Chapter 9.12
ADMINISTRATIVE CODE

Sections:

9.12.010    Adoption by reference of the Uniform Administrative Code.

9.12.020    Violations and penalties.

9.12.030    Amendments to administrative code.

9.12.010 Adoption by reference of the Uniform Administrative Code.

Except as provided herein, the 1997 Edition of the Uniform Administrative Code, including any amendments and appendices thereof, as promulgated and published by the International Conference of Building Officials, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as “the administrative code of the city of South Gate” (“administrative code” herein). A copy of the 1997 Edition of the Uniform Administrative Code has been deposited in the office of the city clerk and shall at all times be maintained by the city clerk for use and examination by the public.

(Ord. 2137 § 13 (part), 4-8-03)

9.12.020 Violations and penalties.

Any person violating any of the provisions of the administrative code shall be deemed guilty of misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation shall be punishable as provided for in Title 1 of this code.

(Ord. 2137 § 13 (part), 4-8-03)

9.12.030 Amendments to administrative code.

Notwithstanding the provisions of Section 9.12.010, the administrative code is hereby amended by:

A.    Adding new Sections 108, 109, 110, and 111 to Chapter 1 (Title, Scope and General) of the administrative code to read as follows:

108—INTERPRETATION OF LANGUAGE

The language used in Title 9 of this Code is intended to convey common and accepted meanings which are familiar to the various trades regulated by the Technical Codes. Whenever any section, or portion thereof, of a Technical Code set forth in this Title 9 appears to be in conflict with another section or provision, the Administrative Authority is authorized to interpret and determine the meaning and intent of such provisions.

109—GENERAL SAFETY PROVISIONS

1. It is the intent and purpose of Title 9 of this Code to provide for the safe, durable and non-hazardous installation of building materials and supplies into works of improvement, and to establish minimum standards therefore.

2. Notwithstanding the specific provisions contained in the Technical Codes of this Title 9, or the omission of specific provisions regulating certain types of installations, the Administrative Authority is authorized and directed to refuse to approve any such installation which, in his opinion, will manifestly fail to carry out the intent and purpose of any Technical Code set forth in this Title 9 or will create an unsafe or hazardous condition.

110—USED MATERIALS

Used materials or supplies shall not again be used in any work of improvement without the advance written approval of the Administrative Authority.

111—MAINTENANCE TECHNICIANS

In lieu of having work performed by a State Licensed Contractor, any person regularly employing one or more Maintenance Technicians skilled in conducting a trade regulated by any of the technical codes set forth in this Title 9 (also referred to as “Trade Technicians”) and for the purpose of installation, alteration, maintenance or repair of such person’s own premises, may request that one such employee be qualified as a Maintenance Technician, in accordance with the following requirements:

1. The employee shall receive a passing grade on a Trade Technician Competency Examination administered by the Administrative Authority.

2. The employee shall be responsible for the proper installation and inspection of all work performed, in compliance with the provisions of any Technical Code which may be applicable to the work of improvement.

3. A report identifying all work performed shall be submitted to the Administrative Authority not more than fifteen (15) days following the end of each calendar month, on a form provided by the City and accompanied by the appropriate permit fee. If no work has been undertaken, a report shall be filed so stating.

4. The City shall be notified at least once each month as to when any work is to be inspected and approved.

5. The Maintenance Technician shall keep a record of all technical work done, and the Administrative Authority shall have access to such records.

6. The Maintenance Technician authorization shall be renewed annually, prior to the beginning of each calendar year.

7. If the designated Maintenance Technician should leave the employment of the employer, written notice thereof shall be given by the employer to the Administrative Authority within five (5) days, and any work remaining to be performed shall, without further order or action, be suspended until the engagement of the same or another Maintenance Technician, who shall be qualified by the Administrative Authority.

8. Any violation of this section shall cause the immediate termination of all rights and privileges of the Maintenance Technician, and all work remaining to be performed shall be done with permit approval and by a State Licensed Contractor.

B.    Amending Section 204 (Board of Appeals) of Chapter 2 of the administrative code in its entirety to read as follows:

204—BOARD OF APPEALS CREATED; MEMBERSHIP; DECISIONS

CREATING THE BOARD OF APPEALS.

