [GEOLOGICAL]

Section 1807.1.6 of the 2022 Edition of the California Building Code is amended to read as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

81.2.26 Retaining Wall [Geological]

Section 1807.2 of the 2022 Edition of the California Building Code is amended to read as follows:

1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood or interlocking blocks or stack pavers.

81.2.27 Stepped Footings. [Geological]

Section 1809.3 of the 2022 Edition of the California Building Code is amended to read as follows:

1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.

FIGURE 1809.3

STEPPED FOOTING

81.2.28 PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME CONSTRUCTION. [GEOLOGICAL]

Section 1809.7 and Table 1809.7 of the 2022 Edition of the California Building Code are amended to read as follows:

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF

LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS SUPPORTED BY THE FOOTINGf	WIDTH OF FOOTING (inches)	THICKNESS OF FOOTING (inches)
1	12	6
2	15	6
3	18	8

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm

a.    Depth of footings shall be in accordance with Section 1809.4.

b.    The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.

c.    Not Adopted.

d.    See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.

e.    For thickness of foundation walls, see Section 1807.1.6.

f.    Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.

81.2.29 TIMBER FOOTINGS. [GEOLOGICAL]

Section 1809.12 of the 2022 Edition of the California Building Code is amended to read as follows:

1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.

81.2.30 EXPANSIVE SOILS. [GEOLOGICAL]

Section 1809.15 is added to the 2022 California Building Code to read as follows:

1809.15 Expansive Soils. When expansive soils are present, the Building Official shall require that footings supporting light-frame construction shall, at a minimum, comply with the following provisions:

1.    MINIMUM FOUNDATION REQUIREMENTS FOR BEARING WALLS LOCATED IN EXPANSIVE SOIL

Number of Stories	Thickness of Wall Foundation (Inches)		Pier (inches)	Width of Footing (Inches)	Thickness of Footing (Inches)	Depth of Foundation Below Natural Grade Int./Ext. (Inches)
	Concrete	Unit Masonry
1	8	8	16x16	15	8	18/24
2	8	8	–	18	8	18/24
3	10	10	–	24	10	18/24

2.    MINIMUM FOOTINGS AND FOUNDATION WALL REQUIREMENTS

Footings and foundation walls when located on expansive soil shall be of concrete poured integrally and continuous under all exterior and interior bearing walls. Footings and foundation walls shall be reinforced continuously top and bottom. Footings and foundation walls for one-story buildings shall have a minimum of two (2) one-half (1/2) inch diameter steel bar. Footings and foundation walls for two story and three story buildings and over shall have a minimum of two (2) five-eighths (5/8) inch diameter steel bars. All access openings through foundation walls shall be provided with additional concrete and steel below access openings. Crawl holes through interior foundation walls shall not be closer than ten (10) feet to any intersecting exterior wall. Footings below any such crawl hole shall be dropped to provide a reinforced concrete beam section with a depth of at least twelve (12) inches between reinforcing rods. Foundation walls supporting wood shall extend six (6) inches above the finish grade adjacent to the wall at all points.

3.    MINIMUM SLAB FLOOR REQUIREMENTS

Concrete slab floors shall be a minimum of four (4) inches thick reinforced with one-half (1/2) inch diameter steel bars @ sixteen (16) inches on center in each direction. Concrete to be underlain by two (2) layers of two (2) inch sand fill with six (6) mils thick moisture barrier membrane between the two layers. Subgrade shall be saturated to 18" depth prior to placement of concrete.

81.2.31 TIMBER DEEP FOUNDATIONS. [GEOLOGICAL]

Section 1810.3.2.4 of the 2022 Edition of the California Building Code is amended to read as follows:

1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.

81.2.32 ACI 318 PLAIN CONCRETE. [GEOLOGICAL]

Section 1905.1.7 of the 2022 Edition of the California Building Code is amended to read as follows:

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(a)    Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.

(b)    Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

(c)    Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception:

1.    Detached one- and two-family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 and are permitted to have a total area of longitudinal reinforcement less than 0.002 times the gross cross-sectional area of the footing.

81.2.33 ACI 318 CONCRETE. [GEOLOGICAL]

Section 1905.1 is amended and Sections 1905.1.9 thru 1905.1.11 are added to Chapter 19 of the 2022 Edition of the California Building Code to read as follows:

1905.1 General. The text of ACI 318 shall be modified as indicated in Sections 1905.1.1 through 1905.1.11.

1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section 18.7.5.8 and 18.7.5.9 as follows:

18.7.5.8 Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections 18.7.5.1, Items (a) through (c), over the full height of the member.

18.7.5.9 – At any section where the design strength, ϕPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.7.6.1 and 18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, ϕPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.

1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.7 as follows:

18.10.4.7 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.

1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, by adding Section 18.12.6.2 as follows:

18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.

81.2.34 MASONRY CHIMNEYS. [GEOLOGICAL]

Section 2113.4 of the 2022 Edition of the California Building Code is amended as follows:

2113.4 Seismic Anchorage. Masonry chimneys shall be designed and constructed to comply with Section 1605. All masonry chimneys shall be anchored at each floor or ceiling line more than 6 feet above grade, except when constructed completely within the exterior walls of the buildings.

81.2.35 FASTENER REQUIREMENTS. [GEOLOGICAL]

Section 2304.10.2 of the 2022 Edition of the California Building Code is amended to read as follows:

2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

81.2.36 QUALITY OF NAILS. [GEOLOGICAL]

Section 2304.10.3.1 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:

2304.10.3.1 Quality of nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum penetration and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction shall be multiplied by the nail-head-area ratio of clipped head nails to that of the same size hand-driven nails.

81.2.37 WOOD USED IN RETAINING WALLS AND CRIBS. [GEOLOGICAL]

Section 2304.12.2.8 of the 2022 Edition of the California Building Code is amended to read as follows:

2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.

81.2.38 HOLD-DOWN CONNECTORS. [GEOLOGICAL]

Section 2305.4 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:

2305.4 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.

81.2.39 WOOD-FRAME DIAPHRAGMS. [GEOLOGICAL]

Section 2306.2 of the 2022 Edition of the California Building Code is amended to read as follows:

2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panels used to resist seismic diaphragm forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panels are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.

81.2.40 WOOD-FRAME SHEAR WALLS [GEOLOGICAL]

Section 2306.3 of the 2022 Edition of the California Building Code is amended to read as follows:

2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with ANSI/AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3A of ANSI/AWC SDPWS shall include the following:

1.     Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.

2.     The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

3.     Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

For structures assigned to Seismic Design Category D, E or F, application of Table 4.3B of ANSI/AWC SDPWS shall not be allowed.

For structures assigned to Seismic Design Category D, E or F, application of Table 4.3C of ANSI/AWC SDPWS shall not be used below the top level in a multi-level building.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the ANSI/AWC SDPWS.

81.2.41 WOOD-FRAME SHEAR WALLS. [GEOLOGICAL]

Section 2307.2 is added to the 2022 Edition of the California Building Code to read as follows:

2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

81.2.42 WOOD BRACING REQUIREMENTS. [GEOLOGICAL]

Table 2308.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:

81.2.43 ALTERNATE BRACING. [GEOLOGICAL]

Sections 2308.6.5.1 and 2308.6.5.2 and Figures 2308.6.5.1 and 2308.6.5.2 of the 2022 Edition of the California Building Code are amended to read as follows:

2308.6.5.1 Alternate braced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.1 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The hold-down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13 344 N).

2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full-length header.

In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 26 of Table 2304.10.2 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).

Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).

81.2.44 FOUNDATION REQUIREMENTS FOR BRACED WALL LINES. [GEOLOGICAL]

Section 2308.6.8.1 of the 2022 Edition of the California Building Code is amended to read as follows:

2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.

81.2.45 ATTACHMENT OF SHEATHING. [GEOLOGICAL]

Section 2308.6.9 of the 2022 Edition of the California Building Code is amended to read as follows:

2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Tables 2308.6.1 or 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at a maximum of 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip, minimum). Braced wall panels shall be laterally braced at each top corner and at intervals not to exceed 24 inches (6096 mm) along the top plate of discontinuous vertical framing.

81.2.46 INTERMODAL SHIPPING CONTAINERS

Section 3115 of the 2022 Edition of the California Building Code is amended to read as follows:

SECTION 3115

INTERMODAL SHIPPING CONTAINERS

3115.1 General. The provisions of Section 3115 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.

Exceptions:

1.    Intermodal shipping containers previously approved as existing relocatable buildings complying with Chapter 14 of the California Existing Building Code.

2.    Stationary battery storage arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.

3.    Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular data centers, and other similar equipment.

4.    Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3115, provided they comply with all of the following:

4.1.    Such units will be single stand-alone units supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5.

4.2.    Such units are located a minimum of 8 feet (2438 mm) from adjacent structures, and are not connected to a fuel gas system or fuel gas utility.

4.3.    In hurricane-prone regions and flood hazard areas, such units are designed in accordance with the applicable provisions of Chapter 16.

