Title 18 BUILDINGS AND CONSTRUCTION
Chapter 18.12 PERMITS[10]
18.12.010 Permits required.
18.12.020 Application.
18.12.030 Requirement of permittee.
18.12.050 Construction documents.
18.12.051 Information and certification required on construction documents.
18.12.052 Special inspection.
18.12.055 Registered design professional in responsible charge.
18.12.060 Permit issuance.
18.12.070 Retention, distribution and maintenance of approved construction documents.
18.12.090 Validity of permit.
18.12.100 Expiration, suspension, revocation and transfer of permit.
18.12.120 Investigation fees--Work without a permit.
18.12.130 Permit fees.
18.12.140 Plan review fees.
18.12.150 Rechecking fees.
18.12.160 Fee for verifying and reproducing permit records.
18.12.161 Processing fee for reproducing plan records.
18.12.170 Oil and gas well record search.
18.12.180 Oil or gas well abandonment.
18.12.190 Special inspection fee.
18.12.201 Disabled access appeals board--Appeals fees.
18.12.202 Fees for special inspection and verification of structural observation reports.
18.12.230 Reinspection fee.
18.12.235 Waiver of fees.
18.12.240 Refunds.
18.12.010 Permits required.
A. Building Permits. No person shall erect, construct, enlarge, alter,
repair, remodel, move, remove, improve, convert or demolish any building or part
of a building or structure, or change the character or occupancy or use of any
building or structure, or part of a building or structure, or perform site
grading in the city without first obtaining a permit covering such work from the
building official.
B. Grading Permits. No person shall commence or perform
any grading, and no person shall import or export any earth materials to or from
any grading site, without first having obtained a permit therefor from the
department. Any grading project involving more than one hundred (100) cubic
yards of excavation and involving an excavation in excess of five feet in
vertical depth at its deepest point measured from the original ground surface
shall be done by a state of California licensed contractor who is licensed to
perform the work described herein. A separate permit shall be required for each
grading site. One permit may include the entire grading operation at that site,
however.
Exception. All other provisions of this title shall apply, but a
grading permit will not be required if the work complies with any one of the
following conditions:
1. An excavation which (a) is less than two feet in
depth, or (b) which does not create a cut slope greater than five feet in height
and steeper than one unit vertical in two units horizontal (fifty percent (50%)
slope). This exception shall not apply to cut which exceeds fifty (50) cubic
yards or which changes the existing drainage pattern.
2. A fill less than
one foot in depth and placed on natural terrain with a slope flatter than one
unit vertical in ten (10) units horizontal (ten percent (10%) slope). This
exception shall not apply when the fill exceeds fifty (50) cubic yards or when
the fill changes the existing drainage pattern.
3. Excavations for caissons
or piles under buildings or structures authorized by valid building
permits.
4. Excavations for basements, footings, caissons, piles, swimming
pools or underground structures that are authorized by valid building
permits.
5. Excavations for wells or tunnels or utilities, which do not
provide vertical or lateral support for buildings, or adversely impact the
safety or stability of private or public properties.
6. Excavation in an
isolated, self-contained area if the department finds that by reason of such
isolation and self-containment no danger to private or public property can now
or thereafter result from grading operations.
7. As exempted in Section
J103.2 of Appendix J of the 2007 California Building Code.
C. Subwork
Permits. Separate permits also must be obtained for plumbing, mechanical,
electrical, signs and billboards, and house moving. In cases where only
plumbing, mechanical, electrical or sign work is involved, separate subpermits
as provided in this title shall be obtained, and no other building permit is
required unless there is a change of occupancy or use as defined in this chapter
and Chapters 18.08 and 18.16.
Exception. A single combined permit may be
issued for the construction of any building or structure of a Group R-3 or Group
U occupancies, or additions or alterations thereto, which includes all building,
electrical, plumbing, heating, ventilating and air conditioning work.
No
person shall hang, suspend or otherwise affix any sign, street banner, pole
banner, flag, pennant or street decoration on any street light pole, traffic
signal pole or over and above any street unless a permit to do so is first
obtained from the city manager. Permits issued pursuant to this section shall be
in accordance with the provisions of Chapter 16.55 of this code, the
city’s policy on city sponsorship, corporate recognition and advertising,
as adopted on July 23, 1996, as amended from time to time, and any guidelines
that may from time to time be approved by the city council.
Exception. The
above provisions shall not apply to any sign or advertising matter lettered upon
the surface of any awning, provided the awning is securely attached to a
building and is not less than seven feet above the sidewalk level immediately
below.
D. Other Permits. Other permits must be obtained as required pursuant
to various applicable ordinances of the city.
E. Unpermitted Structure. No
person shall own, use, occupy or maintain any “unpermitted
structure.” For the purpose of this title, “unpermitted
structure” shall be defined as any structure, or portion thereof, that was
erected, constructed, enlarged, altered, repaired, remodeled, moved, removed,
improved, converted or demolished at any point in time, without the required
permit(s) having first been obtained from the building official, pursuant to
subsection A of this section.
F. Exceptions. Exemption from the permit
requirements of this title shall not be deemed to grant authorization for any
work to be done in any manner in violation of the provisions of this title or
any other laws or ordinances of this city. Permits are not required for the
following:
1. Neither building nor subpermits of this title are required for
the following:
a. Buildings or structures placed in public streets, alleys
and sidewalks, except those regulated by Chapter 32 of the California Building
Code;
b. Buildings or structures under the auspices of and owned and
controlled by the federal government, the state of California, the county of Los
Angeles, or by a public school district;
c. Work done by employees of the
city on city-owned or leased buildings;
d. A temporary shed, office or
storage building and other structure incidental to and for work authorized by a
valid grading or building permit. Such structures must be removed upon
expiration of the permit or completion of work covered by the
permit.