1. There is hereby established a Board of Appeals consisting of five (5) members, all of whom shall be duly appointed members of the City Planning Commission. The Building Official shall be an ex-officio member and shall act as Secretary to the Board of Appeals.

2. The Board of Appeals shall be authorized to construe and to interpret the provisions of the Technical Codes set forth in Title 9 of this Code, and to make determinations as to whether proposed alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of such Technical codes.

3. The Board of Appeals shall adopt rules and regulations relating to the conduct of its inquiries and investigations.

4. All decisions and determinations of the Board of Appeals shall be submitted in writing to the Building Official, and a copy thereof shall be delivered to the person or persons who initiated the appeal or the request for an interpretation.

5. Any decision of the Board of Appeals to approve or deny an appeal may be appealed by the aggrieved party to the City Council by filing a request therefore with the City Clerk, not later than ten days after such decision is rendered by the Board of Appeals. Upon receipt of such a request, the City Clerk shall set a date for hearing by the City Council, not later than sixty (60) days thereafter, and shall notify the appellant of such hearing date. Following said hearing by the City Council, the findings and decision of the City Council shall be adopted by resolution. The determination of the City Council shall be final and conclusive.

205 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. 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.

206 MEMBERSHIP

The Board of Appeals shall consist of five (5) members appointed by the City Council. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City.

207 TERM-APPOINTMENT OF SUCCESSOR

The Board of Appeals shall be appointed by the City Council and shall hold office as its pleasure. The Board shall adopt rules of procedures for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

208 DISQUALIFYING ACTIVITY

A member shall not hear an appeal in which that member has a personal, professional or financial interest.

209 REMUNERATION

Each appointee will receive the sum of Seventy-Five ($75.00) per meeting attended by the appointee.

210 ELECTION OF CHAIRMAN OF THE BOARD OF APPEALS

The Board shall annually select one of its members to serve as chairperson.

211 REMOVAL FROM OFFICE

The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure.

212 ORGANIZATION—MEETINGS—RULES

The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines.

1. Registered design professional who is a registered architect.

2. Registered design professional with structural engineering experience.

3. State licensed contractor with at least 10 years experience.

4. Local resident or businessman with experience in construction.

5. Local advocate for accessibility and ADA requirements or local resident.

6. The City Building Official shall serve as Secretary of the Board.

There are six (6) meetings held annually.

The Board is authorized to establish policies and procedures necessary to carry out its duties.

Building related matters shall be as defined in the California Code of Regulations, Title 24, Part 2, 2007 California Building Code, Volume 1; but shall specifically exclude any issues related to the general plan or zoning ordinance; and,

Pursuant to Health and Safety Code Section 189.45 (a) any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of any state agency, respecting the administration of any building standard may appeal the issue for resolution to the Board; and,

Pursuant to Health and Safety Code Section 189.45 (b) any local agency having authority to enforce a state building standards and any person adversely affected by any regulations, rule, omission, interpretation, decision or practice of such agency respecting such buildings standard wish to appeal the issue for resolution to the Board, then both parties may appeal to the commission. The Board may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance; and,

Any and all action subject to the Boards purview shall be appealable to the City Council within ten business day after the date of execution of final decision from the Board; and,

California Building Code provides that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

The Board shall have the authority to review code enforcement appeals and to waive or reduce rates, fees and charges related to building restoration fees for garage conversions and other related assessments, fees and/or charges arising from matters which are addressed by South Gate Municipal Code Title 9.

C.    Amending Subsection 301.1 (Permits Required) of Section 301 (Permits) of Chapter 3 (Permits and Inspections) in its entirety to read as follows:

301.1 Permits Required.

Except as specified in Section 301.2, no building, structure or building service equipment regulated by this code 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.

If the application, plans and specifications which are filed are determined to be in conformity with the requirements of this Title 9 and all other laws and ordinances, the Administrative Authority shall, upon receipt of the required fees, issue a permit. Every permit issued shall be valid only for the location and the work described in the application.

The permit issued to any contractor, or to the holder of a Maintenance Technician permit, shall not authorize any person, other than an employee of the permittee, to undertake any of the work or improvements authorized by the permit.

A list of all subcontractors and material men who are performing work or furnishing materials shall be provided before work is commenced under the permit. If any subcontractors or material men to be used on the project are not known at the time of application, their names and addresses shall be supplied to the Department of Community Development/Division of Building and Safety within ten (10) days after any subcontractor or material man is selected by the contractor.