5.    Shipping containers constructed or converted off-site that meet the definition of Factory-built Housing in Health and Safety Code Section 19971 or Commercial Modular(s) as defined in Health and Safety Code Section 18001.8 shall be approved by the Department of Housing and Community Development.

6.    Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3115.

3115.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components and wood floor components of the intermodal shipping container, in addition to the information required by Sections 107 and 1603.

3115.3 Intermodal shipping container information. Intermodal shipping containers shall bear an existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.

1.    Manufacturer’s name or identification number.

2.    Date manufactured.

3.    Safety approval number.

4.    Identification number.

5.    Maximum operating gross mass or weight (kg) (lbs).

6.    Allowable stacking load for 1.8G (kg) (lbs).

7.    Transverse racking test force (Newtons).

8.    Valid maintenance examination date.

Where approved by the building official, the markings and existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.

3115.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.

3115.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4.

3115.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.

Exception: Single-unit, stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.

3115.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715.

3115.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section.

3115.8.1 Foundations and supports. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.

3115.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.

3115.8.1.2 Stacking. Intermodal shipping containers used to support stacked units shall comply with Section 3115.8.4.

3115.8.2 Welds. The strength of new welds and connections shall be no less than the strength provided by the original connections. All new welds and connections shall be designed and constructed in accordance with Chapters 16, 17 and 22.

3115.8.3 Structural design. The structural design of the intermodal shipping containers repurposed for use as a building or structure, or as part of a building or structure, shall comply with Section 3115.8.4 or 3115.8.5.

3115.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.

Exception: Structures using an intermodal shipping container designed in accordance with Section 3115.8.5.

3115.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by Section 2202.

3115.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with ASCE 7 and one of the following:

1.    Where all or portions of the profiled steel panel elements are considered to be the seismic force-resisting system, design and detailing shall be in accordance with AISI S100 and ASCE 7, Table 12.2-1 requirements for steel systems not specifically detailed for seismic resistance, excluding cantilevered column systems.

2.    Where all or portions of the profiled steel panel elements are not considered to be part of the seismic force-resisting system, an independent seismic force-resisting system shall be selected and detailed in accordance with ASCE 7, Table 12.2-1, or

3.    Where all or portions of the profiled steel panel elements are retained and integrated into a seismic force-resisting system other than as permitted by Section 3115.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7, Section 12.2.1.1 or 12.2.1.2.

3115.8.4.3 Allowable shear value. The allowable shear values for the profiled steel panel side walls and end walls shall be determined in accordance with the design approach selected in Section 3115.8.4.2. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.

3115.8.5 Simplified structural design procedure of single-unit containers. Single-unit intermodal shipping containers conforming to the limitations of Section 3115.8.5.1 shall be permitted to be designed in accordance with Sections 3115.8.5.2 and 3115.8.5.3.

3115.8.5.1 Limitations. Use of Section 3115.8.5 is subject to all the following limitations:

1.    The intermodal shipping container shall be a single-unit, stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.

2.    The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.

3.    The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.

4.    The intermodal shipping container shall be located in Seismic Design Category A, B, C and D.

3115.8.5.2 Simplified structural design assumptions. Where permitted by Section 3115.8.5.1, single-unit stand-alone, intermodal shipping containers shall be designed using the following assumptions for the profiled steel panel side walls and end walls:

1.    The appropriate detailing requirements contained in Chapters 16 through 23.

2.    Response modification coefficient, R = 2.

3.    Over strength factor, Ω0 = 2.5.

4.    Deflection amplification factor, Cd = 2.

5.    Limits on structural height, hn = 9.5 feet (2900 mm).

3115.8.5.3 Allowable shear value. The allowable shear values for the profiled steel panel side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3115.8.5.2 shall be in accordance with Table 3115.8.5.3, provided that all of the following conditions are met:

1.    The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3115.8.5.3(1).

2.    Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force-resisting system, as shown in Figure 3115.8.5.3(2).

3.    All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3115.8.5.3(3). The existing door interlocking mechanism shall not be considered as a component of the required load path.

4.    Where openings are made in container walls, floors or roofs, for doors, windows and other openings:

4.1.    The opening shall be framed with steel elements that are designed in accordance with Chapters 16 and 22.

4.2.    The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.

5.    A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than 16 square inches (10322 mm2) for electrical boxes, is permitted for each individual 8 feet (2438 mm) length of lateral force-resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3115.8.5.3(4).

6.    End wall door or doors designated as part of the lateral force-resisting system shall be intermittently welded closed around the full perimeters of the door panels.

TABLE 3115.8.5.3

ALLOWABLE SHEAR VALUES FOR PROFILED STEEL PANEL

SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING

CONTAINER DESIGNATIONb	CONTAINER DIMENSION (Nominal Length)	CONTAINER DIMENSION (Nominal Height)	ALLOWABLE SHEAR VALUES(PLF)a ,c
			Side Wall	End Wall
1EEE	45 feet (13.7 M)	9.5 feet (2896 mm)	75	843
1EE		8.6 feet (2591 mm)
1AAA	40 feet (12.2 M)	9.5 feet (2896 mm)	84
1AA		8.5 feet (2592 mm)
1A		8.0 feet (2438 mm)
1AX		<8.0 feet (2483 mm)
1BBB	30 feet (9.1 M)	9.5 feet (2896 mm)	112
1BB		8.5 feet (2591 mm)
1B		8.0 feet (2438 mm)
1BX		<8.0 feet (2438 mm)
1CC	20 feet (9.1 M)	8.5 feet (2591 mm)	168
1C		8.0 feet (2438 mm)
1CX		<8.0 feet (2438 mm)

a.    The allowable shear values for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.

b.    Container designation type is derived from ISO 668.

c.    Limitations of Sections 3115.8.5.1 and 3115.8.5.3 shall apply.

FIGURE 3115.8.5.3(1)

Bracing Unit Distribution – Maximum Linear Length

FIGURE 3115.8.5.3(2)

Bracing Unit Distribution – Minimum Linear Length

FIGURE 3115.8.5.3(3)

Bracing Unit Distribution – Boundary Elements

FIGURE 3115.8.5.3(4)

Bracing Unit Distribution – Penetrating Limitations

81.2.47 PATIO COVERS.

Section I105.1 of Appendix I of the California Building Code, 2022 Edition, is hereby deleted and a new Section I105.1 added to read in its entirety as follows:

Section I105.1 Patio Cover Design Loads. Patio covers shall be designed and constructed to sustain, within the stress limits of this code, all dead loads, plus a minimum vertical live load of ten (10) pounds per square foot for detached patios, and twenty (20) pounds per square foot for patios attached to Group R-3 and to Group U occupancies. Such patio covers shall be designed to resist the minimum wind and seismic loads set forth in this code.

81.2.48 EXCAVATION AND GRADING. [GEOLOGICAL]

A new Section J101.3 of Appendix J of the California Building Code, 2022 Edition, is added to read as follows:

Section J101.3 Hazards.

J101.3.1 General. Excavations, embankments or fills for buildings or structures shall be so constructed or protected that they do not endanger life or property. No fill or other surcharge loads shall be placed adjacent to any building, slope or structure unless such building, slope or structure is capable of withstanding the additional loads caused by the fill or surcharge.

J101.3.2 Excavation, Grading, Geologic and Hillside Hazard. Whenever the Building Official determines that any existing excavation, embankment, fill, hillside or slope area has become or constitutes a hazard to safety or public welfare, or endangers property, or adversely affects the safety, use or stability of a public way or drainage course, the Building Official may declare these areas hazard areas. All such hazard areas are hereby declared a public nuisance and shall be rendered safe by repair, removal, reconstruction, or proper erosion planting in accordance with procedures specified in this chapter, or by any other procedures approved by the Building Official. The owner of the property upon which the excavation 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, remove, reconstruct, or plant so as to be in conformance with the requirements of this code.

J101.3.3 Geological, Seismological or Flood Hazard. If, in the opinion of the Building Official, the land area for which grading or construction is proposed is subject to geological, seismological, or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied.

J101.3.4 Safety Precautions. If, at any stage of the work on an excavation, slope, embankment or fill, the Building Official believes that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the Building Official may require, as a condition of allowing the work to be done, that such reasonable safety precautions be taken as the Building Official considers advisable to avoid such likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berm terracing compaction, or cribbing.

81.2.49 DEFINITIONS. [GEOLOGICAL]

Section J102 of Appendix J of the California Building Code, 2022 Edition, is hereby deleted in its entirety and a new Section J102 added to read in its entirety as follows:

Section J102 Definitions. For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section.

APPROVAL shall mean a written engineering or geological opinion concerning the progress and completion of the work, and the proposed or completed work conforms to this Division of the code in the opinion of the Building Official.

ASPHALTIC CONCRETE is a mixture of mineral aggregate and liquid asphalt mixed at a central mixing plant.

