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HomeMy WebLinkAbout ORD 1441 ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE , 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE 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: Ordinance No. 1441 Page 3 of 3 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. 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. These amendments are required to safeguards human lives and ensure the structural integrity buildings and structures in event of a major seismic event. 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. 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. Ordinance No. 1441 Page 1 of 54 GENERAL PROVISIONS 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. § 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§§ 50022.1 thru 50022.10, inclusive, of the Cal. Gov't Code relating to adoption of codes by reference. § 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED. (A) 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. (B) 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 violation of this chapter or in violation of any of the provisions of the codes adopted hereunder. Ordinance No. 1441 Page 1 of 54 (C) Exception. Public projects located in the public way and not subject to the city 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 AND SAFETY. There is hereby contained with the city government structure the Division of Building and 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, procedures, rules and regulations shall be in conformance with the intent and purpose of this chapter. Ordinance No. 1441 Page 1 of 54 (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 any building or upon a premises a condition which is contrary 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 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 Ordinance No. 1441 Page 1 of 54 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 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 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 Ordinance No. 1441 Page 1 of 54 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, 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 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. Ordinance No. 1441 Page 1 of 54 (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. (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. Ordinance No. 1441 Page 1 of 54 (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 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. Ordinance No. 1441 Page 1 of 54 § 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 effec t the validity of the remaining portions of this code or the application of such provision to other persons or circumstances. (Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17) 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. 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. APPROVED AGENCY. 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. The Baldwin Park Building Code. 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, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC. The California Building Code as adopted by the State of California. CODE or THIS CODE. Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. Ordinance No. 1441 Page 1 of 54 CONDOMINIUMS. 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. The Baldwin Park Electrical Code. EXISTING BUILDING. A building legally erected prior to effective date of this chapter. FIRE CODE. The Los Angeles County Fire Code (LACFC) which adopts the California Fire Code, 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. 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 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. Baldwin Park Mechanical Code. OCCUPANCY The purpose for which a building, or part thereof, is used or intended to be used. PERMIT. 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. The Baldwin Park Plumbing Code. REPAIR. The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. SHALL. As used in this code is mandatory. STRUCTURE. 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. 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. Ordinance No. 1441 Page 1 of 54 TOWNHOUSE. A single family dwelling in a row of at least three 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. 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. (A) 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. (B) 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 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. (C) Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75% 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 Ordinance No. 1441 Page 1 of 54 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. (A) 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 adopted by reference herein, or the state housing law shall be liable for, and obligated to pay to the city 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. (B) 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 Ordinance No. 1441 Page 1 of 54 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 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 § 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 every day 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 Ordinance No. 1441 Page 1 of 54 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,ALTERATIONS 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. (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,ALTERATIONS OR REPAIRS: HEIGHT, NUMBER OF STORIES AND AREA. (A) A building altered pursuant to a repair or alteration permit, which involves a 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,ALTERATIONS OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS. (A) 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. (B) 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; Ordinance No. 1441 Page 1 of 54 (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 (5) An unsafe condition is not created. § 150.046 ADDITIONS,ALTERATIONS 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. § 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. Ordinance No. 1441 Page 1 of 54 (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 division. § 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. § 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 § 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. Ordinance No. 1441 Page 1 of 54 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. § 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(2,134 mm) high. (3) Oil