Loading...
HomeMy Public PortalAbout19 9.D. Public Hearing and Adoption of Ordinance No. 13-985 Title 7 Building Regulations.DATE: TO: FROM: SUBJECT: AGENDA ITEM 9.D. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM December 3, 2013 The Honorable City Council Jose E. Pulido, City Manager ei) ~ Via: Mark Persico, AICP, Community Development Director By: Neville Pereira, PE, CBO, Building Official PUBLIC HEARING AND ADOPTION OF ORDINANCE NO. 13-985 REPEALING AND ADOPTING NEW CHAPTERS OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 7 ("BUILDING REGULATIONS"), CHAPTER 1 ("BUILDING CODE"), CHAPTER 2 ("MECHANICAL CODE"), CHAPTER 3 ("ELECTRICAL CODE"), CHAPTER 4 ("PLUMBING CODE"), CHAPTER 5 ("RESIDENTIAL CODE") , CHAPTER 6 ("GREEN BUILDING STANDARDS CODE"), AND ADDING CHAPTER 7 ("SWIMMING POOL AND SPA CODE") RECOMMENDATION: The City Council is requested to conduct a public hearing to adopt Ordinance No. 13- 985 (Attac hmen t "A") by title only repealing and adopting new chapters of the TCMC Title 7 ("Building Regulations"), Chapter 1 ("Building Code"), Chapter 2 ("Mechanical Code"), Chapter 3 ("Electrical Code"), Chapter 4 ("Plumbing Code"), Chapter 5 ("Residential Code") , Chapter 6 ("Green Building Standards Code"), and adding Chapter 7 ("Swimming Pool and Spa Code") thereby adopting by reference portions of the 2013 California Code of Regulations as amended by the County of Los Angeles as the 2014 County Codes (Title 26 -Building Code, Title 27 -Electrical Code, Title 28 - Plumbing Code, Title 29 -Mechanical Code, Title -30 Residential Code, Title 31 - Green Building Standards) and adopting by reference the 2012 International Swimming Pool and Spa Code as the City of Temple City 2014 Building and Safety Code. BACKGROUND: On November 19 , 2013, the City Council introduced Ordinance No. 13-985 repeal ing Chapters 1-6 of TCMC Title 7 ("Building Regulations") and adopting new Chapters 1-7 of Title 7. (See Attachment "A" for original November 19, 2013, staff report). City Council December 3, 2013 Page 2 of 2 ANALYSIS: At the meeting on November 19, 2013, there were no public comments and only minor comments from City Council members. No changes were made to the Ordinance that was introduced on November 19, 2013. Adoption of the Los Angeles County Codes by reference with local amendments will ensure that Temple City is meeting the most current building and safety standards. CONCLUSION: The City Council is requested to adopt Ordinance No. 13-985 adopting the 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles County Plumbing Code, 2014 Los Angeles County Mechanical Code, 2014 Los Angeles County Residential Code, 2014 Green Building Standards Code, and the 2012 International Swimming Pool and Spa Code, with local amendments, as the City of Temple City 2014 Building and Safety Code. FISCAL IMPACT: There are no fiscal impacts created by adoption and implementation of the 2014 Los Angeles County Buildings Codes or the 2012 International Swimming Pool and Spa Code by reference. ATTACHMENTS: A. City Council staff report-November 19, 2013 B. Ordinance No. 13-985 DATE: TO: FROM: SUBJECT: ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMEI\IT MEMO-RAN-DUM November 19, 2013 The Honorable Glty Council Jose E. Pu lido Ji ~ Vi~: Mar~Pe rs~?· AlCP, Commu~ity ~eve_l ~pment Di rector r·, '-> By : Ne~n!le Pereira, PE, CB.O, Bu1ldmg OffiCia l · FIRST READING AND lNTRODUCTION OF ORDINANCE NO. 13-985 REPEALING AND ADOPTING NEW CHAPTERS OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 7 ("BUILDING REGULATlONS''), CHAPTER 1 ("BUILDING CODE"),. CHAPTER 2 ("MECHANICAL CODE';), CHAPTER 3 ("ELECTRICAL CODE"), CHAPTER 4 ("PLUMB ING CODE''), CHAPTER 5 (''RESIDENTIAL CODE") , CHAPTER 6 ("GREEN BUILDING STANDARDS CODE''), ANO AOD I.NG CHAPTER: 7 ("SWIMMING POOL AND SPA CODE") RECOMMENDATION: The City Co~;.~ncil is reqyested to: a) Introduce Ordinance No. 13-985 (Attachment "A") for first reading by title only repeal ing and adopting new chapters of the TCMC Title 7 (''B uilding Regulations"), Chapter 1 ("Building_ Code"), Chapter 2 (''Mechanica l Code''), Chapter 3 ("Electrical Code"), Chapter 4 ("Plumbing Code"), Chapter 5 ("Residential Code") , Chapter 6 ("Green Building Standards Code"), and ·C;'!dding Chapter 7 ("?wimming Pool and Spa Code") thereby adopting by reference portions of the 20 .13 California Code ·of Regulations as amended by the County of Los Angeles as the 2014 County Codes (Title 26 -Building Code , Title 27 -Electrical Cod e , Titie 28 -Plumbing Code, Title 29 --Mechanical Code ,-Title -30 Residential C6de { Title 31 -·Green Building St(;!ndards) arid adbpti hg by reference the 2-012 lnternation;ll--SW irtmiing Pool and Spa Code as t he City of Temple City 2014 Builqing and Safety Code; and b) Set a public heari ng date for December 3, 2013, to consider adoption of O rdina nce No. 13-985 (Ordinance) establishing new Building Safety standards-for the City of Temple City. City Council November 19, 2013 Page 2 of 3 BACKGROUND: 1. On September 6, 2011, the City Council adopted Ordinance No. 11-945 thereby adopting by reference the 2011 Los Angeles County Building Codes. 2. On July 1, 2013, the California Building Standards Commission published Title 24 the "California Building Standards Code." 3. On November 5, 2013, the County of Los Angeles Board of Supervisors introduced an Ordinance adopting by reference the 2013 California Building Codes with local amendments and established a public hearing to adopt and amend at their meeting on November 26, 2013, thereby creating the 2014 Los Angeles County Codes. ANALYSIS: National Model Building, Mechanical, Electrical, Plumbing, Residential, Green Building Standards Codes are published periodically in response to improved safety standards and changing construction technology. The California Building Standards Commission adopts and amends each of these Codes every three years to create the California Building, Mechanical, Electrical, Plumbing, Residential, and Green Building Standards Codes. Pursuant to Health and Safety Code Section 18941.5, local jurisdictions are mandated to adopt such State Codes generally within 180 days after publication of the code by the California Building Standards Commission. The 2013 California Codes were published on July 1, 2013 and will become effective on January 1, 2014. Temple City is one of many cities in Los Angeles County that uses the Los Angeles County Building Code. Staff is recommending that the City adopt the 2014 Los Angeles County Codes by reference. The major benefits realized by adopting the County Codes are: 1. The County Codes are common and well known to the building industry in the greater Los Angeles area; 2. The County Codes contain well-reasoned local amendments that are supported by findings and which are consistently applied throughout the County of Los Angeles; 3. The County Codes are readily available for purchase by building and design professionals directly from the publisher, without having the added complications of many local amendments; thus making it much easier for users to understand the context and to achieve compliance; and 4. The County Administrative Chapter, as amended, is consistent with the County fee schedule which the City also adopted by reference for collection of plan check and permit fees. City Council November 19, 2013 Page 3 of 3 To make the local amendments to the 2014 Los Angeles County Codes effective within the City of Temple City, the City Council must make a finding that the proposed Los Angeles County amendments to the State Code are based on climatic, topographic and/or geologic conditions local to the City of Temple City. Because the City of Temple City is located within the same seismic design category as most of the County of Los Angeles and has the same weather related issues, (chiefly high fire danger from late summer/early fall Santa Ana winds), staff believes that all of the climatic, topographic and geologic conditions identified by the County of Los Angeles are fully applicable to and appropriate for the City of Temple City. Staff has determined that adoption of the 2014 Building Codes is exempt from further environmental review under the provisions of the California Environmental Quality Act ("CEQA") pursuant to State Guideline Section 15061(b)(3), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff has further determined that it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Following introduction and first reading of the Ordinance this matter will return to City Council on December 3, 2013 for a public hearing and adoption of the ordinance along with the associated findings. CONCLUSION: The City Council is requested to adopt Ordinance No. 13-985 adopting the 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles County Plumbing Code, 2014 Los Angeles County Mechanical Code, 2014 Los Angeles County Residential Code, 2014 Green Building Standards Code, and the 2012 International Swimming Pool and Spa Code, with local amendments, as the City of Temple City 2014 Building and Safety Code. Adoption of the Los Angeles County Codes by reference with local amendments will ensure that Temple City is meeting the most current building and safety standards. FISCAL IMPACT: There are no fiscal impacts created by adoption and implementation of the 2014 Los Angeles County Buildings Codes or the 2012 International Swimming Pool and Spa Code by reference. ATTACHMENTS: A. Ordinance No. 13-985 CITY OF TEMPLE CITY ORDINANCE NO. 13-985 ATTACHMENT B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REPEALING AND ADOPTING NEW CHAPTERS OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) TITLE 7 (BUILDING REGULATIONS), CHAPTER 1 (BUILDING CODE), CHAPTER 2 (MECHANICAL CODE), CHAPTER 3 (ELECTRICAL CODE), CHAPTER 4 (PLUMBING CODE), CHAPTER 5 (RESIDENTIAL CODE), CHAPTER 6 (GREEN BUILDING STANDARDS CODE), AND ADDING CHAPTER 7 (SWIMMING POOL AND SPA CODE) THEREBY ADOPTING BY REFERENCE PORTIONS OF THE 2013 CALIFORNIA CODE OF REGULATIONS AS AMENDED BY THE 2014 COUNTY OF LOS ANGELES BUILDING CODE (TITLE 26-BUILDING CODE, TITLE 27- ELECTRICAL CODE, TITLE 28 -PLUMBING CODE, TITLE 29 -MECHANICAL CODE, TITLE - 30 RESIDENTIAL CODE, TITLE 31 -GREEN BUILDING STANDARDS) AND ADOPTING BY REFERENCE THE 2012 INTERNATIONAL SWIMMING POOL AND SPA CODE AS THE CITY OF TEMPLE CITY 2014 BUILDING AND SAFETY CODE WHEREAS, the 2013 California Building Code, 2013 California Electrical Code, 2013 California Plumbing Code, 2013 Mechanical Code, 2013 California Green Building Standards Code, 2013 Residential Code, and the 2012 International Swimming Pool and Spa Code have been published by the International Code Council and the California Building Standards Commission; and WHEREAS, the City is required to adopt and amend as required by the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Residential Code and California Green Building Standards Code prior to January 1, 2014; and WHEREAS, the County of Los Angeles has adopted by reference and amended by Ordinance Number 13-5076, the 2013 California Building Code, by Ordinance Number 13-5078, the 2013 California Electrical Code, by Ordinance Number 13-5071, the 2013 California Plumbing Code, by Ordinance Number 13-5082, 2013 California Mechanical Code, and by Ordinance Number 13-5083, 2013 California Residential Code, to create 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles County Plumbing Code, 2014 Los Angeles County Mechanical Code, and 2014 Los Angeles County Residential Code; and WHEREAS, the City of Temple City finds that further amendments to the 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles Plumbing Code, 2014 Los Angeles Mechanical Code, 2014 Los Angeles Residential Code, 2014 Green Building Standards Code and 2012 International Swimming Pool and Spa Code are necessary because of local climatic, geologic and/or topographic conditions; and WHEREAS, the City of Temple City believes that the findings made by the Los Angeles County Board of Supervisors are applicable to and consistent with the desire of the City of Temple City to provide the most technically proficient and safe construction codes possible; and WHEREAS, the Los Angeles County Building, Electrical, Mechanical, Plumbing Residential, Green Building Standards, and International Swimming Pool and Spa Codes are widely used by cities throughout the County and used by the unincorporated communities within the County of Los Angeles; and Ordinance 13-985 2014 Building Code Adoption by Reference Page 2 of 4 WHEREAS, the Los Angeles County Building Codes and International Swimming Pool and Spa Code are common, well known to contractors, engineers, and architects; and are readily available for purchase; and WHEREAS, the 2014 City of Temple City Building Code shall be comprised of the following codes: the 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles Plumbing Code, 2014 Los Angeles Mechanical Code, 2014 Los Angeles Residential Code, 2014 Green Building Standards Code and the 2012 International Swimming Pool and Spa Code as herein amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds that the foregoing recitations herein describe climatic, geological and topographical characteristics within the City of Temple City, which result in the need to not only adopt by reference the amendment made by the County of Los Angeles to the 2013 California Building Code, 2013 California Electrical Code, 2013 California Plumbing Code, 2013 Mechanical Code, 2013 Residential Code, 2013 California Green Building Standards Code and 2012 International Swimming Pool and Spa Code have been published by the International Code Council and the California Building Standards Commission; and to modify further the 2014 Los Angeles County Building Code, 2014 Los Angeles County Electrical Code, 2014 Los Angeles County Plumbing Code, 2014 Los Angeles County Mechanical Code, 2014 Los Angeles County Residential Code, and 2014 to protect the public health, safety and welfare of the Temple City community. SECTION 2: The City Council hereby finds that the herein adoption of the Los Angeles County Building Code, Los Angeles County Electrical Code, Los Angeles County Plumbing Code, Los Angeles County Mechanical Code, Los Angeles County Residential Code, Los Angeles County Green Building Standards Code and the 2012 International Swimming Pool and Spa Code with amendments, is exempt from further environmental review under the provisions of the California Environmental Quality Act ("CEQA") pursuant to State Guideline Section 15061 (b)(3), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The City Council finds from the evidence presented that it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. SECTION 3: Title 7, Chapter 1 (Building Code) is hereby repealed and replaced with new Title 7, Chapter 1 (Building Code) as shown in Exhibit "A." SECTION 4: Title 7, Chapter 2 (Mechanical Code) is hereby repealed and replaced with new Title 7, Chapter 2 (Mechanical Code) as shown in Exhibit "B." SECTION 5: Title 7, Chapter 3 (Electrical Code) is hereby repealed and replaced with new Title 7, Chapter 3 (Electrical Code) as shown in Exhibit "C." SECTION 6: Title 7, Chapter 4 (Plumbing Code) is hereby repealed and replaced with new Title 7, Chapter 4 (Plumbing Code) as shown in Exhibit "D." SECTION 7: Title 7, Chapter 5 (Residential Code) is hereby repealed and replaced with new Title 7, Chapter 5 (Residential Code) as shown in Exhibit "E." SECTION 8: Title 7, Chapter 6 (Green Building Standards Code) is hereby repealed and replaced with new Title 7, Chapter (Green Building Standards Code) 6 as shown in Exhibit "F." 2 Ordinance 13-985 2014 Building Code Adoption by Reference Page 3 of 4 SECTION 9: Title 7, Chapter 7 (Swimming Pool and Spa Code) is hereby added as shown in Exhibit "G." SECTION 10: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Temple City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrase be declared unconstitutional. SECTION 11: That nothing in this ordinance shall be constructed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right remedy of any character be lost, impaired or affected by this ordinance. SECTION 12: This Ordinance shall be effective on the 31" day after adoption. SECTION 13: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, AND ADOPTED THIS 3'' DAY OF DECEMBER, 2013. MAYOR ATIEST: APPROVED AS TO FORM: City Clerk City Attorney 3 Ordinance 13-985 2014 Building Code Adoption by Reference Page 4 of 4 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13-985 was introduced at the regular meeting of the City Council of the City of Temple City held on the 19'" day of November 2013, its second reading on 3'' day of December, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 3'' day of December, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk 4 SECTION 7100 CODE ADOPTION. EXHIBIT "A" TITLE 7 -CHAPTER 1 BUILDING CODE Chapters 1 through 35, 66, 67, 98, 99, and Appendices I and J of Title 26, of the Los Angeles County Building Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Building Code and may be cited as Title 7, Chapter 1 of the Temple City Municipal Code. SECTION 7101 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Building Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Building Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7102 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 1-1 BUILDING OFFICIAL shall mean the Director of Community Development Department, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( 1) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Department or the Los Angeles County Flood Control District depending on the context. 1-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 7103 CODE SECTION SPECIFICS. 1. Section 100-Adoption by Reference, is deleted 2. Section 101 -Title, Purpose, Intent and Scope are amended and reads as follows: 101.1 Title. Title 7 Building Regulations, Chapter 1 of the City of Temple City Municipal Code shall be known as the Building Code of the City of Temple City, may be cited as such, and will be referred to herein as "these regulations" or "these building standards 11 0r "this code.H 1-3 101.2 Purpose and Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. This Code shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. 101.3 Scope. The provisions of this Code shall apply to the erection, construction, enlargement. alteration, installation, reconstruction, repair, movement, improvement, connection, conversion, demolition, use and occupancy of any building, structure or premises, or portion thereof, and grading within the City. The provisions of this Code shall not apply to work located primarily in a public way other than pedestrian protection structures required by Chapter 33; public utility towers and poles; equipment not specifically regulated in this Code; hydraulic flood control structures; work exempted by Section 1 07.2; or minor work of negligible hazard to life specifically exempted by the building official. Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Section 109 and Chapter 34 of this Code. Detached one-and two family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Title 7, Chapter 5. Except as hereinafter changed or modified, the building standards contained in the International Building Code of the International Code Council, which are published in the California Building Standards Code, are applicable to all occupancies and used throughout the city. Amendments to the building standards contained in the International Building Code by state agencies, are applicable only to occupancies or uses which the state agency making the amendment is authorized to regulate. 1-4 3. Section 103.5-Costs is amended and reads as follows: 103.5 Costs. Any person that violates any provision of this Code shall be responsible for the costs of any and all Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified in Section 115 4. Section 103.6-Work without Permit is added as follows: 1 03.6 Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of this Code, a special investigation shall be made prior to the issuance of the permit. An investigation fee specified as per section 115 shall be collected for each permit so investigated. The investigation fee shall be equal to and in addition to the permit fees specified in section 115, but in no even shall the investigation fee be less than $350. EXCEPTION: When the building official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building Division of the City of Temple City the investigation fee shall be specified as per the section 115. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. For additional provisions applicable to grading, see Appendix J. 5. Section 103.7-Non-Compliance Fee is added as follows: 103.7 Noncompliance Fee. If the building official or duly authorized agent, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. For additional provisions applicable to grading, see Appendix J 6. Subsection 1 04.1 is amended to read as follows: 104.1 Building Division. There is hereby established a division in the Community Development Deportment to be known and designated as the Building Division. 1-5 7. Subsection 104.2.2 is amended to read as follows 1 04.2.2 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division. 8. Subsection 104.2.7 is amended to read as follows: 1 04.2.7 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications, on a case by case basis provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations and that such modification does not lessen any fire protection or other life safety related requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City. A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance. 9. Subsection 104.2.8 is amended to read as follows: 104.2.8 Alternate materials, design and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material, appliances, installation, device, arrangement, method, design or method of construction not specifically prescribed by this Code, provided any such alternate has been approved. The building official may approve on a case by case basis any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of this Code and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance and other life-safety factors, durability, planning and design, energy, material resource efficiency and conservation, environmental air quality, performance, water and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. A written application for use of an alternate material, design or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance. 1-6 10. Section 105 is amended to read as follows: SECTION 105 APPEALS BOARDS 105.1 Technical Interpretations Appeals Board. When a request for an alternate material has been proposed by an applicant and denied by the building officiaL the applicant may appeal the building official's decision to the Technical Interpretations Appeals Board no later than 60 calendar days from the date of the action being appealed from. The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer and two shall be civil or structural engineers, each of whom shall have had at least ten years of experience as an architect, builder, lawyer or structural designer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant lows, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. 