AS GRADED is the extent of surface conditions on completion of grading.

BEDROCK is in-place solid rock.

BENCH is a relatively level step excavated into earth material on which fill is to be placed.

BENCHMARK shall mean a point of elevation accepted by the City of Torrance based on the latest adjusted datum, as a point of reference for survey elevations.

BORROW is earth material acquired from an off-site location for use in grading on a site.

CIVIL ENGINEER shall mean a professional engineer registered in the State of California to practice in the field of civil engineering works.

COMPACTION is the densification of a fill by mechanical means.

CRUSHED AGGREGATE is crushed rock and rock dust. This does not include decomposed granite.

DAYLIGHT LINES are boundary lines of either the cut or fill where they meet the natural ground and the exposed surface.

DOWN DRAIN is a device for collecting water from a swale of ditch located on or above a slope, and safely delivering it to an approved drainage facility.

EARTH MATERIAL is any rock crushed aggregate, natural soil or fill and/or any combination thereof.

EMBANKMENT is built up soil used to protect, screen or support structures or designated areas.

ENGINEERING GEOLOGIST shall mean a geologist experienced and knowledgeable in engineering geology and registered in the State of California as an Engineering Geologist.

ENGINEERING GEOLOGY shall mean the application of geologic and seismic 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 by artificial means, also referred to as cut.

EXISTING GRADE is the grade prior to grading and/or demolition of structures.

FILL is a deposit of earth material placed by artificial means.

FINISH GRADE is the grade of the site at the conclusion of all grading efforts.

GEOTECHNICAL ENGINEER See Soils Engineer.

GRADE shall mean the vertical location of the ground surface.

GRADING is any excavating or filling or combination thereof.

HILLSIDE AREAS shall mean any land designated as being located within the Hillside Overlay District per Section 91.41.1.

HILLSIDE LANDSCAPING shall mean the application of landscaping knowledge and principles in the investigation and evaluation of planting over natural and placed soils in hillside areas for the purpose of slope protection.

KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

LANDSCAPE ARCHITECT shall mean a landscape architect licensed by the State of California to practice in the field of landscape architecture and acceptable to the Building Official as an expert in hillside planting design.

NONCOMPLYING FILL is fill, which was placed without the supervision and approval of a geotechnical engineer, or otherwise not in compliance with Section 81.2.49.

PAVEMENT is asphaltic concrete or Portland Cement Concrete placed upon a prepared base.

PORTLAND CEMENT CONCRETE is a mixture of mineral aggregate and cement mixed at a central mixing plant.

PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, geotechnical engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

RAINY SEASON is the period of wet weather starting October 01 and ending April 15.

ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.

SEISMIC FAULT is an active earth plane associated with earthquakes.

SEISMOLOGY is the science of the study of earthquakes and their effect on site development.

SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

SLOPE is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Any inclined surface with a ratio greater than ten (10) horizontal to one (1) vertical, or ten (10) percent, shall be considered a slope.

SOIL is naturally occurring surficial deposits overlying bedrock.

SOIL ENGINEER (Geotechnical Engineer) shall mean a civil engineer experienced and knowledgeable in the practice of soil engineering and acceptable to the Building Official as an expert in soil engineering.

SOIL ENGINEERING (Geotechnical Engineering) shall mean the application of the principles of soil mechanics in the investigation, evaluation, and design of Civil works involving the use of earth materials and the inspection and testing of the construction thereof.

STOCKPILE is any amount of material stored upon a lot not in compliance with the grading provisions of this chapter.

TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

81.2.50 PERMITS REQUIRED. [GEOLOGICAL]

Section J103 of Appendix J of the California Building Code, 2022 Edition, is hereby deleted in its entirety and a new Section J103 added to read in its entirety as follows:

Section J103. Permits Required.

J103.1 Permits Required. Except as exempted in Section J103.2, no person shall do any grading or paving without first having obtained a grading permit from the Building Official. A grading permit does not include the construction of retaining walls or other structures.

J103.2 Exempt. A grading permit shall not be required for the following:

1.    Grading in an isolated, self-contained area if there is no danger apparent to private or public property and will not alter or increase the flow of the drainage of the area when approved by the Building Official.

2.    An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure.

3.    Cemetery graves.

4.    Refuse disposal sites controlled by other regulations.

5.    Excavations for wells, or trenches for utilities.

6.    Mining, quarrying, excavating, processing, stock piling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7.    Exploratory excavations under the direction of geotechnical engineer or engineering geologist.

8.    Paving of basements or roof areas authorized by a valid building permit.

9.    Resurfacing of existing paved areas provided existing paving is not removed and the drainage pattern is not modified.

10.    Repair of paved areas of less than one thousand (1,000) square feet.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

81.2.51 GRADING PERMIT REQUIREMENTS. [GEOLOGICAL]

Section J104 of Appendix J of the California Building Code, 2022 Edition, is hereby deleted in its entirety and a new Section J104 added to read in its entirety, as follows:

J104 Permit Application and Submittals.

J104.1 Submittal Requirements. In addition to the provisions of Sections 105.3 and 1.8.4, as applicable, the applicant shall state the estimated quantities of work involved including the amount of recompaction of fill material.

J104.2 General Grading Requirements. In granting a grading permit, the Building Official shall impose the following restrictions or conditions thereon, in addition to those otherwise provided herein. Such restrictions or conditions shall include but not be limited to:

1.    Whenever any excavation, fill, or paving requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative or agent, and shall file a copy of said consent with the Building Official, before a permit for such grading or paving work may be issued. In the event on adjacent properties, contours are permanently changed, structures or drainage devices are added or modified, and/or the work done requires a grading permit under Section J103, a separate permit shall be required for each of such affected adjoining properties in addition to the consent letter. The consent letter will not be required if the adjoining owner takes out such grading permit.

2.    No person shall conduct any grading, excavation, filling or paving, including the export or import of earth material between the hours of 8:00 p.m. and 7:00 a.m. of any day, except in emergencies as determined by the Building Official.

3.    No person shall conduct any grading, excavation, or filling in excess of two hundred (200) cubic yards or any paving operations in excess of five thousand (5,000) square feet during the period between October 1st and April 15 unless a winter grading or paving plan and specifications and other plans or specifications, as required by the Building Official are filed with the Building and Safety Division and approved by the Building Official. Whenever it appears that any grading or paving project previously commenced pursuant to a permit issued by the Building and Safety Division will not be completed prior to the date of October 1st, the Building Official may require that the permit applicant secure plans for winter protection and erosion control to protect any property adjacent to such property.

4.    Paved streets, sidewalks and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets.

5.    The civil engineer or other qualified individual who prepared the grading plan and designed the erosion control devices shall be responsible for inspection and modification of the devices, as necessary, during the rainy season. The Building Official shall approve significant modifications to erosion control.

In addition, the Building Official in granting a grading or paving permit, may impose such conditions thereon in addition to those otherwise provided herein, as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a hazard to life or property. Such conditions may include, but shall not be limited to:

1.    The designation of routes along which earth, sand, gravel, asphaltic concrete, or similar materials shall be transported where grading permit is for more than five hundred (500) cubic yards, or paving permits is for more than ten thousand (10,000) square feet.

2.    Restrictions as to size, type, and number of pieces of equipment to be used, including trucks, where grading permit is for more than five hundred (500) cubic yards or paving permit is for more than ten thousand (10,000) square feet.

3.    A provision that the applicant carry a policy of insurance insuring the City, its agents and employees, and the public against any loss or damage to persons or property resulting from the work to be performed under said permit in an amount not to exceed one million dollars ($1,000,000) or double the amount of the bond required therefor, whichever sum is greater, in a form approved by the Building Official.

4.    Requirements for fencing or temporary protection for excavations or fills which would otherwise be hazardous.

5.    A requirement for dust control during the course of grading or stockpile operation by watering or other approved method approved by the Building Official.

6.    A requirement to provide a stabilized site access, using temporary asphalt concrete paving of two (2) inch thickness or more, or approved compacted base material, to allow for the removal of debris from vehicles leaving the development site, and prevent the tracking of debris into the public right of way.

J104.3 Plans and Specifications. Each application for a grading or paving permit shall be accompanied by two (2) sets of plans and specifications and, when required, supporting data consisting of, but not limited to, a geotechnical report, engineering geology report, drainage report, and hillside landscape report. The plan specifications shall be prepared and signed by a civil engineer when required by the Building Official. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed, and shows in detail that they will conform to the provisions of this code and all relevant laws, ordinance, rules and regulations. The first sheet of each set of plans shall give the location of the work, legal description, and where prepared. The plans should include, but not be limited to, the following information:

1.    General vicinity sketch of the proposed site and known seismic faults.

2.     Property limits and accurate contours of existing ground and details of terrain and area drainage of the existing ground on the property where the work is to be performed, contributory drainage areas, and on the property adjacent thereto for a distance of approximately fifteen (15) feet.

3.    Detailed plans of pavement, planters, and planted areas, all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area, and the estimated runoff of the area served by any drains.