derricks. (4) Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high. (5) Retaining walls which are not over four feet (1,219 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 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one. (7) Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. Ordinance No. 1441 Page 1 of 54 (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 54 inches (1,372 mm) and do not require additional support. (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 5,000 gallons (18,925 liters), and less than 24 inches (610 mm) deep. (14) Replacement, repair or overlay of less than 10% of an existing roof within any 12 month period. (15) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 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: (A) 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. (B) 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. Ordinance No. 1441 Page 1 of 54 § 150.064 MECHANICAL PERMIT EXEMPTIONS. A mechanical permit shall not be required for the following: (A) A portable heating appliance; (B) Portable ventilating equipment; (C) A portable cooling unit; (D) A portable evaporative cooler; (E) A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code; (F) 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; (G) Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes; and (H) 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: (A) 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. (B) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. (C) Temporary decorative lighting. (D) Repair or replacement of current-carrying parts of any switch, conductor or control device. (E) Reinstallation of attachment plug receptacles, but not the outlets therefore. (F) Replacement of any over current device of the required capacity in the same location, except service equipment. Ordinance No. 1441 Page 1 of 54 (G) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. (H) Taping joints. (I) Removal of electrical wiring. (J) Temporary wiring for experimental purposes in suitable experimental laboratories. (K) The wiring for temporary theater, motion picture or television stage sets. (L) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy, except in hazardous (classified) locations. (M) Low-energy power, control and signal circuits of Class II and Class III as defined in the electrical code. (N) 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. Ordinance No. 1441 Page 1 of 54 (4) Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC § 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. § 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. § 150.073 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 Ordinance No. 1441 Page 1 of 54 when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. § 150.074 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. (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. § 150.075 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. § 150.076 INSPECTION AND OBSERVATION PROGRAM. Ordinance No. 1441 Page 1 of 54 (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. § 150.077 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; (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed; (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 Ordinance No. 1441 Page 1 of 54 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. (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. § 150.081 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. § 150.082 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 180 days from the date of completion of the work covered therein or as required by the state or local laws. Ordinance No. 1441 Page 1 of 54 (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. § 150.083 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. § 150.084 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 when any of the following circumstances is applicable: (1) Failure to start construction. If the building or work authorized by such permit is not commenced within 180 days from the date of such permit is issued; (2) Cessation of work. 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 or more; Time to complete. In addition to divisions (1) and (2) above, everypermit issued (3) p under the provisions of this chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation: Valuation Time Allowed Under $300,000 12 months $300,001 to $1,000,000 24 months $1,000,001 to § 20,000,000 36 months Over$20,000,000 48 months Ordinance No. 1441 Page 1 of 54 (B) Before work terminated pursuant to division(A) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (C) 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 year. (D) 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. § 150.085 PERMIT TIME EXTENSIONS. (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 180 days from the date of such permit, 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, or if the project is not completed within the stated periods in § 150.084. (B) All permits shall expire by limitation of time and become null and void unless a written request for an extension of time has been submitted to the Building Official prior to permit expiration. The written request must demonstrate that: (1) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; (2) If construction has started, substantial progress has been made; (3) The condition of the property presents no health or safety hazard; and (4) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (C) The time periods set forth to start construction within 180 days or resume construction after cessation of work for 180 days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times. Each extension of time shall not exceed 180 days. (D) The decision of the Building Official may be appealed to the Director of Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Official. The decision of the Director of Community Development shall be final. Ordinance No. 1441 Page 1 of 54 (E) Before work terminated pursuant to division(B) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (F) 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 year. (G) 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 RENEWALS. An expired building permit may be renewed provided it has not been expired for more than one 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. § 150.087 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. § 150.088 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: (A) Precipitous cliffs or other adjacent vertical landmasses of unknown stability. (B) Unstable soils or geologic