01-07-2020 - AGENDA ITEM 05 PUBLIC HEARING TO CONSIDER ADOPTION OF CALIFORNIA BUILDING CODES AS AMENDED BY LOS ANGELES COUNTY AND THE CALIFORNIA FIRE CODE11/16/2020
Print Staff Report
AGENDA ITEM NO. 5
DATE: January 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF CALIFORNIA BUILDING CODES
AS AMENDED BY LOS ANGELES COUNTY AND THE CALIFORNIA FIRE CODE
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and adopt the following ordinances:
ORDINANCE NO.2463 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLES II, IV, V, VI, AND VII OF
CHAPTER 7, ADDING ARTICLES XIX, XX, AND XXI TO CHAPTER 7, AMENDING
ARTICLE I OF CHAPTER 9 AND ARTICLE II OF CHAPTER 10 OF THE WEST COVINA
MUNICIPAL CODE TO ADOPT BY REFERENCE TITLE 26 (BUILDING CODE) OF THE
LOS ANGELES COUNTY CODE, WHICH ADOPTS BY REFERENCE THE 2019
CALIFORNIA BUILDING CODE; TITLE 27 (ELECTRICAL CODE) OF THE LOS ANGELES
COUNTY CODE, WHICH ADOPTS BY REFERENCE THE 2019 CALIFORNIA
ELECTRICAL CODE; TITLE 30 (RESIDENTIAL CODE) OF THE LOS ANGELES COUNTY
CODE, WHICH ADOPTS BY REFERENCE THE 2019 CALIFORNIA RESIDENTIAL CODE;
TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, WHICH
ADOPTS BY REFERENCE THE 2019 CALIFORNIA MECHANICAL CODE; TITLE 28
(PLUMBING CODE) OF THE LOS ANGELES COUNTY CODE, WHICH ADOPTS BY
REFERENCE THE 2019 CALIFORNIA PLUMBING CODE, TITLE 31 (GREEN BUILDING
STANDARDS CODE) OF THE LOS ANGELES COUNTY CODE, WHICH ADOPTS BY
REFERENCE THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE; TITLE 33
(EXISTING BUILDING CODE) OF THE LOS ANGELES COUNTY CODE, WHICH ADOPTS
BY REFERENCE THE 2019 CALIFORNIA EXISTING BUILDING CODE; AND MAKING
AMENDMENTS THERETO; AND AMENDING ARTICLE II OF CHAPTER 14 OF THE
WEST COVINA MUNICIPAL CODE TO REPEAL THE CONSTRUCTION CONTRACTOR
LICENSE FEE
ORDINANCE NO.2467 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER 10 OF THE WEST
COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2019 CALIFORNIA FIRE
CODE, WHICH ADOPTS BY REFERENCE THE 2018 INTERNATIONAL FIRE CODE; AND
MAKING AMENDMENTS THERETO
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air conditioning, elevators, free -extinguishing systems and any other permanent work for
permanent equipment.
Where work for which permit is required by this Code is started or proceeded with prior to
obtaining said permit, the fees specified in this section shall be doubled, but the payment of such
double fee shall not relieve any persons from fully complying with the requirements of this Code
in execution of the work nor from any other penalties prescribed herein.
(b) 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
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 written request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being taken. In order
to renew action on an application after expiration, the applicant shall resubmit plans and pay a new
plan review fee.
(c) Investigation Fees. Work without a permit.
1. Investigation. Whenever any work for which a permit is required by this Code has been
commenced without fast obtaining said permit, a special inspection shall be made before a permit
may be issued for such work.
2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not
a permit is then or subsequently issued. The inspection fee shall be paid to the building official as
set forth by resolution of the city council. The payment of such investigation fee shall not exempt
any person from compliance with all other provisions of this Code nor from any penalty prescribed
by law.
(d)Exemption from Fees. Neither the state nor this nor any other county, city, district or
other political subdivision, nor any public officer or body acting in his official capacity on behalf
of the state or of this or any county, city, district or other political subdivision shall pay or deposit
any fee. This section does not apply to the State Compensation Insurance Fund or Public Housing
Authority or where a public officer is acting with reference to private assets which have come
under his jurisdiction by virtue of his office.
(e) Refunds. In the event that any person shall have obtained a building permit and no
portion of the work or construction covered by such permit has been commenced, such permit may
be cancelled upon presentation to the building official of a written request. Upon such request, the
person shall be entitled to a refund in an amount equal to eighty (80) percent of the budding permit
fee actually paid for such permit; however, the portion of the fee retained shall be no less than
twenty-five dollars ($25.00).
