HomeMy WebLinkAboutORD 1396 ORDINANCE NO. 1396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, REPEALING CHAPTER 150 OF TITLE 15 AND
ADDING A NEW SECTION CHAPTER 150 TO TITLE 15 OF BALDWIN
PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF
THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY THE 2016
EDITION OF THE CALIFORNIA BUILDING CODE; THE 2016
CALIFORNIA GREEN BUILDING CODE; THE 2016 CALIFORNIA
RESIDENTIAL CODE; THE 2016 EDITION OF THE CALIFORNIA
ELECTRICAL CODE; THE 2016 EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 2016 EDITION OF THE CALIFORNIA
PLUMBING CODE; THE 2016 EDITION OF THE CALIFORNIA ENERGY
CODE; THE 2016 EDITION OF THE CALIFORNIA ELEVATOR SAFETY
CONSTRUCTION CODE; THE 2016 EDITION OF THE CALIFORNIA
HISTORICAL BUILDING CODE; THE 2016 EDITION OF THE
CALIFORNIA EXISTING BUILDING CODE; AND THE 2016 EDITION OF
THE CALIFORNIA REFERENCED STANDARDS CODE, INCLUDING ALL
APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY
CODE SECTION 18938.
WHEREAS, the City Council has determined enforcement of the most current
editions of the California Building Standards Code with local amendments thereof, as
recited herein as certain minimum standards are necessary for the protection of the
public health, safety and welfare of citizens of Baldwin Park; and,
WHEREAS, the adoption of the State Building Codes in their most current
editions is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15308 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7
a City may make such modifications in the requirements of the regulations, adopted
pursuant to Health and Safety Code Section 17922, as it determines to be reasonably
necessary because of local climatic, geological or topographic conditions.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19
of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in
Exhibit A hereto, which is incorporated herein by this reference.
SECTION 2. The City Council hereby finds and determines that all the
amendments, deletions, and additions to the forgoing California Building Standards
Code and other codes are necessary due to the,following:
Climatic - The City of Baldwin Park experiences periods of high temperatures
accompanied by low humidity and high winds each year. The City also experiences
periods of intense rainfall, which creates the need for special drainage precautions.
Ordinance No. 1396
Page 2 of 3
Local Geological Conditions — The City of Baldwin Park is located in the greater
Los Angeles/Long Beach region which is a densely populated area having buildings
constructed over and near a vast array of fault systems capable of producing major
earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Due to
the large numbers of tall buildings in this region as well as the increased fire-life safety
associated with such a seismic failure, the proposed modification to have a higher .
minimum base shear consistent with previous edition of the building codes need to be
incorporated into the code to assure that new buildings and additions to existing
buildings are designed and constructed in accordance with the scope and objectives of
the State Building Codes. In addition, the City of Baldwin Park is within Seismic Design
Category D and E. A severe seismic event could cause wide-spread damage, disrupt
communications, damage gas mains, cause extensive electrical hazards, and place
extreme demands on the limited and widely dispersed resources of rescue and fire
fighting resources resulting in failure to meet the fire and life safety needs of the
community. Therefore, other changes are required (i) to assure the public health and
safety in connection with suspended ceilings and return walls, and fins/canopies at
entrances; (ii) for structural observation of the construction of certain types of buildings
by the registered design professional in responsible charge for the structural design
since poor quality in construction, especially for wood frame buildings, exacerbates
earthquake damage and requiring that the registered design professional in responsible
charge for the structural design observe the actual construction will ensure acceptable
standards of workmanship and quality of construction; (iii) to limit the design of buildings
based on rotation thereby restricting potential soft-story designs and excessive
deflections; (iv) to establish certain performance requirements for hold-down
connectors, essential to preventing failure of a shear wall due to excessive deflection;
(v) to require mechanically driven nails to have the same dimension as hand driven nail
resulting in improvement in the quality of construction and performance of shear wall
panels; (vi) to delete Gypsum wallboard and exterior Portland cement plaster which have
performed poorly during recent California seismic events (the shear values for gypsum
wallboard and Portland cement stucco and staple fasteners contained in the code are
based on mono-directional testing only); (vii) restrictions on conventional framing which
does not address the need for a continuous load path, critical shear transfer
mechanisms, connection ties, irregular and flexible portions of complex shaped
structures; and (viii) to reduce and eliminate electrical fire hazard at the time of any
disaster, natural or manmade.
Local Geological, Climatic, Topographic Conditions — The City of Baldwin Park is
also located adjacent to mountainous areas subject to high winds and fires. These
amendments are required to address and clarify special needs to reduce fire hazard at
the time of any disaster, natural or manmade, and the reduce hazards resulting from
landslides and excessive erosion.
SECTION 3. The City of Baldwin Park further finds that such amendments,
deletions, and additions are necessary to best serve the public health and welfare. The
City Council further determines that the administrative provisions set forth in the State
Building Codes are not mandated by law, and that appropriate administrative provisions
should be tailored to the needs of the City.
Ordinance No. 1396
Page 3 of 3
SECTION 4. This ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the thirty-first (31st) day after its passage.
SECTION 5. The City Clerk shall cause this ordinance to be published and/or
posted in accordance with state law and shall certify to the adoption of this ordinance
and shall place this ordinance in the original book of ordinances on file in the City
Clerk's Office.
PASSED AND APPROVED on the 1st day of February, 201
,,,011111111vANU. LOZANO
y/ MAY*
ATTE'
•
CITY ERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance No. 1396 was introduced at a regular meeting of
the City Council held on January 18, 2017, and was adopted by the City Council at
its regular meeting held on February 1, 2017, by the following vote of the Council:
AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS: None
ABS T: COUNCIL M MBERS: None
ABST OUN BERS: None
ALEJANDRA AVILA
CITY CLERK
Exhibit A to Ordinance No. 1396
Page 1 of 48
EXHIBIT A
CHAPTER 150. BUILDING CODES
Part 1. Administrative Provisions
§ 150.001 TITLE.
This chapter shall be known as the Baldwin Park Building Code, may be cited
as such and hereinafter referred to herein as "this Code."
§ 150.002 PURPOSE.
The purpose of this Code is to establish minimum standards to safeguard the
public health, safety and general welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy and location of all buildings
and structures within the city and certain equipment specifically regulated herein.
§ 150.003 SCOPE.
The provisions of this Code shall serve as the administrative, organizational
and enforcement rules and regulations for the technical codes which regulate site
preparation and construction, alteration, moving, demolition, repair, use and
occupancy of buildings, structures and building service equipment within the City.
6 150.004 AUTHORITY.
This Code is adopted pursuant to the authority granted by Section 7 of Article
XI of the California State Constitution to a county or city to make and enforce within
its limits all such local, police, sanitary and other ordinances and regulations as are
not in conflict with general laws. It is further adopted in conformity with the provisions
of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to
adoption of codes by reference.
§ 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS
REQUIRED.
The provision of this Code shall apply to the construction, alteration, moving,
demolition, repair, maintenance and use of buildings and structures located within
the incorporated areas of the City of Baldwin Park.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, demolish, equip, use, occupy or maintain any
building or structure in the City, or cause or permit or suffer the same to be done, in
Exhibit A to Ordinance No. 1396
Page 2 of 48
violation of this Chapter or in violation of any of the provisions of the Codes adopted
hereunder.
Exception: Public Projects located in the public way and not subject to the
City of Baldwin Park land use regulations; public utility towers and poles; mechanical
equipment not specifically regulated by this Code; floor control structures; buildings
and structures owned and constructed by a Federal, State or other agency which
authority pre-empts that of City government.
§ 150.006 ADMINISTRATION.
The provisions of this Chapter contain cross-references to the provisions of
the 2016 CBC-Amended Administrative, promulgated by the International Code
Council in order to facilitate reference and comparison to those provisions.
§ 150.007 CREATION OF DIVISION OF BUILDING & SAFETY.
There is hereby contained with the City of Baldwin Park government structure
the Division of Building & Safety which shall be under the administrative jurisdiction
of the Building Official as designated by the appointing authority.
§ 150.008 DEPUTIES.
In accordance with prescribed procedures and with the approval of the
appointing authority, the Building Official may appoint deputies and other related
technical officers and inspectors and other employees as may be authorized by the
City Council from time to time.
§ 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL.
A. GENERAL. The Building Official is hereby authorized and directed to enforce
all of the provisions of this Code and the Technical Codes, excepting that the
provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire
Marshal of the Los Angeles County Fire Protection District. For such purposes, the
Building Official and the Fire Marshal, respectively, and their respective authorized
representatives, shall each have the powers of a law enforcement officer. The
Building Official shall have the power to render interpretations of this Code and to
adopt and enforce rules supplemental to this Code as may be deemed necessary in
order to clarify the applications and the provisions of this Code. Such
interpretations, rules and regulations shall be in conformity with the intent and
purpose of this Code.
B. INTERPRETATIONS AND POLICIES. The Building Official shall have the
power and authority to render interpretations of this Chapter and the Technical Codes
and to adopt and enforce rules, policies, procedures and supplemental regulations in
order to clarify the application of its provisions. Such interpretations, policies,
Exhibit A to Ordinance No. 1396
Page 3 of 48
procedures, rules and regulations shall be in conformance with the intent and purpose
of this Chapter.
C. RIGHT OF ENTRY.
1. The Building Official may enter the building or premises at all
reasonable times to inspect or to perform the duties imposed by this
Chapter:
a. when necessary to make an inspection to enforce any of the provisions
of this Chapter and the technical codes, or
b. when the Building Official has reasonable cause to believe that there
exists in anybuildingor upon a premises a condition which is contrary
p
to or in violation of this Chapter which makes the building or premises
unsafe, dangerous or hazardous.
2. The Building Official shall adhere to the following procedures in making
an entry:
a. if such building or premises be occupied, the Building Official
shall present credentials to the occupant and request entry.
b. If such building or premises be unoccupied, the Building Official
shall first make a reasonable effort to locate the owner or other persons
having charge or control of the building or premises and request entry.
c. Should entry be refused, the Building Official shall have recourse
to the remedies provided by law to secure entry. Notwithstanding the
foregoing, if the Building Official has reasonable cause to believe that
there exists an unsafe, substandard or dangerous condition within the
building or premises as to require immediate inspection to safeguard
the public health or safety, the Building Official shall have the right to
immediately enter and inspect such property and may use any
reasonable means required to secure such entry and make such
inspection.
D. STOP WORK ORDERS. When work is being done contrary to the provisions
of this Chapter, the technical codes, or other pertinent laws or ordinances
implemented through the enforcement of this Chapter, the Building Official may order
the work stopped by notice in writing served on persons engaged in the doing or
causing such work to be done, and such persons shall forthwith stop the work until
authorized by the Building Official to proceed with the work.