105.2 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also known as the California Building Standards Code), and to serve as on advisor to the building official on disabled access matters; there shall be on accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretory to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. 1-7 The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion. 105.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, other than Section 1 02, nor shall the board be empowered to waive requirements of this Code. 1 05.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section. All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing. 11. Section 106 is amended to read as follows: SECTION 106 BUILDING PLAN REQUIREMENTS 106.1 General. When required by the building official to verify compliance with this Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, geological or engineering reports and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by on engineer or architect licensed or registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a building permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction. When authorized by the building official, complete plans and calculations need not be submitted for the following work when information sufficient to clearly define the nature and scope of the work are submitted for review: a. One-story buildings of conventional light-frame construction with a gross floor area not exceeding 600 square feet; b. Work deemed by the building official as minor, small and/or unimportant work. Where deemed necessary by the building official, submittals shall include special inspection requirements as defined in Section 117.5 and structural observation requirements as defined in Section 117.6. Plans, calculations, reports or documents for work regulated by this Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a civil engineer, structural engineer, mechanical engineer, electrical engineer, soils engineer or architect registered or certified to practice in the State of California when required by the California Business and Professions Code. A seal and number shall not 1-8 be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect. For buildings exceeding 160 feet (48.77 m) in height, the structural calculations and each sheet of structural plans shall be prepared under the supervision of and shall bear the signature or approved stamp of a person authorized by the State of California to use the title structural engineer. In addition, all architectural sheets shall bear the signature or approved stamp of an architect licensed by the State of California. All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the plan review requirements of this section. For additional provisions applicable to grading, see Appendix J. 106.2 Architect or Engineer of Record. When it is required that documents be prepared by an architect or engineer, the building official may require the owner to designate on the permit application an architect or engineer who shall act as the architect or engineer of record. 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. 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. 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. 106.3 Information Required on Building Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official, shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner(s) and all persons who were involved in the design and preparation of the plans. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the premises. In lieu of specific details, the building official may approve references on the plans to a specific section or part of this Code, relevant laws, ordinances, rules and/or regulations. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official. When deemed necessary by the building official, the first sheet of each set of plans shall indicate the following information: 1. The building Type of Construction; 1-9 2. Whether fire sprinklers are installed in all or any portion of the building; 3. Existing building areas and areas of all additions; 4. The number of stories of the building; 5. The use of all new and existing rooms and/or areas; 6. The Occupancy Classifications of each occupancy; 7. The Code in effect on the date of plan check submittal. The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to County of Los Angeles. For the application of NPDES permit requirements as they apply to grading plans and permits, see Appendix J of this code. For additional provisions applicable to grading, see Appendix J. l 06.4 Drainage Review Requirement. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan. A site inspection may be required prior to plan check of building plans for lots or parcels in areas having slopes of five horizontal to one vertical (5: l) or steeper when the building official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction. The fee for such inspection shall be as set forth by ordinance or resolution. Such a pre-inspection shall not be required for a building pad graded under the provisions of Appendix J. For additional provisions applicable to grading, see Appendix J. l 06.5 Deferred submittals. For the purposes of this section, 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. 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 for review by the building official. Submittal documents for deferred submittal items shall be submitted to the 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. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. l 06.6 Standard Plans. The building official may approve a set of plans for a building or structure as a "standard plan," provided that the applicant has made proper application and submitted complete sets of plans as required by this section. Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided in this section. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances which have become effective since 1-10 the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds five percent of the value of the building or structure. Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plans may be used again and the plans show compliance with this Code, relevant laws, ordinances, rules and regulations. 106.7 Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official. When requested in writing by the applicant prior to or not more than 90 days after the expiration of the plan check application, the building official may extend the time for action by the applicant. The time for action by the applicant shall not be extended beyond the effective date of a more current Code. Additional hourly fees for plan review shall also be paid to the building official for enforcement of any requirements which were subsequently amended to the Code in effect at the time the plan check extension is requested. Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee. 106.8 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein. 12. Section 107 is amended to read as follows: SECTION 107 BUILDING PERMIT REQUIREMENTS 107.1 Building Permit Required. No person, shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert. demolish, or equip any building, structure, or portion thereof, perform any grading, or cause the same to be done, without first obtaining a separate permit for each such building, structure or grading from the Building Official. The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations. No person shall install, alter, repair, move, improve, remove, connect any automatic fire-protection system regulated by this Code, or cause the same to be done, without 1-11 first obtaining a separate permit for each such building or structure from the building official. All structures and devices installed for the protection of pedestrians, regardless of location, are subject to the permit requirements of this section. For additional provisions applicable to grading, see Appendix J. 107.2 Work Exempted. A building permit shall not be required for the following: 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. Unless otherwise exempted by the City of Temple City Plumbing, Electrical or Mechanical Codes, separate plumbing, electrical and mechanical permits will be required for the below-exempted items. A building permit shall not be required for the following: A. Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies. B. Painting; wallpapering; installing carpet, vinyl. tile and similar floor coverings and repairing broken window glass not required by the Building Code to be safety or security glazing. C. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the gross floor area does not exceed 120 square feet, the height does not exceed 12 feet and the maximum roof projection does not exceed 24 inches. D. Chain-link, wrought-iron and similar fences not more than 12 feet in height. E. Masonry, concrete, wood and similar fences not more than 6 feet in height. Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind. F. Retaining walls that retain not more than 4 feet ( 1219 mm) in height measured from the bottom of the footing to the top of the wall. unless supporting a surcharge or impounding a Class I, II, or Ill-A liquids. G. Ground-mounted radio and television antenna towers that do not exceed 45 feet in height and ground-supported dish antennas not exceeding 15 feet in height above finished grade in any position. H. Light standards that do not exceed 30 feet in height. I. Flagpoles not erected upon a building and not more than 15 feet high. J. A tree house provided that: a. The tree house does not exceed 64 square feet in area or 8 feet in height from floor to roof. b. The ceiling height as established by door height or plate line does not exceed 6 feet. K. Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy and extending not more than 54 inches from the exterior wall of the building. 1-12 L. Temporary Sheds, office trailers or storage containers/buildings, and other structures incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. M. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below and that are not part of an accessible route. N. Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are fewer than 18 inches deep, or do not exceed 5,000 gallons (18,927 L), and are installed entirely above adjacent grade. 0. Playground equipment. P. Membrane structures not regulated by California Title 19, not exceeding 250 square feet in area, used exclusively for residential recreational purposes or as a cover for vehicles, and located in accordance with other City ordinances. Q. Steel tanks supported on a foundation not more than 2 feet (61 0 mm) above grade when the height does not exceed 1'12 times the diameter. R. Gantry cranes and similar equipment. S. Bridges not involving buildings. T. Motion picture, television and theater stage sets and scenery, except when used as a building. U. Oil derricks. 107.3 Application for Permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the City for that purpose. Each such application shall: A. Identify and describe the work to be covered by the permit for which application is made. B. Describe the land on which the proposed work is to be done by lot, block, tract. street address, or similar description that will readily identify and locate the proposed building or work. C. For building plans, show the use and occupancy of all parts of the building. D. Be accompanied by plans and calculations as required in Section 106. E. State the valuation of the proposed work or, for grading, the volume of earth to be handled. F. Give such other information as reasonably may be required by the building official. 107.4 Issuance. The building official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply: A. The work described conforms to the requirements of this Code, relevant laws, ordinances, rules and regulations. B. The fees specified by resolution or ordinance have been paid. C. The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq, if such a permit is required. When the building official issues the permit. the building official shall endorse in writing or stamp on both sets of plans "REVIEWED FOR SUBSTANTIAL COMPLIANCE ONLY". Such stamped plans shall not be changed, modified or altered without authorization from 1-13 the building official, and all work shall be done in accordance with the currently adopted Codes in effect at the time of permit issuance regardless of the information presented on the plans. The approval of the plans shall not be held to permit or to be an approval of any violation of any Federal, State, County or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. One set of approved plans and reports shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress. The building official may issue a permit for the construction of part of a building or structure before the entire plans and calculations for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted. 107.5 Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, relevant laws, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on there under when in violation of this Code, relevant laws, ordinances, rules and regulations. 1 07.6 Expiration of Permit. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void 180 days after the date of the last required building inspection approval by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained. For the purposes of this paragraph, "required building inspection" shall mean those inspections listed in Section 117.4.2, and those inspections specifically identified on the Job Record issued with the building permit. No partial inspection shall meet the definition of "required building inspection." Supplementary permits for electrical, grading, mechanical, plumbing, and reroof shall not expire so long as the associated building permit remains active. No electrical, grading, mechanical, plumbing or reroof inspection shall satisfy the requirement to have a required building inspection as defined in this Section. Where a new building permit is issued to complete work previously started under an expired permit, no permit fees, except for issuance fees, will be collected provided 1) that no changes have been made or will be made in the original plans and 1-14 calculations for such work; 2) the Codes in effect on the issuance dote of the new permit are the same as where in effect on the date the expired permit was issued; and 3) that the duration of time from the date of expired permit issuance or lost required inspection approval, whichever occurred last, has not exceeded one and one-half years. Permit fees, in addition to issuance fees, for the remaining work shall be collected for all permits which do not meet the preceding criteria. All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit. 107.7 Permit Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code, relevant lows, ordinances, rules and regulations whenever the permit was issued in error or on the basis of incorrect information supplied, or in violation of any other laws, ordinances or regulations or any of the provisions of this Code. The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of this Code, where work is being done in violation of the approved plans, where work is being concealed without approval from the building official or where work is not in accordance with the direction of the building official. 107.8 Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of this Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued may request cancellation of the permit. The building official shall thereupon stamp or write on the face of such permit the words, "Cancelled at the request of the applicant." Thereupon such permit shall be null and void and of no effect. All fees except for issuance fees shall be returned to the applicant. 107.9 Transfer of Permit by Applicant. 107.9.1 No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 107.9.2 One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 107.9.3 Permit Duration Remains Unchanged. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit's duration, and shall in no way extend the duration of the preceding, permit. 1-15 13. Section 108 is deleted. 14. Section 109 is amended to read as follows: SECTION 109 USE AND OCCUPANCY 109.1 General. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be mode until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of completed construction has been issued. Upon final of a building permit and at the request of the applicant. a certificate of completed construction shall be issued by the building official for any structure which is ready to occupy. Approval of a building, structure or premises, or portion thereof. for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of completed construction or issuance of a temporary certificate of completed construction) shall not be construed as approval of a violation of the provisions of this Code, relevant laws. ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of this Code, relevant laws. ordinances, rules and/or regulations are not valid. The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof. is in violation of any provision of this Code, relevant laws. ordinances, rules and/or regulations. Any certificate of completed construction or temporary certificate of completed construction so issued shall be surrendered upon request of the building official. 109.2 Unpermitted Structures. No person shall own, use, occupy or maintain any unpermitted structure. 109.3 Change in Use. Changes in the character or use of a building shall not be mode except as specified in Section 3406 of this Code. 109.4 Issuance of a Certificate of Completed Construction. When the building, structure or premises, or portion thereof. has passed final inspection, and when the building, structure or premises complies with this Code, relevant lows, ordinances, rules and regulations. and the required fees hove been paid, the building official. upon request of the applicant, shall issue a certificate of completed construction which shall contain the following: 1 . The building permit number. 2. The address of the building or structure. 3. A description of that portion of the building for which the certificate is issued. 1-16 4. A statement that the described portion of the building was inspected and found to comply with the requirements of this Code, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified. 5. The date the permit was approved. 6. Any other information deemed necessary by the building official. For additional provisions applicable to grading, see Appendix J. 109.5 Issuance of a Temporary Certificate of Completed Construction.!! the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, the building official may issue a temporary certificate of completed construction for the use of a portion or portions of a building, structure or premises, prior to the completion of the entire building, structure or premises, or portion thereof. Such temporary certificate of completed construction shall be valid for a period of time to be specified by the building official. Upon request of the owner or permittee the building official may, in writing, extend the temporary certificate of completed construction when it is determined that the circumstances so warrant. After the expiration of a temporary certificate of completed construction and any extension(s) thereof, the building, structure or premises, or portion thereof, shall not be used or occupied until the building official has approved the building for such use or occupancy. 1 09.6 Posting. The certificate of completed construction shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. EXCEPTION: Group R-3, and Group U Occupancies. 1 09 .6.1 Live Load posted. In new construction, a durable sign that indicates the "live load" shall be required in commercial or industrial buildings where the floor or roof or portion thereof is or has been designed with a live load that exceeds 50 psi. The live load sign shall be posted on that part of each story or roof to which it applies, in a conspicuous place. The live load sign shall be posted as a condition precedent to the issuance of a certificate of completed construction certificate. It shall be unlawful to remove or deface any such sign 109.7 Continued Use of Unpermitted and/or Noncomplying Conditions. When deemed appropriate by the building official, a certificate of continued use of unpermitted and/or noncomplying condition(s) may be issued. The certificate shall not be issued until documentation, satisfactory to the building official, has been provided indicating that 1) the unpermitted and/or noncomplying condition(s) were not created by the current owner, and 2) that the current owner had no knowledge that the conditions were unpermitted and/or noncomplying at the time of purchase. An application shall be completed which states 1) that the continued use of the existing unpermitted construction and or noncomplying conditions is permitted by the 1-17 City only with the owner's understanding that the City in no way assumes responsibility for the method of construction or the materials used; and 2) that it is further understood that this application for continued use is not to be construed as being equivalent in any way to a building permit. An inspection shall then be mode by the building official. Where necessary, permits shall be issued to correct any conditions deemed to pose a potential threat to life, limb or property. Once the inspection[s) hove been mode; all necessary permits hove been obtained, inspected and approved; and all obvious potential threats to life, limb or property hove been corrected, the building official may approve the application for unpermitted construction and or noncomplying condition[s). When approved by the building official, conditions deemed not to pose on potential threat to life, limb or property may be permitted to remain. 