4.    Location of any buildings or structures on the property where the work is to be performed and the location of any building or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operation.

5.    The location of top and toe of all cuts and fills, the location of all "daylight" lines.

6.    Planting and irrigation plans of all hillside or slope areas when required by the Building Official.

7.    The quantity of excavation and fill involved, including the recompaction of existing uncompacted fill.

8.    Limiting dimensions elevations or finish contours to be achieved by the grading and proposed drainage channels and related construction.

9.    The dates of the geotechnical engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepare the reports.

10.    Existing and proposed improvements within the public right of way.

Specifications shall contain information covering construction and material requirements.

J104.4 Grading and Paving Designation. All grading in excess of five thousand (5,000) cubic yards or paving in excess of fifty thousand (50,000) square feet shall be performed in accordance with the approved grading or paving plan prepared by a civil engineer, and shall be designated as "engineered grading or paving." Grading involving less than 5,000 cubic yards or paving of less than fifty thousand (50,000) square feet shall be designated "regular grading or paving" unless the permittee with the approval of the Building Official chooses to have the grading performed as "engineered grading or paving." The Building Official may designate grading of less than five thousand (5,000) cubic yards or paving of less than fifty thousand (50,000) square feet as "engineered grading or paving" if the grading takes place in the Hillside Area or the nature of the work requires special design consideration.

J104.5 Engineered Grading and Paving Requirements. For engineered grading or paving plans, the plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Building Official. It shall be the responsibility of the individual to incorporate all recommendations from the geotechnical engineering, engineering geology, seismological, drainage and landscape planting reports into the grading or paving plan. The individual shall also act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the Building Official.

The landscape architect shall also be responsible for the preparation of landscape planting and irrigation plans and specifications. These plans and specifications shall be submitted to the Building Official for approval prior to the issuance of the grading permit.

All undocumented fill shall be removed, until competent native soils have reached, and recompacted from property line to property line.

Exception: The building official is authorized to waive or modify the requirement if it is found that the nature of the work is not necessary.

J104.6 Geotechnical Report. The geotechnical report prepared by a registered design professional required by Section J103 shall include at least the following:

1.    Data regarding the nature, distribution, and strength of existing soils;

2.    Conclusions, and recommendations for grading and paving procedures;

3.    Soil design criteria for any structures or embankments required to accomplish the proposed grading;

4.    Where necessary, slope stability studies, and recommendations and conclusions regarding site geology; and

5.    Effect of the development on adjacent properties.

Recommendations included in the report and approved by the Building Official shall be incorporated in the grading or paving plans and specifications.

J104.7 Engineering Geology Report. The engineering geology report prepared by a registered geologist required by Section J103 shall include at least the following:

1.    An adequate description of the geology of the site, conclusions, and recommendations regarding the effect of geologic conditions on the proposed development;

2.    Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading or construction; and

3.    Analysis of seismic activity and seismic fault zones and their influence on the proposed development.

Recommendations included in the report, and approved by the Building Official, shall be incorporated in the grading plans or specifications.

J104.8 Liquefaction Study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided and the recommendations incorporated in the plans.

Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.

J104.9 Drainage Report. Developments in excess of one acre, and using a subsurface drainage system shall submit a drainage study prepared by a civil engineer. The drainage report shall use the Los Angeles County Department of Public Works Hydrology Handbook methodology. A design frequency of 50-years shall be used for all developments located within sumped areas or required to retain drainage on site. All other developments may use a design frequency of 25-years.

J104.10 Hillside Landscaping Report. The landscaping report required by J104.2 shall include a plant list and data regarding the nature and method for promotion of growth of ground cover plants and shrubs to protect the slopes against erosion, conclusions, and recommendations for planting procedures, and criteria for corrective measures when necessary; and opinions and recommendation covering adequacy of protection of sites to be developed by the proposed grading. This report shall be prepared by a licensed landscape architect and approved by the Building Official.

Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications.

J104.11 Issuance. The provisions of Sections 107.3, 107.4 and 107.5 of the California Building Code are applicable to grading permits. The Building Official may require that grading or paving operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. Grading and paving operations on a single site may be conducted under a single permit provided fees have been paid.

The Building Official may require professional inspection and testing by the geotechnical engineer. When the Building Official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

J104.12 Stockpile Permit. The Building Official may issue a permit to stockpile soil on a lot upon submission by the owner of such a lot or his authorized agency, a scaled plan showing the lot dimensions, location in which the stockpile is to be placed, the approximate amount of soil to be stockpiled, height of stockpile and method of dust and erosion control. Soil so stockpiled must not be disturbed or leveled unless a regular grading permit has been obtained for the work. Stockpile permits shall be valid for no longer than 180 days unless a written extension request is received from the owner, or his authorized agency, and approved by the Building Official.

J104.13 Bonds. [Administrative]

a)    General. The Building Official may require bonds in such form and amounts as may be deemed necessary to assume that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or assure performance under conditions imposed by the pertinent governing body.

When required, bonds shall be filed with the Building Official for the benefit of the City prior to the issuance of the permit for grading. The bond shall be on a form approved by the Building Official, executed by the owner and a corporate surety sufficient to cover correction elimination of hazardous conditions or to assure completion of conditions imposed by the pertinent governing body.

b)    Hillside. Bonds shall be required for excavation or fill of earth in a hillside area unless the Building Official determines that the proposed grading is neither actually nor potentially hazardous.

c)    Cash Bond. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the Building Official in an amount equal to that which would be required in the surety bond.

d)    Conditions of the Bond. Every bond shall be conditioned such that the owner shall:

1.    Comply with all applicable provisions of this Code and all other applicable laws.

2.    Comply with all of the terms and conditions of the grading permit to the satisfaction of the Building Official.

3.    Complete all of the work described by the permit, and the plans and specifications relating thereto, within the time limit specified in the permit. Upon application by the permittee, the Building Official, for sufficient cause, may extend the time specified in the permit, but no such extension shall release any surety on the bond.

4.    Install temporary erosion control devices when required to do so by the provisions of this Chapter.

e)    Term of the Bond. The term of each bond shall begin upon the date of filing with the City and shall remain in effect until the completion of the work to the satisfaction of the Building Official or until replaced by a new bond in the event of a change of ownership. In the event of a failure to complete the work and failure to comply with all of the conditions and terms of the permit, the Building Official may order the work to be completed as required by the permit and to the satisfaction of the Building Official.

f)    Bond Amount. The amount of the bond shall be based upon the number of cubic yards of material in either excavation or fill, whichever is the greater amount, and in addition shall include the cost of all drainage or other protective devices as may be required by the civil engineer and approved by the Building Official. That portion of the bond valuation covering the costs of excavation or fill shall be computed as set forth in Table B-J-A, unless increased by the Building Official.

TABLE B-J-A—BONDS

1 to 10,000 cubic yards Over 10,001 cubic yards	$10.00 per cubic yard $100,000 plus $5.00 for each additional cubic yard in excess of 10,000
Minimum Grading Bond	$10,000

81.2.52 FILLS. [GEOLOGICAL]

Section J107 of Appendix J of the California Building Code, 2022 Edition, is hereby deleted in its entirety and a new Section J107 added to read in its entirety as follows:

J107 Fills.

J107.1 General. Unless otherwise recommended in the approved geotechnical engineering report, fills shall conform to the provisions of this section.

In the absence of an approved geotechnical engineering report, these provisions may be waived for minor fills not intended to support structures.

J107.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than two to one. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and where slopes are steeper than five to one, and the height is greater than five (5) feet, by benching into sound bedrock or other competent material, as determined by the geotechnical engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten (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, the bench under the toe of the fill shall be at least ten (10) feet wide but the cut shall be made before placing the fill and acceptance by the geotechnical engineer or engineering geologist or both as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the civil engineer or the geotechnical engineer or the geologist, is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended.

J107.3 Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches shall be buried or placed in fills.

Exception: The Building Official may permit placement of larger rock when the geotechnical engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability.

The following conditions shall also apply:

1.    Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated on the grading plan.

2.    Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically.

3.    Rocks shall be placed so as to assure filling of all voids with fines.

J107.4 Compaction. All manufactured fills shall be placed on natural undisturbed material or approved compacted fill, and compacted to a minimum of 90 percent relative compaction as determined by ASTM D 1557. Every manufactured fill shall be tested for relative compaction by a soil testing agency approved by the Building Official. A compaction report including a Certificate of Compliance setting forth densities so determined shall be submitted to the Building Official for review before approval of any fill is given.

Exception:

1.    The Building Official may approve uncompacted fill in self-contained areas where the fills are not to be used to support buildings or structures and no hazard will be created.

2.    Compaction report is not required for gravel backfill behind retaining walls provided the following conditions are met:

(a)    The retaining wall does not exceed 5 feet in height from the bottom of the footing to the top of the wall.

(b)    The maximum distance between the retaining wall and the backcut shall not exceed 24 inches.