E. OCCUPANCY VIOLATIONS. When a building or structure or building service
equipment therein regulated by this Chapter and the technical codes is being used
contrary to the provisions of such codes, the Building Official may order such use
Exhibit A to Ordinance No. 1396
Page 4 of 48
discontinued by written notice served on any person causing such use to be
continued. Such person shall discontinue the use within the time prescribed by the
Building Official after receipt of such notice to make the structure, or portion thereof,
comply with the requirements of such codes.
F. AUTHORITY TO DISCONNECT UTILITIES. The Building Official or the
Building Official's authorized representative shall have the authority to disconnect a
utility service or energy supplied to the building, structure or building service
equipment therein regulated by this Chapter or the technical codes in case of
emergency where necessary to eliminate an immediate hazard to life or property.
The Building Official shall whenever possible notify the serving utility, the owner and
occupant of the building, structure or building service equipment of the decision to
disconnect prior to taking such action, and shall notify such serving utility, owner and
occupant of the building, structure or building service equipment, in writing, of such
disconnection immediately thereafter.
G. AUTHORITY TO CONDEMN BUILDING SERVICE EQUIPMENT.
1. When the Building Official ascertains that building service equipment
regulated in the technical codes has become hazardous to life, health or
property, or has become unsanitary, the Building Official shall order, in
writing, that such equipment either be removed or restored to a safe or
sanitary condition, as appropriate.
2. The written notice itself shall fix a time limit for compliance with such
order. Defective building service equipment shall not be maintained
after receiving such notice.
3. When such equipment or installation is to be disconnected, a written
notice of such disconnection and causes therefore shall be given within
twenty four (24) hours to the serving utility, the owner and occupant of
such building, structure or premises.
4. When any building service equipment is maintained in violation of the
technical codes and in violation of a notice issued pursuant to the
provisions of this Chapter, the Building Official shall institute appropriate
action to prevent, restrain, correct or abate the violation.
H. CONNECTION AFTER ORDER TO DISCONNECT. No person shall make
or suffer the connection from an energy, fuel or power supply nor supply energy or
fuel to building service equipment which has been disconnected or ordered to be
disconnected by the Building Official or the use of which has been ordered to be
discontinued by the Building Official until the Building Official authorizes the
reconnection and use of such equipment.
I. CUSTODIAN OF RECORDS. The Building Official shall be the custodian of
records for the Division of Building and Safety and as such, is charged with the
Exhibit A to Ordinance No. 1396
Page 5 of 48
responsibility to keep and maintain a permanent record of all building permits issued
by the Division as well as plans and other pertinent documents and transactions.
Such records and documents may be maintained in electronic image, electronic file,
paper, or other approved archival method.
J. LIABILITY. It is the intent of this Code to establish minimum standards for the
protection of the health, safety and welfare of the public. This Code shall not be
construed to establish standards of performance, strength or durability other than
those specified. This Code, nor any of the services rendered in connection with its
terms by City officers, inspectors, agents or employees is intended, nor shall be
construed as the basis, for any expressed or implied warranties or guarantees to
any person relative to, or concerning any structure or part, portion of appurtenances
thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced
or removed pursuant to this Code or any permits granted hereunder. No cause of
action shall arise in favor of any person against the City of Baldwin Park, or any of
its officers, inspectors, agents, or employees because any structure or portion
thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any
appurtenance, system, wiring, plumbing, mechanical equipment, devices, or
appliances installed, maintained, repaired or replaced hereunder do not meet the
standards prescribed herein. The Building Official, deputies, inspectors, technical
officers and employees, charged with the enforcement of this Code and the
technical codes, acting in good faith and without malice in the discharge of their
duties shall thereby, not be rendered personally liable for damage that may accrue
to persons or property as a result of an act or omission in the discharge of the
assigned duties. A suit brought against the Building Official, deputy, technical
officer, inspector or employee because of such an act or omission performed by the
Building Official, deputy, technical officer, inspector or employee in the enforcement
of the provisions of such codes or other pertinent laws or ordinances implemented
through the enforcement of this Code or enforced by the code enforcement agency
shall be defended by this jurisdiction until final termination of such proceedings, and
any judgment resulting therefrom, shall be assumed by the jurisdiction.
K. CONFLICTING PROVISIONS.
1. When conflicting provisions or requirements occur between this
Chapter, the technical codes and other codes or laws, the most
restrictive shall govern.
2. When conflicts occur between the technical codes, those provisions
providing the greater safety to life shall govern. Where sanitation, life
safety, or fire safety are not involved, the most restrictive provisions
shall govern.
3. Where in a specific case different sections of the technical codes
specify different materials, methods of construction or other
requirements, the most restrictive shall govern. When there is a conflict
Exhibit A to Ordinance No. 1396
Page 6 of 48
between a general requirement and a specific requirement, the specific
requirement shall be applicable.
L. ALTERNATE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION.
1. The provisions of the technical codes are not intended to prevent the
use of any material, method of design or method of construction not
specifically prescribed by the technical codes, provided an alternate has
been approved and its use authorized by the Building Official.
2. The Building Official may approve an alternate, provided the Building
Official finds that the proposed design is satisfactory and complies with
the provisions of the technical codes and that the material, method or
work offered is, for the purpose intended, at least the equivalent of that
prescribed in the technical codes in suitability, strength, effectiveness,
fire resistance, durability, safety and sanitation.
3. The Building Official shall require that sufficient evidence or proof be
submitted to substantiate claims that may be made regarding its use.
4. The details of an action granting approval of an alternate shall be
recorded and entered in the records.
5. The Building Official may require the applicant to arrange for the
proposed alternate materials, methods of design and methods of
construction be reviewed and evaluated by an outside agency
designated by the Building Official at the applicant's expense.
M. MODIFICATIONS.
1. Whenever there are practical difficulties involved in carrying out the
provisions of the technical codes, the Building Official may grant
modifications for individual cases.
2. The Building Official shall first find that:
a. A special individual reason makes the strict letter of the technical
code impractical;
b. The modification is in conformity with the intent and purpose of
the technical code, and
c. Such modification does not lessen health, life safety and fire
safety requirements or any degree of structural integrity.
3. The details of actions granting modifications shall be recorded and
entered in the records.
Exhibit A to Ordinance No. 1396
Page 7 of 48
4. The Building Official may require the applicant to arrange for the
proposed modification to be reviewed by an outside agency designated
by the Building Official at the applicant's expense.
N. TESTS AND RESEARCH REPORTS.
1. Whenever there is insufficient evidence for determining compliance with
the provisions of the technical codes or evidence that materials or
construction do not conform to the requirements of the technical codes,
the Building Official may require tests as evidence of compliance to be
made at the applicant's expense.
2. Test methods shall be as specified by the technical codes or by other
recognized test standards. In the absence of recognized and accepted
test methods, the Building Official shall determine test procedures.
3. Tests shall be made by an approved agency.
4. Reports of such tests shall be entered in the records.
5. The Building Official may require the applicant to arrange for the test
procedures, methodology, results, reports, etc. to be reviewed and
evaluated by an outside agency designated by the Building Official at
the applicant's expense.
§ 150.010 APPLICABILITY.
The provisions of this Code shall not be construed to conflict with the
provisions of the State Housing Law, nor any other provisions of State or Federal
laws. Any requirements of this Code or the codes adopted hereby, which are more
restrictive shall apply.
§ 150.011 BOARD OF APPEALS.
A. BOARD ESTABLISHED. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official relative to the application
and interpretation of this Code, there shall be and is hereby created a Board of
Appeals consisting of members who are qualified by experience and training and
who are not employees of the jurisdiction, to pass upon matters pertaining to the
application or installation of building, electrical, plumbing and mechanical systems,
components and equipment. The Building Official or his designee shall be an ex
officio member and shall act as Secretary to said Board but shall have no vote upon
any matter before the Board. The Board of Appeals shall be appointed by the City
Council and shall hold office at its pleasure. The Board shall adopt rules of
procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the Building Official. The Board of
Exhibit A to Ordinance No. 1396
Page 8 of 48
Appeals shall have no authority relative to interpretations of the administrative
provisions of this Code. The Board shall have no authority to waive requirements of
this Code.
B. APPEAL.
1. An applicant for or holder of a permit whose proposed solution for
meeting the requirements of Title 24 of the California Code of Regulations is not
approved or authorized by the Building Official may file an appeal with the Board of
Appeals.
2. An application for appeal shall be based on a claim that the true intent
of this Code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this Code do not fully apply, or and equally good or
better form of construction is proposed.
§ 150.012 PARTIAL INVALIDITY.
If any section, subsection, sentence, clause or phrase of this Code or the
application thereof to any person or circumstance is for any reason held to be
unconstitutional or invalid, such decision shall not effect the validity of the remaining
portions of this Code or the application of such provision to other persons or
circumstances.
Part 2. Definitions
§ 150.020 DEFINITIONS.
The definitions set forth in this Section shall govern the application and
interpretation of this Chapter.
Alter or Alteration
"Alter" or "Alteration" means a change or modification in construction or building
service equipment.
Administrative Authority
"Administrative Authority" is the Building Official or a regularly authorized deputy.
Approved
"Approved," as to materials, types of construction, equipment and systems, refers to
approval by the Building Official as the result of investigation and tests conducted by
the Building Official, or by reason of accepted principles or tests by recognized
authorities, technical or scientific organizations.
Exhibit A to Ordinance No. 1396
Page 9 of 48
Approved Agency
"Approved Agency" means an established and recognized agency regularly
engaged in conducting tests or furnishing inspection services, when the agency has
been approved by the Building Official.
Building Code
"Building Code" means the Baldwin Park Building Code.
Building Service Equipment
"Building service equipment" refers to the plumbing, mechanical, electrical and
elevator equipment including piping, wiring, fixtures and other accessories which
provide sanitation, lighting, heating, ventilation, cooling, fire-fi htin
g
and transportation facilities essential to the occupancy of the building or structure for
its designated use.
CBC
"CBC" means the California Building Code as adopted by the State of California.
Code, Or this Code
"Code and this Code" is Chapter 150 of the Baldwin Park Municipal Code, unless
otherwise noted.
Condominiums
"Condominiums" shall mean any building or portion thereof that contains three or
more dwelling units that does not meet the definition of townhouse as set forth
below; for purposes of this Code, condominiums shall be classified as R-2
occupancy.
Electrical Code
"Electrical Code" means the Baldwin Park Electrical Code.
Existing Building
"Existing Building" means a building legally erected prior to effective date of this
chapter.