2. Except for work undertaken to correct conditions determined to be
substandard or a nuisance under the provisions of Chapter 18.20, building
permits are not required for any of the following:
a. Retaining walls or
planter boxes not more than four feet in height, measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or sloping earth,
or impounding flammable liquids. This exemption shall not apply to retaining
walls of any height built on slopes steeper than one unit vertical in five units
horizontal (twenty percent (20%) slope);
b. Fences four feet or less in
height above grade;
c. Unroofed platforms, walks, driveways and decks not
more than thirty inches (30”) above grade and not over any basement or
story below and not part of a required accessible route;
d. Application of
hot or cold paint or other roof coating on a roof of a
building;
e. Application of roofing not in excess of five hundred (500)
square feet on an existing building within any twelve (12) month
period;
f. Installation of ceramic tile on floor or countertops and on walls
less than forty-eight inches (48”) in height;
g. Replacement of broken
or damaged ceramic tile in an existing installation;
h. Plaster patching not
in excess of ten (10) square yards of interior or exterior
plaster;
i. Swimming, bathing and wading pools not over two feet in depth
and not having a surface area exceeding two hundred fifty (250) square feet,
where there is no electrical or plumbing installation;
j. Veneer less than
four feet in height;
k. Window awnings supported by an exterior wall of
Group R-3 and Group U occupancies when projecting not more than fifty-four
inches (54”);
l. A detached equipment shed, utility building, or
children’s playhouse or treehouse provided that the building is accessory
to a dwelling unit; it does not exceed sixty-four (64) square feet in area nor
eight feet in height from floor to roof; it contains no plumbing, electrical, or
mechanical installations regulated by this code; and is not in violation of
Title 21 zoning regulations;
m. Temporary motion picture, television and
theater stage sets and scenery that are not supported by any
building;
n. Gantry cranes, drill presses, and other similar manufactured
machinery or equipment;
o. Water tanks supported on a foundation at grade if
the capacity does not exceed five thousand (5,000) gallons (18,927 L) and the
ratio of the height to diameter or width does not exceed two to
one;
p. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work and are not required to comply with accessibility
regulations;
q. Nonfixed and movable fixtures, cases, racks, counters and
partitions not over five feet nine inches in height;
r. Prefabricated
swimming pools accessory to a Group R-3 occupancy in which the pool walls are
entirely above the adjacent grade if the capacity does not exceed five thousand
(5,000) gallons (18,927 L); it contains no plumbing, electrical, or mechanical
installations regulated by this title; and is not in violation of Title 21
zoning regulations;
s. Swings and other playground equipment accessory to
detached one- and two-family dwellings;
t. Exhibits, booths, partitions and
display counters for temporary use not exceeding thirty (30) days in conjunction
with an exhibit or show and not exceeding twelve feet (12') in height above the
floor;
u. Waterproof pointing of joints in masonry or veneer, also cleaning
with detergents which are not injurious to clothing or skin of persons and are
not removed by liquid washing, provided work is done from safely enclosed
scaffolding which will collect any dust, debris or dropped tools and materials
in use;
v. Portable amusement devices and structures, including
merry-go-rounds, ferris wheels, rotating conveyances, slides, similar devices,
and portable accessory structures whose use is necessary for the operation of
such amusement devices and structures; any portable accessory structure included
in the provisions of this chapter shall be limited to a cover or roof over each
device, but shall not include any storage building or detached structure which
is not an integral part of the device; and provided, however, that any
electrical installations shall require subwork permits where applicable and be
regulated by this title;
w. Nothing in this code shall apply to any
excavation, removal, fill or deposit of any earth or other materials from
individual interment sites, underground crypts or burial vaults within a
property which is dedicated or used for cemetery purposes, provided that such
work does not affect the lateral support or increase the stresses in or pressure
upon any adjacent or contiguous property not owned by the cemetery
authority;
x. Any portable metal hangar less than two thousand (2,000)
square feet in size, located on a city-owned airport, used for the parking of
aircraft only, and bearing evidence of approval by the Department of Motor
Vehicles of the state of California for movement on any highway. Such structure
shall, as an integral part of its basic construction, be equipped with a hitch
or coupling device for towing. It shall accommodate, without further major
structural change, wheel and axle assemblies which will provide such structure
with a safe means of portability. No water or sanitary facilities shall be
permitted in such structure and it shall be equipped with permanent ventilation
as required for Group S-2 occupancy; and is not in violation of Title 21 zoning
regulations;
y. Signs that are exempt under the provision of Section
21.44.070;
z. Signs that are exempt under the provision of Section H101.2 of
Appendix H of the California Building Code;
aa. Outdoor tents or cloth
structures for temporary use not exceeding one hundred eighty (180) days,
provided such tents are accessory to an indoor or outdoor assembly use on the
site; and is not in violation of Title 9 public peace, morals and welfare, Title
21 zoning regulations and Chapter 18.48 fire code;
bb. Shade cloth
structures constructed for nursery or agricultural purposes, not including
service system;
cc. Towers or poles supporting public utility communication
lines, antennas, or power transmission lines. (ORD-07-0062 § 3 (part),
2007).
18.12.020 Application.
A. Any person desiring a permit as required by this chapter shall file
with the building official an application therefor, on a form to be furnished by
the building and safety bureau for such purpose. Every application for a permit
shall contain a sworn statement as to the following facts:
1. A brief
description of the work to be covered by the permit for which the application is
made;
2. A brief description of the land upon which the proposed building
work is to be located or done by legal description, street address or similar
description that will readily identify and definitely locate the proposed
building or work;
3. A statement of the proposed use or occupancy of all
parts of the building proposed to be erected or upon which such work is to be
done;
4. A statement of the height and area of any building to be
erected;
5. An accurate plot plan of the lot, or parcel, showing street, or
streets, and alley, and the location of the building on the lot, or parcel,
drawn to scale and fully dimensioned;
6. A statement of the valuation of any
new building or structure or any addition, remodeling or alteration to an
existing building;
7. Be accompanied by plans, diagrams, computations and
specifications and other data as required by this title;
8. Be signed by the
applicant, or the applicant’s authorized agent;
9. Such other
reasonable information as may be required by the building official.