(c)    The gravel backfill shall be mechanically compacted and covered with concrete pavement or be capped with a 24-inch thick soil blanket mechanically compacted to the Building Official’s satisfaction.

3.    The gravel backfill does not provide vertical or lateral support for any structures or adverse bedding planes.

J107.5 Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical unless justified by a geotechnical report or engineering data.

J107.6 Grade. All lots shall have a minimum grade of one (1) percent unless waived by the Building Official. The lot shall be graded to drain to the adjacent street(s). If the natural grade of any lot slopes away from the adjacent street an average grade greater than two (2) percent, or if the grade of adjacent lots causes adherence to the provisions of this section to not be in the best engineering practices, then the Building Official may allow an alternate method of conducting the drainage to adjacent streets as provided in Section J109. All paved parking areas, except driveways, shall have a maximum grade of ten (10) percent unless waived by the Building Official.

J107.7 Subgrade. All areas over which paving is to be placed shall be prepared in accordance with Sections J107.2, J107.3 and J107.4. Before the placing of pavement or before the construction of any structures, the geotechnical engineer shall approve or certify as to the conformance of the fill.

J107.8 Pavement.

J107.8.1 Asphalt Concrete Payment. Asphalt Concrete Pavement shall be designed to be of sufficient thickness to safeguard against damage due to soil and load conditions. Pavement sections may be designed by a geotechnical engineer or civil engineer in compliance with the California R-Value Method and approved by the Building Official. However, asphalt concrete shall not be less than two (2) inches in thickness. Minimum asphalt concrete pavement designed shall conform to the following: two (2) inches of asphalt concrete on four (4) inches of untreated rock base on sandy soils, and two (2) inches of asphalt concrete on six (6) inches of untreated rock base on expansive soils. Pavement shall have a minimum grade of one (1) percent unless waived by the Building Official.

J107.8.2 Portland Cement Concrete. Portland Cement Concrete paving shall consist of not less than three and one-half (3 ½) inches in thickness for sandy soils or 3 ½ inches in thickness over four (4) inches of select material base for expansive soils. Concrete shall have a minimum grade of 0.4 percent unless waived by the Building Official.

J107.8.3 Minimum Material Standards. Base material, asphaltic concrete, and Portland Cement Concrete shall be of a type approved by the Building Official. The Building Official may require base compaction to a minimum of ninety-five (95) percent of maximum density as determined by ASTM D 1557. Field density shall be determined in accordance with ASTM D 1556, ASTM D 2167, ASTM D 2937 or ASTM D 2922 and ASTM D 3017.

81.2.53 DRAINAGE AND TERRACING. [GEOLOGICAL]

Sections J109.5 and J109.6 are added to read in their entirety as follows:

J109.5 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive downdrains or other devices. Concentrated drainage water from drainage devices shall not be permitted to flow over the sidewalks or parkways.

Building pads shall have drainage of one (1) percent towards approved drainage facilities.

Drainage devices shall service no more than one property unless said device is located within an approved easement.

Sump pumps shall be designed per the Los Angeles County Sump Pump Manual. Sump pumps shall provide check valve, gate/ball valve, alarms. Sump pit shall be reinforced concrete, reinforced cement masonry units, or other material approved by the Building Official.

Bubble catch basin is not permitted, unless approved by the Building Official.

Each horizontal drainage pipe shall be provided with a cleanout for each 100 feet, or fraction thereof, in length of such piping. An additional cleanout shall be provided in a drainage line for each aggregate horizontal change in direction exceeding 135 degrees.

Stormdrain line under buildings and structures shall be removed and abandoned.

J109.6 Ponding. Ponding of water shall not be permitted to occur on pavement, concrete or in landscape areas.

Exception: Upon the approval of the Building Official, a maximum ponding depth of 6 (six) inches in parking or paved areas is permitted where it is determined, as recommended in an approved drainage report, that storm water must be retained on site to comply with the provisions of this Chapter.

81.2.54 EROSION CONTROL. [TOPOGRAPHICAL]

Section J110 of Appendix J of the California Building Code, 2022 Edition, is hereby deleted in its entirety and a new Section J110 added to read in its entirety, as follows:

J110 Erosion Control of Cut and Fill Slopes in Hillside Areas.

J110.1 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. The Building Official may require landscaping plans, plant lists, and sprinkler plans to be prepared and signed by a licensed landscape architect and approved by the Building Official prior to issuance of a grading permit. Slopes shall be planted with grass or ground cover plants and an adequate irrigation system installed.

J110.2 Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or methods shall be employed to control erosion and provide safety.

81.2.55 COMPLETION OF WORK. [ADMINISTRATIVE]

Section J112 is added to read in its entirety, as follows:

J112 Completion of Work.

J112.1 Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto shall be required unless waived by the Building Official:

1.    If substantial changes, as determined by the Building Official, have taken place from the approved grading plan, an as-graded grading plan or paving plan prepared by the individual of record, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations, and elevation of all surface and subsurface drainage facilities. In addition, the Building Official shall state that to the best of his knowledge the work was done in accordance with the final approved grading plan or paving plan.

2.    A report prepared by the geotechnical engineer retained to provide such services in accordance with Section J104.2, including locations and elevations of field density tests, summaries of field and laboratory test, a statement that all subdrains were inspected prior to backfill, other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the approved geotechnical engineering investigation report. The geotechnical engineer shall provide a professional opinion of the suitability of the fill material and their placement, and the ability of the natural materials to support the compacted fill without excessive settlement of the fill or potential damage to structures erected thereon; geotechnical engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved geotechnical engineering report and applicable provisions of this chapter.

3.    A report prepared by the engineering geologist retained to provide such services in accordance with Section J104.2, 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. The report shall include the geologist’s certification that inspections were performed on all cut and fill slopes prior to placement of fill material. 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 geologist’s report and applicable provisions of this chapter.

4.    The grading contractor shall submit in a form prescribed by the Building Official a statement of conformance to said as-built plan and the specifications.

5.    A landscape planting report prepared by the landscape architect, including a final planting list and layout of the planting of the hillside area. The Building Official shall provide approved the adequacy of the planting for the intended use.

6.    Final grading certification from geotechnical engineer, civil engineer, and licensed surveyor indicating that project(s) were completed per the approved plans shall be provided to the Building Official upon the completion.

J112.2 Notification of Completion. The permittee or his agent shall notify the Building Official when the grading operation is ready for the 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.

81.2.56 PERMIT FEES; EXCAVATION, GRADING AND PAVING. [GEOLOGICAL]

1. Grading Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be set by resolution of the City Council from time to time.

2. Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in a resolution of the City Council from time to time.

3. Stockpile Permit Fee. The permit fee for stockpiling shall be set forth in a resolution of the City Council from time to time.

4. Paving Plan Checking Fee. For paving, the fee shall be based on the square footage of the pavement placed. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. The amount of the plan checking fee for paving plans shall be set forth in a resolution of the City Council from time to time.

5. Paving Permit Fee. A fee for each paving permit shall be paid to the Building Official as set forth in a resolution of the City Council from time to time.

ARTICLE 3 - GENERAL

81.3.1 DWELLINGS—PERMITTING OCCUPANCY OF DWELLINGS PRIOR TO FINAL INSPECTION; SURFACING OF STREETS, ETC.; OR INSTALLATION OF WATER AND ELECTRIC FACILITIES PROHIBITED.

(O-621)

No person shall allow, permit or otherwise make available for family occupancy, except that nothing contained herein shall be construed to prohibit the normal completion of such homes, any home within any tract development in the City prior to the completion of final inspection of such home by the City or prior to the surfacing of streets and roadways within any such tract or residential development in excess of twenty (20) homes, or prior to the installation of water service and connection of electric facilities to such homes. The tract map shall be determinative as to the number of homes applicable to this Section.

ARTICLE 4 - RELOCATION PERMIT

(O-700; Amended by O-919)

81.4.1 DEFINITIONS.

a)    "Person" shall mean and include, except where the context requires a different meaning, an individual, a co-partnership, joint adventurers, a firm, an unincorporated association, a syndicate, a club, a society, a trust and all private or political or charitable or social organizations doing business or existing under and by virtue of any law, as a corporation or otherwise.

b)    "Building" shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

c)    "Superintendent of Building" shall mean the Superintendent of Building of the City of Torrance.

d)    "Planning Director" shall mean the Planning Director of the City of Torrance.

81.4.2 PERMIT REQUIRED.

a)    Except as provided in Section 81.4.3., no person shall move onto any premises in the City of Torrance any building or portion thereof without having first obtained from the Superintendent of Building a relocation permit.

b)    No person shall move or cause to be moved any building or any portion thereof except as provided in such permit and in this Code.

c)    The Superintendent of Building, before issuing such permit, shall require;

1)    A written application therefor to be made and filed with the Superintendent of Building wherein the applicant shall set forth such information as the Superintendent of Building shall reasonably require, including, but not limited to, plans and specifications as set forth in Section 301 of the Building Code of the City and photographs of the building to be relocated.