Fire Code
"Fire Code" is the International Fire Code (IFC), 2012 edition, promulgated by the
International Code Council, including the Appendix thereto, together with those
omissions, amendments, exceptions and additions there to as amended in the
California Code of regulations, and Title 24 of the California Code of Regulations.
Jurisdiction
"Jurisdiction" is the City of Baldwin Park.
Listed and Listing
"Listed" and "Listing" are terms referring to equipment and materials which are
shown in a list published by an approved testing agency, qualified and equipped for
Exhibit A to Ordinance No. 1396
Page 10 of 48
experimental testing and maintaining an adequate periodic inspection of current
productions and which listing states that the material or equipment complies with
accepted national standards which are approved, or standards which have been
evaluated for conformity with approved standards.
Mechanical Code
"Mechanical Code" is Baldwin Park Mechanical Code.
Occupancy
"Occupancy" is the purpose for which a building, or part thereof, is used or intended
to be used.
Permit
"Permit" is an official document or certificate issued by the Building Official
authorizing performance of a specified building, plumbing, mechanical, or electrical
activity or any combination of such permits issued jointly by the Building Official.
Plumbing Code
"Plumbing Code" is the Baldwin Park Plumbing Code.
Repair
"Repair" is the reconstruction or renewal of any part of an existing building, structure
or building service equipment for the purpose of its maintenance.
Shall
"Shall" as used in this Code is mandatory.
Structure
"Structure" is that which is build or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner.
Technical Codes
"Technical Codes" refer to those codes adopted by this Chapter containing the
provisions for design, construction, alteration, addition, repair, removal, demolition,
use, location, occupancy and maintenance of buildings and structures and building
service equipment.
Townhouse
"Townhouse" shall mean a single family dwelling in a row of at least three (3) such
units, not more that three stories above grade, in which each unit shall be located on
a separate parcel, having its own access to the outside, no unit located over another
unit, and each unit shall be separated by a property line from any other unit. For the
purpose of this chapter, all town houses shall be classified as R-3 occupancy.
Exhibit A to Ordinance No. 1396
Page 11 of 48
Part 3. Organization and Enforcement
§ 150.030 ABATEMENT ORDERS.
When any structure or site is being used or constructed in violation of this
Code, or any of the Codes adopted by reference herein, the Building Official may
order such use or construction discontinued and the structure or portions thereof
vacated by a written notice served on any person or persons causing such use.
Such person or persons shall discontinue such use within the specified time as
indicated on the notice. After receipt of such notice, such person or persons shall
abate the violations or cause the building or structure to be demolished or removed.
§ 150.031 ABATEMENT PROCEDURES.
The Building Official shall inspect or cause to be inspected a building,
structure where reasonable suspicion exists that said building or structure may be
substandard, unsafe or used in violation of this Code, State Health and Safety Code,
State Housing Regulations, or any of the codes adopted by reference herein. If after
inspecting the building or structure, the Building Official determines that said building
or structure is unsafe, substandard or being used in violation of this Code, State
Health and Safety Code, State Housing Law, or any of the codes adopted by
reference herein, the Building Official shall give a written Notice and Order to the
owner, tenant or user of the building or property pursuant to the provisions of the
State Health and Safety Code, State Housing Law and this Code. If the Building
Official finds that certain electrical, plumbing, mechanical, excavation or structural
systems pose an immediate hazard to life and property, the Building Official may
order such systems disconnected, removed or abated immediately.
If a Notice and Order must be served upon the owner, tenant or user of the
building or structure, the Building Official shall assess the owner, tenant or user of
the building or structure all applicable fees required to cover expenses incurred by
the City of Baldwin Park in the processing of the Notice and Order to abate. Such
processing fees shall be calculated at the rate indicated in the Schedule of Service
Charges adopted by the City Council.
Buildings damaged by fire or by natural disasters where the extent of damage
to the building exceeds seventy-five (75) percent of the valuation of the building prior
to the disaster, or when determined by the Building Official that a structure is unsafe
for occupancy due to damage the building shall be considered a total loss and be
demolished pursuant to this section. , and if necessary the safety of the damaged
structure will be determined by an engineering study paid by the owner of the
property.
§ 150.032 COST OF ABATEMENT OR COMPLIANCE.
Any person, whether as principal, agent, employee or otherwise, who
maintains any premises in violation of the provisions of this Code, any of the codes
Exhibit A to Ordinance No. 1396
Page 12 of 48
adopted by reference herein, or the State Housing Law shall be liable for, and
obligated to pay to the City of Baldwin Park all costs incurred by the City in obtaining
abatement or compliance which is attributable to, or associated with, the
enforcement or abatement action, whether such action is administrative, injunctive
or legal and for all damages suffered by the City its officers, agents, and employees
as a result of such violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance action
fails to pay for the costs of such abatement or compliance action upon demand by
the City, the City Council by resolution may order the cost of the abatement to be
specially assessed to the property or parcel. Such assessment shall be collected at
the same time and in the same manner as ordinary county taxes are collected and
shall be subject to the same penalties and the same procedure be applied at the
time of sale or in case of delinquency as are provided for ordinary county taxes.
§ 150.033 NOTICE OF NON-COMPLIANCE.
Whenever the Building Official determines that work has been done without
the required permits, or has not been completed in accordance with the
requirements of this Code, the State Housing Law or any code adopted herein, the
Building Official may cause a Notice of Non-Compliance to be recorded with the
County Recorder and shall notify the owner of such property of such action. The
Notice of Non-Compliance shall describe the property, shall set forth the non-
complying conditions and shall state that the owner of such property has been duly
notified. The Building Official shall record a Notice of Release of the Notice of Non-
Compliance with the County Recorder when it has been determined by the Building
Official that the non-complying conditions have been corrected.
§ 150.034 PUBLIC NUISANCE.
Buildings or structures or portions thereof which are regulated by this Code,
and which are determined by the Building Official to be unsafe or not provided with
adequate egress or which constitute a fire hazard, or which are determined
substandard under the provisions of the California Health and Safety Code, the
State Housing Law, any other applicable law or ordinance, or which are otherwise
dangerous to human life, or which constitute a hazard to health safety or public
welfare by reason of inadequate maintenance, dilapidation, damage obsolescence
or abandonment as specified in this Code or any other law or ordinance, shall be
declared unsafe buildings and shall be declared a public nuisance and shall be
ordered abated by repair, rehabilitation, removal or demolition pursuant to the
provision of this Code.
§ 150.035 ACTIONS, VIOLATIONS AND PENALTIES.
It shall be unlawful for any person, firm, corporation or association to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish
equipment, use, occupy, or maintain any building, structure or building service
equipment regulated by this Code, or cause the same to be done in violation of this
Exhibit A to Ordinance No. 1396
Page 13 of 48
Code or any codes hereby adopted by reference, State Housing Law or other
applicable State or local law. The penalty shall be as set forth in Section 10.99 of
the Baldwin Park Municipal Code. Each such person, firm, corporation or
association shall be deemed guilty of a separate offense for each and everyday or
portion thereof during which any violation of any of the provisions of this Code is
committed, continued, or allowed and upon conviction of such violation such person,
firm, corporation or association shall be punishable by a fine or imprisonment or both
as provided by law and the Baldwin Park Municipal Code. The issuance of a permit
or the approval of plans and specifications shall not be construed to authorize any
violation of the provisions of this Code or any codes hereby adopted by reference,
State Housing Law or other applicable State or local law. The issuance or granting
of a permit or approval of plan and specification shall not prevent the Building
Official from thereafter requiring the correction of errors in said plans and
specifications or from suspending construction operations when such plans,
specification or construction are in violation of this Code or any codes hereby
adopted by reference, State Housing Law or other applicable State or local law.
Part 4. Existing Buildings and Building Service Equipment
§ 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING
BUILDINGS AND BUILDING SERVICE EQUIPMENT.
The provisions of this Part govern the application of the technical codes to
existing buildings and building service equipment.
§ 150.041 GENERAL.
The buildings, structures and their building service equipment to which
additions, alterations or repairs are made shall comply with all the requirements of
the technical codes for new facilities, except as specifically provided in this Chapter.
§ 150.042 ADDITIONS, ALTERATIONS OR REPAIRS.
Additions, alterations or repairs may be made to a building or its building
service equipment without requiring the existing building or its building service
equipment to comply with all the requirements of the technical codes, provided the
addition, alteration or repair conforms to that required for a new building or building
service equipment.
150.043 ADDITIONS, ALTERATION OR REPAIRS: UNSAFE CONDITIONS.
A. Additions or alterations shall not be made to an existing building or building
service equipment which will cause the existing building or building service
equipment to be in violation of the provisions of the technical codes nor shall such
additions or alterations cause the existing building or building service equipment to
become unsafe.
Exhibit A to Ordinance No. 1396
Page 14 of 48
B. An unsafe condition shall be deemed to have been created if an addition or
alteration may cause the existing building or building service equipment to become
structurally unsafe or overloaded; may not provide adequate egress in compliance
with the provisions of the Building Code or may obstruct existing exits; may create a
fire hazard; may reduce required fire resistance; may cause building service
equipment to become overloaded or exceed their rated capacities; may create a
health hazard or may otherwise create conditions dangerous to human life.
§ 150.044 ADDITIONS, ALTERATION OR REPAIRS; HEIGHT, NUMBER OF
STORIES AND AREA.
repair or alteration permit, which involves a
A. A buildingalteredpursuant to a
p
change in use or occupancy, shall not exceed the height, number of stories and area
permitted by the Building Code for new buildings.
B. A building plus new additions shall not exceed the height, number of stories
and area specified by the Building Code for new buildings.
§ 150.045 ADDITIONS, ALTERATION OR REPAIRS: COMPLIANCE WITH
CODE REQUIREMENTS.
Additions or alterations shall not be made to an existing building or structure
when the existing building or structure is not in full compliance with the provisions of
the Building Code, except when the addition or alteration will result in the existing
building or structure being no more hazardous, based on life safety, fire safety and
sanitation, than before such additions or alterations are undertaken.
EXCEPTION: Alterations of existing structural elements, or additions of new
structural elements which are initiated only for the purpose of increasing the
lateral-force-resisting strength or stiffness of an existing structure need not be
designed for forces conforming to these regulations provided that an
engineering analysis is submitted to show that:
1. The capacity of existing structural elements required to resist forces is
not reduced;
2. The lateral loading to required existing structural elements is not
increased beyond their capacity;
3. New structural elements are detailed and connected to the existing
structural elements as required by these regulations;
4. New or relocated nonstructural elements are detailed and connected
to existing or new structural elements as required by these
regulations; and
Exhibit A to Ordinance No. 1396
Page 15 of 48
5. An unsafe condition is not created.
§ 150.046 ADDITIONS, ALTERATION OR REPAIRS: USE OF SAME MATERIALS.