No final inspection shall be made, no certificate of occupancy shall be issued, and no building or structure shall be used or occupied unless all provisions of this Section have been complied with.

D.    Amending Subsection 302.1 (Application) of Section 302 (Application for Permit) of Chapter 3 (Permits and Inspections) of the administrative code in its entirety to read as follows:

302.1 Application.

To obtain a permit, the applicant shall file an application therefore in writing, on a form furnished by the City for that purpose. The following provisions shall apply to permit applications:

1. The application for any permit authorized to be issued under any provision of a technical code contained in this Title 9 shall describe the work to be done, and shall be made in writing by a State Licensed Contractor, a Maintenance Technician, or a residential property owner. Where a license is required by the State of California, no permit shall be issued unless the applicant has such a license. In the case of an owner, the application shall be for a special owner permit.

2. The application shall state the location where the work is to be done, either by street and house number, by lot, block and tract, or a similar description that will readily identify the location of proposed work. A separate application shall be required for each building.

EXCEPTION: An application for a single-family dwelling may include an accessory building located on the same lot, erected at the same time, and served by the same utilities as the main building.

3. Each application shall be accompanied by drawings or plans as required by Section 302.2.

E.    Amending Subsection 302.2 (Submittal Documents) of Section 302 (Application for Permit) of Chapter 3 (Permits and Inspections) of the administrative code in its entirety to read as follows:

302.2 Submittal Documents.

1. Prior to the issuance of any permit required by any technical code set forth in this Title 9, submittal documents shall be submitted for each building showing thereon all improvements and equipment to be changed, installed or altered (except for minor additions or alterations as approved by the Administrative Authority).

2. Two (2) sets of plans and specifications shall be submitted for plan checking. When approved, one set shall be returned to the applicant and maintained on the job site until final inspection approval. The second set shall be retained by the Administrative Authority until completion of the authorized work.

3. The issuance of a permit based upon plans and specifications submitted shall not prevent the Administrative Authority from thereafter requiring the correction of any errors in said plans or specifications or from prohibiting construction where work is in violation of this Code or any other city ordinance, or from revoking any approval issued in error.

4. Required plans and specifications shall be submitted with the permit application form provided by the Administrative Authority.

F.    Adding a new Subsection 302.6 to Section 302 (Application for Permit) of Chapter 3 (Permits and Inspections) of the administrative code in its entirety to read as follows:

302.6 Special Owner Permit.

The Administrative Authority may issue to a residential property owner a special owner permit, for which a qualifying examination may be required, authorizing said owner to install, alter, change, or repair equipment or other items of personal property which may be subject to regulation under the technical codes of this Title 9. Such work shall be performed in, on or about a residence owned by said individual, and elsewhere; provided, however, that all work authorized by such special owner permit shall be performed personally by the owner, or by a member of the owner’s immediate family. If any provision of this Code is violated, the permit shall be canceled and the holder thereof shall be subject to all penalties provided for any such violation.

G.    Amending Subsection 303.4 (Expiration) of Section 303 (Permit Issuance) of Chapter 3 (Permits and Inspections) of the administrative code in its entirety to read as follows:

303.4 Expiration.

Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.

The permit shall expire two (2) years from the date of issuance. Before any work can be continued after such expiration, a new permit shall first be obtained.

H.    Adding a new Subsection 303.6 to Section 303 (Permit Issuance) of Chapter 3 (Permits and Inspections) of the administrative code to read as follows:

303.6 Permit Refusal.

If upon demand of the Building Official, the applicant is unable to produce evidence that the applicant has complied or is complying with all State or City laws governing or regulating the erection, construction, enlargement, alteration, repair, removal, conversion, or maintenance of buildings or structures, or governing or regulating the persons engaging in such activities, including all safeguards required for the protection of the City, the public, employees of the applicant, or other persons, such as bonds, insurance, licensing, and other specific requirements which may be required by City ordinance or State law, then the Building Official shall refuse to issue a permit required under any Technical Codes of this Title 9.

PRE-REQUISITES: Before any permit is issued (except for minor remodeling or repair of any existing structure), it shall appear to the Building Official that all ordinances and regulations of the City pertaining to zoning, public works, subdivisions, precise plans, specific plans, setback lines, fire, health, and other matters, which are applicable to the property for which the permit is sought, have been complied with, and that the issuance of the permit will not result in the contravention of any ordinance, law, rule or regulation of the City, including the technical codes of this Title 9.