2)    Proof of legal authority to occupy and use the proposed location of the building.

3)    Proof that the applicant has secured a zoning permit as required by Section 81.4.6

4)    A bond as required by Section 81.4.10

5)    The fees as required by Section 81.4.18

6)    That the applicant sign a statement that he has read the report determining the amount of work required of him, as prescribed by Section 81.4.8. and that he agrees to perform all such work within the time limit fixed therefor.

81.4.3 EXCEPTIONS.

The provisions of Section 81.4.2. shall not apply to the relocation of the following buildings:

a)    A contractor’s tool house, construction building or similar structure which is moved as construction requires.

b)    A building which is moved for storage onto a movers lot which lot is a use conforming to the zoning laws of the City and for which use a business license has been issued by the City.

81.4.4 RESTRICTIONS ON ISSUANCE OF PERMIT.

a)    No permit shall be issued to relocate any building where:

1)    It is so constructed or is in such condition as to be dangerous, infested with pests or unsanitary.

2)    If it be a dwelling or habitation, it is unfit for human habitation.

3)    It is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to property within a radius of one thousand (1,000) feet from the proposed site.

4)    The structure is of a type prohibited, at the proposed location, by any fire code, building code, or any other law.

5)    The proposed use is prohibited by the zoning laws of the City.

b)    Notwithstanding the provisions of subsection a) above, if in the judgment of the Superintendent of Building, the condition of the building admits of practicable and effective repairs, and if the proposed use is not prohibited by the zoning laws of the City, the permit may be issued upon such conditions as will insure such repair, but if the condition of the building is such that correction cannot practicably and effectively be made, the permit shall be denied.

81.4.5 INSPECTION BY SUPERINTENDENT OF BUILDING.

a)    Upon the receipt of the application and relocation inspection fee as required by Section 81.4.18., the Superintendent of Building shall inspect the building to be relocated to determine:

1)    Whether such permit may be issued in compliance with this Code and other applicable laws.

2)    The amount of the work required after relocation to obtain compliance with the provisions of this Code.

3)    The valuation of such work.

4)    The time necessary therefor.

5)    Any other matters necessary to insure compliance with the provisions of this Code.

b)    Notwithstanding the above provision of subsection a), the Superintendent of Building shall not be required to travel beyond the boundaries of Los Angeles and of Orange Counties in order to inspect the building to be relocated.

81.4.6 ZONING PERMIT REQUIRED.

(Amended by O-1746; O-1749)

Before a relocation permit shall be issued, the applicant shall obtain a zoning permit from the Planning Director, the Planning Commission or the City Council as provided herein. The application for a zoning permit shall be filed with the Planning Director. It shall be accompanied by a fee of Fifteen Dollars ($15.00), together with such information as may be required by the Planning Director.

81.4.7 NOTICE.

(Amended by O-1746; O-1749)

A zoning permit shall be granted by the Planning Director only after a notice of the application therefor has been posted in at least six (6) public places, and notice has been mailed to all owners of property as shown on the last equalized assessment roll, within three hundred (300) feet from the contemplated location of the building to be relocated at least ten (10) days prior to the date of hearing. The notice shall contain the present and contemplated location of such building and a statement that a protest may be filed with the Planning Director within seven (7) days after posting.

81.4.8 CRITERIA FOR GRANTING.

(Amended by O-1746; O-1749)

a)    Except as provided in Section 81.4.9., the Planning Director shall grant the zoning permit if, in his judgment, the building when placed in its contemplated location:

1)    Will not violate any applicable law; and

2)    Will meet the requirements of this Code for the construction of new buildings for the applicable land use and fire zones, including but not limited to, the requirements contained in Division 9, the Building Code and the Fire Prevention Code; and

3)    Will have a monetary value equal to or greater than the monetary value of all other buildings of the same type within three hundred (300) feet in every direction from such location; and

4)    Will be in harmony with size, quality, design and appearance of all other buildings of the same type within three hundred (300) feet in every direction from such location which have been constructed within the ten (10) year period immediately preceding the filing of the application.

81.4.9 CRITERIA FOR NONRESIDENTIAL BUILDINGS.

(Amended by O-1746; O-1749)

a)    The provisions of this Section (rather than the provisions of Section 81.4.8.) shall apply to any building which was originally designed and which will be used when relocated for a nonresidential use. Such a building is referred to herein as a "nonresidential building."

b)    The Planning Director shall grant the zoning permit if, in his judgment, the nonresidential building, when placed in its contemplated location:

1)    Will not violate any applicable law; and

2)    Will meet the requirements of this Code for the construction of new buildings for the applicable land use and fire zones, including but not limited to, the requirements contained in Division 9, the Building Code, and the Fire Prevention Code; and

3)    Will be in harmony with the quality, design and appearance of all other buildings of the same type existing and proposed within three hundred (300) feet in every direction from such location which have been constructed within the ten (10) year period immediately preceding the filing of the application.

81.4.10 CONDITIONS OF PERMIT.

(Amended by O-1746; O-1749)

a)    In granting any relocation permit, the Superintendent of Building may impose such conditions thereon, in addition to those otherwise provided herein, as are reasonable, including, but not limited to, the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be a hazard to life or property.

b)    As condition of the permit, the Superintendent of Building shall set a time limit for the work to be completed thereunder. Unless otherwise specified, the time limit shall be ninety (90) days.

c)    If a permit is granted pursuant to the provisions of either Section 81.4.8. or Section 81.4.9., the Planning Director may impose thereon such conditions as he may deem necessary and desirable for the best interests of the City.

81.4.11 NO CHANGE IN DIVISION 9.

Nothing contained in this Article shall be construed to repeal or amend any provisions of Division 9 of this Code.

81.4.12 PROTEST.

(Amended by O-1746; O-1749)

a)    A protest to the granting of the zoning permit may be filed within said seven (7) day period by the owner, lessee or other person having the right to possession of any parcel of land within three hundred (300) feet from the contemplated location of the building to be relocated. In the event such a protest is filed, a public hearing on the application shall be held by the Planning Commission as provided in Section 81.4.13

b)    In the event that the Planning Director shall deny the application for a zoning permit, the applicant may file a protest thereto with the Planning Director within seven (7) days after denial. In the event such a protest is filed, a public hearing on the application shall be held by the Planning Commission as provided in Section 81.4.13

81.4.13 HEARING BY PLANNING COMMISSION.

(Amended by O-1746; O-1749)

The hearing on the application shall be held by the Planning Commission and notice thereof shall be given in the same manner as provided for a hearing on an application for a Conditional Use Permit in Chapter 5 of Division 9. After the conclusion of the hearing, the Planning Commission shall deny or grant the application in whole or in part. In making such determination, the Planning Commission shall use the criteria set forth in Sections 81.4.8. and 81.4.9. If the permit is granted, the Planning Commission may impose thereon such conditions as it may deem necessary and desirable for the best interests of the City.

81.4.14 RIGHT OF APPEAL.

(Amended by O-1746; O-1749; O-2822)

The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code,- commencing at Section 11.5.1.

81.4.15 Repealed by O-2822.

81.4.16 BUILDING BOND REQUIRED.

Before a relocation permit shall be issued, the applicant shall file with the Superintendent of Building a bond executed by the applicant and by a corporate surety licensed to do business as a surety in the State of California in an amount equal to the valuation plus ten (10) percent thereof of the work required to be done under such permit, or in lieu thereof, the applicant shall file with the Superintendent of Building a written promise to perform the conditions required to be contained in such bonds as set forth in Section 81.4.17., accompanied by a cash deposit equal to the valuation of the work required to be done under such permit, plus ten (10) percent thereof.

81.4.17 CONDITIONS OF BOND.

a)    Every building bond shall contain the conditions that the permittee shall:

1)    Comply with the Code of the City of Torrance and all other applicable laws.

2)    Comply with all of the terms and conditions of the permit to the satisfaction of the Superintendent of Building.

3)    Faithfully perform all of the work contemplated under the permit.

4)    Complete all of the work contemplated under the permit within the time limit specified therein, and that an extension thereof by the Superintendent of Building shall not release the surety upon the bond

81.4.18 TERM OF BOND.

The term of each bond shall begin upon the date of filing with the Superintendent of Building and shall remain in effect until the completion of the work to the satisfaction of the Superintendent of Building.

81.4.19 FAILURE TO COMPLETE WORK SATISFACTORILY.

In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the Superintendent of Building shall send notice of such default to the principal and to the surety, or to the person making such deposit in lieu of bond and may order the work to be completed as required by the permit and to his satisfaction within such period of time as deemed by him to be reasonably necessary therefor In such event, the surety executing such bond or the person making such deposit shall continue to be liable for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all of such required work to be done, and said surety or depositor by posting such bond or deposit assents to any lawful extensions of time within which to construct and complete such work.