Alterations or repairs to an existing building or structure which are
nonstructural and do not adversely affect a structural member or a part of the building
or structure having required fire resistance may be made with the same materials of
which the building or structure is constructed, subject to approval by the Building
Official. Installation or replacement of glass shall be as required for new installations.
§ 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS.
Building service equipment lawfully in existence prior to the effective date of
this Chapter, may have their use, maintenance or repair continued if the use,
maintenance or repair is in accordance with the original design and a hazard to life,
health or property has not been created by such building service equipment.
6 150.048 EXISTING OCCUPANCY.
A. Buildings in existence prior to the effective date of this Chapter may have their
existing use or occupancy continued if the use or occupancy was legal prior to the
effective date of this Chapter, and provided continued use is not dangerous to life,
health and safety.
B. A change in the use or occupancy of any existing building or structure shall
comply with the provisions of this Code.
150.049 MAINTENANCE.
A. Buildings, structures and building service equipment, existing and new, and
parts thereof shall be maintained in a safe and sanitary condition.
B. Devices or safeguards which are required by the technical codes shall be
maintained in conformance with the technical code under which installed.
C. The owner or the owner's designated agent shall be responsible for the
maintenance of buildings, structures and their building service equipment.
D. The Building Official may cause a structure to be reinspected to determine
compliance with this subsection.
150.050 MOVED BUILDINGS.
Buildings, structures and their building service equipment moved into or within
the City shall comply with the provisions of the technical codes for new buildings or
structures and their building service equipment.
Exhibit A to Ordinance No. 1396
Page 16 of 48
§ 150.051 TEMPORARY STRUCTURES.
A. Temporary structures such as reviewing stands and other miscellaneous
structures, sheds, canopies or fences used for the protection of the public around and
in conjunction with construction work may be erected by a permit issued pursuant to
CBC Section 3103.
B. Temporary buildings or structures shall be completely removed upon the
expiration of the time limit stated in the permit.
§ 150.052 HISTORIC BUILDINGS.
Repairs, alterations and additions necessary for the preservation, restoration,
rehabilitation or continued use of a building, structure, or its building service
equipment may be made provided:
A. The building or structure has been designated by official action of the legally
constituted authority of the City as having special historical or architectural
significance.
B. Unsafe conditions as described in this Chapter are corrected.
C. The restored building or structure and its building service equipment will be no
more hazardous based on life safety, fire safety and sanitation than the
existing building.
D. The structure meets the requirement of 2016 California Historical Building
Code, Part 8 of Title 24.
Part 5. Permits
150.060 PERMITS REQUIRED.
Except as specified in this Part, no building, structure or building service
equipment regulated by this Chapter and the technical codes shall be erected,
constructed, enlarged, altered, repaired, moved, improved, removed, converted or
demolished unless a separate, appropriate permit for each building, structure or
building service equipment has first been obtained from the Building Official.
§ 150.061 WORK EXEMPT FROM PERMIT.
A. A permit shall not be required for the types of work in each of the separate
classes of permit as set forth in this Part.
B. Exemption from the permit requirements of this Chapter shall not be deemed to
grant authorization for any work to be done in violation of the provisions of the
technical codes or any other laws or City ordinances.
Exhibit A to Ordinance No. 1396
Page 17 of 48
150.062 BUILDING PERMIT EXEMPTIONS.
A. A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage
sheds, playhouses and similar uses, provided the floor area does not
exceed 120 square feet (11 m2), the building is 14 feet or less in height,
and does not contain electrical, mechanical or plumbing work.
2. Fences not over seven (7) (2134 mm) high.
3. Oil derricks.
4. Non-fixed and movable fixtures, cases, racks, counters and partitions
not over five (5) feet nine (9) inches (1753 mm) high.
5. Retaining walls which are not over four (4) feet (1219 mm) 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.
6. Water tanks supported directly upon grade if the capacity does not
exceed five thousand (5,000) gallons (18925 liters) and the ratio of
height to diameter or width does not exceed two to one.
7. Platforms, sidewalks and driveways not more than thirty (30) inches
(762 mm) above adjacent grade, and not over any basement or story
below, and are not part of an accessible route.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar
finish work.
9. Temporary motion picture, television and theater stage sets and
scenery.
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 supported by an exterior wall of detached one- and
two-family dwellings, and Group U Occupancies when projecting not
more than fifty-four (54) inches (1372 mm) and do not require additional
support
Exhibit A to Ordinance No. 1396
Page 18 of 48
13. Prefabricated swimming pools accessory to a detached one- and two-
family dwellings. Occupancy in which the pool walls are entirely above
the adjacent grade and if the capacity does not exceed five thousand
(5,000) gallons (18925 liters), and less than twenty-four (24) inches
(610 mm) deep.
14. Replacement, repair or overlay of less than ten percent (10%) of an
existing roof within any twelve (12) month period.
15. Nonfixed and movable fixtures, cases, racks, counters and partitions
not over 5 feet 9 inches (1753 mm) in height.
B. Unless otherwise exempted by this Chapter, separate plumbing, electrical and
mechanical permits will be required for the above exempted items.
150.063 PLUMBING PERMIT EXEMPTIONS.
A plumbing permit shall not be required for the following:
1. The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should any concealed trap, drainpipe, soil, waste or vent
pipe become defective and it becomes necessary to remove and
replace the same with new material, the same shall be considered as
new work and a permit shall be procured and inspection made as
provided in this Chapter.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, including the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
§ 150.064 MECHANICAL PERMIT EXEMPTIONS.
A mechanical permit shall not be required for the following:
1. A portable heating appliance.
2. Portable ventilating equipment.
3. A portable cooling unit.
4. A portable evaporative cooler.
5. A closed system of steam, hot or chilled water piping within heating or
cooling equipment regulated by the Mechanical Code.
Exhibit A to Ordinance No. 1396
Page 19 of 48
6. Replacement of any component part of assembly of an appliance
which does not alter its original approval and complies with other
applicable requirements of the technical codes.
7. Refrigerating equipment which is part of the equipment for which a
permit has been issued pursuant to the requirements of the technical
codes.
8. A unit refrigerating system as defined in the Mechanical Code.
§150.065 ELECTRICAL PERMIT EXEMPTIONS.
An electrical permit shall not be required for the following:
1. Portable motors or other portable appliances energized by means of a
cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by the
Electrical Code.
2. Repair or replacement of fixed motors, transformers or fixed approved
appliances of the same type and rating in the same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, conductor
or control device.
5. Reinstallation of attachment plug receptacles, but not the outlets
therefore.
6. Replacement of any over current device of the required capacity in the
same location, except service equipment.
7. Repair or replacement of electrodes or transformers of the same size
and capacity for signs or gas tube systems.
8. Taping joints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable experimental
laboratories.
11. The wiring for temporary theater, motion picture or television stage sets.
12. Electrical wiring, devices, appliances, apparatus or equipment operating
at less than twenty five (25) volts and not capable of supplying more
Exhibit A to Ordinance No. 1396
Page 20 of 48
than fifty (50) watts of energy, except in hazardous (classified)
locations.
13. Low-energy power, control and signal circuits of Class II and Class III as
defined in the Electrical Code.
14. A permit shall not be required for the installation, alteration or repair of
electrical wiring, apparatus or equipment or the generation,
transmission, distribution or metering of electrical energy or in the
operation of signals or the transmission of intelligence by a public or
private utility in the exercise of its function as a serving utility.
Part 6. Application Requirements
§ 150.071 APPLICATION FOR PERMIT.
A. To obtain a permit an applicant shall file a completed application, in writing, on
a form furnished by the Building Official for that purpose.
B Every such application shall:
1. Identify and describe the work to be covered by the permit for which
application is made.
2. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify
and definitely locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications
and other data as required in CBC Section 107.
5. State the valuation of any new building or structure or any addition,
remodeling or alteration to an existing building.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as may be required by the
Building Official.
C. The work to be covered by the permit for which application is made, shall
comply with the Code, standards, and laws in effect at the time such application is
filed with the Building Official.
Exhibit A to Ordinance No. 1396
Page 21 of 48
§ 150.072 SUBMITTAL DOCUMENTS.
A. Plans, specifications, engineering calculations, diagrams, soil investigation
reports, special inspection and structural observation programs and other data shall
constitute the submittal documents and shall be submitted in one or more sets with
each application for a permit.
B. When such plans are not prepared by an architect or engineer, the Building
Official may require the applicant submitting such plans or other data to demonstrate
that state law does not require that the plans be prepared by a licensed architect or
engineer.
C. The Building Official may require plans, computations and specifications to be
prepared and designed by an engineer or architect licensed by the state to practice as
such even if not required by state law.
D. EXCEPTION: The Building Official may waive the submission of plans,
calculations, construction inspection requirements and other data if it is found that the
nature of the work applied for is such that reviewing of plans is not necessary to
obtain compliance with this Chapter.
§ 150.072 INFORMATION ON PLANS AND SPECIFICATIONS.
A. Plans and specifications shall be drawn to scale on substantial paper or cloth
and 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 Chapter and
all relevant laws, ordinances, rules and regulations.
B. Plans for buildings of other than detached one- and two-family dwellings and
Group U Occupancies shall indicate how required structural and fire-resistive integrity
will be maintained when a penetration will be made for electrical, mechanical,
plumbing and communication conduits, pipes and similar systems.
§ 150.073 ARCHITECT OR ENGINEER OF RECORD.
A. When it is required that documents be prepared by an architect or engineer,
the Building Official may require the owner to engage and designate on the building
permit application an architect or engineer who shall act as the architect or engineer
of record.
B. If the circumstances require, the owner may designate a substitute architect or
engineer of record who shall perform all of the duties required of the original architect
or engineer of record.
C. The Building Official shall be notified, in writing, by the owner if the architect or
engineer of record is changed or is unable to continue to perform the duties.
Exhibit A to Ordinance No. 1396
Page 22 of 48
D. The architect or engineer of record shall be responsible for reviewing and
coordinating all submittal documents prepared by others, including deferred submittal
items, for compatibility with the design of the building.
§150.074 DEFERRED SUBMITTALS.
A. For the purposes of this Chapter, 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.
B. Deferral of any submittal items shall have prior approval of the Building Official.
The architect or engineer of record shall list the deferred submittals on the plans and
shall submit the deferred submittal documents. Additional plan review fee shall be
paid by the applicant for deferred submittals for review by the Building Official prior to
their installation.
C. Submittal documents for deferred submittal items shall be submitted to the
registered design architect or engineer of record who shall review them and forward
them to the Building Official with a notation indicating that the deferred submittal
documents have been reviewed and that they have been found to be in general
conformance with the design of the building.