15. A new section 114 is added to read: SECTION 114 FACTORY-BUILT HOUSING 114.1. Plans shall be submitted for plan review for all field built portions of factory-built structures which clearly describe all work to be done at the site, including connection and/or anchorage of the factory-built structure to the field built foundation and connection of utilities. Plans shall indicate compliance with this Code, relevant lows, ordinances; rules and regulations for all work which is to be done at the site. 1 6. A new section 115 is added to read as follows: SECTION 115 FEES 115.1 Plan review fees shall be equal to 85 percent of the permit fees and permit fees shall be as adopted by separate resolution and/or ordinance. The determination of value or valuation under any of the provisions of this code shall be mode by the building official. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, pointing, roofing, electrical, plumbing, heating, air conditioning, elevators, fire protection systems and any other permanent work or permanent equipment. Plan checking fees shall be paid at the time of plan review submittal. In addition to the aforementioned fees, the building official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors the port of the applicant. Permit fees shall be paid at the time of permit issuance. 17. A new section 116 is added to read as follows: 1-18 116.1 Permit Refunds. In the event that any person shall hove obtained a permit and no portion of the work or construction covered by such permit shall hove been commenced, and such permit shall hove been cancelled as provided for in Section 1 07 .8, the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant, but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the dote of cancellation or expiration of the permit. 1 1 6.2 Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 90 percent of the plan checking fee shall be refunded. 116.3 Investigation Fee for work without permit. Whenever any work has been commenced without a permit as required by the provisions of Section 106.1 of this code, a special investigation shall be mode prior to the issuance of the permit. An investigation fee shall be collected for each permit so investigated. The investigation fee shall be equal to and in addition to the permit fees specified in the fee resolution, but in no event shall the investigation fee be less than $350.00 18. A new section 1 1 7 is added to read as follows: SECTION 117 INSPECTIONS 1 1 7.1 General. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition to the inspections required to be mode by the building official, certain types of construction shall hove continuous inspection as specified in Chapter 17. Special inspections mode in accordance with Chapter 17 shall not relieve the permit applicant of the responsibility to hove the work inspected and approved by the building official. Approval as a result of on inspection shall not be construed to be on approval of a violation of any provision of this Code, relevant lows, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of this Code, relevant lows, ordinances, rules and regulations shall not be valid. 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 jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a sole access 1-19 path for the inspector to the area of work. Safety precautions may include, but shall not be limited to handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall have the right to refuse to make any inspection in an area which does not have an access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector. It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection. For additional provisions applicable to grading, see Appendix J. 117.2 Inspection Requests. It shall be the duty of the permit holder to notify the Building Official that work authorized by a permit is ready for inspection. 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. It shall be the duty of the person requesting any inspection required by this Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work. For additional provisions applicable to grading, see Appendix J. 117.3 Inspection Record Card. When deemed necessary by the building official, work requiring a permit shall not be commenced until the applicant has posted or otherwise made available an inspection record card so as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall continue to be posted or otherwise made available by the permit holder until final approval of the permit has been granted by the building official. For additional provisions applicable to grading, see Appendix J. 117.4 Work Ready For Inspection. 117.4.1 General. Upon notification from the applicant that the work for which there is a valid permit is ready for inspection, the building official shall be allowed to make all applicable inspections specified in this Code, on the inspection record card and any additional inspections required by the building official. No work shall be approved by the building official which was not completely verified. Partial or spot inspections shall not be performed by the building official, nor shall partial or spot inspection be used as a justification for approving any required inspection. Inspection by a special inspector shall not be made in-lieu of any inspections required to be made by the building official. 1-20 For additional provisions applicable to grading, see Appendix J. 117.4.2 Minimum Inspection Requirements. The following inspections shall not be requested until the associated requirements have been satisfied. A. Foundation inspection: Shall not be requested until all trenches are excavated and forms erected, any required reinforcing steel is in place, and when all materials for the foundation are delivered to the job. All hold own hardware shall be securely installed in place. Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job. Where any fill more than 8 inches in depth is placed, and/or where required by the building official or the soils engineer, compaction tests shall be submitted to the building official prior to requesting inspection. Where required by the soils engineer, foundation trenching shall be reviewed and approved by the soils engineer prior to requesting inspection. B. Concrete slab or under-floor inspection: Shall not be requested until all in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is poured and/or floor sheathing installed, including the subfloor. C. Floor sheathing inspection: Floor sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No walls shall be erected above the floor sheathing. D. Roof sheathing inspection: Roof sheathing inspection shall not be requested until all sheathing is in place; all diaphragm nailing is complete; and all diaphragm ties, chords and/or drag struts have been installed. No portion of the roof sheathing shall be covered by crickets or similar construction. E. Frame inspection: Shall not be requested until after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys, vents and all rough electrical, plumbing and mechanical work are complete. Roof coverings shall not be installed. F. Lath inspection and/or wallboard: Shall not be requested until after all lathing and/or wallboard, interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished. G. Final inspection: Shall not be requested until after finish grading and the building is completed and is ready for occupancy. H. Other Inspections: In addition to the inspections specified above, the building official shall be allowed to make all applicable inspections specified on the 1-21 INSPECTION RECORD card. The building official may also make or require any other inspections of any construction work to ascertain compliance with the provisions of this Code, relevant laws, ordinances, rules and regulations which are enforced by the building official. For the purpose of determining compliance with Section 3403.7, the building official may cause any structure to be re-inspected. For additional provisions applicable to grading, see Appendix J. 117.5 Provisions for Special Inspection. 117.5.1 When Required. In addition to the inspections required elsewhere in this section, the owner shall employ one or more special inspectors who shall provide inspections during construction on the types of work listed under Chapter 17 The special inspector may be employed either directly or through the architect or engineering firm in charge of the design of the structure, or through an independent inspection test firm approved by the building official. EXCEPTION: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature. 117.5.21dentification of Work. When special inspection is required by Section 117.5.1, the architect or engineer of record shall identify on the plans all work which is required to have special inspection. Where the special inspection method(s) to be employed ore not specified elsewhere in this Code, relevant laws, ordinances, rules and/or regulations, the architect or engineer of record shall prepare an inspection program which shall be submitted to and approved by the building official prior to building permit issuance. The special inspector(s) may be employed by the owner, the engineer or architect of record, or an agent of the owner, but shall not be employed by the contractor, the contractor's employees, representatives or agents of the contractor, or any other person performing the work. The architect or engineer of record shall identify, on forms provided by the City, the individual(s) and/or firm(s) who ore to perform any required special inspection, and where an inspection program is required by this section, shall specify the special inspection duties of the special inspector(s). 117.5.3 Qualifications, Requirements and Duties of the Special Inspector. The special inspector shall be approved by the building official prior to performing any inspection duties. The special inspector shall complete an application form provided by the City and shall submit documentation satisfactory to the building official that the special inspector is qualified to make the special inspection(s) for which application is made. The building official shall hove the right to administer a written or verbal examination as deemed appropriate by the building official to verify that the special inspector is 1-22 qualified to perform the inspection duties for which application is mode. A special inspector who foils to pass the examination administered by the building official shall be required to wait a minimum of seven (7) days before submitting a new application to provide special inspection within the City. The building official shall not be required to accept any documentation provided by a special inspector who was not approved by the building official prior to performing inspection duties. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material(s) or work installed, constructed or placed under the review of a special inspector who was not approved by the building official. Failure to be approved by the building official prior to performing any special inspection duties may be considered by the building official as a failure to perform properly and shall allow the building official to refuse to allow the special inspector to perform inspection within the City. The special inspector shall observe the work assigned for conformance with the approved design drawings. The special inspector shall furnish inspection reports to the building official. All observed discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrected, to the proper design authority and to the building official. The special inspector shall submit a final signed report stating that the work requiring special inspection was, to the best of the inspector's knowledge, in conformance with the approved plans and the applicable workmanship provisions of this Code. The building official shall have the right to reject any work performed under the review of a special inspector where the work performed fails to meet the minimum requirements of this Code, relevant laws, ordinances, rules and regulations. Regardless of the information communicated between the permit applicant and the special inspector, all work shall comply with the approved plans and this Code, relevant laws, ordinances, rules and regulations. Upon evidence, satisfactory to the building official, of the failure of a special inspector to perform properly and effectively the duties of said office, the building official may revoke, suspend or refuse to allow the special inspector to perform inspection on sites within the City. Prior to such action, the holder shall be given an opportunity to appear before the building official and be heard. 117.6 Provisions for Structural Observation. When structural observation is required in accordance with the requirements of Chapter 17, the engineer or architect of record shall indicate on the plans what work is required to be observed by the engineer or architect responsible for the structural design, or the engineer or architect responsible for the structural design shall prepare an inspection program and shall name the individuals or firms who are to perform structural observation and describe the stages of 1-23 construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for the submission of observation reports. The program shall be submitted to and approved by the building official prior to building permit issuance. When required by the engineer or architect responsible for the structural design or the building official, the owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or architect responsible for the structural design to perform structural observation as defined in Section 202. When deemed appropriate by the engineer or architect responsible for the structural design, the owner or owner's representative shall coordinate and call a preconstruction meeting between the engineer or architect responsible for the structural design, the structural observer, the contractor, the affected subcontractors and the special inspector(s). The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load systems of the structure and to review scheduling of the required observations. A record of the meeting shall be submitted to the building official. All observed discrepancies shall be brought to the immediate attention of the engineer or architect responsible for the structural design and the contractor for correction; then if unresolved, to the building official. The structural observer shall submit to the building official a written statement at each significant construction stage stating that the required site visits have been made and identifying any reported deficiencies which, to the best of the structural observer's knowledge, have not been resolved. The structural observer shall submit a final signed report stating that the work requiring structural observation was, to the best of the observer's knowledge, in conformance with the approved plans and the applicable workmanship provisions of this Code. 117.7 Required Approvals. No work shall be done on any part of the building structure or premises beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with this Code, relevant laws, ordinances, rules and/or regulations. Any work which does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all work when completed and ready for occupancy. For additional provisions applicable to grading, see Appendix J. 117.8 Site Requirements. A survey of the lot may be required by the building official to verify compliance of the structure with the approved plans. 1-24 117.9 Non-inspected Work. No person shall own, use, occupy or maintain any structure on which non-inspected work has been performed. 117.10 Utility Release. When deemed appropriate by the building official, gas and electric utilities may be released. Release of either utility may be done prior to building final for testing and inspection purposes. The building official shall retain the right to revoke the release of either utility for just cause, and may have either utility disconnected at the earliest availability of the utility purveyor. Attempting to occupy prior to issuance of a certificate of completed construction, whether temporary or final, may be considered as just cause by the building official, and may result in disconnection of the utilities. 1 17.11 Authority to Disconnect Electric Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or wiring, devices or materials installed without permit or found to be a hazard to life, health and/or property. The building official shall have the power to disconnect or to order in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations. The electrical service shall remain disconnected or electrical utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such wiring, devices or materials have been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official. 117.12 Authority to Disconnect Gas Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of gas utility service to buildings, structures, premises, appliances, devices or materials installed without permit or found to be a hazard to life, health and/or property. The building official shall have the power to disconnect or to order in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations. The gas service shall remain disconnected or gas utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such appliances, devices or materials have been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official. 19. A new Section 3301.3 is added to read: 3301.3 On-Site Fencing During Construction. 1-25 3301 .3.1 General. A fence shall be provided any time grading, demolition, or construction work requiring o grading or building permit is performed. The fence shall totally enclose the perimeter of all property. Locking gates may be provided at any location. EXCEPTIONS: 1) When approved by the building official, o fence need not enclose residential property when at least one dwelling is continuously occupied. Approval not to fence the property may be revoked in writing by the building official if the property is found to be unoccupied for any length of time. For the purposes of this exception, continuously occupied is not intended to imply that the occupants must be continuously present. 2) When approved by the building official, the fence may enclose areas other than the perimeter of the property. 3301.3.2 Fence Construction. The fence shall be 6 feet in height measured from adjacent grade on the exterior side of the fence, and constructed from. chain link, lumber, masonry or other approved materials. The fence shall be self-supporting and shall not incorporate structures or fencing on adjacent property without written approval of the adjacent property owner. 3301.3.3 Duration of Fencing. The fence shall be erected prior to start of any grading, demolition, or construction work and shall remain in place until the work for which o grading or building permit is required has been completed. EXCEPTIONS: 1) All or portions of the fence may be removed doily during construction so long as the property is continuously occupied, and all portions of the removed fence ore replaced prior to the property being unoccupied. 2) When approved by the building official, the fence may be removed prior to completion of the grading, demolition, or construction work, if the property is determined by the building official to no longer provide on unsafe or hazardous condition. 3301.3.4 Failure To Comply. If the property is found unfenced and the building official determines that on unsafe or hazardous condition exists, the City may toke action to correct the noncomplying condition by providing the required fence. The building official may then issue o notice to stop work until oil fees incurred by the City to properly fence the property hove been recovered. If such fees hove not been recovered by the City within 30 days, the City may toke action to recover the costs in accordance with the requirements of this Code. 20. Section 9903.2 is amended to read: 9903.2 Any unfinished building or structure which has been in the course of construction on unreasonable period of time, and where the appearance and other conditions of said unfinished building or structure ore such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood, or is otherwise o nuisance, shall be deemed and hereby is declared o substandard building 1-26 For the purposes of this Section, an unreasonable period of time shall be defined as eighteen ( 18) months for residential construction or construction located in a Residential Zone, and thirty-six (36) months for all other construction. For the purpose of the Section, residential construction shall also include detached garages and similar accessory structures which serve a residential structure or are located within a Residential Zone. 21 . Section J 1 03.5 is amended in its entirety to read; J 1 03.5 Grading Fees. Fees shall be assessed in accordance with the provisions of this section. The amount of the fees shall be as specified in Section 115 of this code. J 103.5.1 Plan review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as requires elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the total volume of excavation and fill. J 103.5.2 Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. 22. Section J 1 03.6 is amended in its entirety to read; J 1 03.6 Compliance with Zoning Code. The Building Official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply with the provisions of "Planning and Zoning" of the City of Temple City Municipal Code. 23. Section J 1 05.12 is amended in its entirety to read; J 105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is otherwise required by the Building Official: 1-A certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer's area of responsibility was done in accordance with the final approved grading plan. 2. A report prepared by the Soils Engineer retained to provide such services in accordance with Section J 1 05.4, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. The report shall include a certification by the Soils Engineer that to the best of his or her knowledge, the work within the Soils Engineer's area of responsibility is in accordance with the approved Soils Engineering report and applicable provisions of this chapter. The report shall contain a 1-27 finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. 