81.4.20 FAILURE TO CURE DEFAULT AFTER NOTICE.

a)    If such default is not cured within the time limit specified in said notice, the surety, in lieu of completing the work required, shall have the option to demolish the subject building and to clear, clean and restore the site. If the surety defaults, the Superintendent of Building shall have the same option.

b)    In the event a cash deposit is posted and such default has not been cured within the time limit specified in said notice, the Superintendent of Building shall proceed without delay and without further notice to use the cash deposit or any portion of such deposit to complete the work required or, in his discretion, to demolish the subject building and to clear, clean and restore the site. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor after deducting the cost of the work plus ten (10) percent thereof for overhead expenses.

81.4.21 EXPIRATION OF PERMITS.

a)    Every relocation permit shall expire and be void:

1)    Sixty (60) days after the date of the permit unless the building to be moved thereunder shall have been moved onto the new site and reconstruction work shall have been commenced.

2)    On the expiration date of the permit as established by Section 81.4.10. unless the work to be done thereunder shall have been completed thereby.

3)    Whenever the work to be done thereunder shall have been suspended for a period of sixty (60) days or more.

b)    The Superintendent of Building may grant extension of time for periods not to exceed sixty (60) days whenever, in his opinion, good cause exists therefor.

c)    After a permit has expired, no further work shall be done thereunder unless it has been renewed. The fee required for renewal shall be the fee required for the original permit.

81.4.22 NOTICE TO CITY OFFICIALS.

The permittee shall serve upon the Superintendent of Building notice of his completion of the movement of the subject building within twenty-four (24) hours thereafter.

81.4.23 SUPERVISION AND ACCESS.

a)    The relocation of any building, other than its movement on the City streets or other public place, shall be done under the supervision of the Superintendent of Building. Any such relocation work done without inspection and approval by the Superintendent of Building is hereby declared to be a public nuisance and shall be subject to rejection and abatement as a public nuisance.

b)    The Superintendent of Building, the surety, their authorized representatives and any person employed or engaged in their behalf shall have access to the premises described in the relocation permit and to any buildings thereon.

c)    No person shall in any way hinder, prevent or interfere with the Superintendent of Building, the surety, their authorized representatives or any persons employed or engaged in their behalf in the exercise of the rights conferred by this Code.

d)    In the event of default in the performance of any term or condition of the relocation permit, the Superintendent of Building, the surety, their authorized representatives and any persons employed or engaged in their behalf, shall have access to the premises and to any building thereon in order to complete the required work.

81.4.24 FEES.

a)    On filing an application as required by Section 81.4.2., there shall be paid to the Superintendent of Building, the sum of Thirty Dollars ($30.00) for a relocation inspection fee for each building to be relocated; provided, however, that when a main building and buildings accessory thereto are to be moved from the same location to the same new location, the fee shall be Thirty Dollars ($30.00) for each main building, plus Ten Dollars ($10.00) for each accessory building and, provided further, that when the building to be relocated is to be moved from a location more than ten (10) miles distant from the Torrance City Hall, the amount of such fee shall be increased One Dollar ($1.00) for each main building and One Dollar ($1.00) for each accessory building per each such mile in excess of ten (10).

b)    When plans or specifications are required as provided in Section 81.4.2., there shall be paid to the Superintendent of Building, concurrently with payment of the relocation inspection fee, a plan check fee as provided in Section 303(b) of the Building Code of the City, as amended.

c)    Before the relocation permit is issued, there shall be paid to the Superintendent of Building, a building permit fee in the amount provided therefor in Section 303(a) of the Building Code of the City, as amended.

81.4.25 DISPLAY OF PERMIT.

Any person engaged in such relocation work shall at all times while such work is in progress keep affixed to the building being relocated, the original permit for such work or a record of the permit number, and at all times when requested to do so shall exhibit the same to the Superintendent of Building or any of his inspectors or employees or to any police officer of the City of Torrance.

ARTICLE 5 - HAZARD AREAS

(Added by O-1031)

81.5.1 CREATION OF HAZARD AREAS.

The City Council pursuant to the provisions of this Article, may declare any area or parcels of land in the City a hazard area. It shall be unlawful for any person to construct, erect or locate any building or structure or to excavate or fill earth or any other substance on land in a hazard area except in accordance with the provisions of this Article.

81.5.2 DEFINITION.

As used in this Article, "excavation and fill" shall have the meaning ascribed to them in Chapter 4 of Division 7.

81.5.3 CRITERIA FOR HAZARD AREA.

Land may be declared to be a hazard area if the City Council finds that:

a)    The construction, erection or location of buildings or structures thereon or the excavation or filing thereof is likely to create a hazard which is materially detrimental to life or property and to the public welfare.

b)    The provisions of the Building Code and grading laws of the City are insufficient to protect persons or property from such hazards.

81.5.4 HEARING.

Before declaring any land a hazard area, the Council shall hold a public hearing thereon. Notice of the date, time and place of said hearing shall be sent by registered mail to all the owners of land in such area as shown on the last equalized assessment roll. The Council may conduct a hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the City Council without the giving of further notice, other than an announcement by the Council of the date, time and place of such adjourned hearing.

81.5.5 IMPOSITION OF CONDITIONS.

The City Council, after finding land to be a hazard area may impose such restrictions on the excavation, filling and building thereon as it deems reasonably necessary to protect life, and property in the vicinity thereof and the public welfare. The City Council may require that the owner or developer of said hazard area, before commencing any work thereon, post a bond to indemnify all and any persons whose person or property may be injured as a proximate result of the excavation or filling thereof or the construction, erection or location of buildings and other improvements thereon. The term of such bond shall not exceed twenty (20) years and the amount thereof shall not exceed the reproduction costs of such building and improvements, or Twenty-five Thousand Dollars ($25,000) per lot included in said hazard area, whichever is the larger of said amounts. Such bond shall be irrevocable and unamendable without the consent of the City Council.

81.5.6 NOTICE OF RESTRICTIONS.

Whenever the City Council declares that a hazard area exists, such declaration, together with the description of the area and the restrictions imposed thereon, shall be sent by registered mail to all the owners of land in such area, as shown on the last equalized assessment roll, and shall be published in the newspaper, if any, in which legal notices of the City are published.

ARTICLE 6 - ERECTION OF TENTS, DEVICES, HOISTS, CONVEYORS, ETC.

(Added by O-742)

81.6.1 APPLICABILITY OF ARTICLE.

The provisions of this Article are intended to regulate structures not otherwise regulated by this Code or any other ordinances in the City which affect the physical safety of human beings, and shall include the installation, maintenance and operation of public assembly tents, amusement devices, freight hoists and conveyors. This Article shall also include devices such as stage lifts, automobile lifts, horizontal devices or devices inclined at an angle for carrying one or more persons, belt, bucket, scoop, cellar conveyors, or similarly inclined or vertical freight conveyors, building hoists and similar devices or structures.

81.6.2 DEFINITION.

"Amusement device or structure" is any device or structure such as merry-go-rounds, ferris wheels, captive airplanes, dark houses, slides and similar devices or structures which the public is invited or permitted to ride or use for the purpose of amusement.

81.6.3 PERMITS REQUIRED.

No person shall erect or construct or proceed with the erection or construction of any public assembly tent, amusement device, hoist, conveyor, or other structure regulated by this Article without first filing an application and obtaining a permit therefor from the Building Official. A permit shall be required each time such structure is erected or moved.

81.6.4 FEES.

(Amended by O-1782; O-2839)

a)    Any person desiring a permit under the preceding Section shall, at the time of filing an application therefor, pay to the Building and Safety Director the proper fee, which shall be determined from Table A set forth herein below:

TABLE A
Public Assembly Tent		$35.60*
Bleachers for 1 - 1,000 persons
	plus $4.45*for each additional 1,000 persons or fraction thereof	$56.70*
Amusement devices for the first device
	plus $6.70* for each additional device	$21.15*
Freight hoists and conveyors		$14.45* each
Automobile lifts		$14.45* each
All other devices		$14.45* each
Booths, windbreaks, etc.		$ 2.20* each
Inspector to control physical safety to human beings		$21.15* hour/per inspector

Re-inspection: Any inspection called for in this Article not ready at the appointed time causing a return trip for such inspection shall pay in addition to such fees already collected, an additional fee equal to one-half (1/2) of the original fee.

b)    Adjustment of Fees:

1)    If the Producer Price Indexes, All Commodities, prepared by the United States Bureau of Labor Statistics, Department of Labor for the last calendar month available on June 30, 1979 shall stand at 207.9 (using the price prevailing during the year 1967 as a base of 100) then the amount of the fees provided in this Section shall remain as written herein.

2)    If the said index for said month shall stand at other than 207.9 then the amount of fees provided in this Section shall be increased or decreased a corresponding amount, provided however, the fees shall be rounded to the nearest dollar.

3)    The amount of adjustment shall be determined by the Director of Finance, and he shall provide such adjusted figures annually thereafter.

