Chapter 15.10
RESIDENTIAL CODE

Sections:

15.10.010    Adoption of California Residential Code.

15.10.020    Work exempt from permits.

15.10.030    Expiration of permits.

15.10.040    Fees.

15.10.050    Violations.

15.10.060    Roof covering requirements.

15.10.010 Adoption of California Residential Code.

Except as may otherwise be provided in this title, the California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), and only Appendices AH (Patio Covers), AX (Swimming Pool Safety Act) and AZ (Emergency Housing), are hereby adopted by reference and made a part of this chapter as though set forth in full herein. These provisions of Title 24, Part 2.5 shall comprise the residential code of the city of Gardena. (Ord. 1851 § 3, 2023)

15.10.020 Work exempt from permits.

Section R105.2 of the 2022 California Residential Code, items 2 and 4 under “Building” are hereby amended to read as follows:

2. Fences not over 6 feet in height.

4. Retaining walls that are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(Ord. 1863 § 3, 2024; Ord. 1851 § 3, 2023)

15.10.030 Expiration of permits.

Section R105.5 of the 2022 California Residential Code is hereby amended to read as follows:

R105.5 Expiration.

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(Ord. 1851 § 3, 2023)

15.10.040 Fees.

Section R108 of the 2022 California Residential Code is hereby amended to read as follows in its entirety:

R108 Fees.

A. Fees shall be assessed in accordance with the provisions of this Section.

B. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be quadrupled, but the payment of such quadrupled fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

C. Plan review fees. When a plan or other data are required to be submitted by this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be one hundred (100) percent of the building permit fee.

1. The plan review fees specified in this Subsection are separate fees from the permit fees specified in subsection B and are in addition to the permit fees.

2. Where plans are incomplete or changed or involve deferred submittals so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order.

D. Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

E. Refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

3. The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

4. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

(Ord. 1851 § 3, 2023)

15.10.050 Violations.

Section R113 of the 2022 California Residential Code is hereby amended to read as follows:

R113 VIOLATIONS.

R113.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.

R113.2 Notice of violation.

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

R113.3 Prosecution of violation.

If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

R113.4 Violation penalties.

Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.

R113.5 Violation a misdemeanor.

Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.16.010 of this Code.

(Ord. 1851 § 3, 2023)

15.10.060 Roof covering requirements.

The first paragraph of Section R902.1 of the California Residential Code is hereby amended to read as follows; all other provisions remain the same:

902.1 ROOF COVERING MATERIALS.

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in Very High Fire Hazard Zones.

IA

IB

IIA

IIB

IIIA

IIIB

IV

VA

VB

B

B

B

B

B

B

B

B

B

(Ord. 1851 § 3, 2023)