Chapter 14.05
RESIDENTIAL CODE
Sections:
14.05.010 2022 California Residential Code adoption by reference.
14.05.020 Amendments to the 2022 California Residential Code.
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
14.05.040 Section R105 – Permits – Amended – Time limitation of application.
14.05.050 Section R105 – Permits – Amended – Expiration.
14.05.060 Section R106 – Construction documents – Amended – Submittal documents.
14.05.070 Section R106 – Construction documents – Amended – Retention of construction documents.
14.05.080 Section R108 – Fees – Amended.
14.05.090 Section R110 – Certificate of occupancy – Amended – Use and occupancy.
14.05.100 Section R110 – Certificate of occupancy – Amended – Temporary occupancy.
14.05.110 Section R111 – Service utilities – Amended – Temporary connection.
14.05.120 Section R112 – Board of Appeals – Amended.
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
14.05.140 Section R113 – Violations – Amended – Violation penalties.
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
14.05.010 2022 California Residential Code adoption by reference.
The city adopts the 2022 Edition of the California Residential Code, including Appendices AH, AK, AL, AO, AR, AS, AU, AV, AW, AX, and AZ, together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of residential buildings and their accessory structures within the city. Said code shall be and become the Covina residential code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter. (Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.020 Amendments to the 2022 California Residential Code.
The 2022 Edition of the California Residential Code is amended as set forth in CMC 14.05.030 through 14.05.160. (Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.030 Section R105 – Permits – Amended – Work exempt from permit.
Subsection R105.2 is hereby amended to read as follows:
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and the height is no greater than 15 feet (4572 mm).
2. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1.
3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
6. Swings and other playground equipment.
7. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
8. Decks not exceeding 200 square feet (18.59 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
9. Walls constructed of masonry materials, including, but not limited to, brick, stone, block and concrete that are 3 feet or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
Portable heating appliances.
Portable ventilation appliances.
Portable cooling units.
Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Portable evaporative coolers.
Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.040 Section R105 – Permits – Amended – Time limitation of application.
Subsection R105.3.2 is hereby amended to read as follows:
R105.3.2 Time limitation of application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents 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 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.050 Section R105 – Permits – Amended – Expiration.
Subsection R105.5 is hereby amended and subsection R105.5.1 is hereby added to read as follows:
R105.5 Expiration. Except as set forth in Section R105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
1. If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
2. If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, ‘suspended or abandoned’ shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the building official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
3. In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a ‘renewal permit’). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph 2, above.
4. In the event of permit expiration, any work performed under that permit is ‘unpermitted’ as defined in Section R113.1 of this code, and is subject to the legalization provisions of Section R113.5 of this code.
R105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section R105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections R113.1.1 and R113.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 180 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 180 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.060 Section R106 – Construction documents – Amended – Submittal documents.
Subsection R106.1 is hereby amended to read as follows:
R106.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further, except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two (2), one stories max in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.070 Section R106 – Construction documents – Amended – Retention of construction documents.
Subsection R106.5 is hereby amended to read as follows:
R106.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of the plans of every building, during the life of the building, for which a permit was issued.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.080 Section R108 – Fees – Amended.
Section R108 is hereby amended to read as follows:
SECTION R108
FEES
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall any amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section R106 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said permit and plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal, additional plan review fees shall be charged as established by resolution of the city council.
R108.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
R108.2.1 Fee Waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency’s low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard and the particular practices have been reviewed and approved by the City prior to permit application.
R108.3 Building permit valuations. Building permit valuations shall include total value of the work for which a permit is being issued, such electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council that shall be in addition to the required permit fees. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections R113.1.1 and R113.1.2 of this code, shall submit construction documents as set forth in Section R106 of this code.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.090 Section R110 – Certificate of occupancy – Amended – Use and occupancy.
Subsection R110.1 is hereby amended to read as follows:
R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section R110. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the city shall not be valid.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.100 Section R110 – Certificate of occupancy – Amended – Temporary occupancy.
Subsection R110.4 is hereby amended to read as follows:
R110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.110 Section R111 – Service utilities – Amended – Temporary connection.
Subsection R111.2 is hereby amended to read as follows:
R111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.120 Section R112 – Board of Appeals – Amended.
Section R112 is hereby amended to read as follows:
SECTION R112
BOARD OF APPEALS
R112.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.05.120 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
R112.2 Scope of appeal. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
R112.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official as provided in Section 112.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation. The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information, as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding. Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person’s administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
R112.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member’s then current term, one of the following occurs:
2.1 A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2 A member voluntarily resigns from the Board of Appeals;
2.3 A member is removed from the Board of Appeals by the city council; or
2.4 A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member’s term.
R112.5 Limitation on authority of board of appeals. The Board of Appeals shall have no authority to waive the technical requirements of this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 16-2059 § 1(B), 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.130 Section R113 – Violations – Amended – Unlawful acts.
Subsection R113.1 is hereby amended and subsections R113.1.1 and R113.1.2 are hereby added to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code.
R113.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, ‘unpermitted structure’ shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
R113.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, ‘unpermitted grading’ shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.140 Section R113 – Violations – Amended – Violation penalties.
Subsection R113.4 is hereby amended to read as follows:
R113.4 Violation penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.150 Section R113 – Violations – Amended – Legalizing procedures.
Subsection R113.5 is hereby added to read as follows:
R113.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections R113.5.1 through R113.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.
R113.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections R113.1.1 and R113.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection R105.5.1 of this code.
R113.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and building official for review and approval.
R113.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
R113.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
R113.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, ‘special investigation’ shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
R113.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by city officials in undertaking the special investigation, as defined in subsection R113.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
R113.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City’s zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019; Ord. 16-2063 § 3, 2016; Ord. 13-2027 § 3, 2013; Ord. 10-1990 § 3, 2010.)
14.05.160 Appendix AX – Swimming Pool Safety Act – Amended – Construction permit; safety features required.
Subsection 115922 of Section AX100 is hereby amended to read as follows:
115922. Construction permit; safety features required.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with feature # 1 below and at least one other drowning prevention safety features below:
1. An enclosure that meets the requirements of Section 115921(c) and isolates the swimming pool or spa from the private single-family home.
2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
3. An approved safety pool cover, as defined in Section 115921(d).
4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified by the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
(Ord. 22-19 § 7, 2022; Ord. 19-10 § 6, 2019.)