B. No
person shall withhold from or misrepresent to the building official any
information he or she may reasonably request relative to any proposed work for
which an application for a building permit has been filed. (ORD-07-0062 § 3
(part), 2007).
18.12.030 Requirement of permittee.
Permits as required by this chapter shall be issued only to duly licensed
contractors acting in compliance with the provisions of the business license
regulations set forth in Title 5 of this code.
Exceptions.
1. A permit
may be issued to an owner for the construction, alteration or repair of a
single-family or a two-family dwelling and accessory building, structure, or
facilities thereto provided the owner occupies or intends to occupy one of the
units.
2. An owner may obtain building permits but not combined permits for
additions, alterations and repairs for other structures, provided that the cost
of such additions, alterations and repairs does not exceed ten percent (10%) of
the valuation of the building or structure in any twelve (12) month
period.
3. A permit may be issued to or work may be performed by any
responsible person not acting in violation of Chapter 9, Division 3, of the
Business and Professions Code of the state of California. (ORD-07-0062 § 3
(part), 2007).
18.12.050 Construction documents.
A. Submittal Documents. Construction documents, special inspections and
other data shall be submitted with each application for a permit. In accordance
with Section 18.12.051, the building official may require construction documents
to be prepared by a registered design professional licensed by the state of
California to practice as such. Construction documents shall include
construction inspection requirements as defined in Section
18.12.052.
Exception. The building official may waive the submission of
construction documents and other data not required to be prepared by a
registered design professional if it is found that the nature of the work
applied for is such that the review of construction documents is not necessary
to obtain compliance with this title.
B. Site Plan. The construction
documents submitted with the application for a permit shall be accompanied by a
site plan showing to scale the size and location of new construction and
existing structures on the site, show the boundaries, distances from lot lines,
the established street grades and the proposed finished grades, neighboring
public ways, sufficient dimensions and other data and, as applicable, flood
hazard areas, floodways, and design flood elevations; and it shall be drawn in
accordance with an accurate boundary line survey. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of
existing structures and construction that are to remain on the site or plot. The
building official is authorized to waive or modify the requirement for a site
plan when the application for permit is for alteration or repair or when
otherwise warranted.
Exception. The building official may grant the omission
of a site plan when the proposed work is of such a nature that no information is
needed to determine compliance with all laws relating to the location of
buildings or occupancies.
C. Number of Sets of Construction Documents. Each
application for a permit shall be accompanied by two sets of construction
documents for plan checking.
Exception. The building official may waive the
requirement for construction documents as required in this title if the building
official finds that the information on the application is sufficient to show
that the work will conform to the provisions of this title and other relevant
laws.
D. Deferred Submittals. For the purposes of this section, deferred
submittals are defined as those portions of the design which are not submitted
at the time of the application and which are to be submitted to the building
official within a specified period.
Deferral of any submittal items shall
have prior approval of the building official. The registered design professional
in responsible charge shall list the deferred submittals on the construction
documents for review by the building official.
Documents for deferred
submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the building
official with a notation indicating that the deferred submittal documents have
been reviewed and been found to be in general conformance with the design of the
building. The deferred submittal items shall not be installed until the design
and submittal documents have been approved by the building official.
(ORD-07-0062 § 3 (part), 2007).
18.12.051 Information and certification required on construction documents.
A. Information Required. Construction documents shall be dimensioned and
drawn with ink or indelible pencil upon suitable material, or shall be made by a
reproduction process approved by the building official. Electronic media
documents may be permitted to be submitted when approved by the building
official. The first sheet of each set of construction documents shall give the
street address of the work and the name and address of the owner of the
building.
Construction documents shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and show in detail that it
will conform to the provisions of this code and relevant laws, ordinances, rules
and regulations, as determined by the building official.
Construction
documents for buildings of other than Group R-3 and U occupancies shall indicate
how required structural and fire-resistive integrity will be maintained where a
penetration will be made for electrical, mechanical, plumbing and communication
conduits, pipes and similar systems.
In lieu of detailed specifications, the
department may approve reference on the construction documents to a specific
section, subsection or paragraph of this title or other ordinance or
law.
Distances and dimensions on the construction documents, when required
to show conformity with the provisions of this title, shall be done in
figures.
The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of
egress in compliance with the provisions of this title. In other than
occupancies in Groups R-2, R-3, and I-1, the construction documents shall
designate the number of occupants to be accommodated on every floor, and in all
rooms and spaces.
Construction documents for all buildings shall describe
the exterior wall envelope in sufficient detail to determine compliance with
this title. The construction documents shall provided details of the exterior
wall envelope as required, including flashing, intersections with dissimilar
materials, corners, end details, control joints, intersections at roof, eaves or
parapets, means of drainage, water-resistive membrane and details around
openings.
The construction documents shall include manufacturer’s
installation instructions that provide supporting documentation that the
proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting
documentation shall fully describe the exterior wall system which was tested,
where applicable, as well as the test procedure used.
When required by
Section 1704.1.1 of the California Building Code, a statement of special
inspection prepared by the registered design professional in responsible charge
of the project shall be included with the construction documents.
The
construction documents shall show all mitigation measures required under the
national pollutant discharge elimination system (NPDES) permit issued to the
city of Long Beach. For the application of the NPDES requirements, see Chapter
18.95 of this title.
B. Written Records of Computations Required. When a
structural design is required for the purpose of obtaining a permit, it shall be
justified by a written record of computations filed with the department and each
sheet of the drawings and written record of computations shall be signed by or
bear the approved stamp of a registered design professional licensed by the
state of California for the type of service performed. On structures which do
not require a registered design professional’s signatures according to
Article 3, Chapter 7, Division 3, of the California Business and
Profession’s Code but do require some structural design, the person
responsible for such design shall sign the calculations and the sheets of the
construction documents having engineering details thereon.
C. Grading
Construction Documents. Application for a grading permit shall be accompanied by
construction documents prepared and signed by an individual licensed by the
state to prepare such documents.
The first sheet of each set of grading
construction documents shall give location of the work, the name and address of
the owner and the person by whom they were prepared.