In case a permit is issued in error by the building official, all fees will be returned to
applicant upon request.
No refund shall be granted when receipt of the request occurs more than one (1) year
following payment of the permit or plan review fee. No portion of the plan checking fee shall be
refunded, unless no checking has been performed on a set of plans, in which case eighty (80)
percent of the plan review fee may be refunded; however, the portion of the fee retained shall be
no less than twenty-five dollars ($25.00).
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 as provided by law for the payment of claims against
the city.,,
Section R108 of Title 30 Los Angeles County Code is amended to read as follows:
"Section R108.Fees
(a) Building Permit Fees. A fee for each building permit shall be paid to the building
official as set forth by resolution of the city council. Detern ination of value under any of the
provisions of this Code shall be made by the building official. The valuation to be used in
computing the permit and plan review fees shall be the total value of all construction work for
which permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating,
air conditioning, elevators, free -extinguishing systems and any other permanent work for
permanent equipment.
Where work for which permit is required by this Code is started or proceeded with prior to
obtaining said permit, the fees specified in this section shall be doubled, but the payment of such
double fee shall not relieve any persons from fully complying with the requirements of this code
in execution of the work nor from any other penalties prescribed herein.
(b) 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
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 written request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being taken. In order
to renew action on an application after expiration, the applicant shall resubmit plans and pay a new
plan review fee.
(c) Investigation Fees. Work without a permit.
1. Investigation. Whenever any work for which a pemit is required by this Code has been
commenced without first obtaining said permit, a special inspection shall be made before a permit
may be issued for such work.
2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not
a permit is then or subsequently issued. The inspection fee shall be paid to the building official as
set forth by resolution of the city council. The payment of such investigation fee shall not exempt
any person from compliance with all other provisions of this Code nor from any penalty prescribed
by law.
(d) Exemptionfrom Fees. Neither the state nor this nor any other county, city, district or
other political subdivision, nor any public officer or body acting in his official capacity on behalf
of the state or of this or any county, city, district or other political subdivision shall pay or deposit
any fee. This section does not apply to the State Compensation Insurance Fund or Public Housing
Authority or where a public officer is acting with reference to private assets which have come
under his jurisdiction by virtue of his office.
(e) Refunds. In the event that any person shall have obtained a building permit and no
portion of the work or construction covered by such permit has been commenced, such permit may
be cancelled upon presentation to the building official of a written request. Upon such request, the
person shall be entitled to a refund in an amount equal to eighty (80) percent of the building permit
fee actually paid for such permit; however, the portion of the fee retained shall be no less than
twenty-five dollars ($25.00).
In case a permit is issued in error by the building official, all fees will be returned to
applicant upon request.
No refund shall be granted when receipt of the request occurs more than one (1) year
following payment of the permit or plan review fee. No portion of the plan checking fee shall be
refunded, unless no checking has been performed on a set of plans, in which case eighty (80)
percent of the plan review fee may be refunded; however, the portion of the fee retained shall be
no less than twenty-five dollars ($25.00).
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 as provided by law for the payment of claims against
the city."
(f) Section 7-18.5 is hereby deleted in its entirety and replaced as follows:
Section 7-18.5. — Approval required.
Section 108.3 of Title 26 of the Los Angeles County Code is hereby amended to add
Section 108.3.1 to read as follows:
"Section 108.3.1. No work shall be done on any part of the building or structure beyond
the point indicated in each successive inspection without first obtaining written approval of the
budding official. Such written approval shall be given only after an inspection shall have been
made of each successive step in the construction as indicated by each of the inspections required
by Section 108.4 of the Title 26 Los Angeles County Bolding Code.
There shall be no clearance for connection of gas or electrical utilities until final building,
electrical, plumbing, heating, ventilation and air-conditioning inspections have been made and
approval has been first obtained from the building official, except as provided for in section 7-18.6
for a temporary certificate of occupancy."
Section R109.4 of Title 30 of the Los Angeles County Code is hereby amended to add
Section R109.4.1 to read as follows:
"Section R109.4.I. No work shall be done on any part of the building or structure beyond
the point indicated in each successive inspection without first obtaining written approval of the
building official Such written approval shall be given only after an inspection shall have been
made of each successive step in the construction as indicated by each of the inspections required
by Section R109 of Title 30 of the Los Angeles County Code.
There shall be no clearance for connection of gas or electrical utilities until final building,
electrical, plumbing, heating, ventilation and air-conditioning inspections have been made and
approval has been first obtained from the building official, except as provided for in section 7-18.6
for a temporary certificate of occupancy."