conditions. (C) Terrain, which is subject to flooding or severe soil erosion. Ordinance No. 1441 Page 1 of 54 (D) 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 initialplan review fee for submittal of a model plan as defined herein shall be the fullplan review fee as specified above. Theplan review fee for subsequent submittal of a p q 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. Ordinance No. 1441 Page 1 of 54 § 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. (C) 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 80% 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 shall be deducted from the refund amount. Permit fee under$100 is non- refundable. (C) The Building Official may authorize the refunding of not more than 80% 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 shall be deducted from the refund amount. Plan review fee under$200 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 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. Ordinance No. 1441 Page 1 of 54 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. Ordinance No. 1441 Page 1 of 54 (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. (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, Ordinance No. 1441 Page 1 of 54 additional inspections may be required by the Building Official. Building pad grade certification and compaction report is required 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 wall board 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, § 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, § 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 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 portion of the building in the event a request for Ordinance No. 1441 Page 1 of 54 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 RE-INSPECTIONS. (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 callingfor inspections before the job is readyfor such inspection or re-inspection. P P p (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 deviatingfrom plans p q 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 § 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. § 150.120 CONTRACTOR'S RESPONSIBILITY. Pursuant to the requirements of CBC § 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 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 Ordinance No. 1441 Page 1 of 54 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 California Building Code. 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. § 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. § 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. Ordinance No. 1441 Page 1 of 54 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. § 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. Ordinance No. 1441 Page 1 of 54 § 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 CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE § 150.140 ADOPTION. (A) The 2019 California Building Code, 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 2019 California Residential Code, including the appendices I and K 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. (C) The 2019 California Green Building Standards Code, 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. (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. Ordinance No. 1441 Page 1 of 54 § 150.141 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross-referenced provisions of the California Building Code (CBC), California Residential Code (CRC), and California Green Building Standards Code (CGBSC) and shall be deemed to replace the cross-referenced section of the respective code with the respective provisions set forth in this Chapter. (A) CBC Section 1505, Fire Classification, is hereby amended as follows: § 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) CBC 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. 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 six inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding six 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 inches in thickness. SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED Ordinance No. 1441 Page 1 of 54 Not more than one overlay of composition shingles shall be allowed. (C) CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section 808.1.1.3 to read as follows: Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be provided by four No. 12 gauge wires secured to the main runner within 2" of the cross runner intersection and splayed 90° from each other at an angle not exceeding 45° from the plane of the ceiling. A strut(adequate to resist the vertical component from lateral loads) fastened to the main runner shall be extended to and fastened to the structural members of the roof or floor above. These horizontal restraint points shall be placed at no more than 12'-0" on center in both directions with the first point within 6'-0" of an adjacent wall. Attachment of restraint wires to the structure above shall be adequate for the load imposed. Alternate design in accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted. (D) CBC Section 1809.4, Depth and Width of Footings, is hereby amended to add Section 1809.4.1 to read as follows: Section 1809.4.1 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTMD 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. (E) CBC SECTION 3109.1 is hereby amended to add Section 3109.1.1 and 3109.1.2 to read as follows: Ordinance No. 1441 Page 1 of 54 Section 3109.1.1 DEFINITION. 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. 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. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. 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. CBC SECTION 3109.1.2 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. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. (F) CRC Section R105.2 is hereby amended to add Section R105.2.1 to read as follows: Section R105.2.1. Accessory Storage Sheds on Residential Properties. Notwithstanding any other provisions of this section, storage sheds exempt from permits by this chapter shall be separated from each other and other structures by six (6) feet. The separation distance shall be Ordinance No. 1441 Page 1 of 54 measured from exterior finish of the buildings. Eaves and overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall not exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished grade. (G) CRC Section R403.1.4., General, is hereby amended to add Section R403.1.4.1 to read as follows: Section R403.1.4.4 Foundations in Expansive Soil. 