The grading
construction documents shall include, but not be limited to, the following
information:
1. General vicinity of the proposed site;
2. Property
limits and accurate contours of existing ground and details of terrain and area
drainage;
3. Limiting dimensions, elevations or finish contours to be
achieved by the grading, and proposed drainage channels and related
construction;
4. Detailed plans of 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;
5. Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or structures on land
of adjacent owners which are within fifteen feet (15') of the property or which
may be affected by the proposed grading operations;
6. The location of the
top and toe of all cuts and fills, the location of all “daylight”
lines, the amount of cut and fill, the location of disposal site for excess
material, if known, and the estimated dates for starting and completing grading
work;
7. When reports are required pursuant to Section 18.12.140(F) or
Section J104.3 of Appendix J of the 2007 California Building Code,
recommendations included in the approved soils engineering report and
engineering geology report shall be incorporated into the grading construction
documents. A copy of the soils report and geological report shall be attached to
the approved set of grading construction documents and kept at the job
site;
8. When reports are required pursuant to Section 18.12.140(F) or
Section J104.3 of Appendix J of the 2007 California Building Code, the dates of
the soils engineering and engineering geology reports together with the names,
addresses and phone numbers of the firms or individuals who prepared the reports
shall be incorporated into the grading plans.
The department may require
some plans to be prepared by a licensed surveyor when the property location and
its limits are not clear. Portions of the aforementioned plan requirements may
be waived by the department if it finds that the information on the application
and/or submitted plans is sufficient to show that the work will conform to the
provisions of this code and other relevant laws.
The building official may
require that grading operations and project designs be modified if delays occur
which incur weather-generated problems not considered at the time the permit was
issued.
The building official may require professional inspection and
testing by the soils engineer. When the building official has cause to believe
that geologic factors may be involved, the grading will be required to conform
to engineering grading.
D. Yard Restriction. The increase in area permitted
by Sections 506 and 507 of the California Building Code shall not be allowed
unless or until the owner of the required yard shall file with the department an
agreement binding such owner, heirs and assignees, to set aside the required
yard as an unobstructed space having no improvements. Such agreement shall be
recorded in the Los Angeles County recorder’s office. (ORD-07-0062 §
3 (part), 2007).
18.12.052 Special inspection.
A. When special inspection is required by Section 18.16.060, the
registered design professional in responsible charge shall prepare an inspection
program which shall be submitted to the building official for approval prior to
issuance of the building permit. The inspection program shall designate the
portions of the work that require special inspection and the name or names of
the individuals or firms who are to perform the special inspections, and
indicate the duties of the special inspectors.
B. The special inspector
shall be employed by the owner, registered design professional in responsible
charge, or an agent of the owner, but not the contractor or any other person
responsible for the work.
C. When structural observation is required by
Section 1709 of the California Building Code, the inspection program shall name
the individuals or firms who are to perform structural observation and describe
the stages of construction at which structural observation is to
occur.
D. The inspection program shall include samples of inspection reports
and provide time limits for submission of reports. (ORD-07-0062 § 3 (part),
2007).
18.12.055 Registered design professional in responsible charge.
A. When it is required that documents be prepared by a registered design
professional licensed in the state of California, the building official may
require the owner to engage and designate on the building permit application a
registered design professional who shall act as the registered design
professional in responsible charge. If the circumstances require, the owner may
designate a substitute registered design professional who shall perform all of
the duties required of the original registered design professional in
responsible charge. The building official shall be notified in writing by the
owner if the registered design professional in responsible charge is changed or
is unable to continue to perform the duties.
B. The registered design
professional in responsible charge shall be responsible for reviewing and
coordinating all submittal documents prepared by others, including phased and
deferred submittal items, for compatibility with the design of the
building.
C. Where structural observation is required by Section 1709 of the
California Building Code, the statement of special inspections shall name the
individual or firms who are to perform structural observation and describe the
stages of construction at which structural observation is to occur. (ORD-07-0062
§ 3 (part), 2007).
18.12.060 Permit issuance.
A. Issuance. The application, construction documents and other data filed
by an applicant for a permit shall be reviewed by the building official. Such
construction documents may be reviewed by other departments of the city to check
compliance with the laws and ordinances under their jurisdiction. If the
building official is satisfied that the work described in an application for
permit and the construction documents filed therewith conform to the
requirements of this chapter and other pertinent laws and ordinances and that
the fees and charges as set forth in the schedule of fees and charges
established by city council resolution and other liens, costs, and/or fees due
the city have been paid, the building official shall issue a permit therefor to
the permittee meeting the requirement of Section 18.12.030.
Exception. The
building official shall have the authority to withhold the issuance of permits
under the following circumstances:
1. Harbor District. No permit shall be
issued for the construction, extension, alteration, improvement, erection,
remodeling or repair of any pier, slip, basin, wharf, dock or other harbor
structure of any building or structure within the harbor district, unless the
board of harbor commissioners has first granted permission authorizing such work
to be done as provided in the charter of the city.
2. Marinas. No permit
shall be issued for the construction, extension, alteration, improvement,
erection, remodeling or repair of any pier, slip, basin, wharf, dock or other
marina structure or any building or structure within the Alamitos Bay Marina,
Downtown Shoreline Marina or Shoreline Harbor Marina unless the manager of the
marine bureau has first granted permission authorizing such work to be
done.
3. Fault Studies Zone. No permit shall be issued for projects located
within a special (fault) studies zone established under Chapter 7.5, Division 2,
of the California Public Resources Code unless it can be demonstrated through
accepted geologic seismic studies that the proposed structure will be located in
a safe manner and not over or astraddle the trace of an active fault. Acceptable
geologic seismic studies shall meet the criteria as set forth in rules and
regulations established by the building official to ensure that such studies are
based on sufficient geologic data to determine the location or nonexistence of
the active fault trace on a site. Prior to approval of a project, a geologic
report defining and delineating any hazard of surface fault rupture shall be
required. If the city finds that no undue hazard of this kind exists, the
geologic report on such hazard may be waived, with approval of the state
geologist.