D. The deferred submittal items shall not be installed until their design and
submittal documents have been approved by the Building Official.
§ 150.075 INSPECTION AND OBSERVATION PROGRAM.
A. When special inspection is required by CBC Chapter 17, the architect or
engineer of record shall prepare an inspection program which shall be submitted to
the Building Official for approval prior to issuance of the permit.
B. The inspection program shall designate the portions of the work to have special
inspection, the name or names of the individuals or firms who are to perform the
special inspections and indicate the duties of the special inspectors.
C. The special inspector shall be employed by the owner, the engineer or
architect of record, or an agent of the owner, but not the contractor or any other
person responsible for the work.
D. When structural observation is required by CBC Chapter 17, the observation
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.
E. The inspection program shall include samples of inspection reports and provide
time limits for submission of reports.
Exhibit A to Ordinance No. 1396
Page 23 of 48
§ 150.076 EXPIRATION OF APPLICATION FOR PERMIT
A. Except as provided below, a permit application shall expire if no permit is
issued within one year after the date the permit application is filed. A permit
application filed prior to the effective date of this Chapter, shall expire if no permit is
issued within one year after the date the permit application is filed. The Building
Official may issue a permit for work shown on an expired application for a permit
without requiring the re-submittal of plans and payment of a plan review fee
provided:
1. No changes have been made or will be made to the original
plans and specifications except as required by the original plan
review; and
2. No pertinent laws or ordinances have been amended
subsequent to the date the original application was filed; and
3. The time allowed to obtain the permit does not exceed one year
and one month from the date the original application was filed;
and
4. Circumstances beyond the control of the applicant have
prevented action from being taken.
B. Except as provided in this Section, no action may be taken on an application
after expiration. Plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the Building Official. To obtain a permit,
applicants shall submit a new application, documents and pay a new plan review
fee. All applicable codes, standards, and laws in affect at the time of the new
application shall then apply to the project.
Part 7. Permit Issuance
§ 150.080 PERMIT ISSUANCE.
A. The application, plans, specifications, computations and other data filed by an
applicant for permit shall be reviewed by the Building Official as deemed
appropriate. Such plans may be reviewed by other City departments to verify
compliance with other applicable laws.
B. If the Building Official finds that the work described in an application for a
permit and the plans, specifications and other data filed therewith conform to
the requirements of this Chapter and the technical codes and other pertinent
laws and ordinances, and that the required fees have been paid, the Building
Official shall issue a permit therefore to the applicant.
Exhibit A to Ordinance No. 1396
Page 24 of 48
C. The Building Official shall endorse, in writing or stamp, the required plans and
specifications.
D. Approved plans and specifications shall not be changed, modified or altered
without authorizations from the Building Official, and all work regulated by this
Chapter shall be done in accordance with the approved plans.
§ 150.082 PERMITS FOR PARTIAL CONSTRUCTION.
A. The Building Official may issue a permit for the construction of part of a
building, structure or building service equipment before the entire plans and
specifications for the whole building, structure or building service equipment
have been submitted or approved, provided adequate information and detailed
statements have been filed complying with all pertinent requirements of the
technical codes.
B. The holder of a permit for partial construction shall proceed without assurance
that the permit for the entire building, structure or building service will be
granted.
§ 150.083 RETENTION OF PLANS
A. One set of approved plans, specifications and computations shall be retained
by the Building Official for a period of not less than one hundred eighty (180)
days from the date of completion of the work covered therein or as required by
the State or local laws.
B. One set of approved plans and specifications shall be returned to the applicant
and shall be kept on the site of the building or work at all times during which
the work authorized thereby is in progress.
§ 150.084 VALIDITY OF PERMIT.
A. The issuance of a permit or approval of plans, specifications and computations
shall not be construed to be a permit for, or an approval of any violation of, any
of the provisions of this Chapter or the technical codes, or of any other law or
ordinance.
B. Permits presuming to give authority to violate or cancel the provisions of this
Chapter or of other City ordinances shall not be valid.
C. The issuance of a permit based on plans, specifications and other data shall
not prevent the Building Official from thereafter requiring the correction of
errors in the plans, specifications and other data, or from preventing building
operations being carried on thereunder when there is a violation of this
Chapter or of any other City ordinances.
Exhibit A to Ordinance No. 1396
Page 25 of 48
§ 150.085 PERMIT EXPIRATION.
A. Every permit issued by the Building Official under the provisions of the
technical codes shall expire by limitation and become null and void if the
building or work authorized by such permit is not commenced within one
hundred eighty (180) days from the date of such permit, or if the building or
work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days.
B. All permits shall expire by limitation of time and become null and void unless
an inspection indicating substantial progress in construction has been
requested and performed every 180 days or sooner.
C. Before work terminated pursuant to subsection B above can be recommenced,
a new permit shall be first obtained, and the permittee shall pay new full permit
fees.
D. The fee therefore shall be pursuant to the last adopted fees provided no
changes have been made to the original plans or specifications for such work;
and provided further that such suspension or abandonment has not exceeded
one (1) year.
E. If the suspension or abandonment of the project has exceeded one year, a
new permit shall be obtained and the permit fees be paid in full.
§ 150.086 PERMIT TIME EXTENSIONS.
A. A permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit, if the permittee can
demonstrate that, for good and satisfactory reasons, it is not feasible to
commence the work within the required time.
B. The Building Official may extend the time for action by the permittee for a
period not exceeding 180 days upon payment of appropriate fees and a written
request by the permittee showing that circumstances beyond the control of the
permittee have prevented action from being taken.
C. Permits shall not be extended more than once, except that, the Building
Official may approve a maximum of one CONSECUTIVE additional extension
of one hundred and eighty (180) days when the applicant demonstrates that
special unusual circumstances exist. In this case, the Building Official may
require that additional fees be paid and plans be revised to partially or fully
comply with the current codes.
D. Permit time extension when there are multiple permits on a single project must
comply with all of the following:
Exhibit A to Ordinance No. 1396
Page 26 of 48
1. For the purpose of permit expiration, all permits associated with a single
project (i.e., same address, suite, portion of building) will be considered
as one project. If an inspection has been performed on any of the
permits for the project, all permits will be considered to have been
extended for an additional 180 days. However, no permit more than
three years old may be extended by the extension of another permit on
the same project.
2. In order to extend a permit described in subsection 1, above, one of the
permits must be extended subject to aforementioned limitations and
payment of required fees. Additionally, an inspection indicating that the
applicant has made substantial progress must be requested and
performed on the permit that has been extended within 180 days, from
the date of permit issuance.
4 150.087 PERMIT RENEWALS.
An expired building permit may be renewed provided it has not been expired
for more than one (1) year, no changes have been made to the plans or
specifications previously approved by the expired permit and appropriate permit
renewal fees are paid. In instances where work has been initiated prior to the
expiration of the permit, permit renewal fees shall be assessed pursuant to the
degree of progress made on the work authorized by the permit. Permit renewal fees
shall be assessed by the Building Official pursuant to latest adopted fees.
150.088 PERMIT SUSPENSION OR REVOCATION.
The Building Official is authorized to suspend or revoke a permit issued under
the provisions of this Code when the permit is issued in error or on the basis of
incorrect inaccurate, incomplete, or fraudulent information provided by the applicant,
or when such permit is in violation of an ordinance, regulation, State law or the
provisions of this Code. All suspension or revocation of permits must be in writing
showing the cause and the time period for such action.
150.090 PERMIT DENIAL.
Except where special building designs or other mitigation measures have
been approved by the Building Official and co-operating officials of other City and
County agencies, a building permit may be denied where physical features of a
building site are such that denial of the building permit is deemed necessary to
safeguard life, limb, health, property or public welfare. Physical features which justify
denial of a permit shall include but shall not be limited to the following:
1. Precipitous cliffs or other adjacent vertical landmasses of unknown
stability.
2. Unstable soils or geologic conditions.
Exhibit A to Ordinance No. 1396
Page 27 of 48
3. Terrain, which is subject to flooding or severe soil erosion.
4. Terrain, which is deemed contaminated by products of hydrocarbon
or other hazardous material.
Part 8. Fees
§ 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION.
All fees required pursuant to this Chapter shall be paid in the amount
established set forth in the Schedule of Service Charges established by resolution of
the City Council.
§ 150.101 PLAN REVIEW FEES.
A. When a plan or other data is required to be submitted with an application for
permit, pursuant to this Chapter, a Plan Review Fee shall be paid at the time
of submitting plans and specifications for reviewing. The Plan Review Fee is
separate and in addition to the Building Permit Fee.
B. The Plan Review Fee shall be as set forth in the Schedule of Service
Charges established by resolution of the City Council, plus a surcharge as
set forth in the Schedule of Service Charges if additional plan review is
required for the accessibility for the disabled and/or energy conservation
standards as set forth in Title 24 of the California Code of Regulations.
C. When submittal documents are incomplete or changed so as to require
additional plan review or when the project involves deferred submittal items
as defined in this Chapter an additional plan review fee shall be charged at
the rate established in the Schedule of Service Charges.
D. Whenever a permit is requested for the construction of a single-family or
duplex structure as part of a subdivision previously plan-checked and
approved, a fee as set forth in the Schedule of Service Charges established
by the City Council for each such structure shall be paid at the time of
application for each such Building Permit.
E. The amount of initial plan review fee for submittal of a model plan as defined
herein shall be the full plan review fee as specified above. The plan review
fee for subsequent submittal of a plan which qualifies as a model plan shall
be one-half (1/2) the plan review fee. A "model plan" is hereby defined as a
prototype plan for a building or structure which is to be utilized on more than
one site, and which incorporates the same structural features, dimensions,
and calculations as the original approved plan.
F. Upon request to review plans on file, a fee as set forth in the Schedule of
Service Charges shall be paid, if the plans for such building or structure must
be obtained from the City storage vault.
Exhibit A to Ordinance No. 1396
Page 28 of 48
§ 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT.
A. Whenever any work for which a permit is required by this Chapter has been
commenced without first obtaining the proper permits, a special investigation
shall be made before any permit may be issued for such work.
B. The Investigation Fee in an amount set forth in the Schedule of Service
Charges, in addition to the permit fee, shall be collected whether or not a
permit is then or subsequently issued. The Investigation fee shall be less
than 50% of the permit fee as determined by the Building Official.
D. The payment of such Investigation Fee shall not exempt any person from
compliance with all other provisions of this Chapter nor from any penalty
prescribed by law.
150.103 FEE REFUNDS.
A. The Building Official may authorize partial refunding of any fee paid
hereunder which was erroneously paid or collected.