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. § 150.142 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. Ordinance No. 1441 Page 1 of 54 (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 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. § 150.143 APPENDIX J: GRADING. A CBC Appendix J, Grading, Section J102 is amended to add the followingdefinition to read ( ) ppg, 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). Ordinance No. 1441 Page 1 of 54 (B) CBC Appendix J, Grading, Section J106 EXCAVATIONS is amended to add Section J106.2: Section J106.2 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 2019 California Electrical Code, Part 3 of Title 24 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. § 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. § 150.152 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. § 150.153 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 Ordinance No. 1441 Page 1 of 54 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 2019 California Mechanical Code, Part 4 of Title 24 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 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 2019 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, are adopted and enacted, as the 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) The 2019 California Energy Code, Part 6 of Title 24 of the California Code of Regulations and the Building Energy Efficiency Standards For Residential and Nonresidential Buildings, are adopted and enacted, as the Energy 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 Energy Code. (B) One copy of the 2019 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. Ordinance No. 1441 Page 1 of 54 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 Regulations, is hereby adopted and enacted as the primary elevator safety construction code of the city 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 2019 California Elevator Safety Construction Code. (B) One copy of the 2019 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. Part 17. ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE § 150.200 ADOPTION. (A) The 2019 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Historical 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 Historical Building Code. (B) One copy of the 2019 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 2019 California Existing Building Code, Part 10 of Title 24 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 Baldwin Park Existing Building Code. (B) One copy of the 2019 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 REFERENCED STANDARDS CODE Ordinance No. 1441 Page 1 of 54 § 150.220 ADOPTION. (A) The 2019 California Referenced Standards Code, Part 10 of Title 24 of the California Code of 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 Baldwin Park Referenced Standards Code. (B) One copy of the 2019 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. Part 20. ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELES COUNTY FIRE CODE AMENDMENTS § 150.225 ADOPTION (A) The 2020 Los Angeles County Fire Code and the 2019 California Fire Code,Part 9 of Title 24 of the California Code of Regulations, are hereby adopted and enacted as the primary Fire 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 Fire Code. (B) One copy of the 2019 California Fire Code, Part 9 of Title 24 of the California Code of Regulations and 2020 Los Angeles County Fire Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. HOUSE MOVING § 150.230 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. Any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. DIRECTOR. The Director of Public Works or his authorized representative. HOUSE MOVING PERMIT. A permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the city. PERMIT. A permit issued pursuant to the provisions of this chapter allowing a person to have a building or structure in and along any public or private street in the city. Ordinance No. 1441 Page 1 of 54 RELOCATE or RELOCATION. The temporary or permanent relocation of any building or structure upon any property located within the city. STRUCTURE. Anything constructed or erected requiring a fixed location on the ground or is attached to some object having a fixed location on the ground. § 150.231 PERMITS. (A) Required. No person shall move any building or structure in or along any public or private street within the city, without first obtaining a permit in the manner set forth in this subchapter. (B) Application; information required. To obtain a permit, the applicant shall first file an appli- cation therefor in writing on a form furnished for that purpose by the Director. Every such application shall contain the following information: (1) The present location of the building or structure to be moved. (2) The address and legal description of the land to which the building or structure is to be moved. • (C) Filing fee. Prior to or at the time of filing an application for a permit, the filing and processing fee as prescribed by City Council resolution shall be paid by the applicant to cover the reasonable cost of investigations and other services required by the city pursuant to this chapter. § 150.232 INVESTIGATION OF APPLICATION. The Director, upon receipt of application for a permit shall make all necessary investigations to determine whether the building or structure may be moved safely in and along the proposed route. The application shall also be examined and reviewed by other departments of the city to ensure that the proposed route is safe. § 150.233 APPEAL TO COUNCIL. Any person dissatisfied with the determination of the Director with reference to a permit shall have the right of appeal to the City Council, taken in the time and manner set forth in § 30.04 of this code. § 150.234 EXCEPTION. s Ordinance No. 1441 Page 1 of 54 A permit shall not be required pursuant to this subchapter for the transportation into or the use within the city, of any temporary building and/or structure if such transport and use is expressly permitted or required by other applicable laws or regulations, such as for construction offices, portable sanitation facilities, bleacher seats, construction barricades and the like and for use, and if used only in connection with a construction project or other temporary activity which can lawfully be conducted within the city. § 150.235 INSURANCE REQUIRED. The person named in the application as the person who will move the building or structure to be moved shall furnish evidence of public liability and property damage insurance in an amount to be approved by the Director. The city shall be named as co-insured in this policy. § 150.236 CONDITIONS OF APPROVAL. Upon such an application being made and the fee being paid, the Director shall issue a permit if he finds that compliance with this chapter shall be had, and that the route is feasible and will not pose a threat to vehicular and/or pedestrian traffic. The Director may, where circumstances warrant, condition permit approval, so as to ensure compliance with the pro- visions of this subchapter, including, but not limited to, a good and sufficient surety or a cash deposit in an amount to be determined by the Director to protect the city against damage to public property. The permit shall describe the streets along and over which the building shall be moved and the days and hours for such moving. § 150.237 BUILDING RELOCATION. (A) Prohibition. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location without the city's boundaries to a location within the city's boundaries. (B) Structures which may be relocated. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location within the city's boundaries to any other location within the city's boundaries unless all of the following requirements are met. (1) The structure is a detached single family residential structure (which may include its associated accessory structures); (2) The structure is currently existing and located within the city. (3) The structural integrity of the structure has not been compromised and has been certified by a City Inspector. Ordinance No. 1441 Page 1 of 54 (4) The applicant has demonstrated that there exists an involuntary and external hardship that necessitates the move of the structure. Economic hardship and financial speculation do not constitute hardship for this purpose. (5) The applicant has demonstrated there is an imminent threat of demolition of the structure. (6) The relocation of the structure will not cause a non-conforming situation. (7) The relocation of the structure will not require any deviations from applicable development standards. (C) Process for approval. A structure proposed for relocation shall be treated as a new structure and all approvals required for new construction shall first be obtained and all applicable fees paid before a house moving permit may be issued. (D) Fees. Fees to obtain approval to relocate a building within the city shall be as established by resolution of the City Council. § 150.238 EXCEPTION. The provisions of this subchapter shall not apply to new modular or prefabricated buildings or structures. VACANT AND ABANDONED PROPERTY REGISTRATION § 150.250 PURPOSE; SCOPE. It is the purpose and intent of the City Council, through the adoption of this subchapter, to establish an abandoned or vacant property registration program as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties. § 150.251 DEFINITIONS. For the purposes of this subchapter, certain words and phrases used in this subchapter are defined as follows: ABANDONED. A property that is: (1) Vacant; Ordinance No. 1441 Page 1 of 54 (2) Under a current notice of default; (3) Pending a tax assessor's lien sale; (4) Under a notice of trustee's sale; (5) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (6) Has been transferred under a deed in lieu of foreclosure. ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached window, gate, fence, wall, etc. ACCESSIBLE STRUCTURE. A structure/building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. AGREEMENT. Any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another. BENEFICIARY. A lender or holder of a note secured by a deed of trust. BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this subchapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, they both must provide such information. BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this section. DAYS. Consecutive calendar days. DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Ordinance No. 1441 Page 1 of 54 DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc. DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional. DISTRESSED. A property that is under a current notice of default or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or disconnected utilities, accumulation of trash,junk or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent with residential habitation, or statements by neighbors, passersby, delivery agents, government employees the property is vacant. FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor(borrower) defaults. LOCAL. Within 40-road/driving miles distance of the subject property. NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority. NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. OUT OF AREA. In excess of 40-road/driving miles distance of the subject property. OWNER. Any person, co-partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property. OWNER OF RECORD. The person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorder's Office. PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. Ordinance No. 1441 Page 1 of 54 RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use. RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property. SECURING. Such measures as may be directed by the Planning Manager or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. TRUSTEE. The person, firm or corporation holding a deed of trust on a property. TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. VACANT. A building/structure that is not legally occupied. ( § 150.252 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF RENTS. Within ten days after the purchase or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Los Angeles County Recorder's Office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust. § 150.253 REGISTRATION. Any beneficiary/trustee who holds a deed of trust secured by a property located within the city which is abandoned shall, within ten days, register the property with the Planning Manager, or his/her designee, on forms provided by the city. (A) If the property is occupied but remains in default, then it shall be inspected by the beneficiary/trustee, or an agent/designee of the Ordinance No. 1441 Page 1 of 54 beneficiary/trustee and shall be deemed abandoned, and the beneficiary/trustee shall, within ten days register the property with the Planning Manager, or his/her designee, on forms provided by the city. (B) The beneficiary/trustee shall also register any property which becomes vacant after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant after being transferred under a deed in lieu of foreclosure/sale. (C) Such registration