4. Storm Water. No permit shall be issued for projects unless it
incorporates into the construction documents best management practices necessary
to control storm water pollution from sediments, erosion and construction
materials leaving the construction site. Such requirements shall be in
accordance with the provisions contained in Chapter 18.95 NPDES and SUSMP
Regulations.
5. Flood Hazards. No permit shall be issued for projects
located within all areas of special flood hazards within the jurisdiction of the
city of Long Beach unless it can be demonstrated that full compliance with the
terms of Chapter 21.65 Flood Damage Prevention and other applicable
regulations.
6. Fills Containing Decomposable Material. No permit shall be
issued for buildings or structures regulated by this title within one thousand
feet (1,000') of fills containing rubbish or other decomposable material unless
the fill is isolated by approved natural or manmade protective systems or unless
designed according to the recommendations contained in a report prepared by a
licensed civil engineer. Such report shall contain a description of the
investigation, study and recommendation to minimize the possible intrusion, and
to prevent the accumulation of explosive concentrations of decomposition gases
within or under enclosed portions of such building or structure. At the time of
the final inspection, the civil engineer shall furnish a signed statement
attesting that the building or structure has been constructed in accordance with
his or her recommendations as to decomposition gases required herein. Buildings
or structures regulated by this title shall not be constructed on fills
containing rubbish or other decomposable material unless provision is made to
prevent damage to structure, floor, underground piping and utilities due to
uneven settlement of the fill. One-story light frame accessory structures not
exceeding four hundred (400) square feet in area nor twelve feet (12') in height
may be constructed without special provisions for foundation
stability.
7. Construction and Demolition Recycling Program. No permit shall
be issued for construction or demolition projects subject to Chapter 18.97
Construction and Demolition Recycling Program unless all of the provisions
contained therein are completed to the satisfaction of the director of planning
and building or his or her designee.
B. Approval of Construction Documents.
When the building official issues a permit, the construction documents shall be
approved, in writing or by stamp, as “APPROVED.” Construction
documents shall be distributed pursuant to Section 18.12.070(A).
C. Phased
Approval. The building official may issue a permit for the construction of
foundation or any other part of a building or structure before the entire
construction documents for the whole building or structure have been approved,
provided that adequate information and detailed statements have been filed
complying with all pertinent requirements of this title. The holder of such
permit for the foundation or other parts of a building or structure shall
proceed at the holder’s own risk with the building operation and without
assurance that a permit for the entire building or structure will be
granted.
D. Amended Construction Documents. Work shall be installed in
accordance with the approved construction documents, and any changes made during
construction that are not in compliance with the approved construction documents
shall be resubmitted for approval as an amended set of construction documents
and the permittee shall pay a rechecking fee as determined by Section 18.12.150.
(ORD-07-0062 § 3 (part), 2007).
18.12.070 Retention, distribution and maintenance of approved construction documents.
A. Distribution of Construction Documents. One set approved construction
documents shall be returned to the applicant, which set shall be kept at the
site of the construction or work at all times during which the work authorized
thereby is in progress and shall be available and open to inspection by the
building official or a duly authorized representative. There shall be no
deviation from the stamped or approved construction documents without approval
by the building official. One set of approved construction documents shall be
retained by the building official pursuant to subsection B of this
section.
B. Retention of Construction Documents. The duplicate approved
construction documents of every building or structure shall be stamped and
retained by the department for a period of not less than one year from the date
of completion of the work covered therein, after which time the building
official may, at his or her discretion, either dispose of the copies or retain
them as a part of the permanent files of the department as required by Section
19850 of the Health and Safety Code.
Exception. Construction documents for
the following need not be maintained, except where required by the
department:
1. Single or multiple dwellings in areas which are not part of a
common interest development (as defined in Section 1351 of the Civil Code of
California), and not more than two stories and basement in
height;
2. Garages and other structures appurtenant to buildings described
in subsection (B)(1) of this section;
3. Farm or ranch buildings;
4. Any
one-story building where the span between bearing walls does not exceed
twenty-five feet (25'). This exception does not, however, apply to a steel frame
or concrete building;
5. Alterations to commercial buildings, apartments and
hotels which do not require the signature of a registered design
professional.
C. Plan Maintenance Fee. Before issuing a permit, the
department shall collect a fee for maintaining construction documents that are
required to be retained by this section. The amount of the plan maintenance fee
shall be as set forth in the schedule of fees and charges established by city
council resolution and shall be collected for each separate plan to be retained
by the department.
D. Inspection of Plans. The copy of the approved
construction documents maintained by the department as provided by subsection B
of this section may be available for inspection only on the premises of the
department.
Exception. Construction documents for banks, other financial
institutions or public utilities which are maintained by the department may not
be inspected without written permission from the owner of the
building.
E. Reproduction of Construction Documents. Construction documents
maintained by the department under subsection B of this section may not be
duplicated in whole or in part except with the written permission of the
certified, licensed or registered professional or his or her successor, if any,
who signed the original documents, and the written permission of the original or
current owner of the building, or, if the building is part of a common interest
development, with the written permission of the board of directors or governing
body of the association established to manage the common interest development;
upon request by any state agency; or by order of a proper court. In implementing
this provision, the department shall comply with the requirements of Health and
Safety Code Section 19851.
The department shall also furnish the form of an
affidavit to be completed and signed by the person requesting to duplicate the
official copy of the construction documents, which contains provisions stating
the following:
1. That the copy of the construction documents shall only be
used for the maintenance, operation and use of the building;
2. That
drawings are instruments of professional service and are incomplete without the
interpretation of the certified, licensed or registered professional of
record;
3. That subdivision (a) of Section 5536.25 of the Business and
Professions Code states that a licensed architect who signs construction
documents shall not be responsible for damage caused by subsequent changes to,
or use of, those construction documents where the subsequent changes or uses,
including changes or uses made by state or local governmental agencies, are not
authorized or approved by the licensed architect who originally signed the
construction documents, provided that the architectural service rendered by the
architect who signed the construction documents was not also a proximate cause
of the damage.