I.    Amending Subsection 304.3 (Plan Review Fees) of Section 304 (Fees) of Chapter 3 (Permits, Fees and Inspections) in its entirety to read as follows:

304.3 Plan Review Fees.

When plans are submitted for plan review approval, as required by Section 302.2, a plan checking fee shall be paid to the City for each plan review required by any technical code of this Title 9. Such fee shall be the greater of:

1. The rate of one hundred dollars ($100.00) per hour, prorated to the nearest one-half (1/2) hour, for time actually expended in checking the submitted plans; or

2. The actual cost to the City for plan reviewing services provided by engineering or other consultants; or

3. Eighty-five percent (85%) of the total permit fee, with a minimum of one hundred dollars ($100.00).

J.    Adding a new Subparagraph 304.5.3 to Subsection 304.5 (Investigation Fees: Work Without a Permit) of Section 304 (Fees) of Chapter 3 (Permits and Inspections) of the administrative code to read as follows:

304.5.3 Double Fees.

When any work for which a permit is required by any technical code set forth in this Title 9 is commenced prior to obtaining a required permit, the fees specified under the provisions of such technical code shall be doubled, but in no event shall they be less than eighty-seven dollars ($87.00). The payment of such double fees shall not release any person from complying with the requirements of any technical code set forth in this Title 9, nor from any penalties prescribed therein. The additional fees are imposed solely for the purpose of reimbursing the City for the additional work involved with the inspection, regulation and administration of the applicable provisions of the technical codes set forth in this Title 9.

K.    Adding a new Subsection 305.9 to Section 305 (Inspections) of Chapter 3 (Permits and Inspections) of the administrative code to read as follows:

305.9 Permission to Cover Work.

It shall be unlawful to lath over, seal, cover or otherwise conceal any improvement which is regulated by the provisions of a technical code set forth in this Title 9 and for which a permit is required, until such improvement has been inspected and approved by the Administrative Authority or his designee. The Administrative Authority, or his designee, shall have the authority to remove, or to require the removal of, any obstruction which prevents complete inspection of any work of improvement.

L.    Adding a new Subsection 308.3 to Section 308 (Connection to Utilities) of Chapter 3 (Permits and Inspections) of the administrative code to read as follows:

308.3 Connections.

1. It shall be unlawful to energize, or to cause or permit to be energized, any work or improvement regulated by the provisions of any technical code of this Title 9 until such work or improvement has been inspected and approved by the Administrative Authority; provided, however, that the Administrative Authority may give temporary permission in writing to provide energy to or to use any such work or improvement for a period not exceeding thirty (30) days, if it appears to the Administrative Authority that such work or improvement will be used safely, and that there exists an urgent necessity for such use.

2. No serving agency shall furnish or supply any utilities permitting energization of a work or improvement regulated by any technical code set forth in this Title 9 until authorized by the Administrative Authority.

3. The Administrative Authority is authorized to disconnect, or to order the discontinuance of any utility services, to a work or improvement regulated by any technical code of this Title 9 which is found to be defective or in noncompliance, until the installation of such work or improvement has been determined to be safe. Any person ordered to discontinue such utility services shall do so within twenty-four (24) hours after the receipt of notice and shall not reconnect such utility services, nor allow the same to be reconnected, until authorized to do so by the Administrative Authority.

M.    Adding a new Section 310 to Chapter 3 (Permits and Inspections) to read as follows:

310—Corrections

All installations not in compliance with the requirements of any technical code of this Title 9 shall be corrected within ten (10) days after inspection notification, or within such other reasonable period of time as may be authorized by the Administrative Authority. Failure to comply shall be sufficient cause for the refusal of the Administrative Authority to issue any additional permit until all corrections have been made.

(Ord. 2332 § 10, 11-22-16: Ord. 2311 § 10, 11-26-13: Ord. 2277 § 10, 11-23-10: Ord. 2245 § 10, 1-8-08: Ord. 2244 § 10, 11-27-07: Ord. 2190 §§ 1, 2, 1-25-05; Ord. 2180 § 1, 8-10-04; Ord. 2173 §§ 1—3, 7-13-04; Ord. 2137 § 13 (part), 4-8-03)