B. The Building Official may authorize the refunding of not more than eighty
(80%) percent of the Permit Fee paid when no work has been done under a
Permit issued in accordance with this Chapter. A processing fee of $100.00
shall be deducted from the refund amount. Permit fee under $100.00 is non-
refundable.
C. The Building Official may authorize the refunding of not more than eighty
(80%) percent of the Plan Review Fee paid when an application is withdrawn
or canceled before any plan reviewing has been started, and the refund
amount is not less than or equal to one hour of plan review service fee. A
processing fee of $100.00 shall be deducted from the refund amount. Plan
review fee under $ 200.00 is non-refundable.
D. The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee not later than one
hundred and eighty (180) days after the date of fee payment.
§ 150.104 FEE EXCEPTIONS.
A. Fees shall not be required for buildings erected for and owned by the United
States of America, the State of California, or any of its political subdivisions,
or by any school district or hospitals, where the Building Official has no
jurisdiction for issuance of permits.
B. However, if an applicant requests a plan review or permit for any of the
aforementioned projects, full fees shall be charged.
Exhibit A to Ordinance No. 1396
Page 29 of 48
Part 9. Inspections
§ 150.110 GENERAL PROVISIONS.
A. Construction or work for which a permit is required shall be subject to
inspection by the Building Official and the construction or work shall remain
accessible and exposed for inspection purposes until approved by the Building
Official. In addition, certain types of construction shall have special inspection
and structural observation as specified in Chapter 17 of the CBC.
B. Approval as a result of an inspection shall not be construed to be an approval
of a violation of the provisions of this Chapter or of other City ordinances.
Inspections presuming to give authority to violate or cancel the provisions of
this Chapter or of other City ordinances shall not be valid.
C. It shall be the duty of the permit applicant to cause the work to remain
accessible and exposed for inspection purposes. Neither the Building Official
nor the City shall be liable for expense entailed in the removal or replacement
of any material required to allow inspection.
D. A survey of the lot may be required by the Building Official to verify that the
structure is located in accordance with the approved plans.
E. All inspections specified herein shall be at the discretion of the Building Official
and nothing in the CBC or in this Chapter shall be construed as requiring the
City to conduct such inspection nor shall any actual inspection made imply a
duty to conduct any other inspection. Furthermore, neither the CBC nor this
section shall be construed to hold the City or any officer, employee or
representative of the City, responsible for any damage to persons or property
by reason of making inadequate or negligent inspection or by reason of any
failure to make an inspection or re-inspection.
§ 150.111 INSPECTION RECORD CARD.
A. Work requiring a permit shall not be commenced until the permit holder or the
agent of the permit holder shall have posted or otherwise made available an
inspection record card such as to allow the Building Official to conveniently
make the required entries thereon regarding inspection of the work.
B. The inspection record card shall be maintained and made readily available by
the permit holder until final approval has been granted by the Building Official.
150.112 INSPECTION REQUESTS.
A. It shall be the duty of the person doing the work authorized by a permit to notify
the Building Official that such work is ready for inspection.
Exhibit A to Ordinance No. 1396
Page 30 of 48
B. The Building Official may require that every request for inspection be filed at
least one working day before such inspection is desired. Such request may be
in writing or by telephone at the option of the Building Official.
C. It shall be the duty of the person requesting any inspections required either by
this Chapter or the technical codes to provide access to and means for
inspection of the work.
150.113 APPROVAL REQUIRED.
A. Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official.
B. Reinforcing steel or structural framework of a part of a building or structure
shall not be covered or concealed without first obtaining the approval of the
Building Official.
C. The Building Official, upon notification, shall make the requested inspections
and shall either indicate that portion of the construction is satisfactory as
completed or shall notify the permit holder or an agent of the permit holder
wherein the same fails to comply with this Chapter.
D. Any portions of work which do not comply shall be corrected and such portion
shall not be covered or concealed until authorized by the Building Official.
E. There shall be a final inspection and approval of all buildings and structures
when completed and ready for occupancy and use.
§ 150.114 PRELIMINARY INSPECTION.
Before issuing a permit, the building official is authorized to examine or cause
to be examined, buildings, structures and sites for which an application has been
filed.
§ 150.115 REQUIRED BUILDING INSPECTIONS.
The Building Official, upon notification, shall make the following inspections:
A. Foundation inspection. To be made after excavations for footings are
complete and required reinforcing steel is in place. For concrete foundations,
required forms shall be in place prior to inspection. All materials for the
foundation shall be on the job, except when concrete is ready-mixed in
accordance with approved nationally recognized standards ASTM C94, the
concrete need not be on the job. When the foundation is to be constructed of
approved treated wood, additional inspections may be required by the Building
Official. Building Pad Grade Certification and Compaction Report is required
Exhibit A to Ordinance No. 1396
Page 31 of 48
prior to Foundation Inspection on the form provided by the jurisdiction as
approved by the Building Official.
B. Concrete slab or under-floor inspection. To be made after in-slab or
under-floor building service equipment, conduit, piping accessories and other
ancillary equipment items are in place but before any concrete is placed or
floor sheathing installed, including the sub-floor.
C. Protection of joints and penetrations in fire resistive assemblies shall not be
concealed from view until inspected and approved.
D. Framing inspection. To be made after the roof, framing, fire blocking and
bracing are in place and all pipes, chimneys and vents are complete and the
rough electrical, plumbing, and heating wires, pipes, and ducts are approved.
E. Lath and/or wallboard inspection. To be made after lathing and wallboard,
interior and exterior, is in place but before plaster is applied or before
wallboard joints and fasteners are taped and finished.
F. Fire-resistant penetrations. (CBC Chapter 1, Section 110.3.6) Protection of
joints and penetrations in fire-resistance-rated assemblies, smoke barriers and
smoke partitions shall not be concealed from view until inspected and
approved.
G. Energy efficiency inspections. (CBC Chapter 1, Section 110.3.7)
Inspections shall be made to determine compliance with Chapter 13 and shall
include, but not be limited to, inspections for: envelope insulation R and U
values, fenestration U value, duct system R value, and HAVC and water-
heating equipment efficiency.
H. Final inspection. To be made after finish grading and the building is
completed and ready for occupancy or use.
§ 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS.
A. General. Building service equipment for which a permit is required by this
Chapter shall be inspected by the Building Official. Building service equipment
intended to be concealed by a permanent portion of the building shall not be
concealed until inspected and approved. When the installation of building
pP
service equipment is complete, an additional and final inspection shall be
made. Building service equipment regulated by the technical codes shall not
be connected to the water, fuel or power supply or sewer system until
authorized by the Building Official.
B. Operation of building service equipment The requirements of this section
shall not be considered to prohibit the operation of building service equipment
installed to replace existing building service equipment serving an occupied
Exhibit A to Ordinance No. 1396
Page 32 of 48
portion of the building in the event a request for inspection of such building
service equipment has been filed with the Building Official not more than 48
hours after the replacement work is completed, and before any portion of such
building service equipment is concealed by permanent portions of the building.
§ 150.117 OTHER INSPECTIONS.
In addition to the called inspections specified above, the Building Official may
make or require other inspections of construction work to ascertain compliance with
the provisions of this Chapter or technical codes and other applicable laws and
ordinances of this City.
§ 150.118 REINSPECTIONS.
A. A re-inspection fee may be assessed for each inspection or when such portion
of work for which inspection is called is not complete or when corrections
called for are not made.
B. This section is not to be interpreted as requiring fees the first time a job is
rejected for failure to comply with the requirements of the technical codes, but
as controlling the practice of calling for inspections before the job is ready for
such inspection or re-inspection.
C. fees may be assessed when the inspection record card is not posted or
otherwise available on the work site, the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of
the Building Official.
D. To obtain a re-inspection, the applicant shall file an application therefore in
writing upon a form furnished for that purpose, and pay the fee in accordance
with the Schedule of Fees.
E. In instances where fees have been assessed, additional inspection of the work
will not be performed until the required fees have been paid.
§ 150.119 SPECIAL INSPECTIONS.
Special inspection shall be provided in accordance with Section 1704 of the
CBC. Additional special inspections may be required when deemed necessary by the
Building Official.
§ 150.120 CONTRACTORS RESPONSIBILITY.
Pursuant to the requirements of CBC section 1704, each contractor
responsible for the construction of a main wind-or seismic-force-resisting system,
designated seismic system or a wind - or seismic resisting component listed in the
Exhibit A to Ordinance No. 1396
Page 33 of 48
statement of special inspections shall submit a written statement of responsibility to
the Building Official and the owner prior to the commencement of work on the system
or component. The contractor's statement of responsibility shall contain
acknowledgement of awareness of the special requirements contained in the
statement of special inspection.
§ 150.121 STRUCTURAL OBSERVATION.
Structural observation shall be provided in accordance with Section 1704 of the
CBC. Additional structural observation may be required when deemed necessary by
the Building Official. Structural observation does not include or waive any inspection
required by this Code.
§ 150.122 CONNECTION TO UTILITIES.
A. Energy Connections. Persons shall not make connections from a source of
energy, fuel or power to building service equipment which is regulated by the
technical codes and for which a permit is required by this Chapter, until
approved by the Building Official.
B. Temporary Connections. The Building Official may authorize the temporary
connection of the building service equipment to the source of energy, fuel or
power for the purpose of testing building service equipment, or for use under a
temporary certificate of occupancy. This temporary connection will be allowed
for a specific purpose and for a specific period of time. The temporary
connection must be removed or detached when the permitted time period is
over.
Part 10. Certificate of Occupancy
§ 150.130 USE OR OCCUPANCY.
A. Buildings or structures shall not be used or occupied nor shall a change in the
existing occupancy classification of a building or structure or portion thereof be
made until the Building Official has issued a certificate of occupancy therefore
as provided herein.
B. Issuance of a certificate of occupancy shall not be construed as an approval of
a violation of the provisions of this Chapter or of other City ordinances.
C. Certificates presuming to give authority to violate or cancel the provisions of
this Chapter or of other City ordinances shall not be valid.
Exhibit A to Ordinance No. 1396
Page 34 of 48
§ 150.131 CHANGE IN USE.
Changes in the character or use of a building shall not be made except as
specified in the Building Code.
§ 150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY .
After the Building Official inspects the building or structure and finds no
violations of the provisions of this Chapter or other laws, the Building Official shall
issue a certificate of occupancy which shall contain the following:
A. The building permit number.
B. The address of the building.
C. The name and address of the owner.
D. A description of that portion of the building for which the certificate is
issued.
E. A statement that the described portion of the building has been
inspected for compliance with the requirements of this Chapter for the
group and division of occupancy and the use for which the proposed
occupancy is classified.
F. The name of the Building Official.
G. The edition of the code under which the permit was issued.
H. The use and occupancy, in accordance with the provisions of Chapter 3
of the CBC.