The fees specified in the following item 1 or 2 shall be paid
by the person requesting duplication of construction
documents:
1. Construction documents that have not been microfilmed and are
authorized for reproduction to be duplicated by other than city services will be
released only to a department authorized duplicating service. The cost of
duplicating the construction documents shall be paid directly to the duplicating
service by the person requesting duplication. That person shall pay a processing
fee for each set of construction documents released to the department as
determined by Section 18.12.161.
2. Construction documents that have been
microfilmed and are authorized for reproduction shall be duplicated by city
services or vendors. The department shall collect an initial service fee for
each request for reproduction of construction documents plus an additional fee
for each sheet requested to be photocopied as determined by Section
18.12.161.
F. Withdrawal of Construction Documents. The building official
shall not permit any original construction documents, or portions thereof upon
which a permit has been issued, to be withdrawn from the office of the building
official, except for official use by representatives of the city. (ORD-07-0062
§ 3 (part), 2007).
18.12.090 Validity of permit.
A. The issuance or granting of a permit shall not be construed to be a
permit for, or an approval of, any violation of any of the provisions of this
title or of any other law or ordinance. Permits presuming to give authority to
violate or cancel the provisions of this title or any other law or ordinance
shall not be valid. The issuance of a permit based on construction documents and
other data shall not prevent the building official from requiring the correction
of errors in the construction documents and other data. The building official
may prevent the occupancy or use of a building or structure where in violation
of this title or of any other law or ordinance.
B. The issuance of a permit
is not an approval or an authorization of the work specified therein. A permit
is merely an application for inspection, the issuance of which entitles the
permittee to inspection of the work which is described therein.
C. Permits
issued under the requirements of this code shall not relieve the owner of
responsibility for securing required permits for work to be done which is
regulated by any other code, department or division of the city of Long Beach.
(ORD-07-0062 § 3 (part), 2007).
18.12.100 Expiration, suspension, revocation and transfer of permit.
A. Expiration. Every permit issued shall be valid for a period of two
years from the date thereof, provided that any permit shall expire on the one
hundred eightieth (180th) day from date of issuance if the work permitted
thereunder has not been commenced; or shall expire whenever the building
official determines the work authorized by any permit has been suspended,
discontinued or abandoned for a continuous period of one hundred eighty (180)
days.
Exception. If the holder of any permit issued by the department
presents satisfactory evidence that unusual construction difficulties have
prevented work from being started or continued without being suspended within
the one hundred eightieth (180th) day time period or completed within the
two-year period of validity, the building official may grant extensions of time
reasonably necessary because of such difficulties.
Notwithstanding the
provisions of this subsection, the validity of a permit may be further
restricted in the following conditions:
1. In the case of a building or
structure that has been ordered repaired or demolished in accordance with this
title, such time limits as are specified therein shall apply.
2. The
building official may, because of unusual circumstances or conditions such as,
but not limited to, the demolition of an imminently hazardous building, or a
grading operation that may be subject to flooding during the rainy season,
impose restrictions upon the time limits for expiration of any
permit.
B. Unfinished Buildings or Structures. Whenever the department
determines by inspection that work on any building or structure for which a
permit has been issued and the work started thereon has been suspended for a
period of one hundred eighty (180) days or more, the owner of the property upon
which such structure is located, or other person or agent in control of said
property, upon receipt of notice in writing from the department to do so, shall,
within ninety (90) days from the date of such written notice, obtain a new
permit to complete the required work, pay the fee of one-half the amount
required for a new permit for such work, provided no changes have been made or
will be made in the original construction documents for such work, and
diligently pursue the work to completion and provided, further, that such
suspension or abandonment has not exceeded one year; or shall remove or demolish
the building or structure within one hundred eighty (180) days from the date of
the written notice.
C. Restore to Original Condition. Permits that have
expired shall have the site, building or project restored to the condition that
existed immediately prior to the commencement of work described by such
permit.
D. Failure to Comply. It is unlawful for any owner or representative
of the owner, either before or after the issuance of a permit under this title,
and notwithstanding the issuance of such permit, to fail to comply with any
order, determination or action of the department.
E. Making False Statement
to the Department. Any person who willfully or knowingly, with the intent to
deceive, makes a false statement or representation, or knowingly fails to
disclose a material fact in any documentation required by the department to
ascertain facts relative to this section, including any oral or written evidence
presented, shall be guilty of a misdemeanor. The building official may, in
writing, suspend or revoke a permit issued under provisions of this title
whenever the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information supplied, or in violation of any ordinance or
regulation or of any provision of this title.
F. Active permits required by
this title may be transferred to a qualified person for a fee as set forth in
the schedule of fees and charges established by city council resolution.
(ORD-07-0062 § 3 (part), 2007).
18.12.120 Investigation fees--Work without a permit.
A. Investigation. Whenever any work for which a permit is required by this
title has been commenced without first obtaining such permit, a special
investigation shall be made before a permit may be issued for such
work.
B. Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this title with a minimum fee as set forth in the schedule of fees and charges
established by city council resolution. The payment of such investigation fee
shall not exempt any person from compliance with all other provisions of this
code nor from any penalty prescribed by law.
The investigation fee may be
waived for emergency work when it is proved to the satisfaction of the building
official that such work was urgently needed and it was impractical to obtain a
permit prior to commencement of the work. (ORD-07-0062 § 3 (part),
2007).
18.12.130 Permit fees.
A. Building Permit Fees. A building permit (exclusive of subpermits) shall
be issued for each building or structure to be erected or upon which work is to
be done thereunder, and for each such permit the applicant shall pay a permit
filing fee as set forth in the schedule of fees and charges established by city
council resolution plus a fee computed on the basis of the estimated total cost
of the work proposed to be done, in accordance with the building permit fee as
set forth in the schedule of fees and charges established by city council
resolution.
In addition to the above, projects regulated under Chapter 18.95
of this code shall pay an additional fee as set forth in the schedule of fees
and charges established by city council resolution.