(g) Section 7-18.6 is hereby deleted in its entirety and replaced as follows:
Section 7-18.6. — Temporary occupancy.
Section 109.4 of Title 26 of the Los Angeles County Code is hereby amended to add
Section 109.4.1 to read as follows:
"Section 109.4.1. Temporary certificate. A temporary certificate of occupancy may be
issued by the building official for the use of a portion or portions of a building or structure prior to
the completion of the entire building or structure upon application for a temporary clearance of
connection of the utilities and payment of fees as set forth by resolution of the city council
In the event the building is not completed and ready for final inspection in the time
prescribed by the building official, the budding shall be vacated and the utilities disconnected until
such tirne as the building is completed and final inspection is made and a certificate of occupancy
is issued as set forth in the sections above."
Section R110.4 of Title 30 of the Los Angeles County Code is hereby amended to add
Section RI10.4.1 to read as follows:
"Section RI10.4.1. Temporary certificate. A temporary certificate of occupancy may be
issued by the building official for the use of a portion or portions of a building or structure prior to
the completion of the entire building or structure upon application for a temporary clearance of
connection of the utilities and payment of fees as set forth by resolution of the city council
In the event the building is not completed and ready for final inspection in the time
prescribed by the building official, the building shall be vacated and the utilities disconnected until
such tine as the building is completed and final inspection is made and a certificate of occupancy
is issued as set forth in the sections above."
(h) Section 7-18.7 is hereby deleted in its entirety and replaced as follows:
Section 7-18.7. — Swimming pool defined.
Section 202 and Section 3109.2 of Title 26 of the Los Angeles County Code are hereby
amended to read:
"Swimming pool is any outside body of water created by artificial means, which is
designed or used for swimming, immersion or therapeutic purposes, any portion of which exceeds
eighteen (18) inches in depth, including portable swimming pools and permanent ponds."
(2) Section 7-18.10is hereby deleted in its entirety and replaced as follows:
Section 7-18.10. — Swimming pool safety.
Title 26 of the Los Angeles County Code is hereby amended to add Section 3109.7 to read
as follows:
"Section 3109.7
(2) SWIMMING POOLS. SAFETY PRECAUTIONS
Every person in possession of land within the City of West Covina, either as owner,
purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming
pool shall at all times maintain on the lot or premises upon which such pool is located and
completely surrounding such pool, lot or premises a fence or other structure not less than five (5)
feet six (6) inches in height with no opening therein, other than doors or gates, and other than
openings approved by the building official upon finding that they will not materially facilitate
scaling the fence or other structure by children.
All gates or doors opening through such enclosures shall be equipped with a self -closing
and self -latching device designed to keep and capable of keeping such door or gate securely closed
at all times when not in actual use. Such latching device must be located not less than five (5) feet
above the ground; provided, however, that the door of any dwelling occupied by human beings
fomung any part of the enclosure comply with State Laws. All fencing forming the pool enclosure
shall be in place and approved by the city before water is placed in the pool.
(b) SWIMMING POOLS, EMPTYING UPON ABANDONMENT OR VACATION OF
PREMISES.
(1) No person in possession or control of any swimming pool on any land within the city
as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the
land upon which such swimming pool is located shall abandon or vacate the premises upon which
such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be
abandoned or vacated, without first having either:
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a. Emptied all water from such swimming pool and left the same empty; or
b. Completely covered said swimming pool with a safe and adequate pool cover or other
protective device, approved in writing by the building official as sufficient to protect persons,
especially children, from falling into such pool
(2) No owner of any swimming pool on any land within the city, upon learning that the
premises upon which such swimming pool is located or is accessory or appurtenant having been
abandoned or vacated by the person in possession or control of such swimming pool, shall fail,
within forty-eight (48) hours after so learning or so being advised by the building official, to either:
a. Empty all water from said swimming pool and leave the same empty until said premises
are again occupied by a person in possession and control of such swimming pool; or
b. Completely cover said swimming pool with a safe and adequate pool cover or other
protective device approved in writing by the budding official, as aforesaid, and keep said pool so
covered until said premises are again occupied by a person in possession and control of such
swimming pool
(3) "Abandon" and "abandoned," as used in this section, shall mean the leaving of
premises without actual, apparent and manifest intention to return thereto within a reasonable and
foreseeable time unless definite provision has been made in writing prior to leaving the premises
to have them actually occupied within thirty (30) days of such leaving by some other person who
will be in possession and control of such swimming pool
(4) "Vacate" and "vacated," as used in this section shall mean the leaving of premises
without the bona fide intent to return and actually returning to said premises within a period of
thirty (30) days or less (or such additional period not exceeding an aggregate of sixty (60) days
from date of leaving as may be granted by the building official for good cause, such as extended
vacation, emergency, etc.) unless during said period of absence some other person actually
occupies said premises and is in possession and control of such swimming pool
(5) Every person who violates or fails to comply with any of the terms, provisions or
requirements of this section shall thereby have agreed and consented and conclusively be deemed
to have agreed and consented:
a. That the city may enter upon the premises and empty all water from such swimming pool
or cause the same to be done; and
b. To reimburse the city on demand for the actual cost of emptying such pool or causing
the same to be done, and that the city may collect the same from any such person by civil action
or any other lawful means selected by or available to the city, including, where applicable, the
means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230)
of the Government Code of the State of California.