I. The type of construction as defined in Chapter 6 of the CBC.
J. The design occupant load.
K. If an automatic sprinkler system is provided, whether the sprinkler
system is required.
L. Any special stipulations and conditions of the building permit.
Exhibit A to Ordinance No. 1396
Page 35 of 48
§ 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY .
A. If the Building Official finds that substantial hazard will not result from
occupancy of a building or portion thereof before the same is completed, a
temporary certificate of occupancy for the use of a portion or portions of a
building or structure may be issued prior to the completion of the entire
building or structure.
B. Applicant shall pay required fees prior to issuance of temporary certificate of
occupancy.
C. The Building Official will develop policies and procedures to administer
issuance of a temporary certificate of occupancy.
§ 150.134 POSTING.
The certificate of occupancy shall be posted in a conspicuous place on the
premises and shall not be removed except by the Building Official.
§ 150.135 REVOCATION.
The Building Official may, in writing, suspend or revoke a certificate of
occupancy issued under the provisions of this Chapter when the certificate is issued
in error, or on the basis of incorrect information, or when it is determined that the
building or structure or portion thereof is in violation of an ordinance, regulation or the
provisions of this Chapter.
Part 11. Adoption and Amendment of the 2016 California Building Code
§ 150.140 ADOPTION.
A. The International Building Code, 2012 edition, including the appendices thereto,
together with those omissions, amendments, exceptions and additions thereto
as amended in Part 2 of Title 24 of the California Code of Regulations are
adopted and enacted, as the primary building code of the City of Baldwin Park
and made part of this Code by reference with the same force and effect as if
fully set forth herein and shall be known as the Baldwin Park Building Code.
B. The International Residential Code, 2012 edition, including the appendices
thereto, together with those omissions, amendments, exceptions and additions
thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations
are adopted and enacted, as the Residential Building Code of the City of
Baldwin Park and made part of this Code by reference with the same force and
effect as if fully set forth herein and shall be known as the Baldwin Park
Residential Building Code.
Exhibit A to Ordinance No. 1396
Page 36 of 48
C. The California Green Building Standards Code, 2016 edition, including the
appendices thereto, together with those omissions, amendments, exceptions
and additions thereto as amended in Part 11 of Title 24 of the California Code
of Regulations are adopted and enacted, as the Green Building Code of the
City of Baldwin Park and made part of this Code by reference with the same
force and effect as if fully set forth herein and shall be known as the Baldwin
Park Green Building Code.
The following portions of the California Green Building Standard Codes are amended
as follows:
Section 304.1 Purpose. Voluntary tires are intended to further encourage building
practices that improve public health, safety and general welfare by promoting the use
of building concepts which minimizes the building's impact on the environmental and
promote a more sustainable design.
Section 304.1.1 Tiers: The provisions of Division A4.6 Tier 1 for Residential are
adopted and enacted, as the mandatory tiers. The verification of requirement of these
provisions shall be made by the jurisdiction.
Exhibit A to Ordinance No. 1396
Page 37 of 48
Additional requirement for residential:
Every new single family home shall install a prewired 40 AMP circuit dedicated for
future Electric car charging device.
Every multifamily dwelling apartment building shall install a sufficient number of Level
Ill charging stations for eclectic cars. The number of charging devices shall be 5
percent of total required parking spaces, but not less than one The charging stations
shall be designated for charging only.
Section 304.4.1.2 Tiers: The provisions of Divisions A5.6 Tier 1 for non-residential
are adopted and enacted, as the mandatory tiers. The verification of requirements of
these provisions shall be made by the jurisdiction.
Exhibit A to Ordinance No. 1396
Page 38 of 48
Additional requirement for non-residential
Every new non-residential project shall install a sufficient number level III electric car
charging stations as determine during planning stage. The number of charging
stations shall be equal to 5 percent of required parking spaces, but not less than one.
Charging stations shall be designated for charging only. This requirement is in addition
to parking requirement for low emission vehicles.
D. One copy of the adopted codes has been filed for use and examination of the
public in the Office of the City Clerk of the City of Baldwin Park.
§ 150.142 LOCAL AMENDMENTS.
The following provisions shall constitute local amendments to the cross-
referenced provisions of the CBC and shall be deemed to replace the cross-referenced
section of the CBC with the respective provisions set forth in this Chapter.
(A) Section 1505, Fire Classification, is hereby amended as follows:
Sections 1505.1, 1505.1.3 and Table 1505.1 are deleted:
Sections 1505.1 through 1505.3 are amended to read as follows: The entire roof
covering of every existing structure where more than 25% of the total roof area is
replaced within any one year period; the entire roof covering of every new structure
and any roof covering applied in any alteration, repair or replacement of the roof of
every existing structure shall be a fire retardant roof covering that is at least Class B
fire rating. No wood shakes or wood shingles, treated or untreated shall be
permitted.
EXCEPTION: Repairs and additions to existing wood roofs, under twenty-five (25%)
percent of the total existing roof area, shall be allowed to match the existing wood
roof if the new materials are fire retardant and meet the specifications of a Class B
roof. Only one such repair shall be allowed within a 12-month period.
(B) Section 1510, Re-roofing, is hereby amended as to read as follows:
SECTION 1510.1 GENERAL. All re-roofing shall conform to the
applicable provisions of Chapter 15 of the CBC and as otherwise required in this
section. Repairs to existing roofs shall be limited to 25% of the total roof area within
any one-year period. Repairs exceeding 25% of the total roof area shall be
considered complete re-roofs and subject to the provisions of this Code.
Exhibit A to Ordinance No. 1396
Page 39 of 48
All re-roofing work which requires complete removal of existing roof coverings shall
be considered as new work, and shall be reviewed and inspected under Chapter 15
of this Code. Sheathing placed on top of existing spaced sheathing to create a flat
surface shall be installed per the roofing manufacturer's specifications and
applicable ICC reports.
Sheathing placed directly over roof rafters shall meet span and index ratings in
accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one
half inch in thickness and its edges shall bear on a roof rafter or similar support.
Sheathing shall be fastened with minimum 8d common nails spaced 6 inches on
center on the edge and 12 inches on center in the field. Lightweight roofs not
exceeding 6 pounds per square foot, which are replaced with heavier roofs, shall
comply with the provision of Chapter 16 of the CBC and subject to plan check.
Sheathing over existing space sheathing shall be a minimum of 3/8" in thickness.
SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED
Not more than one overlay of composition shingles shall be allowed.
(C) Section 1613.6, Suspended Ceilings is hereby added to the Code to read as
follows:
Minimum design and installation standards for suspended ceilings shall be
determined in accordance with the requirements of CBC Section 2506.2.1 of this
Code and this subsection.
1613.6.1 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.
1613.6.2 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.
1613.6.3 Design and Installation Requirements.
1613.6.3.1 Bracing at Discontinuity. Positive bracing to the structure shall
be provided at changes in the ceiling plane elevation or at discontinuities in
the ceiling grid system.
1613.6.3.2 Support for Appendages. Cable trays, electrical conduits and
piping shall be independently supported and independently braced from the
structure.
1613.6.3.3 Sprinkler Heads. All sprinkler heads (drops) except fire-
resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to
Exhibit A to Ordinance No. 1396
Page 40 of 48
allow for free movement of the sprinkler pipes with oversize rings, sleeves or
adaptors through the ceiling tile, in accordance with Section 13.5.6.2.2 (e) of
ASCE 7 .
Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling
assemblies shall comply with Section 714 of this Code.
1613.6.3.4 Perimeter Members. A minimum wall angle size of at least a two
inch (51 mm) horizontal leg shall be used at perimeter walls and interior full
height partitions. The first ceiling tile shall maintain 3/4 inch (19 mm) clear
from the finish wall surface. An equivalent alternative detail that will provide
sufficient movement due to anticipated lateral building displacement may be
used in lieu of the long leg angle subject to the approval of the
Superintendent of Building.
1613.6.4 Special Requirements for Means of Egress. Suspended ceiling
assemblies located along means of egress serving an occupant load of 30 or
more shall comply with the following provisions.
1613.6.4.1 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 lobby's
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.
1613.6.4.2 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.
1613.6.4.3 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 1006.3 of this
Code.
1613.6.4.4 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.
(D) Section 1615, Seismic Design Requirements, is hereby added to the Code to
read as follows:
SECTION 1615 SEISMIC DESIGN REQUIREMENTS
1615.1 General. The text of ASCE 7 is hereby amended to read as follows:
Exhibit A to Ordinance No. 1396
Page 41 of 48
1615.1.6 ASCE 7, 12.11.2.2.3.
12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties
shall be in addition to the diaphragm sheathing. Anchorage shall not be
accomplished by use of toe nails 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 as providing ties or
struts required by this section.
For wood diaphragms supporting concrete or masonry walls, wood
diaphragms 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 sub-diaphragms to transmit the
anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the sub-
diaphragm shall not exceed 75% of the maximum diaphragm shear.
1615.1.8 ASCE 7, 12.12.4.
12.12.4 Deformation Compatibility for Seismic Design Category D
through F. For structures assigned to Seismic Design Category D, E, or F,
every structural component not included in the seismic force-resisting system
in the direction under consideration shall be designed to be adequate for the
gravity load effects and the seismic forces resulting from displacement to the
design story drift (o) as determined in accordance with Section 12.8.6 (see
also Section 12.12.1).
Exception: Reinforced concrete frame members not designed as part of the
seismic force-resisting system shall comply with Section 21.9 of ACI 318.
Where determining the moments and shears induced in components that are
not included in the seismic force-resisting system in the direction under
consideration, the stiffening effects of adjoining rigid structural and
nonstructural elements shall be considered and a rational value of member
and restraint stiffness shall be used.
When designing the diaphragm to comply with the requirements stated
above, the return walls and fins/canopies at entrances shall be considered.
Seismic compatibility with the diaphragm shall be provided by either
seismically isolating the element or by attaching the element and integrating
its load into the diaphragm.
Exhibit A to Ordinance No. 1396
Page 42 of 48
SECTION 1808.6.1 FOUNDATIONS.
When buildings are located on expansive soil having an expansion index greater
than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non-erosive
devices shall be provided to collect and convey rainwater to a street, storm drain, or
other approved watercourses or disposal area.
Foundations in expansive soil shall be designed to comply with the following Table:
Number of Floors Thickness of Width of Thickness Depth of
Supported by Foundation Wall Footing of Footing Footing
Foundation (Inches) (Inches) (Inches) (Inches)
Concrete Masonry
1 6 6 12 6 24
Exception: for residential monolithically places concrete foundation
located in non-hillside terrain, two #4 reinforcing bars shall be placed
within 3 inches of the of footing and two reinforcing bars shall be
placed 3 to 5 inches from the bottom of the footing. Concrete floor
reinforcement shall consist of number 3 reinforcement bars at 24
inches on center each way. Number 3 bars shall be embedded into
footing a depth of 18 inches.