3. A report prepared by the Engineering Geologist retained to provide such services in accordance with Section J l 05.5, including a final description of the geology of the site and any new information disclosed during the grading and the effect of such new information, if any, on the recommendations incorporated in the approved grading plan. The report shall contain a certification by the Engineering Geologist that, to the best of his or her knowledge, the work within the Engineering Geologists area of responsibility is in accordance with the approved engineering geology report and applicable provisions of this Chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement. or slippage. The report shall contain a final as-built geologic map and cross-sections depicting all the information colleted prior to and during grading, 4. The grading contractor shall certify, on a form prescribed by the Building Official that the grading conforms to the approved plans and specifications SECTION 7104 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7105 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Building Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7106 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7107 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby 1-28 and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7108 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of some to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the some with the California Building Standards Commission. 1-29 SECTION 7200 CODE ADOPTION. EXHIBIT "B" TITLE 7 -CHAPTER 2 MECHANICAL CODE All chapters including Appendices B, C and D of Title 29, of the Los Angeles County Mechanical Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Mechanical Code and may be cited as Title 7, Chapter 2 of the Temple City Municipal Code. SECTION 7201 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Mechanical Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Mechanical Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7202 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be appficable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 2-1 BUILDING OFFICIAL shall mean the Director of Community Development Deportment, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant lows, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Port 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( 1) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State lows and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of lows and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Deportment or the Los Angeles County Flood Control District depending on the context. 2-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 7203 CODE SECTION SPECIFICS. l . Section l 00-Adoption by reference is deleted 2. Section l 01 -Title is amended to read as follows: SECTION 101 -TITLE. Title 7 Building Regulations, Chapter 2 of the City of Temple City Municipal Code shall be known as the Mechanical Code of the City of Temple City, and may be cited as such, and will be referred to herein as "these regulations" or "these standards "or "this Code." 3. Section 1 02 is amended to read as follows: 2-3 SECTION l 02-PURPOSE AND INTENT. The purpose of this Code is to provide minimum standards to preserve the public peace, health and safety by regulating the design, construction, installation, quality of materials, location, operation and maintenance of equipment and appliances as specifically set forth herein. Consistent with this purpose, the provisions of this Code are intended and always hove been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. The Codes adopted by the City shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing low and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions. 4. Section l 03 is amended to read as follows: SECTION l 03-SCOPE. The provisions of this Code shall apply to the erection, alteration, installation, repair, relocation, movement, improvement, removal connection or conversion, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances mechanical equipment and/or appliances or any other mechanical work regulated by this Code within the City. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern. 5. Section l 04 is amended to read as follows: SECTION 104-VIOLATIONS AND PENALTIES 104.1 Compliance with Codes. It shall be unlawful for a person to erect, alter, install, repair, move, improve, remove, connect or convert, or cause the some to be done, contrary to, or in violation of, any of the provisions of this Code. 2-4 1 04.2 Violation. It shall be unlawful for any person to own, use, occupy or maintain any equipment or appliance, or cause the some to be done, contrary to, or in violation of, any of the provisions of this Code. 104.3 Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of o misdemeanor, and each such person shall be guilty of o 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 permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1 ,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this section ore in addition to and independent of any other sanctions, penalties or costs which ore or may be imposed foro violation of any of the provisions of this Code. 104.4 Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of Section 11 1, a special investigation shall be made prior to the issuance of the permit. An investigation fee shall be collected for each permit so investigated. The investigation fee shall be as specified by ordinance or resolution. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. 104.5 Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to o person and that person fails to comply with the order within 15 days following the due dote for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. 6. Section 1 05 is amended to read as follows: SECTION 105-ORGANIZATION AND ENFORCEMENT 1 05.1 Building Division. There is hereby established a division in the City Community Development Department to be known and designated as the Building Division. 1 05.2 Powers And Duties of the Building Official 105.2.1 General. The building official is hereby authorized and directed to enforce all the provisions of this Code, relevant laws, ordinances, rules and regulations; and to make all inspections pursuant to the provisions of this Code, relevant laws, ordinances, rules and regulations. For such purposes, the building official shall have the powers of a law enforcement officer. 2-5 The building official shall have the power to render interpretations of this Code, relevant laws, ordinances, rules and regulations; and to adopt and enforce rules and supplemental regulations in order to clarify the application of the provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this Code. l 05.2.2 The building official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. l 05.2.3 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division. l 05.2.4 Right of entry l 05.2.4.1 Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code, relevant laws, ordinances, rules and/or regulations, or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building, structure or upon any premises any condition which makes such building, structure or premises hazardous, unsafe or dangerous for any reason specified in this Code, relevant laws, ordinances, rules and regulations, the building official or an authorized representative is hereby authorized to enter such premises at any reasonable time and to inspect the same and perform any duty imposed upon the building official by this Code, relevant laws, ordinances, rules and regulations, provided that ( l) if such premises is occupied, the building official shall first present proper credentials to the occupant and request entry explaining the reasons therefore and (2) if such premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the premises cannot be found after due diligence or if entry is refused, the building official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises. l 05.2.4.2 Notwithstanding the foregoing, if the building official or an authorized representative has reasonable cause to believe that the building, structure or premises is so hazardous, unsafe or dangerous 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 premises and may use any reasonable means required to effect such entry and make such inspection, whether such premises is occupied or unoccupied and whether or not permission to inspect has been obtained. If the premises are occupied, the building official shall first present credentials to the occupant and demand entry, explaining the reasons therefore and the purpose of the inspection. l 05.2.4.3 No person shall fail or refuse, after proper demand has been made upon such person as provided in this section, to promptly permit the building official or an authorized representative to make any inspection provided for by Section l 05.2.4.2. 2-6 Any person violating this section shall be guilty of a misdemeanor and subject to the some penalties prescribed in Section 1 04.3. 105.3 Stop Work Orders. Whenever any mechanical work is being done contrary to the provisions of this Code, or other pertinent lows or ordinances implemented through the enforcement of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 105.4 Use violations. Whenever any equipment or appliance or portion thereof is being used contrary to the provisions of this Code, the building official may order such use discontinued. Such person shall immediately discontinue the use. The use shall remain discontinued until the noncomplying condition has been corrected, and inspection and approval has been obtained from the building official. Permits shall be issued where required by this Code. 105.5 Liability. The liability and indemnification of the building official and any subordinates ore governed by the provisions of Division 3.6 of Title I of the Government Code. 105.6 Existing Equipment and Appliances. Existing equipment and/or appliances lawfully installed prior to the effective dote of this Code rnoy hove their existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and is not a hazard to life, health, or property. 105.7 Dangerous Construction, Equipment and Appliances. Whenever it is brought to the attention of the building official that any construction or equipment regulated by this Code is dangerous, unsafe, or a menace to life, health or property or is in violation of this Code, the building official shall hove the authority to make on investigation. The building official shall hove the authority to order any person, firrn or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter change remove or demolish sorne, as he, in his/her discretion may consider necessary for the protection of life, health or property. 105.8 Modifications. Whenever there ore practical difficulties involved in carrying out the provisions of this Code, the building official rnoy grant modifications for individual cases, provided the building official shall first find that a special individual reason rnokes the strict letter of this Code, relevant lows, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant lows, ordinances, rules and regulations and that such modification does not lessen any fire protection or other life safety related requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City. A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance. 2-7 105.9 Alternate materials and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternate has been approved. The building official may approve any such alternate, provided that he or she finds that the proposed design is satisfactory and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. A written application for use of an alternate material or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance. 105.10. Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code, relevant laws, ordinances, rules and/or regulations or evidence that any equipment, appliance, material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require tests as proof of compliance to be made by an approved agency at the expense of the owner or the owner's agent. Test methods shall be as specified by this Code, relevant laws, ordinances, rules and regulations for the material in question. If there are no appropriate test methods specified in this Code, the building official shall determine the test procedure. 105.11 Cooperation of other officials. The building official may request, and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City. 105.12 Service. Whenever this chapter requires a notice to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party(s) as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting a copy of the notice on the building or structure or at the premises. 7. Section 106 is deleted. 8. Section 107 is amended to read as follows: SECTION 107-AMENDMENTS TO ORDINANCES Whenever any reference is made to any other ordinance, such reference shall be deemed to include all future amendments thereto. 9. Section 108 is amended to read as follows: SECTION 108-VALIDITY 2-8 If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, clause or phrase thereof, irrespective of the fact that any one of more sections, sentences, clauses and phrases ore declared invalid. 10. Section 109 is amended to read as follows SECTION 109-APPEALS BOARDS 109.1 Technical interpretations Appeals Boord. When a request for on alternate material has been proposed by on applicant and denied by the building official, the applicant may appeal the building official's decision to the Technical interpretations Appeals Boord no later than 60 days from the dote of the action being appealed from. The board shall consist of five members who ore qualified by experience and training to pass upon matters pertaining to mechanical construction. Two members shall be practicing mechanical engineers; two shall be competent mechanical contractors, one a lawyer, each of whom shall hove hod at least 10 years experience in mechanical design and/or construction or as a lawyer. The building official shall be on ex officio member and shall act as secretory to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases ore in conformity with the intent and purpose of this Code, relevant lows, ordinances, rules and regulations and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant lows, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. 109.2 Accessibility Appeals Boord. In order to conduct the hearings on written appeals regarding action token by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also know as the California Building Standards Code), and to serve as on advisor to the building official on disabled access matters; there shall be on accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be on ex officio member and shall act as secretory to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate 2-9 copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion. 109.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, nor shall the board be empowered to waive requirements of this Code. 109.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section. All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing. 11. Section 110 is amended to read as follows: SECTION 110-MECHANICAL PLAN REQUIREMENTS 11 0.1 General. When required by the building official to verify compliance with this Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a mechanical permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction. Separate Mechanical Code plan review is required for any of the following: A. To verify compliance with State energy requirements when such information is not shown completely on the building plans; B. Installations where the aggregate BTU input capacity for either comfort heating or comfort cooling is more than 500,000 BTU; C. Type I or Type II commercial hoods; D. Parking garage exhaust ventilation systems; E. Product conveying duct system; F. Spray booths; G. Stair pressurization systems; H. Installation of fire dampers, smoke dampers and/or combination smoke/fire dampers; a. Air moving systems supplying air in excess of 2000 elm and where smoke detectors are required in the duct work; 2-10 b. Any installation in a building of Type I-A, Type II-A, Type Ill-A, Type IV or Type V-A fire-resistive construction where penetrations are required of fire- resistive walls, floors or ceilings. Plans, calculations, reports or documents for work regulated by this Code. relevant laws. ordinances, rules and regulations shall bear the seal, signature and number of a mechanical engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as on engineer or architect. ll 0.2 Engineer of Record. When it is required that documents be prepared by an engineer, the building official may require the owner to designate on the permit application an engineer who shall oct as the engineer of record. If the circumstances require, the owner may designate a substitute engineer of record who shall perform all of the duties required of the original engineer of record. The building official shall be notified in writing by the owner if the engineer of record is changed or is unable to continue to perform the duties. The 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. ll 0.3 Information Required on Mechanical plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed. and shall show in detail that the proposed construction will conform to the provisions of this Code and all relevant laws, ordinances. rules and regulations. The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans. Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the mechanical plans shall indicate the following: (a) A complete floor plan showing the location of all proposed mechanical equipment. duct work, vents, etc.; (b) A complete plan showing the layout, diameter and material of all proposed piping; (c) A legend of all symbols used and a list of all abbreviations used; (d) The location of all proposed inlets, outlets, diffusers, etc.; (e) The btu/Hr and/or elm rating of all equipment; (f) Any other information requested by the building official. Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be mode for mechanical piping and similar systems. When deemed necessary by the building official. the first sheet of each set of plans shall indicate the building Type of Construction as defined in the City of Temple City Building Code and the Mechanical Code in effect on the date of plan check submittal. 2-11 110.4 Deferred submittals. For the purposes of this section, 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. Deferral of any submittal items shall have prior approval of the building official. The engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the 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 intended design. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. 110.5 Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be destroyed by the building official. When requested in writing by the applicant prior to or not more than 90 days after the expiration of the plan check application, the building official may extend the time for action by the applicant. The time for action by the applicant shall not be extended beyond the effective date of a more current Code. Additional hourly fees for plan review shall also be paid to the building official for enforcement of any requirements which were subsequently amended to the Code in effect at the time of application. Once an application and any extension thereof have expired, the applicant shall resubmit plans and calculations and pay a new application fee. 110.6 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein. 12. Section 11 1 is amended to read as follows: SECTION 111 -MECHANICAL PERMIT REQUIREMENTS 111.1 Mechanical permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, any mechanical equipment without first obtaining a mechanical permit from the building official. The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations. 2-12 111.2 Work Exempted From Mechanical permit. A mechanical permit shall not be required for the following: (a) Installation of portable appliances or equipment used for heating ventilating, or cooling (refrigeration or evaporative) which does not require either a Building Permit or an Electrical Permit to install; (b) Repair or replacement of steam, hot, or chilled water piping, and refrigeration piping which were previously permitted and inspected under a valid mechanical permit; (c) Repair or replacement of components to a refrigeration system which were previously permitted and inspected under a valid Mechanical permit. (d) Repair or replacement of any component, part or assembly of an appliance which does not alter its original approval and complies with the other applicable requirements of this Code; (e) Any unit refrigerating system. Exemption from the 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 other laws or ordinances. 111.3 Permit Applicant Requirements. A permit shall only be issued to a licensed contractor. Exception; A permit may be issued to a HOMEOWNER (See section 210 for definition of a homeowner) 111.4 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the City for that purpose. Each such application shall: (a) Identify and describe the work to be covered by the permit for which application is made. (b) Describe the land on which the proposed work is to be done by lot, block, tract, street address, or similar description that will readily identify and definitely locate the proposed building or work. (c) Be accompanied by plans and calculations as required in Section 110. (d) Give such other information as reasonably may be required by the building official. 111.5 Issuance. The building official shall issue a perrnit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply: (a) The work described conforms to the requirements of this Code, relevant laws, ordinances, rules and regulations. (b) The fees specified by resolution or ordinance have been paid. (c) The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq., if such a permit is required. When the building official issues the permit, the building official shall endorse in writing or stamp on both sets of plans "REVIEWED FOR SUBSTANTIAL COMPLIANCE ONLY". Such stamped plans shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the Code in effect at the time of permit issuance regardless of the information presented on the plans. The 2-13 approval of the plans shall not be held to permit or to be an approval of any violation of any FederaL State, County, or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. One set of approved plans and reports shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress. 111.6 Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, relevant laws, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on thereunder when in violation of this Code, relevant laws, ordinances, rules and regulations. 