4)    In the event the said bureau shall revise the said index, the Director of Finance shall accept the method of revisions or conversion recommended by the bureau.

5)    If the said bureau shall discontinue the preparation of the Producer Price Indexes, All Commodities, using prices prevailing in the year 1967 as a base of 100, and if no transposition table prepared by the bureau is available which is applicable to the year 1967, then the fees shall be increased or decreased on the basis of any other nationally recognized indicator of increases or decreases in consumer product prices.

81.6.5 CONSTRUCTION AND MAINTENANCE REQUIREMENTS.

Amusement devices, freight hoists, conveyors and all structures, equipment or devices regulated by this Article, 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 Article, the construction, installation, maintenance and use of everything regulated by this Article shall provide adequate safety for the loads to which they may be subjected.

All structures or devices regulated by this Article, shall be constructed and maintained as hereinabove required.

81.6.6 CERTIFICATE OF OCCUPANCY.

No structure regulated by this Article 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 306 of the Uniform Building Code each time such structure is erected or moved.

81.6.7 DISCONTINUANCE OF USE OF UNSAFE STRUCTURE OR DEVICE.

Whenever any structure or device regulated by this Article is being used or occupied contrary to the provisions of this Article or the Uniform Building 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.

81.6.8 LOCATION OF PROPERTY.

Location of structures and devices regulated by this Article shall be such as to provide adequate safety to the occupants of, or egress from such structure or device, or adjacent structures or devices, in case of fire or panic.

81.6.9 EXIT FACILITIES.

Exits and exit passageways shall be provided from or between structures or devices to insure safety in case of panic or disaster.

81.6.10 FIRE EXTINGUISHING APPARATUS.

Adequate fire extinguishing apparatus shall be provided subject to the approval of the Fire Marshal of the City.

81.6.11 TESTING; LIMITATION UPON SPEED OF OPERATION, ETC.

In case of doubt, the Building Official, at any time may order a structure or device regulated by this Article to be tested in his presence with loads equal to double the weight of the proposed occupants, loaded either uniformly or eccentrically. When necessary for safety, he may limit the speed of operation of such devices or order sufficient alterations to make them safe.

81.6.12 REINSPECTION.

The Building Official may cause all structures and devices regulated by this Article to be reinspected, and fees for such inspection shall be paid as required by Section 303 of the Uniform Building Code.

ARTICLE 7 - ABATEMENT OF PUBLIC NUISANCES ASSOCIATED WITH VACANT BUILDINGS AND PREMISES

(Added by O-3327)

81.7.1 APPLICABILITY.

All land uses within the City shall comply to the provisions of this Article.

81.7.2 DEFINITIONS.

For the purpose of this Article vacant, abandoned buildings shall mean building(s) or structure(s) that have not been occupied for ninety (90) days in land use zones not designated as residential and building(s) and structure(s) not occupied for sixty (60) days in land use zones designated for residential land use, so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

81.7.3 NUISANCE DESIGNATED.

It shall be unlawful and it is hereby declared to be a public nuisance for any person owning or having charge of any property within the City of Torrance to maintain such property in such a manner that any of the following conditions are found to exist thereon:

a)    Building(s) or structure(s) which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than twelve (12) months after expiration of a valid building permit, or during any period of extension, after the issuance of a building permit by the City.

b)    The failure to secure and maintain from public access all doorways, windows and other openings into vacant, or abandoned building(s) or structure(s) so as to afford a harbor for minors and vagrants, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts.

c)    The failure to keep the vacant or abandoned building’s premises clear of debris, rubbish, excessive vegetation or similar nuisance conditions.

81.7.4 ENFORCEMENT.

a)    Whenever any Code Enforcement Officer as specified in Section 11.2.5 determines that a nuisance exists on any property within the city, that officer shall advise the owner, in writing, of the public nuisance and direct said owner to abate the nuisance. The notification shall contain a brief description of the conditions asserted to constitute a nuisance and establish an abatement period deemed reasonable under the circumstances, but in no event longer than thirty days.

b)    Voluntary Abatement of Nuisances. The owner, lease holder, tenant or occupant having charge of any building, structure or property alleged to be a nuisance as set forth in this Article, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Building and Safety Department shall be advised of the abatement and shall inspect the premises to insure the nuisance has in fact been abated. The owner, leaseholder, tenant or occupant shall provide a program for continuous maintenance of the vacant property.

c)    Involuntary Abatement. If, after notification of conditions alleged to constitute a public nuisance pursuant to Section 81.7.3, the owner, lessee, tenant or occupant having charge of the building, structure or property alleged to constitute a nuisance does not voluntarily abate said nuisance within the time limits specified in said notice, the Director of the Building and Safety Department shall cause a hearing to be held to determine whether said building, structure or property is maintained in such a manner so as to constitute a public nuisance. Whenever the conditions described in Section 81.7.3 constitutes such an immediate hazard that the building(s) or structure(s) must be secured or closed or repaired or demolished within less than the designated period and the Director of Building and

    Safety Department notifies the City Manager, he shall have said work performed by the City staff or by contract, 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 Director of Building and Safety Department immediate action is necessary.

d)    Notice. Written notice of the hearing shall be sent, by registered or certified mail, return receipt requested, to all owners of record of the property. Notice shall also be conspicuously posted on the property, and said posted notice shall constitute adequate service in the event that mailed notice is not delivered for any reason.

e)    Form of Notice. The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

A Hearing will be held at ____________ on ____________ at City Hall, _____________________, 3031 Torrance Blvd. Torrance, before the Director of Building and Safety or his designee, acting as hearing officer, to determine whether the premises at __________________________________ constitute a nuisance pursuant to 81.7.3

The conditions asserted to constitute a nuisance include the following:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

A hearing may be avoided if the following corrections are made at least two days before the date set for the hearing:

____________________________________________________________________________________________________________________________________________________________

If it is determined that the property constitutes a nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within 5 days after the hearing officer’s determination:

____________________________________________________________________________________________________________________________________________________________

If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call _________________________ for questions regarding this notice.

f)    Hearing. At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property. The hearing may be continued from time to time.

Upon the conclusion of the hearing, the hearing officer shall determine whether the condition of the premises constitutes a nuisance. If the hearing officer determines that a nuisance exists, the hearing officer shall declare such premises to be a nuisance and order the abatement of the same by the property owner within a specified time. Such order shall contain a detailed list of needed corrections. The order shall also contain a statement that an appeal of the hearing officer’s decision may be taken to the City Council by filing a notice of appeal with the City Clerk within five (5) days of the order and by paying any applicable fee in accordance with Section 11.5.1.

A copy of the order shall be served upon the owner in the same manner as the notice of hearing.

g)    Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the City Clerk within five (5) days of the date of the order and by paying the appeal fee set by resolution. The notice of appeal shall specify:

1)    A description of the property;

2)    The abatement proceedings appealed;

3)    The owner’s or appealing party’s legal or equitable interest in the property;

4)    A statement of disputed and undisputed facts;

5)    A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and;

6)    A verification of the truth of all matters asserted.

Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular meeting of the City Council scheduled to be held not less than five (5) business days after said appeal is received.

The City Clerk shall provided written notice of the appeal, including the time, place and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer’s order was sent. Said notice shall be sent in the same manner as notice of the hearing officer’s order.

The City Council may limit the issues on appeal to those set forth in the appellant’s notice of appeal, may consider the record produced before the hearing officer, and may allow additional evidence to be produced.

Notice of the City Council’s determination shall be in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer’s order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard.

h)    Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer’s order, or in the City Council’s determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer and/or city Council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the city for all costs of such abatement. In order to abate the nuisance, the City shall have the right to every remedy provided by law to secure entry.

i)    Cost Accounting; Notification. City personnel, or any arrived contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition or repair of the property, building or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, in inspecting the work and the costs of printing and mailing required hereunder.

j)    Assessment Lien. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amount of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN

Claim of the City of Torrance

Pursuant to the authority vested by Article 7 of Chapter 1 of Division 8 of the Torrance Municipal Code, the Director of Building and Safety [City Council] of the City of Torrance did on or about the ______ day of ____________, 20____________, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Torrance did on the ______ day of ____________, 20____________, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Torrance does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $____________, and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Torrance, County of Los Angeles, State of California, particularly described as follows:

(legal description)

Dated this ______ day of ____________, 20_____.

______________________

City Manager, City of Torrance

k)    Owner’s Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

l)    Alternate Actions. Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.

Where building(s) and premises are not secured and where building(s) are not occupied after ninety (90) days in nonresidential zones or sixty (60) days in residential zones, or where premises are not maintained in a clean and safe manner, the City may perform regular interior and exterior inspections at intervals designated by the Director of Building and Safety Department.

Entry to the buildings or premises shall be made at a reasonable time after the City has made a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demanding entry. If such entry is refused, the City shall have recourse to every remedy provided by law to secure entry. The cost of each inspection, including incidental expenses, shall be paid by the owner or the person having control of such building(s) or premises.