In addition to the
above, projects regulated under Title 24, Part 2, of the California Code of
Regulations, Sections 108.2.1.2, 109.1 and 1102A, the state’s disabled
access and adaptability requirements shall pay an additional fee as set forth in
the schedule of fees and charges established by city council resolution.
In
addition to the above, projects regulated under Chapter 21.62 of this code shall
pay an additional fee as set forth in the schedule of fees and charges
established by city council resolution.
In addition to the above, projects
regulated under Section 2700, Chapter 8, Division 2 of the Public Resources Code
of the state of California (state strong motion instrumentation program) shall
pay an additional fee as set forth in Section 2705, Chapter 8, Division 2 of the
Public Resources Code of the state of California.
Exception. A single
combined permit may be issued for the following:
1. The construction,
addition or alteration of any building or structure of a Group R-3 or U
occupancies, which includes all building, electrical, plumbing, heating,
ventilating, and air conditioning work; or
2. The construction, addition or
alteration of any sign or sign support structure, which includes all building
and electrical work.
The total permit fee for the combined building permit
shall be as set forth in the schedule of fees and charges established by city
council resolution.
B. Grading Permit Fees. A grading permit shall be issued
to each property or site upon which grading work is to be done thereunder when
required pursuant to subsection B of Section 18.12.010, and for each such permit
the applicant shall pay a filing fee as set forth in the schedule of fees and
charges established by city council resolution plus a grading permit fee
computed on the basis of the estimated total cubic yard of work proposed to be
done as set forth in the schedule of fees and charges established by city
council resolution.
In addition to the above, projects regulated under
Chapter 18.95 of this code shall pay an additional fee as set forth in the
schedule of fees and charges established by city council resolution.
C. Sign
Permit Fees. A sign permit shall be issued for each sign or sign support
structure to be erected or upon which work is to be done thereunder, and for
each such permit the applicant shall pay a filing fee as set forth in the
schedule of fees and charges established by city council resolution plus a sign
permit fee computed on the basis of the estimated total cost of the work
proposed to be done as set forth in the schedule of fees and charges established
by city council resolution.
D. Determining Valuation. The determination of
value or valuation under any of the provisions of this title shall be made by
the building official. The value to be used in computing the permit and plan
review fees shall be the total value of all construction work for which the
permit is issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire extinguishing systems and
any other permanent equipment.
No person shall willfully or negligently
withhold from or misrepresent to the building official any information he or she
may request relative to the estimated cost of any proposed work for which an
application for a permit has been filed, or misrepresent the cost of any such
work. (ORD-07-0062 § 3 (part), 2007).
18.12.140 Plan review fees.
A. Buildings and Structures. Except as provided in this section, an
applicant for a building permit shall, in addition to the fee prescribed
therefor and at the time of making application for such building permit, pay a
plan review fee as set forth in the schedule of fees and charges established by
city council resolution, exclusive of the filing fee. The checking fee for a
combined permit shall be as set forth in the schedule of fees and charges
established by city council resolution for a building permit of the same
valuation.
Exception. No plan review fee shall be required for the
following:
1. Fences eight feet or less in height and not constructed with
masonry or concrete;
2. Canvas awnings;
3. Building permits issued for
the following single subtrades: plastering, reroofing, marble and
tile;
4. When the building official has determined that the submittal of
construction documents and other data are not required if it is found that the
nature of the work applied for is such that the review of construction documents
is not necessary to obtain compliance with this title.
B. Grading Work. An
applicant for a grading permit shall, in addition to the fee prescribed therefor
and at the time of making application for such grading permit, pay a plan review
fee to the city as set forth in the schedule of fees and charges established by
city council resolution, exclusive of the filing fee.
C. Signs and Sign
Support Structures. An applicant for a sign permit shall, in addition to the fee
prescribed therefor and at the time of making application for such sign permit,
pay a plan review fee to the city as set forth in the schedule of fees and
charges established by city council resolution, exclusive of the filing
fee.
D. Express Plan Review Fees. At the request of the applicant, the
department may, at its discretion, provide plan review services at other than
normal working hours. An express plan review fee, in addition to the plan review
fees charged elsewhere in this code, as set forth in the schedule of fees and
charges established by city council resolution shall be collected at the time of
the request.
E. Geologic Review Fees. A fee as set forth in the schedule of
fees and charges established by city council resolution shall be charged for the
review of geologic reports submitted as required by state law for proposed
development in seismic hazard zones, including but not limited to, fault
rupture, liquefaction and landslide hazard zones.
F. Expiration of Plan
Review. If after a period of one year from date of application for permit, any
applicant has failed to pay for and obtain a permit, such application and
checking fee shall become invalid and no permit shall be issued unless a new
application is submitted and a new checking fee paid. Construction documents
submitted at the time of application shall be destroyed if after a period of one
year from date of application no permit has been paid for or issued.
(ORD-07-0062 § 3 (part), 2007).
18.12.150 Rechecking fees.
A. Fees for Rechecking Construction Documents Prior to Approval. No
additional fee shall be charged for verification of the corrections required by
the department or other departments. However, when construction documents have
been checked and are subsequently so revised by the applicant for reasons other
than plan check correction as to necessitate rechecking, the building official
shall require the applicant to pay a rechecking fee as set forth in the schedule
of fees and charges established by city council resolution which would be
required for the cost of that portion of the construction or work which has been
revised. However, no additional permit fee will be required unless the revision
increases the total cost of the entire project. In that event, the building
official shall require the applicant to pay an additional permit fee based on
the additional cost.
B. Fees for Rechecking Construction Documents After
Approval. When construction documents are resubmitted for review of changes made
to previously approved construction documents, the plan review fee in the case
of a building or sign permit shall be based on a rate as set forth in the
schedule of fees and charges established by city council resolution and the plan
review fee for a grading permit shall be as set forth in the schedule of fees
and charges established by city council resolution for the number of cubic yards
replaced, removed or omitted that were not previously approved. (ORD-07-0062
§ 3 (part), 2007).