Minimum slab reinforcement for any building shall be #3 bars at 18-in on center
each way.
(H) SECTION 3109.2 DEFINITION- The following definition is hereby added to
this section of the code.
BARRIER HEIGHT. The distance measured from finish grade to the top of the
barrier. The face of the barrier used shall be the face that is outside the pool or spa
area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer
surface of the barrier along the entire length.
(I) Section 3109.4.1 is amended to read as follows:
SECTION 3109.4.1
BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60
inches above grade measured on the side of the barrier that faces away from the
swimming pool. The maximum vertical clearances between grade and the bottom of
the barrier shall be 2 inches measured on the side of the barrier that faces away
from the swimming pool. Where the top of the pool structure is above grade, the
barrier is authorized to be at ground level or mounted on the top of the pool
structure, and the maximum vertical clearance between the top of the pool structure
and the bottom of the barrier shall be 4 inches.
Exhibit A to Ordinance No. 1396
Page 43 of 48
EXCEPTION: Upon showing of good cause and in individual cases, the Building
Official may allow modifications to the barrier requirements.
(J) Section 3109.4.1.4 is amended to read as follows:
3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a
design configuration that provides a ladder-like effect. When the barrier has
horizontal members spaced less than 45 inches apart, such member shall be placed
on the poolside of the barrier. Any decorative design work attached to the outer side
of the barrier that forms a ladder like design work effect is prohibited.
§ 150.143 SAFETY ASSESSMENT PLACARDS.
This following section is hereby added to the Code:
SAFETY ASSESSMENT PLACARDS
A. Intent. This section establishes standard placards to be used to indicate the
condition of a structure for continued occupancy. The section further
authorizes the Building Official and his or her authorized representatives to
post the appropriate placard at each entry point to a building or structure
upon completion of a safety assessment.
B. Application of Provisions. The provisions of this chapter are applicable to
all buildings and structures of all occupancies regulated by the City of Baldwin
Park. The City Council may extend the provisions as necessary.
C. Definitions
Safety assessment is a visual, non-destructive examination of a building or
structure for purpose of determining the condition for continued occupancy.
D. Placards
1. The following are verbal descriptions of the official placards to be used
to designate the condition for continued occupancy of buildings or
structures.
(a) INSPECTED — Lawful Occupancy Permitted is to be posted
on any building or structure wherein no apparent structural hazard has
been found. This placard is not intended to mean that there is no
damage to the building or structure.
(b) RESTRICTED USE is to be posted on each building or structure
that has been damaged wherein the damage has resulted in some
form of restriction to the continued occupancy. The individual who
posts this placard will note in general terms the type of damage
Exhibit A to Ordinance No. 1396
Page 44 of 48
encountered and will clearly and concisely note the restrictions on
continued occupancy.
(c) UNSAFE — Do Not Enter or Occupy is to be posted on each
building or structure that has been damaged such that continued
occupancy poses a threat to life safety. Buildings or structures posted
with this placard shall not be entered under any circumstance except
as authorized in writing by the Building Official, or his or her authorized
representative. Safety assessment teams shall be authorized to enter
these buildings at any time. This placard is not to be used or
considered as a demolition order. The individual who posts this
placard will note in general terms the type of damage encountered.
2. This Municipal Code section number, the name of the City, its address, and
phone number shall be permanently affixed to each placard.
3. Once it has been attached to a building or structure, a placard is not to be
removed, altered or covered until done so by an authorized representative of
the Building Official. It shall be unlawful for any person, firm or corporation to
alter, remove, cover or deface a placard unless authorized pursuant to this
section.
150.144 APPENDIX J GRADING.
A. Appendix J, Grading, Section J 103 is amended to read as follows:
BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the
Director of Public Works (except grading around building foundation and swimming
pool.).
B. APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section is
amended by the addition of the following:
EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing
slope stability shall be submitted for plan review when an excavation or construction of
a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1
or steeper slope.
Part 12. ADOPTION AND AMENDMENTS OF THE
CALIFORNIA ELECTRICAL CODE
150.150 ADOPTION.
A. The National Electrical Code (NEC), 2011 Edition, promulgated by the
National Fire Protection Association, 1 Batterymarch Park, (P.O. Box 9146),
Quincy, MA 02269-9959, together with the 2016 California Amendments
adopted by the California Building Standards Commission as Title 24, Part 3
Exhibit A to Ordinance No. 1396
Page 45 of 48
of the California Code of Regulations, is hereby adopted and enacted as the
primary electrical code of the City of Baldwin Park and made part of this Code
by reference with the same force and effect as if fully set forth herein subject
to the following amendments and shall be known as the Baldwin Park
Electrical Code.
B. One copy of the Codes adopted by reference has been filed for use and
examination of the public in the Office of the City Clerk of the City of Baldwin
Park.
§ 150.151 SPECIAL EVENTS.
A permit shall be required for the installation of portable wiring for equipment
for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots
and similar functions including wiring in, or on, all structures.
§150.153 TEMPORARY WIRING.
For the purpose of this section temporary wiring shall be defined as
temporary electrical power and lighting installations permitted during the period of
construction, remodeling, maintenance, repair, or demolition of buildings, structures,
equipment, or similar activities. Temporary wiring shall be removed immediately
upon completion of construction or purpose for which the wiring was installed. The
main service of a building or space shall not be energized to provide temporary
lighting during construction.
§150.154 CONDITIONAL ELECTRICAL SERVICE CONNECTION.
A Conditional Electrical Service Connection may be authorized by the
Building Official when in the opinion of the Building Official the need for such
connection exists and such connection cannot be achieved following the standard
adopted policy or process. Conditional electrical service may be terminated at the
completion of a specific purpose for which the electrical connection was granted or
at the discretion of the Building Official.
Part 13. Adoption of the California Mechanical Code
§ 150.160 ADOPTION.
A. The Uniform Mechanical Code, 2012 Edition, promulgated by the
International Association of Plumbing and Mechanical Officials, 5001 East
Philadelphia Street, Ontario, CA, 91761-2816, together with the 2016
California Amendments adopted by the California Building Standards
Commission as Title 24, Part 4 of the California Code of Regulations, is
hereby adopted and enacted as the primary Mechanical Code of the City of
Baldwin Park, and made part of this Code by reference with the same force
Exhibit A to Ordinance No. 1396
Page 46 of 48
and effect as if fully set forth herein and shall be known as the Baldwin Park
Mechanical Code.
B. One copy of each of the Codes adopted by reference has been filed for use
and examination of the public in the Office of the City Clerk of the City of
Baldwin Park.
Part 14. Adoption of the California Plumbing Code
150.170 ADOPTION.
A. The Uniform Plumbing Code, 2012 Edition promulgated by the International
Association of Plumbing & Mechanical Officials, 5001 East Philadelphia
Street, Ontario, CA, 91761-2816, together with the 2016 California
Amendments adopted by the California Building Standards Commission as
Title 24, Part 5 of the California Code of Regulations, is hereby adopted and
enacted as the Primary Plumbing Code of the City of Baldwin Park, and made
part of this Code by reference with the same force and effect as if fully set
forth herein and shall be known as the Baldwin Park Plumbing Code.
B. One copy of each of the Codes adopted by reference has been filed for use
and examination of the public in the Office of the City Clerk of the City of
Baldwin Park.
Part 15. Adoption of the California Energy Code
§ 150.180 ADOPTION.
A. "Building Energy Efficiency Standards-Standards for Residential and
Nonresidential Buildings" which incorporates Title 24, Part 6 of the California
Code of Regulations as published by the California Energy Commission and
the California Building Standards Commission, and is hereby adopted and
enacted as the primary Energy Code of the City of Baldwin Park, and made
part of this Code by reference with the same force and effect as if fully set
forth herein and shall be known as the 2016 California Energy Code.
B. One copy of the 2016 California Energy Code has been filed for use and
examination of the public in the Office of the City Clerk of the City of Baldwin
Park.
Part 16. Adoption of the California Elevator Safety Construction Code
§ 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA
ELEVATOR SAFETY CONSTRUCTION CODE.
A. The California Elevator Safety Construction Code, as adopted by the California
Building Standards Commission as Title 24, Part 7 of the California Code of
Exhibit A to Ordinance No. 1396
Page 47 of 48
Regulations, is hereby adopted and enacted as the Primary Elevator Safety
Construction Code of the City of Baldwin Park and made part of this Code by
reference with the same force and effect as if fully set forth herein and shall
be known as the 2016 California Elevator Safety Construction Code.
B. One copy of the 2016 California Elevator Safety Construction Code has been
filed for use and examination of the public in the Office of the City Clerk of the
City of Baldwin Park.
Part 17. Adoption of the California Historical Building Code
§ 150.200 ADOPTION.
A. The California Historical Building Code, as adopted by the California Building
Standards Commission as Title 24, Part 8 of the California Code of
Regulations, is hereby adopted and enacted as the primary Historic Building
Code of the City of Baldwin Park, and made part of this Code by reference
with the same force and effect as if fully set forth herein and shall be known
as the 2016 California Historic Building Code.
B. One copy of the 2016 California Historical Building Code has been filed for use
and examination of the public in the Office of the City Clerk of the City of
Baldwin Park.
Part 18. Adoption and Amendment of the California Existing Building Code
§ 150.210 ADOPTION.
A. The International Existing Building Code, 2012 edition, including the
appendices thereto, together with those omissions, amendments, exceptions
and additions thereto as amended in Title 24, Part 10 of the California Code of
Regulations, is hereby adopted and enacted as the primary Existing Building
Code of the City of Baldwin Park, and made part of this Code by reference with
the same force and effect as if fully set forth herein and shall be known as the
2016 California Existing Building Code.
B. One copy of the 2016 California Existing Building Code has been filed for use
and examination of the public in the Office of the City Clerk of the City of
Baldwin Park.
Part 19. Adoption of the California References Standards Code
§ 150.220 ADOPTION.
A. The California Referenced Standards Code, as adopted by the California
Building Standards Commission as Title 24, Part 12 of the California Code of
Exhibit A to Ordinance No. 1396
Page 48 of 48
Regulations, is hereby adopted and enacted as the primary Referenced
Standards Code of the City of Baldwin Park, and made part of this Code by
reference with the same force and effect as if fully set forth herein and shall
be known as the 2016 California Referenced Standards Code.
B. One copy of the 2016 California Referenced Standards Code has been filed for
use and examination of the public in the Office of the City Clerk of the City of
Baldwin Park.