111.7 Expiration of Permit. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void 180 days after the date of the last required mechanical inspection approval by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained. Supplementary mechanical permits shall not expire so long as the associated building permit remains active. No permit fees, except for issuance fees, shall be collected provided 1) that no changes have been made or will be made in the original plans and calculations for such work; 2) the Codes in effect on the date of the new permit are the same as for the expired permit; and 3) that the duration of such failure to commence, suspension or abandonment has not exceeded one and one-half years. Permit fees, in addition to issuance fees, for the remaining work shall be collected for all permits which do not meet the preceding criteria. All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit. 111.8 Permit Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code, relevant laws, ordinances, rules and regulations whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Code. The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of this Code, where work is being done in violation of the approved plans, where work is being concealed without approval from 2-14 the building official or where work is not in accordance with the direction of the building official. 111 .9 Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of this Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued can request cancellation of a permit. The building official shall thereupon stamp or write on the face of such permit the words, "Cancelled at the request of the applicant." Thereupon such permit shall be null and void and of no effect. 111 .1 0 Transfer of Permit by Applicant. 111.10.1 No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 111.10.2 One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 111.10.3 Permit Duration. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit duration, and shall not extend the duration of the existing permit. 13. Section 112 is amended to read as follows: SECTION 112 FEES All plan review and permit fees shall be as adopted by separate resolution and/or ordinance. Plan checking fees shall be paid at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance. 13. Section 113 is amended to read as follows: SECTION 113 REFUNDS 113.1 Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled as provided for in Section 111.9, the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant, but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of 2-15 such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. 113.2 Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 90 percent of the plan checking fee shall be refunded. 14. Section 114 is amended to read as follows: SECTION 1141NSPECTIONS 114.1 General. All new mechanical work for which a permit is required shall be subject to inspection by the building official and all such work shall remain accessible and exposed for inspection purposes until approved by the building official. All new mechanical work, and such portions of existing systems as may be affected by new work, or any changes, shall be inspected by the building official to insure compliance with all the requirements of this Code, relevant laws, ordinances, rules or regulations. No work shall be approved by the building official which was not completely verified. Partial or spot inspections shall not be performed by the building official, nor shall partial or spot inspection be used as a justification for approving any required inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of any provision of this Code, relevant laws, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall not be valid. 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 jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a safe access path for the inspector to the area of work. Safety precautions may include, but shall not be limited to handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall have the right to refuse to make any inspection in an area which does not have an access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector. It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection. 2-16 1 14.2 Inspection Requests. 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. 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. It shall be the duty of the person requesting any inspection required by this Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work. 114.3 Special Inspections. Special inspections may be required by the building official on work involving special hazards or conditions and on work requiring extensive, unusual or constant inspection. Special inspections, when necessary, shall be accomplished by the means set forth in the City of Temple City Building Code. 114.4 Required Approvals. No work shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with this Code, relevant laws, ordinances, rules and/or regulations. Any work which does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all work when completed and ready for occupancy. 15. Sections 115 through 118 are deleted. SECTION 7204 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7205 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Mechanical Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7206 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless 2-17 expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7207 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7208 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 2-18 SECTION 7300 CODE ADOPTION. EXHIBIT "C" TITLE 7 -CHAPTER 3 ELECTRICAL CODE Articles 80 through 84, including Appendices A, B, C, D, E, F, G, H, and I of Title27, of the Los Angeles County Electrical Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Electrical Code and may be cited as Title 7, Chapter 3 of the Temple City Municipal Code. SECTION 7301 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Electrical Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Electrical Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7302 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 3-1 BUILDING OFFICIAL shall mean the Director of Community Development Department, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( 1) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Department or the Los Angeles County Flood Control District depending on the context. 3-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement. improvement, removal. connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 7303 CODE SECTION SPECIFICS. l. Section 80-l is amended to read as follows: SEC. 80-l. Title. Title 7 Building Regulations, Chapter 3 of the City of Temple City Municipal Code shall be known as the Electrical Code of the City of Temple City, may be cited as such, and will be referred to herein as "these regulations" or "these standards "or "this Code." 2. Section 80-l .5 is deleted. 3. Section 80-2 is amended to read as follows: 3-3 SECTION. 80-2. Purpose and Intent. The purpose of this Code is to provide minimum standards to preserve the public peace, health and safety by regulating the design, construction, installation, quality of materials, location, operation and maintenance of electrical systems, equipment and appliances as specifically set forth herein. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. The Codes adopted by the City shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions. 4. Section 80-3 is amended to read as follows: SECTION. 80-3 Scope. The provisions of this Code shall apply to the erection, alteration, installation, repair, movement, improvement. removal connection or conversion of any electrical equipment and/or appliances or any other electrical work regulated by this Code within the City. Exception: The provisions of this Code shall not apply to public utilities; or to electrical wiring for street lighting or traffic signals located primarily in a public way; or to mechanical equipment not specifically regulated in this Code. The provisions of this Code shall not apply to any electrical work performed by or for any electrical corporation, telephone corporation, telegraph corporation, railroad corporation or street railroad corporation on or with any electrical equipment owned or controlled and operated, or used by and for the exclusive benefit of, such corporation in the conduit of its business as a public utility, or to any other work which any such corporation may be entitled by law to perform without payment of any local tax; but all provisions of this Code shall apply insofar as they may consistently with the above be applicable to all other electrical work performed by or for any such corporation. The terms "electrical corporation", "telephone corporation", railroad corporation", and "street railroad corporation" are herein used as said terms are respectively defined in the Public Utility Code of the State of California; and such terms shall also be deemed to include similar utilities which are municipally or governmentally owned and operated. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where 3-4 there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern. 5. Section 80-12 is added to read as follows: SEC. 80-12 VIOLATIONS AND PENALTIES Compliance with Codes. It shall be unlawful for a person to erect, alter, install. repair, move, improve, remove, connect or convert, or cause the some to be done, contrary to, or in violation of, any of the provisions of this Code. Violation. It shall be unlawful for any person to own, use, occupy or maintain any equipment or appliance, or cause the same to be done, contrary to, or in violation of. any of the provisions of this Code. Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be 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 permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1 ,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code. Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of Section 81-2(a), a special investigation shall be made prior to the issuance of the permit. An investigation fee shall be collected for each permit so investigated. The investigation fee shall be as specified by ordinance or resolution. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues on order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. 3-5 6. Section 80-13 is added to read as follows: SECTION. 80-13 ORGANIZATION AND ENFORCEMENT Building Division. There is hereby established a division in the City Development Services Department to be known and designated as the Building Division. Powers And Duties of the building official. General. The building official is hereby authorized and directed to enforce all the provisions of this Code, relevant laws, ordinances, rules and regulations; and to make all inspections pursuant to the provisions of this Code, relevant lows, ordinances, rules and regulations. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this Code, relevant laws, ordinances, rules and regulations; and to adopt and enforce rules and supplemental regulations in order to clarify the application of the provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this Code. Guidelines and Policies. The building official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division. Right of entry. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code, relevant lows, ordinances, rules and/or regulations, or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building, structure or upon any premises any condition which makes such building, structure or premises hazardous, unsafe or dangerous for any reason specified in this Code, relevant laws, ordinances, rules and regulations, the building official or an authorized representative is hereby authorized to enter such premises at any reasonable time and to inspect the same and perform any duty imposed upon the building official by this Code, relevant lows, ordinances, rules and regulations, provided that ( 1) if such premises is occupied, the building official shall first present proper credentials to the occupant and request entry explaining the reasons therefore and (2) if such premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the premises cannot be found after due diligence or if entry is refused, the 3-6 building official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises. Notwithstanding the foregoing, if the building official or an authorized representative has reasonable cause to believe that the building, structure or premises is so hazardous, unsafe or dangerous 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 premises and may use any reasonable means required to effect such entry and make such inspection, whether such premises is occupied or unoccupied and whether or not permission to inspect has been obtained. If the premises is occupied, the building official shall first present credentials to the occupant and demand entry, explaining the reasons therefore and the purpose of the inspection. No person shall fail or refuse, after proper demand has been made upon such person as provided in this section, to promptly permit the building official or an authorized representative to make any inspection provided for by this Code. Any person violating this section shall be guilty of a misdemeanor and subject to the same penalties prescribed in Section 80-l2(c). Stop Work Orders. Whenever any electrical work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. Use violations. Whenever any equipment or appliance or portion thereof is being used contrary to the provisions of this Code, the building official may order such use discontinued. Such person shall immediately discontinue the use. The use shall remain discontinued until the noncomplying condition has been corrected, and inspection and approval has been obtained from the building official. Permits shall be issued where required by this Code. Existing Equipment and Appliances. Existing equipment and/or appliances lawfully installed prior to the effective date of this Code may have their existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and is not a hazard to life, health, or property. Dangerous Construction, Equipment and Appliances. Whenever it is brought to the attention of the building official that any construction or equipment regulated by this Code is dangerous, unsafe, or a menace to life, health or property or is in violation of this Code, the building official shall have the authority to make an investigation. The building official shall have the authority to order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter change remove or demolish same, as he, in his/her discretion may consider necessary for the protection of life, health or property. 3-7 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications for individual cases, provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations and that such modification does not lessen any fire protection or other life safety related requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City. A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance. Alternate materials, design and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material, design or method of construction not specifically prescribed by this Code, provided any such alternate has been approved. The building official may approve any such alternate, provided that he or she finds that the proposed design is satisfactory and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. A written application for use of an alternate material or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code, relevant laws, ordinances, rules and/or regulations or evidence that any equipment, appliance, material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require tests as proof of compliance to be made by an approved agency at the expense of the owner or the owner's agent. Test methods shall be as specified by this Code, relevant laws, ordinances, rules and regulations for the material in question. If there are no appropriate test methods specified in this Code, the building official shall determine the test procedure. Cooperation of other officials. The building official may request, and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City. Service. Whenever this chapter requires a notice to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to 3-8 serve such notice when registered or certified letters have been mailed to the address of the interested party(s) as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting a copy of the notice on the building or structure or at the premises. 7. Section 80-14 is added to read as follows: SECTION. 80-14 Amendments to Ordinances. Whenever any reference is made to any other ordinance, such reference shall be deemed to include all future amendments thereto. Section 7304 APPEALS BOARDS 8. Section 80-15 is added to read as follows: SEC. 80-15 Appeals Boards. Technical Interpretations Appeals Board. When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official's decision to the Technical Interpretations Appeals Board no later than 60 days from the date of the action being appealed from The board shall consist of five members who are qualified by experience and training to pass upon matters pertaining to electrical construction. Two members shall be practicing electrical engineers, two shall be competent electrical contractors, one a lawyer, each of whom shall have had at least 10 years experience in electrical design and/or construction or as a lawyer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases are in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also know as the California Building Standards Code), and to serve as an advisor to the building official on disabled 3-9 access matters; there shall be an accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretary to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion. Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, nor shall the board be empowered to waive requirements of this Code. Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section. All requests to appeal determinations, orders or actions of the building official or to seek modifications of previous orders of the appeals boards shall be presented in writing. 9. Article 81 is amended to read as follows: ARTICLE 81 ELECTRICAL PLAN AND PERMIT REQUIREMENTS SECTION. 81-1 Plan Check Requirements. General. When required by the building official to verify compliance with this Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such. Only after the plans have been approved may the applicant apply for an electrical permit for such work. The building official may also require such plans be reviewed by other departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction. Engineer of Record. When it is required that documents be prepared by an engineer, the building official may require the owner to designate on the permit application an 3-10 engineer who shall act as the engineer of record. If the circumstances require, the owner may designate a substitute engineer of record who shall perform all of the duties required of the original engineer of record. The building official shall be notified in writing by the owner if the engineer of record is changed or is unable to continue to perform the duties. The 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. Plan Check Required. Separate Electrical Code plan review is required for any of the following: ( 1) To verify compliance with State energy requirements when such information is not shown completely on the building plans; (2) Any installation of any equipment rated at 400 amperes or larger; (3) Any installation of a subpanel, switchboard or motor control center having a rating of 400 amperes or larger; (4) Any installation of a motor rated more than lO HP; (5) Any installation of a transformer, generator, uninteruptable power supply [UPS), phase converter, capacitor, rectifier or other separately derived system; ( 6) Any installation of a storage batteries; (7) Any installation of equipment rated above 600V; (8) All motion picture theaters; (9) Assembly rooms having an occupant load exceeding 500 occupants; ( 1 0) All gas stations, repair garages and similar locations classified as Hazardous in Chapter 5 of this Code; ( 1 1) Spray booths; ( 12) Installation of lighting fixtures weighing more than 300 pounds; ( 13) Installation of any illuminated sign. ( 14) Any installation in a building of Type I-A, Type II-A, Type Ill-A, Type IV or Type V-A fire-resistive construction where penetrations are required of fire-resistive walls, floors or ceilings. Plans, calculations, reports or documents for work regulated by this Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of an electrical engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect. Information Required on Electrical Plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans. 3-11 Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the electrical plans shall indicate the following: ( 1) A complete floor plan showing the location of the proposed service and all proposed subpanels, switchboards, panelboards and/or motor control centers. All required working space dimensions shall also be indicated where required by the building official; (2) A complete plan showing the layout, conductor size and insulation type for all proposed electric wiring in all parts of the building or structure; (3) A legend of all symbols used and a list of all abbreviations used; (4) A complete single line diagram with complete system grounding, water pipe bonding and other metal pipe bonding as required by the building official; ( 5) The location of all proposed outlet boxes for switches, lights, receptacles and similar devices in all parts of the building or structure; ( 6) The location, voltage and wattage or ampere rating for each noninductive piece of equipment; (7) The location, voltage and wattage or ampere rating for each transformers, capacitor, ballast, converter, frequency changer and/or similar equipment; (8) The location, voltage and horsepower rating for all motors, generators and similar equipment; (9) The horsepower rating for all disconnects protecting more than one motor or protecting any piece of HVAC equipment containing more than one motor; ( 1 0) Panel schedules for all proposed subpanels and similar equipment; ( 11) Lighting fixture schedule; ( 12) Any other information requested by the building official. Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. When deemed necessary by the building official, the first sheet of each set of plans shall indicate the building Type of Construction as defined in the City of Temple City Building Code and the Electrical Code in effect on the date of plan check submittal. Deferred submittals. For the purposes of this section, 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. Deferral of any submittal items shall have prior approval of the building official. The engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the 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 intended design. The 3-12 deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be destroyed by the building official. When requested in writing by the applicant prior to or not more than 90 days after the expiration of the plan check application, the building official may extend the time for action by the applicant. The time for action by the applicant shall not be extended beyond the effective date of a more current Code. Additional hourly fees for plan review shall also be paid to the building official for enforcement of any requirements which were subsequently amended to the Code in effect at the time of application. Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee. Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein. SECTION. 81-2 Electrical Permit Requirements. Electrical Permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, any electrical equipment without first obtaining an electrical permit from the building official. The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations. Work Exempted From Electrical Permit. An Electrical Permit shall not be required for the following: ( 1) Minor repair work such as the replacement of lamps, switches, receptacle devices and sockets which were previously permitted and inspected under a valid electrical permit; (2) Connection of portable generators, portable motors, appliances, tools, power outlets and other portable equipment connected by means of a cord or cable having an attachment plug to a permanently installed receptacle which. was previously permitted and inspected under a valid electrical permit; (3) Repair or replacement of overcurrent devices; (4) The wiring for temporary theater, motion picture or television stage sets; (5) The repair or replacement of ground, slab, floor or roof mounted fixed motors or appliances of the same type and rating in the same location and which were 3-13 previously permitted and inspected under a valid electrical permit. Note: Suspended or wall mounted equipment may be exempted from electrical permit requirements only after documentation has been submitted to and reviewed by the building official for adequate seismic anchorage. Separate building permit(s) may be required; (6) That portion of electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy; (7) That portion of telephone, intercom, sound, alarm, control, communication and/or signal wiring that is not an integral part of an appliance, and which operates at 30 volts or less. Note: Separate permit may be required from the Fire Department; (8) Temporary decorative lighting which is not installed for more than 90 days; (9) The installation of temporary wiring for testing or experimental purposes within suitable facilities specifically approved by the building official for such use. Exemption from the 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 other laws or ordinances. Permit Applicant Requirements. A permit shall only be issued to a licensed contractor. Exception; A permit may be issued to a HOMEOWNER (See section 80-ll for definition of a homeowner) Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the City for that purpose. Each such application shall: ( l) 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 lot, block, tract, street address, or similar description that will readily identify and definitely locate the proposed building or work. (3) Be accompanied by plans and calculations as required in Section 81-l. (4) Give such other information as reasonably may be required by the building official. Issuance. The building official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply: (l) The work described conforms to the requirements of this Code, relevant laws, ordinances, rules and regulations. (2) The fees specified by resolution or ordinance have been paid. (3) The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq., if such a permit is required. The Building Official may refuse to issue a permit for temporary or permanent service when there is no apparent legally permitted use for the service. In determining whether a proposed use legally permitted, the Building Official may consider not just the provisions of the Electrical Code but all applicable statutes, ordinances, rules and regulations. 3-14 When the building official issues the permit, the building official shall endorse in writing or stamp on both sets of plans "REVIEWED FOR SUBSTANTIAL COMPLIANCE ONLY". Such stamped plans shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the Code in effect at the time of permit issuance regardless of the information presented on the plans. The approval of the plans shall not be held to permit or to be an approval of any violation of any Federal, State, County, or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. One set of approved plans and reports shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress. Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, relevant laws, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on thereunder when in violation of this Code, relevant laws, ordinances, rules and regulations. Expiration of Permit. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void 180 days after the date of the last required electrical inspection approval by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained. Supplementary electrical permits shall not expire so long as the associated building permit remains active. No permit fees, except for issuance fees, shall be collected provided 1) that no changes have been made or will be made in the original plans and calculations for such work; 2) the Codes in effect on the date of the new permit are the same as for the expired permit; and 3) that the duration of such failure to commence, suspension or abandonment has not exceeded one and one-half years. Permit fees, in addition to issuance fees, for the remaining work shall be collected for all permits which do not meet the preceding criteria. All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit. Permit Suspension or Revocation. The building officio! may, in writing, suspend or revoke a permit issued under the provisions of this Code, relevant laws, ordinances, rules and 3-15 regulations whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Code. The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of this Code, where work is being done in violation of the approved plans, where work is being concealed without approval from the building official or where work is not in accordance with the direction of the building official. Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of this Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued can request cancellation of a permit. The building official shall thereupon stamp or write on the face of such permit the words, "Cancelled at the request of the applicant." Thereupon such permit shall be null and void and of no effect. Transfer of Permit by Applicant. ( 1) No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. (2) One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. (3) Permit Duration. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit duration, and shall not extend the duration of the existing permit. SECTION. 81-3 Fees. All plan review and permit fees shall be as adopted by separate resolution and/or ordinance. Plan checking fees shall be paid at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance. SECTION. 81-4 Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled as provided for in Section 81-2(i), the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant, but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. 3-16 SECTION. 81-5. Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 90 percent of the plan checking fee shall be refunded. 1 0. Article 82 is amended to read as follows: ARTICLE 82 INSPECTIONS. SEC. 82-1 General. All new electrical work for which a permit is required shall be subject to inspection by the building official and all such work shall remain accessible and exposed for inspection purposes until approved by the building official. All new electrical work, and such portions of existing systems as may be affected by new work, or any changes, shall be inspected by the building official to insure compliance with all the requirements of this Code, relevant laws, ordinances, rules or regulations. No work shall be approved by the building official which was not completely verified. Partial or spot inspections shall not be performed by the building official. nor shall partial or spot inspection be used as a justification for approving any required inspection. Approval as a result of an inspection shall not be construed to be on approval of a violation of any provision of this Code, relevant lows, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of this Code, relevant lows, ordinances, rules and regulations shall not be valid. 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 jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a safe access path for the inspector to the area of work. Safety precautions may include, but shall not be limited to handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall hove the right to refuse to make any inspection in on area which does not hove on access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector. It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection. SECTION. 82-2 Inspection Requests. 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 3-17 inspection. 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. It shall be the duty of the person requesting any inspection required by this Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work. SECTION. 82-3 Special Inspections. Special inspections may be required by the building official on work involving special hazards or conditions and on work requiring extensive, unusual or constant inspection. Special inspections, when necessary, shall be accomplished by the means set forth in the City of Temple City Building Code. SECTION. 82-4 Required Approvals. No work shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with this Code, relevant lows, ordinances, rules and/or regulations. Any work which does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all work when completed and ready for occupancy. SECTION. 82-5 Electrical Utility Release. When deemed appropriate by the building officiaL electric utilities may be released. Release of electric utility may be done prior to building final for testing and inspection purposes. The building official shall retain the right to revoke the release of electric utility for just cause, and may hove the utility disconnected at the earliest availability of the utility purveyor. Attempting to occupy prior to issuance of a certificate of completed construction, whether temporary or finaL may be considered as just cause by the building official, and may result in disconnection of the utilities. It shall be unlawful to energize or cause or permit to be energized any electrical wiring coming under the provisions of this Code, until such electrical wiring shall have been inspected and approved by the building official. Provided, however, that temporary permission may be given to furnish electric current to, or the use of electric current through any electrical wiring for a length of time not exceeding 30 days, or other reasonable period if it appears to the building official that such electrical wiring may be used safely for such purpose, and that there exists an urgent necessity for such use. SECTION. 82-6 Authority to Disconnect Electric Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of electric utility service to buildings, structures or premises, or portions thereof, or wiring, devices or materials installed without permit or found to be a hazard to life, health and/or property. 3-18 The building official shall have the power to disconnect or to order in writing the discontinuance of electric utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations The electrical service shall remain disconnected or electrical utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such wiring devices or materials has been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official. 11. Section 83-7 is amended to read as follows: SEC. 83-7 Electrical Testing Certification. Electrical testing certifications intended to meet the listing and labeling requirements of this Code will be accepted as complying with the requirements of this Code only when such certifications have been issued by either the City of Los Angeles or the County of Los Angeles. 12. Section 83-8 is deleted. 13. Article 84 is deleted. SECTION 7304 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7305 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Electrical Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7306 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7307 SEVERABILITY OF PROVISIONS. 3-19 If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7308 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 3-20 SECTION 7400 CODE ADOPTION. EXHIBIT "D" TITLE 7 -CHAPTER 4 PLUMBING CODE All chapters including appendices A B, D, H, I, and J of Title 28, of the Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Plumbing Code and may be cited as Title 7, Chapter 4 of the Temple City Municipal Code. SECTION 7401 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Plumbing Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Plumbing Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7402 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 4-1 BUILDING OFFICIAL shall mean the Director of Community Development Deportment, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant lows, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Port 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( 1) Fabrication on on off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State lows and regulations by the issuance of on insignia; (2) the bearing of the State insignia and which hove not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of lows and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Deportment or the Los Angeles County Flood Control District depending on the context. 4-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof. that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 7103 CODE SECTION SPECIFICS. 1. Section 100 is deleted. 2. Section 101.1 is amended to read as follows: Section 101.1 TITLE. Title 7 Building Regulations, Chapter 4 of the City of Temple City Municipal Code shall be known as the Plumbing Code of the City of Temple City, may be cited as such, and will be referred to herein as "these regulations" or "these standards "or "this Code." 3. Section 1 01.2 is amended to read as follows: 4-3 SECTION 101.2 PURPOSE AND INTENT. The purpose of this Code is to provide minimum standards to preserve the public peace, health and safety by regulating the design, construction, installation, quality of materials, location, operation and maintenance of equipment and appliances as specifically set forth herein. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. The Codes adopted by the City shall not be construed to hold the City or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions. 4. Section 101.3 is amended to read as follows: SECTION 101.3 SCOPE. The provisions of this Code shall apply to the erection, alteration, installation, repair, movement, improvement. removal connection or conversion of any plumbing equipment and/or appliances or any other plumbing work regulated by this Code within the City. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event any differences in requirements exist between the accessibility requirements of this Code and the accessibility requirements of the California Code of Regulations, Title 24 (also referred to as the California Building Standards Code), then the California Code of Regulations shall govern. Where the requirements of this Code conflict with the requirements of Mechanical Code of the City of Temple City, this Code shall prevail. 5. Section 101.4 is amended to read as follows: SECTION 101.4 VIOLATIONS AND PENALTIES 101.4.1 Compliance with Codes. It shall be unlawful for a person to erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code. 4-4 101.4.2 Violation. It shall be unlawful for any person to own, use, occupy or maintain any equipment or appliance, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code. 101.4.3 Penalty. Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be 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 permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1 ,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code. 101.4.4 Work without Permit. Whenever any work has been commenced without a permit as required by the provisions of Section 103.1, a special investigation shall be made prior to the issuance of the permit. An investigation fee shall be collected for each permit so investigated. The investigation fee shall be as specified by ordinance or resolution. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. 101.4.5 Noncompliance Fee. If the building official, in the course of enforcing the provisions of this Code or any State law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the building official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. 6. Section 101.5 is amended to read as follows: SECTION 101.5 ORGANIZATION AND ENFORCEMENT 101.5.1 Building Division. There is hereby established a division in the Community Development Department to be known and designated as the Building Division. 1 0 1.5.2 Powers And Duties of the building official 1 01.5.2.1 General. The building official is hereby authorized and directed to enforce all the provisions of this Code, relevant laws, ordinances, rules and regulations; and to make all inspections pursuant to the provisions of this Code, relevant laws, ordinances, rules and regulations. For such purposes, the building official shall have the powers of a law enforcement officer. 4-5 The building official shall have the power to render interpretations of this Code, relevant laws, ordinances, rules and regulations; and to adopt and enforce rules and supplemental regulations in order to clarify the application of the provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this Code. 1 01 .5.2.2 The building official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. 1 01.5.2.3 Deputies. With the approval of the City Council, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The building official may deputize such employees as may be necessary to carry out the functions of the Building Division. 1 01 .5.2.4 Right of entry 1 01.5.2.4.1 Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code, relevant laws, ordinances, rules and/or regulations, or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building, structure or upon any premises any condition which makes such building, structure or premises hazardous, unsafe or dangerous for any reason specified in this Code, relevant laws, ordinances, rules and regulations, the building official or an authorized representative is hereby authorized to enter such premises at any reasonable time and to inspect the same and perform any duty imposed upon the building official by this Code, relevant laws, ordinances, rules and regulations, provided that ( 1) if such premises is occupied, the building official shall first present proper credentials to the occupant and request entry explaining the reasons therefore and (2) if such premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the premises cannot be found after due diligence or if entry is refused, the building official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises. 1 01.5.2.4.2 Notwithstanding the foregoing, if the building official or an authorized representative has reasonable cause to believe that the building, structure or premises is so hazardous, unsafe or dangerous 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 premises and may use any reasonable means required to effect such entry and make such inspection, whether such premises is occupied or unoccupied and whether or not permission to inspect has been obtained. If the premises are occupied, the building official shall first present credentials to the occupant and demand entry, explaining the reasons therefore and the purpose of the inspection. 4-6 1 01.5.2.4.3 No person shall fail or refuse, after proper demand has been made upon such person as provided in this section, to promptly permit the building official or an authorized representative to make any inspection provided for by Section 1 01.5.2.4.2. Any person violating this section shall be guilty of a misdemeanor and subject to the same penalties prescribed in Section 1 0 1.4.3. 101.5.3 Stop Work Orders. Whenever any plumbing work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 101.5.4 Use violations. Whenever any equipment or appliance or portion thereof is being used contrary to the provisions of this Code, the building official may order such use discontinued. Such person shall immediately discontinue the use. The use shall remain discontinued until the noncomplying condition has been corrected, and inspection and approval has been obtained from the building official. Permits shall be issued where required by this Code. 101.5.5 Liability. The liability and indemnification of the building official and any subordinates are governed by the provisions of Division 3.6 of Title I of the Government Code. 101.5.6 Existing Equipment, Appliances and Fixtures. Existing equipment, appliances and/or fixtures lawfully installed prior to the effective date of this Code may have their existing use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and is not a hazard to life, health, or property. 