18.12.160 Fee for verifying and reproducing permit records.
A fee will be charged to verify permit and inspection records, including
age of building. Reproduction of permit records may be obtained for a fee. The
fee is as set forth in the schedule of fees and charges established by city
council resolution. (ORD-07-0062 § 3 (part), 2007).
18.12.161 Processing fee for reproducing plan records.
A processing fee as set forth in the schedule of fees and charges
established by city council resolution shall be charged to process a request for
a copy of construction plans on record. A separate processing fee shall be paid
for each plan or set of plans involving a single site. The processing fee shall
be in addition to fees charged to cover duplicating costs. (ORD-07-0062 § 3
(part), 2007).
18.12.170 Oil and gas well record search.
A fee as set forth in the schedule of fees and charges established by city
council resolution for each lot or parcel located in an oil zone shall be
charged for a record search to determine the existence and location of
subsurface gas or oil wells. (ORD-07-0062 § 3 (part), 2007).
18.12.180 Oil or gas well abandonment.
A fee as set forth in the schedule of fees and charges established by city
council resolution shall be charged for the inspections required during the
abandonment of an oil or gas well. (ORD-07-0062 § 3 (part),
2007).
18.12.190 Special inspection fee.
A. Upon request, the department will make special inspections
provided:
1. The applicant makes accessible and exposes elements or
structures inspected;
2. That the applicant pays a fee as set forth in the
schedule of fees and charges established by city council resolution for the
following:
a. Building inspection,
b. Plumbing
inspection,
c. Electrical inspection,
d. Mechanical
inspection,
e. Housing inspection (dwellings),
f. Code inspection for
business license,
g. Nonteam inspection,
h. Team
inspection,
i. Condominium conversion inspections,
j. Site inspection
not otherwise covered.
B. A fee as set forth in the schedule of fees and
charges established by city council resolution per hour or fraction thereof
shall be charged for inspections requiring in excess of one hour.
For
inspections performed on request at other than normal office hours, a fee as set
forth in the schedule of fees and charges established by city council
resolution.
C. Within the scope of the special inspections, the building
official may approve minor corrections or alterations involving work of a
building, plumbing, mechanical or electrical nature with an aggregate total cost
of two thousand dollars ($2,000.00) or less. (ORD-07-0062 § 3 (part),
2007).
18.12.201 Disabled access appeals board--Appeals fees.
A fee as set forth in the schedule of fees and charges established by city
council resolution shall be charged to a person appealing to the disabled access
appeals board the action of the building official in enforcing Title 24, Part 2,
of the California Code of Regulations, the state’s disabled access and
adaptability requirements. (ORD-07-0062 § 3 (part), 2007).
18.12.202 Fees for special inspection and verification of structural observation reports.
A. To supervise the performance of registered special inspectors required
to be employed for certain types of work as provided by Section 18.16.060 of
this title, a fee as set forth in the schedule of fees and charges established
by city council resolution for each type of work shall be paid at the time of
permit issuance.
B. To verify that all structural observation reports have
been received prior to the issuance of a certificate of occupancy, a fee as set
forth in the schedule of fees and charges established by city council resolution
shall be paid at the time of permit issuance. (ORD-07-0062 § 3 (part),
2007).
18.12.230 Reinspection fee.
A. A reinspection fee may be charged for each inspection or reinspection
when the portion of work for which the inspection or reinspection is called is
not complete or when the corrections called for are not made. This section is
not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with the requirements of this title, but as
controlling the practice of calling for inspections before the job is ready for
such inspection or reinspection.
B. A reinspection fee may be assessed when
the permit card is not properly posted on the work site, the approved
construction documents are not readily available to the inspector, for failure
to provide access on the date for which inspection is requested, or for
deviating from the approved construction documents requiring the approval of the
building official.
C. To obtain a reinspection, the applicant shall file an
application therefor in writing upon a form furnished for that purpose and pay a
reinspection fee as set forth in the schedule of fees and charges established by
city council resolution.
D. In instances where reinspection fees have been
assessed, no additional inspection of the work will be performed until the
required fees have been paid. (ORD-07-0062 § 3 (part), 2007).
18.12.235 Waiver of fees.
The director of planning and building may waive any application fee
imposed on or after October 1, 1996 pursuant to the provisions of this code if
the director first finds as follows:
A. A permit has been issued which does
not fully conform to the provisions and requirements of law; and
B. There is
no evidence that the applicant, in seeking the permit intentionally sought to
avoid conformance to the provisions and requirements of law;
and
C. Substantial construction commenced in good faith reliance on that
permit; and
D. Stoppage has been ordered subsequent to such commencement as
a result of the failure of the permit to conform to the provisions and
requirements of law; and
E. The application or applications for which a fee
waiver is requested and granted are necessary in order to authorize the issuance
of the permit in a manner fully conforming to the provisions and requirements of
law. (ORD-07-0062 § 3 (part), 2007).
18.12.240 Refunds.
A. No portion of any permit as required in this title shall be refunded to
an applicant unless, prior to commencement of actual work thereunder, the
proposal to do such work is abandoned, or it is discovered that such permit is
void under provisions of any ordinance of the city. No portion of a checking fee
shall be refunded to an applicant if any checking of the construction documents
has been done in the office of the building official.
B. Refunds shall be
made in the calculated amount so determined in this section and under the
conditions set forth in Sections 3.48.040 and 3.48.060 of this
code.
C. Before any refund is made under this chapter, the building official
shall deduct a percent as set forth in the schedule of fees and charges
established by city council resolution of the fee paid to pay for expenses
incurred by the city in connection with accepting the construction documents,
passing upon the application for or issuance of the permit, and the sum shall be
deducted from the fee so paid and the balance paid to such person. If the person
entitled to the refund is an individual and such person becomes deceased, the
refund may be made to such person or persons entitled to receive the
money.
D. Any application for refund must be filed by the person entitled to
receive such refund within the prescribed expiration period. (ORD-07-0062 §
3 (part), 2007).
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