15.06. 010    Adoption of California Residential Building Code.

Except as provided in this Chapter 15.06 and elsewhere in this Title 15, the California Residential Building Code, 2010 Edition (Part 2.5 of Title 24 of the California Code of Regulations), including Appendices A, B, C, G, K, O, P, and Q, and not including Appendices D, E, F, H, I, J, L, M, N, and R, is hereby adopted by reference and made a part of this Chapter as though set forth in this Chapter in full. Said Code shall comprise the Residential Building Code of the City of Hermosa Beach. A copy of said Code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

Whenever the term "jurisdiction" appears in said Code it shall mean and refer to the City of Hermosa Beach. Whenever the term "Building Official" appears in said Code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach or his or her designee.

15.06. 020   Board of Appeals

Section 1.8.7 of Chapter 1 of said Residential Building Code is hereby amended to read as follows:

SECTION 1.8.7
BOARD OF APPEALS

1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

2. Limitations of authority. The jurisdiction of the Board of Appeals shall be limited to claims that this Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better method of construction is proposed. The Board of Appeals shall have no authority to waive requirements of this Code.

3. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

   Not less than three (3) days prior to a meeting of said Board, written notice shall be given to each member personally, or by registered mail, provided, however, that any meeting of said Board shall be legal for any purpose if the written consent of all members of said Board to such meeting is executed and filed in the records of such Board.

   Such Board shall have the right, subject to such limits as the Council may prescribe by resolution, to employ at the cost and expense of said City such practicing architects, competent builders, attorneys and structural engineers as said Board in its discretion may deem reasonable and necessary to assist in its investigation and in making its findings and decisions.

15.06. 030   Violations.

Notwithstanding the provisions of Section 15.06.010, Section R113 of Chapter 1 of said Code is hereby amended to read as follows:

SECTION R113
VIOLATIONS

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.

R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

R113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

R113.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.

R113.5 Violation a misdemeanor. Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.04.020 of this Code.

15.06. 040   Fees

Notwithstanding the provisions of Section 15.06.010, Section 1.8.3 of said Residential Building Code is hereby amended to read as follows:

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

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

1.8.3.3 Plan review fees. When a plan or other data are required to be submitted by this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be eighty (80) percent of the building permit fee.

The plan review fees specified in this Subsection are separate fees from the permit fees specified in Subsection 1.8.3.2 and are in addition to the permit fees.

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

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

1.8.3.5 Fee refunds.

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

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

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

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

15.06. 050   Expiration of Permits

Notwithstanding the provisions of Section 15.06.010, Section R105.5 of said Residential Building Code is hereby amended to read as follows:

SECTION R105.5
EXPIRATION OF PERMITS

R105.5 Expiration.

Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void (1) if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or (2) if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced, or (3) if the building or work authorized by such permit is not completed within two calendar years from the issuance date of the permit. Before such work can be recommenced, a new permit or a renewed permit as specified below shall be first obtained. No permit shall be renewed more than once.

1. Where work has not commenced within 180 days from the issuance date of a permit, a renewed permit valid for two years may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) no changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date.
2. Where work has commenced and is subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit valid until the original expiration date may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) No changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date, provided, however, that a renewed permit may be issued despite the passage of two years if construction has progressed and has been approved to the point where only a final inspection is required.
3. Where a project is not commenced or completed on the two year anniversary of the permit issuance date a new permit is required. The applicant shall pay a fee for the new permit based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the Codes and Ordinances in effect at the time the new applications are submitted.
4. Any permittee holding an active permit may apply in writing for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he or she is unable to continue work within the time required by this Section due to circumstances beyond the control of the permittee. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months. No permit shall be extended more than twice.
5. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to obtain the demolition and removal of incomplete work on the property.

15.06. 060   Fire Sprinklers.

Notwithstanding the provisions of Section 15.06.010, fire sprinklers shall be installed in residential buildings in accordance with the provisions of Section 15.20.080.