101.5.7 Dangerous Construction, Equipment, Appliances and Fixtures. Whenever it is brought to the attention of the building official that any construction, equipment, appliances and/or fixtures regulated by this Code is dangerous, unsafe, or a menace to life, health or property or is in violation of this Code, the building official shall have the authority to make an investigation. The building official shall have the authority to order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter change remove or demolish same, as he, in his/her discretion may consider necessary for the protection of life, health or property. 101.5.8 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications for individual cases, provided the building official shall first find that a special individual reason makes the strict letter of this Code, relevant laws, ordinances, rules and regulations impractical and that the modification is in conformity with the spirit and purpose of this Code, relevant laws, ordinances, rules and regulations and that such modification does not lessen any fire protection or other life safety related requirements or any degree of 4-7 structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the City. A written application for the granting of such modifications shall be submitted together with a filing fee established by separate fee resolution or ordinance. 101.5.9 Alternate materials and methods of construction. The provisions of this Code, relevant laws, ordinances, rules and regulations are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternate has been approved. The building official may approve any such alternate, provided that he or she finds that the proposed design is satisfactory and finds that the material. method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. A written application for use of an alternate material or method of construction shall be submitted together with a filing fee established by separate fee resolution or ordinance. 101.5.1 0. Tests. Whenever there is insufficient evidence of compliance with the provisions of this Code, relevant laws, ordinances, rules and/or regulations or evidence that any equipment, appliance, material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the building official may require tests as proof of compliance to be made by an approved agency at the expense of the owner or the owner's agent. Test methods shall be as specified by this Code, relevant laws, ordinances, rules and regulations for the material in question. If there are no appropriate test methods specified in this Code, the building official shall determine the test procedure. 101.5.11 Cooperation of other officials. The building official may request, and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City. 101.5.12 Service. Whenever this chapter requires a notice to be served by personal service or by registered or certified mail. it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party(s) as shown on the official record and on the record of the County Assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting a copy of the notice on the building or structure or at the premises. 4-8 7. Section 101.7 is amended to read as follows: SECTION 101.7 AMENDMENTS TO ORDINANCES Whenever any reference is mode to any other ordinance, such reference shall be deemed to include all future amendments thereto. 8. Section 1 01.8 is amended to read as follows: SECTION 101.8 VALIDITY If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, clause or phrase thereof, irrespective of the fact that any one of more sections, sentences, clauses and phrases ore declared invalid. 9. Section 101.9 is amended to read as follows: SECTION 101.9 APPEALS BOARDS 101.9.1 Technical Interpretations Appeals Boord. When a request for an alternate material has been proposed by an applicant and denied by the building official, the applicant may appeal the building official's decision to the Technical Interpretations Appeals Board no later than 60 days from the date of the action being appealed from .. The board shall consist of five members who ore qualified by experience and training to pass upon matters pertaining to plumbing construction. Two members shall be practicing plumbing engineers; two shall be competent plumbing contractors, one a lawyer, each of whom shall have hod at least 1 0 years experience in plumbing design and/or construction or as a lawyer. The building official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations. The board shall establish that the approval for alternate materials and the modifications granted for individual cases ore in conformity with the intent and purpose of this Code, relevant laws, ordinances, rules and regulations and that such alternate material, modification or method of work offered is at least the equivalent of that prescribed in this Code, relevant laws, ordinances, rules and regulations in quality, strength, effectiveness, fire resistance, durability, safety and sanitation and does not lessen any fire-protection requirements or any degree of structural integrity. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. 101.9.2 Accessibility Appeals Boord. In order to conduct the hearings on written appeals regarding action taken by the building official concerning accessibility and to ratify 4-9 certain exempting actions of the building official in enforcing the accessibility requirements of the California Code of Regulations, Title 24 (also know as the California Building Standards Code), and to serve as an advisor to the building official on disabled access matters; there shall be an accessibility appeals board consisting of five members. Two members of the appeals board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The building official shall be an ex officio member and shall act as secretary to the board. The members of the accessibility appeals board shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its actions. The board shall establish that the access matter under review is in conformity with the intent and purpose of California Code of Regulations, Title 24, and this Code. The board shall document all decisions and findings in writing to the building official with a duplicate copy to the applicant, and the board may recommend to the City Council such new legislation as is consistent therewith. The appeals board may approve or disapprove interpretations and enforcement actions taken by the building official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the building official in the absence of fraud or prejudicial abuse of discretion. 101.9.3 Limitations of Authority. Neither the Technical Interpretations Appeals Board nor the Accessibility Appeals Board shall have authority relative to interpretation of the administrative portions of this Code, nor shall the board be empowered to waive requirements of this Code. 101.9.4 Appeals Board Fees. A filing fee established by separate fee resolution or ordinance shall be paid to the building official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section. All requests to appeal determinations, orders or actions of the building official, or to seek modifications of previous orders of the appeals boards shall be presented in writing. 10. Subsection 101.10 is deleted. 11. Section 102 is amended to read as follows: SECTION 102 PLUMBING PLAN REQUIREMENTS 1 02.1 General. When required by the building official to verify compliance with this Code, relevant laws, ordinances, rules and regulations; plans and, when deemed necessary by the building official, calculations, and other required data shall be submitted for plan review. The building official may require plans and calculations to be prepared by an engineer registered by the State to practice as such. Only after the plans have been approved may the applicant apply for a plumbing permit for such work. The building official may also require such plans be reviewed by other 4-10 departments and/or divisions of the City to verify compliance with the laws and ordinances under their jurisdiction. Separate Plumbing Code plan review is required for any of the following: (a) For any restaurant which requires a grease trap or a grease interceptor; (b) Any facility which requires a sand/grease clarifier; (c) Plumbing Systems with more than 216 waste fixture units; (d) Potable water supply piping required to be 2" or larger; (e) Fuel gas piping required to be 2" or larger; (f) Fuel gas piping containing medium-or high-pressure gas; (g) Combination waste and vent systems; (h) Plumbing fixtures located below the next upstream manhole or below the sewer main; (i) Chemical waste systems: (j) Rainwater system employing a sump pump; (k) Grey water systems: (I) Any type of sewer ejection system or lift station; (m) Any installation in a building of Type 1-A Type II-A Type Ill-A Type IV or Type V-A fire-resistive construction where penetrations are required of fire-resistive walls, floors or ceilings. Plans, calculations, reports or documents for work regulated by this Code, relevant laws, ordinances, rules and regulations shall bear the seal, signature and number of a plumbing engineer when required by the California Business and Professions Code. A seal and number shall not be required for work authorized by the said article to be performed by a person not registered or certified as an engineer or architect. l 02.2 Engineer of Record. When it is required that documents be prepared by an engineer, the building official may require the owner to designate on the permit application an engineer who shall act as the engineer of record. If the circumstances require, the owner may designate a substitute engineer of record who shall perform all of the duties required of the original engineer of record. The building official shall be notified in writing by the owner if the engineer of record is changed or is unable to continue to perform the duties. The 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. l 02.3 Information Required on Plumbing plans. Plans shall be drawn to scale upon substantial paper or other material suitable to the building official shall be of sufficient clarity to indicate the nature and scope of the work proposed, and shall show in detail that the proposed construction will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the street address of the proposed work and the name, address and telephone number of the owner and all persons who were involved in the design and preparation of the plans. 4-11 Where the scope of the proposed work involves the following, unless otherwise approved by the building official, the plumbing plans shall indicate the following: (a) A complete floor plan showing the location of all proposed plumbing fixtures; (b) A complete plan showing the layout, diameter and material of all proposed piping; (c) A legend of all symbols used and a list of all abbreviations used; (d) Any other information requested by the building official. Plans for buildings more than two stories in height of other than Group R-3 and Group U Occupancies shall indicate how required fire-resistive integrity will be maintained where a penetration will be made for plumbing piping and similar systems. When deemed necessary by the building official, the first sheet of each set of plans shall indicate the building Type of Construction as defined in the City of Temple City Building Code and the Plumbing Code in effect on the date of plan check submittal. 102.4 Deferred submittals. For the purposes of this section, 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. Deferral of any submittal items shall have prior approval of the building official. The engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the 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 intended design. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. 102.5 Expiration of Plan Check Applications. Plan check applications for which no permit is issued within one year following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be destroyed by the building official. When requested in writing by the applicant prior to or not more than 90 days after the expiration of the plan check application, the building official may extend the time for action by the applicant. The time for action by the applicant shall not be extended beyond the effective date of a more current Code. Additional hourly fees for plan review shall also be paid to the building official for enforcement of any requirements which were subsequently amended to the Code in effect at the time of application. Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee. 4-12 102.6 Retention of Plans. One set of approved plans, calculations and reports shall be retained by the building official. Except as required by Section 19850 of the Health and Safety Code, the building official shall retain such set of the approved plans, calculations and reports for a period of not less than 90 days from date of completion of the work covered therein. 12. Section 1 03 is amended to read as follows: SECTION 103 PLUMBING PERMIT REQUIREMENTS 103.1 Plumbing permit Required. No person shall erect, alter, install, repair, move, improve, remove, connect or convert, or cause the same to be done, to any plumbing equipment or fixtures without first obtaining a plumbing permit from the building official. A Plumbing Permit is required for any installation, alteration, reconstruction or repair of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping (potable or nonpotable but which is connected to a potable water source) or gas piping located within or on any building, structure or premises. Exceptions: (a) Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping. (b) Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks. (c) Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. Exemption from the 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 other laws or ordinances. The issuance of a permit without first requiring a plan review shall not prevent the building official from requesting plans deemed necessary to verify that the work performed under said permit complies with this Code and all relevant laws, ordinances, rules and regulations. 103.2 Permit Applicant Requirements. A permit shall only be issued to a licensed contractor. Exception; A permit may be issued to a HOMEOWNER (see section 210 for definition of a homeowner) 103.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the City for that purpose. Each such application shall: 4-13 (a) Identify and describe the work to be covered by the permit for which application is mode. (b) Describe the land on which the proposed work is to be done by lot, block, tract street address, or similar description that will readily identify and definitely locate the proposed building or work. (c) Be accompanied by plans and calculations as required in Section 1 02. (d) Give such other information as reasonably may be required by the building official. 103.4 Issuance. The building official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the building official is satisfied that all of the following items comply: (a) The work described conforms to the requirements of this Code, relevant laws, ordinances, rules and regulations. (b) The fees specified by resolution or ordinance have been paid. (c) The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq., if such a permit is required. When the building official issues the permit, the building official shall endorse in writing or stamp on both sets of plans "REVIEWED FOR SUBSTANTIAL COMPLIANCE ONLY". Such stamped plans shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the Code in effect at the time of permit issuance regardless of the information presented on the plans. The approval of the plans shall not be held to permit or to be an approval of any violation of any Federal, State, County, or City laws or ordinances. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. One set of approved plans and reports shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress. 103.5 Permit Validity. The issuance or granting of a permit or approval of plans and calculations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, relevant lows, ordinances, rules and regulations. No permit presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and calculations shall not prevent the building official from thereafter requiring the correction of errors in said plans and calculations or from preventing building operations being carried on there under when in violation of this Code, relevant laws, ordinances, rules and regulations. 1 03.6 Expiration of Permit. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void 180 days after the dote of the last required plumbing inspection approval by the building official or if work authorized by such permit is not commenced within one year from the issuance date of such permit. Before such work can be commenced or recommenced, a new permit shall be first obtained. 4-14 Supplementary plumbing permits shall not expire so long as the associated building permit remains active. No permit fees, except for issuance fees, shall be collected provided 1) that no changes have been made or will be made in the original plans and calculations for such work; 2) the Codes in effect on the date of the new permit are the same as for the expired permit; and 3) that the duration of such failure to commence, suspension or abandonment has not exceeded one and one-half years. Permit fees, in addition to issuance fees, for the remaining work shall be collected for all permits which do not meet the preceding criteria. All work to be performed under the new permit must be done in accordance with the Building Code in effect on the date of issuance of the new permit. 1 03.7 Permit Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code, relevant laws, ordinances, rules and regulations whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Code. The building official may also, in writing, withhold inspections, suspend or revoke a permit where work is being done in violation of this Code, where work is being done in violation of the approved plans, where work is being concealed without approval from the building official or where work is not in accordance with the direction of the building official. 103.8 Cancellation of Permit by Applicant. If no portion of the work or construction covered by a permit issued by the building official under the provisions of this Code, relevant laws, ordinances, rules and regulations has been commenced, the person to whom such permit has been issued may deliver such permit to the building official with a request that such permit be cancelled. Only the person to whom such permit was issued can request cancellation of a permit. The building official shall thereupon stamp or write on the face of such permit the words, "Cancelled at the request of the applicant." Thereupon such permit shall be null and void and of no effect. 103.9 Transfer of Permit by Applicant. 103.9.1 No Inspection Performed. When requested in writing by the person to whom the permit was issued, a permit may be transferred from the person to whom the permit was issued to a new individual. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 103.9.2 One or More Inspection Performed. Permits may be transferred to any individual upon completion of a new application. Fee credit shall be given where deemed appropriate by the building official and new fees shall be paid as required by ordinance or resolution. 4-15 103.9.3 Permit Duration. Transfer of a permit shall be considered a continuation of the previous permit when determining the permit duration, and shall not extend the duration of the existing permit. 13. Section 104 is amended to read as follows: SECTION 104 INSPECTIONS 1 04.1 General. All new plumbing work for which a permit is required shall be subject to inspection by the building official and all such work shall remain accessible and exposed for inspection purposes until approved by the building official. All new plumbing work, and such portions of existing systems as may be affected by new work, or any changes, shall be inspected by the building official to insure compliance with all the requirements of this Code, relevant laws, ordinances, rules or regulations. No work shall be approved by the building official which was not completely verified. Partial or spot inspections shall not be performed by the building official, nor shall partial or spot inspection be used as a justification for approving any required inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of any provision of this Code, relevant laws, ordinances, rules or regulations. Inspections presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and regulations shall not be valid. 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 jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. It shall be the duty of the permit applicant to provide access for the inspector to the area of work. Access may include, but shall not be limited to, ladders, scaffolding, catwalks and lifts. It shall be the duty of the permit applicant to maintain a safe access path for the inspector to the area of work. Safety precautions may include, but shall not be limited to handrails, guardrails and safety harnesses. All components of the access path shall be securely anchored in place. The building inspector shall have the right to refuse to make any inspection in an area which does not have an access path deemed safe for use by said building inspector. It shall be the duty of the permit applicant to make any necessary improvements to the access path to allow inspection by the building inspector. It shall be the duty of the permit applicant to protect all existing construction from damage caused during inspection. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material damaged during the course of inspection. 104.2 Inspection Requests. 