shall contain the following information for both the beneficiary and the trustee: name (corporation or individual); the street/office address (not a P.O. box) and if different, the mailing address; a direct contact name and phone number for the person handling the deed of trust and/or foreclosure; and, in the case of a corporation or out-of-area beneficiary or trustee, the local property manager responsible for the security, marketing and maintenance of the property. (D) The annual registration fee established by City Council resolution, shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. (E) Persons required to register properties pursuant to this subchapter shall keep such properties registered and all required information updated, comply with the annual registration requirement and all of the security and maintenance requirements of this subchapter for the entire time such properties remain vacant. When such properties become occupied or title is transferred, the beneficiary/trustee or prior responsible person shall notify the Planning Manager, or her or his designee in writing. (F) Any person, firm or corporation required to register a property pursuant to this subchapter must report any change of information contained in the registration within ten days after the change. § 150.254 INSPECTION AND REGISTRATION OF PREVIOUSLY ABANDONED PROPERTIES. Any beneficiary/trustee who holds a deed of trust on a property located within the city, which property, on or before May 15, 2009 is: under a current notice of default; under a current notice of trustee's sale; pending a tax assessor's lien sale; has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or has been transferred under a deed in lieu of foreclosure/sale, shall, on or before July 14, 2009, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, then it is, by this subchapter, deemed Ordinance No. 1441 Page 1 of 54 abandoned and the beneficiary/trustee shall, within ten days after the inspection, register, on forms provided by the city, the property with the Planner Manager or her or his designee. § 150.255 MAINTENANCE REQUIREMENTS. Responsible persons, including beneficiaries/trustees, shall maintain properties subject to inspection or registration pursuant to this subchapter, and any other applicable provisions of federal, state or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash,junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to prevent giving the appearance the property is abandoned, including but not limited to the following: (A) The property shall be kept free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. (B) Front and side yards visible from the public rights-of-way or neighboring private or public property shall be landscaped and maintained in accordance with city requirements and the neighborhood standard applicable at the time registration was required. (C) Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. (D) Permitted landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, indoor-outdoor carpet or any similar material. (E) Required maintenance includes but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. (F) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (G) Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property. § 150.256 SECURITY REQUIREMENTS. Ordinance No. 1441 Page 1 of 54 Responsible persons, including beneficiaries/trustees, shall secure properties subject to inspection and/or registration pursuant to this subchapter, in a manner to prevent access by unauthorized persons, including but not limited to the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the re-glazing or boarding of the window. Responsible persons shall do the following: (A) If the responsible person is a corporation and/or out-of-area beneficiary/trustee/owner, a local property manager shall be hired to perform weekly inspections to verify that the requirements of this subchapter, and any other applicable laws, are being met. (B) The property shall be posted with the name and 24-hour contact phone number of the local property manager. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY", "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS, CONTACT CODE ENFORCEMENT AT (626) 813-5238." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather-resistant materials. (C) The responsible person or local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this subchapter. § 150.257 ADDITIONAL AUTHORITY. In addition to the enforcement remedies established in Chapters 10, 15 and 95 of this Code, the Planner Manager, her or his designee, shall have the authority to require the responsible person of any property affected by this section to implement additional maintenance and security measures, including, but not limited to, securing each door, window or other opening, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities and removing the meter boxes, or other measures as may be reasonably required to arrest the decline of the property and prevent unauthorized entry. § 150.258 ENFORCEMENT. Violations of this subchapter may be enforced as allowed in Chapters 10, 15 and 95 of this Code or any combination thereof. Ordinance No. 1441 Page 1 of 54 § 150.259 VIOLATION; PENALTY. Violations of this subchapter shall be treated as a strict liability offense regardless of intent. Any person, firm or corporation that violates any portion of this subchapter shall be subject to prosecution and administrative enforcement as provided in Chapters 10 and 15 of this Code and subject to the penalties set forth therein. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this subchapter is committed, continued, or permitted by any person, and such person shall be punished accordingly. § 150.260 FEES. The fee for registering an abandoned residential property shall be set by resolution of the City Council. § 150.261 APPEALS. Any person aggrieved by any of the requirements of this subchapter may appeal insofar as such appeal is allowed in Chapter 15 or 95 of this Code. Ordinance No. 1441 Page 3 of 3 First read at a regular meeting of the City Council of the City of Baldwin Park held on the 2nd day of October, 2019, and adopted and ordered published at a regular meeting of said Council on the 6th day of November, 2019. PASSED, APPROVED, AND ADOPTED thi th day of November, 2019. MA OZA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on October 2, 2019. Thereafter, said Ordinance No. 1441 was duly approved and adopted at a regular meeting of the City Council on November 6, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None JEAN A CITY ERK