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. The building official may require that every request for inspection be filed at least one 4-16 working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting any inspection required by this Code, relevant laws, ordinances, rules and regulations to provide access to and means for inspection of such work. 1 04.3 Special Inspections. Special inspections may be required by the building official on work involving special hazards or conditions and on work requiring extensive, unusual or constant inspection. Special inspections, when necessary, shall be accomplished by the means set forth in the City of Temple City Building Code. 1 04.4 Required Approvals. No work shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. The building official. upon notification, shall make the requested inspections and shall either indicate in writing that the work appears to comply as completed, or shall notify the applicant in writing which portion of the work fails to comply with this Code, relevant laws, ordinances, rules and/or regulations. Any work which does not comply shall be corrected and such work shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all work when completed and ready for occupancy. 104.5 Testing of Systems. All plumbing systems shall be tested and approved as required by this Code and all testing shall be conducted in the presence of the building official. Joints and connections in the systems shall be gaslight and watertight for the pressures required by test. In cases where it would be impractical to provide the aforementioned water or air tests. or for minor installations and repairs. the building official may make such inspection as deemed advisable in order to be assured that the work has been performed in accordance with the intent of this Code. Protectively coated pipe shall be inspected and repaired in accordance with IAPMO Installation Standard IS-13, listed in Table 14-1. 104.6 Gas Utility Release. When deemed appropriate by the building official, gas utility may be released. Release of gas utility may be done prior to building final for testing and inspection purposes. The building official shall retain the right to revoke the release of gas utility for just cause, and may have the gas utility disconnected at the earliest availability of the utility provider. Attempting to occupy prior to issuance of a certificate of completed construction, whether temporary or final, may be considered as just cause by the building official, and may result in disconnection of the utilities. 104.7 Authority to Disconnect Gas Utility. The building official is hereby empowered to disconnect or to order in writing the discontinuance of gas utility service to buildings, 4-17 structures, premises, appliances, devices or materials installed without permit or found to be a hazard to life, health and/or property. The building official shall have the power to disconnect or to order in writing the discontinuance of gas utility service as a means of preventing, restraining, correcting or abating any violation of this Code, relevant laws, ordinances, rules or regulations The gas service shall remain disconnected or gas utility service shall remain discontinued until the Code violation has been abated to the satisfaction of the building official, or until the installation of such appliances, devices or materials has been made safe as directed by the building official; or until a permit has been issued and the work has been inspected and approved by the building official. 14. Section 1 05 is amended to read as follows: SECTION 105 FEES AND REFUNDS 105.1 Fees. All plan review and permit fees shall be as adopted by separate resolution and/or ordinance. Plan checking fees shall be paid at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance. 105.2 Permit Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled as provided for in Section 1 03.8, the permittee may submit a written request to the building official requesting a refund of permit fees. Permit fees may be refunded to the permit applicant. but permit issuance fees shall not. The building official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid to the permit applicant, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. 105.3 Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 90 percent of the plan checking fee shall be refunded. SECTION 7404 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7405 CONTINUATION OF EXISTING LAW. 4-18 Where they are substantially the same as existing law, the provisions of the City of Temple City Plumbing Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7406 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7407 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7408 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 4-19 SECTION 7500 CODE ADOPTION. EXHIBIT "E" TITLE 7 -CHAPTER 5 RESIDENTIAL CODE Chapters 1 through 10, 44 and Appendix H of Title 30, of the Los Angeles County Residential Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full. including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Residential Code and may be cited as Title 7, Chapter 5 of the Temple City Municipal Code. SECTION 7501 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Residential Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Residential Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7502 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 5-1 BUILDING OFFICIAL shall mean the Director of Community Development Department, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: (I) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter I of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Department or the Los Angeles County Flood Control District depending on the context. 5-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM [NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval[s) and permit[s) having first been obtained from the building official. SECTION 7503 CODE SECTION SPECIFICS. 1. Section R1 00 is amended in its entirety to read: Sections 102 through 119 of Chapter 1, Section 1207 of Chapter 12, Chapters 33, 34, 67, 98, 99 and Appendix J of Title 7, Chapter 1 of the City of Temple City Code adopted by reference, amended and incorporated into this Chapter shall be known as Sections 102 through 119 of Chapter1, Section 1207 of Chapter 12, Chapters 33, 34, 67, 98, 99 and Appendix J of the Residential Code For One and Two Family Dwellings of the City of Temple City, may be cited as such, and will be referred to herein as this Code. 2. Section R1 01.1 is amended in its entirety to read: 5-3 101.1 Title. Title 7 Building Regulations, Chapter 5 of the City of Temple City Municipal Code shall be known as the Residential Code of the City of Temple City, may be cited as such, and will be referred to herein as "these regulations" or "these building standards "or "this Code." 3. Section R313 is deleted in its entirety and replaced with section 903 of the Chapter 9 (Section 903 of Chapter 9 of Temple City Building Code) of the Title 7 of the City of Temple City Municipal Code as adopted and amended by the City SECTION 7504 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7505 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Residential Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7506 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7507 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7508 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of 5-4 Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 5-5 EXHIBIT "F" TITLE 7 -CHAPTER 6 GREEN BUILDING STANDARDS CODE SECTION 7600 CODE ADOPTION. All chapters of Title 31, of the Los Angeles County Green Building Standards Code, as amended and in effect on or before January 1, 2014, adopting the 2013 California Building Code, are hereby adopted by reference and made a part of the Temple City Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Green Building Standards Code and may be cited as Title 7, Chapter 6 of the Temple City Municipal Code. SECTION 7601 COPIES ON FILE. In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Green Building Standards Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of Temple City Green Building Standards Code may likewise be maintained by the Building Official for examination and use by the public. SECTION 7602 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Department. 6-1 BUILDING OFFICIAL shall mean the Director of Community Development Department, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( 1) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter 1 of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Department or the Los Angeles County Flood Control District depending on the context. 6-2 MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM [NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITIED STRUCTURE shall be defined as any structure, or portion thereof. that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval[s) and permit[s) having first been obtained from the building official. SECTION 7603 CODE SECTION SPECIFICS. 1 . Section 1 01 is amended to read as follows: Sections 102 through 119 of Chapter 1, of Title 7 of the City of Temple City Building Code adopted by reference, amended and incorporated into this Chapter and shall be known as Sections 102 through 119 of Chapter 6, Title 7 of the City of Temple City, and may be cited as such, and will be referred to herein as this Code. 2. Section R 1 01 .1 is amended to read as follows: 101.1 Title. Title 7 Building Regulations, Chapter 6 of the City of Temple City Municipal Code shall be known as the Green Building Standards Code of the City of Temple City, 6-3 may be cited as such, and will be referred to herein as "these regulations" or "these building standards "or "this Code." SECTION 7604 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles are appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7605 CONTINUATION OF EXISTING LAW. Where they are substantially the same as existing law, the provisions of the City of Temple City Green Building Standards Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7606 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. SECTION 7607 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7608 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 6-4 EXHIBIT "G" TITLE 7 -CHAPTER 7 SWIMMING POOL AND SPA CODE SECTION 7700 CODE ADOPTION. Chapters 2, 3, 7, 8 9, 10, and 11 of the 20121nternotionol Swimming Pool and Spa Code is hereby adopted by reference and mode a port of the Temple City Municipal Code with the some force and effect as though set out herein in fulL including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance. These provisions shall collectively be known as the City of Temple City Swimming Pool and Spa Code and rnoy be cited as Title 7, Chapter 7 of the Temple City Municipal Code. SECTION 7701 COPIES ON FILE, In accordance with Section 50022.6 of the California Government Code, not less than one copy of the City of Temple City Swimming Pool and Spa Code, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sole of additional copies of this code shall be mode as directed by the City Council. In addition, one copy of said City of Temple City Swimming Pool and Spa Code rnoy likewise be maintained by the Building Official for examination and use by the public. SECTION 7702 DEFINITIONS. In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this Code, these definitions shall govern and be applicable. BOARD OF SUPERVISORS shall mean the City of Temple City Council. BUILDING CODE, LOS ANGELES COUNTY BUILDING CODE or INTERNATIONAL BUILDING CODE shall mean Title 7, Chapter 1 of the Temple City Municipal Code. BUILDING DIVISION or BUILDING DEPARTMENT shall mean the Building Division of the City Community Development Deportment. BUILDING OFFICIAL shall mean the Director of Community Development Deportment, or duly authorized representative, or other designated authority charged with the administration and enforcement of this Code. 7-1 CALGREEN see GREEN BUILDING STANDARDS CODE definition CITY OR COUNTY may mean City of Temple City or Los Angeles County depending on the context. DEMOLITION Whenever the term demolition or demolish is used in this Code, it shall pertain to removal of the entire structure and it shall include the removal of the resulting debris from such demolition and the protection or filling of excavations exposed by such demolition as may be required by this Code, relevant laws, ordinances, rules and/or regulations. ELECTRICAL CODE, LOS ANGELES COUNTY ELECTRICAL CODE, NFPA 70, or INTERNATIONAL ELECTRICAL CODE shall mean Title 7, Chapter 3 of the Temple City Municipal Code. ENERGY CODE or INTERNATIONAL ENERGY CONSERVATION CODE shall mean California Code of Regulations Title 24, Part 6 FACTORY-BUILT STRUCTURE shall mean buildings or structures which meet all of the following criteria: ( l) Fabrication on an off-site location under the inspection of the State, for which the State inspection agency has attested to compliance with the applicable State laws and regulations by the issuance of an insignia; (2) the bearing of the State insignia and which have not been modified since fabrication in a manner that would void the State approval; and for which the City has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California or the City. FIRE CODE, LOS ANGELES COUNTY ELECTRICAL CODE, or INTERNATIONAL FIRE CODE shall mean the Title 3, Chapter l of the Temple City Municipal Code. FUEL GAS CODE OR INTERNATIONAL FUEL GAS CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. GREEN BUILDING STANDARDS CODE or LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE shall mean Title 7, Chapter 6 of the Temple City Municipal Code. HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean Title 3, Chapter 2 of the Temple City Municipal Code. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean either the City of Temple City Public Works Deportment or the Los Angeles County Flood Control District depending on the context. MECHANICAL CODE, LOS ANGELES COUNTY MECHANICAL CODE, or INTERNATIONAL MECHANICAL CODE shall mean Title 7, Chapter 2 of the Temple City Municipal Code. 7-2 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT shall mean a permit issued as required by the Federal Clean Water Act in order to protect receiving waters. The NPDES permit requires controls to reduce the discharge of pollutants into storm drains, channels or natural watercourses. NON-INSPECTED WORK shall mean any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, but which has progressed beyond the point indicated in successive inspections without first obtaining inspection by and approval of the building official. PLUMBING CODE, LOS ANGELES COUNTY PLUMBING CODE, or INTERNATIONAL PLUMBING CODE shall mean Title 7, Chapter 4 of the Temple City Municipal Code. RESIDENTIAL BUILDING CODE, LOS ANGELES COUNTY RESIDENTIAL CODE, or INTERNATIONAL RESIDENTIAL CODE shall mean Title 7, Chapter 5 of the Temple City Municipal Code. ROAD COMMISSIONER CODE shall mean the City Engineer. SWIMMING POOL CODE shall mean Title 7, Chapter 7 of the Temple City Municipal Code. UNINCORPORATED PORTION OF THE COUNTY OF LOS ANGELES shall mean the City of Temple City. UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the building official. SECTION 7703 CODE SECTION SPECIFICS. 2012 International Swimming Pool and Spa Code (ISPSC) is adopted by reference as the Swimming Pool and Spa Code of the City of Temple City, are hereby amended, deleted or added as follows: 1. Chapter 1 is added in its entirety: Chapter 1 Scope and Administration: 100 Reference to Building Code. Sections 102 through 119 of Chapter 1, Chapters 33, 99 and Appendix J of Title 7, Chapter 1 of the City of Temple City Code adopted by reference, amended and incorporated into this Chapter 7 shall be known as Sections 102 through 119 of Chapter 1, Chapters 33, 99 and Appendix J of the Swimming Pool and Spa Code of the City of Temple City, may be cited as such, and will be referred to herein as this Code. 7-3 101.1 Title. Title 7 Building and Regulations, Chapter 7 of the City of Temple City Municipal Code shall be known as the Swimming Pool and Spa Code of the City of Temple City, may be cited as such, and will be referred to herein as "these regulations" or "these building standards "or "this Code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of private aquatic vessels. 101.3 Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of private aquatic vessels. 2. Section 305-Barrier Requirements is amended as follows: 305.1 General. The provisions of this section shall apply to the design of barriers for aquatic vessels. These design controls are intended to provide protection against the potential drowning and near drowning by restricting access to such vessels. These requirements provide an integrated level of protection against potential drowning through the use of physical barriers and warning devices. Exceptions: 1. Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346. 2. Swimming pools with a powered safety cover that complies with ASTM F 1346. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seven drowning prevention safety features: A. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 305.8.1. [CBC 31 09 .4.4.2 # 1] B. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. [CBC 31 09.4.4.2 #2] C. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346. [CBC 31 09.4.4.2 #3] D. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. [CBC 31 09.4.4.2 #4] E. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches ( 1372 mm) above the floor. [CBC 31 09.4.4.2 #5] F. Swimming pool alarms that. when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM F 2208 which includes surface motion, pressure, sonar, laser and infrared type alarms. For purposes of this section, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual 7-4 use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. [CBC 3109.4.4.2 #6] G. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME. [CBC 31 09.4.4.2 #7] Exceptions: a. This section does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services. [CBC 31 09.4.4.6] b. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-89. [CBC 31 09.4.4.5 #2] 305.2 Outdoor swimming pools and spas. Other than those facilities regulated in Section 305.8, all outdoor aquatic vessels and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7. [CBC 31 09.4.4.2] 305.2.1 Barrier Height and clearances. Barrier heights and clearances shall be in accordance with all of the following: A. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1524 mm) above the ground. [CBC 31 09.4.4.3 #1] B. A minimum height of 60 inches (1524 mm). [CBC 31 09.4.4.3 #2] C. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm). [CBC 3109.4.4.3 #3] D. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches ( 1 02 mm) in diameter. [CBC 31 09.4.4.3 #4] E. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. [CBC 31 09.4.4.3 #5] 3. Add Section 31 0.2 as follows: 31 0.2 Private aquatic vessels. Whenever a building permit is issued for the construction a new private swimming pool or spa, the pool or spa shall meet all of the following requirements: A. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in Paragraph 2. B. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more 'T' fittings, and that are separated by a distance of at least three feet in any dimension between the drains. Suction outlets that are less than 12 inches across shall be covered with anti-entrapment grates, as specified in the ASME/ ANSI Standard A 112.19 .8, that cannot be removed except with the use of tools. Slots of openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would pose any suction hazard to bathers. 7-5 C. Any backup safety system that an owner of a new swimming pools or spa may choose to install in addition to the requirements set forth in subdivisions (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Products Safety Commission. D. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.XXX) 4. Add Section 316.2.1 (a) and (b) as follows: 316.2.1 (a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment complies with the following: A. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and [CEnC 114(a) 1] B. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and [CEnC 114(a)3] C. Electric resistance heating. No electric resistance heating; and Exception 1 to Section 114(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6. Exception 2 to Section 114(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy. [CEnC 114(a)4] 316.2.1 (b) Installation Any pool or spa system or equipment shall be installed with all of the following; A. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment. [CEnC 114(b)1] B. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water. [CEnC 114(b)3i] 7-6 5. Section 504.1 is amended to read as follows: 504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, accessible, located within sight of the spa and shall be located not less than 5 feet ( 1524 mm) but not greater than 10 feet (3048 mm) horizontally from the inside walls of the spa. [CEiecC 686.14] SECTION 7704 FINDINGS OF LOCAL CONDITIONS. The Temple City Council hereby finds, determines and declares that those certain amendments to the State Building Code made by the County of Los Angeles ore appropriate and necessary to meet local conditions existing in the City of Temple City, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological, or topographic conditions. SECTION 7705 CONTINUATION OF EXISTING LAW. Where they ore substantially the same as existing law, the provisions of the City of Temple City Swimming Pool and Spa Code shall be considered continuations of existing law and shall not be considered new enactments. SECTION 7706 CATCH LINES OF SECTIONS. The catch lines of the several sections of this code printed in boldface type ore intended as mere catchwords to indicate the contents of the section and shall not be deemed or token to be titles of such sections; nor as any port of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, ore amended or reenacted. SECTION 7707 SEVERABILITY OF PROVISIONS. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Temple City Council hereby declares that it would hove adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof. irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. SECTION 7708 CERTIFICATION AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary of some to be published once in a newspaper of general circulation within the City of Temple City. The Building Official shall file a copy of the same with the California Building Standards Commission. 7-7