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(c) INSPECTIONS AND APPROVAL OF SWIMMING POOLS
All plans hereafter submitted to the city for swimming pools to be constructed shall show
compliance with subsection (a), and final inspection and approval of all pools hereafter constructed
shall be withheld until all requirements of subsection (a) shall have been complied with.
The provisions of this section shall not apply to public swimming pools for which a charge
or admission price is required to be paid for such use thereof; nor to swinnning pools which are a
part of and located upon the same premises as a hotel, motel or apartment house, during the time
that the owner, operator or adult employee of such owner or operator is present at and in active
charge of the premises upon which such pool is located."
(i) Section 7-18.12 is hereby deleted in its entirety and replaced as follows:
Sec. 7-18.1. - Roof coverings.
Title 26 of the Los Angeles County Code is hereby amended to add Section 1505.1.5 to
read as follows:
'Section 1505.1.5
(a) Notwithstanding any other provision of the Building Code and Appendices to the
contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy
classification, shall be of noncombustible or fire -retardant construction as defined in Section 1505
of the Title 26 Los Angeles County Building Code and Section R905.1 of the of the Title 30 Los
Angeles County Residential Code. Roof coverings shall bear a minimum Class `B' Fine
Classification as defined in Section 1505.1 of the Title 26 Los Angeles County Building Code and
Section R905.1 of the Title 30 Los Angeles County Residential Code.
(b) Any replacement or repair that consists of more than twenty-five (25) percent of the
total area of an existing roof within a twelve-month period must be made in conformance with
subsection (a) herein. Room additions must also comply with said subsection (a). Skylights shall
be constructed as required in chapter 24 of the Title 26 Los Angeles County Building Code.
Penthouses shall be constructed as required in chapter 15 of the Title 26 Los Angeles County
Building Code. Any use of plastics in roofs shall be in accordance with the provisions of chapter
26. Any construction relating to attics and roof drainage shall be in accordance with those governed
by the provisions of the Building Code."
Title 30 of the Los Angeles County Code is hereby amended to add Section R902.1.2.1 to
read as follows:
"Section R902.1.2.1
(a) Notwithstanding any other provision of the Building Code and Appendices to the
contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy
classification, shall be of noncombustible or free -retardant construction as defined in Section 1505
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of the Title 26 Los Angeles County Building Code and Section R903.1 of the of the Title 30 Los
Angeles County Residential Code. Roof coverings shall bear a minimum Class V Fire
Classification as defined in Section 1505.1 of the Title 26 Los Angeles County Building Code and
Section R905.1 of the Title 30 Los Angeles County Residential Code.
(b) Any replacement or repair that consists of more than twenty-five (25) percent of the
total area of an existing roof within a twelve-month period must be made in conformance with
subsection (a) herein. Room additions must also comply with said subsection (a). Skylights shall
be constructed as required in chapter 24 of the Title 26 Los Angeles County Building Code.
Penthouses shall be constructed as required in chapter 15 of the Title 26 Los Angeles County
Building Code. Any use of plastics in roofs shall be in accordance with the provisions of chapter
26. Any construction relating to attics and roof drainage shall be in accordance with those governed
by the provisions of the Budding Code."
0) Section 7-18.13 is hereby deleted in its entirety and replaced as follows:
Section 7-18.13. - Automatic fire sprinklers
Title 26 of the Los Angeles County Code is hereby amended to add Section 901.4.4.1 to
read as follows:
"Section 901.4.4.1. In Group R occupancies, when a fire sprinkler system is designed and
installed under the NFPA 13D or 13R Standards, additional areas may require fire sprinklers at the
discretion of the fire official. These areas may include, but not be limited to, areas such as closets
or bathrooms under stairways; special water heater enclosures; accessible attic or storage spaces,
basements and similar areas."
Title 26 of the Los Angeles County Code is hereby amended to add Section 901.4.4.2 to
read as follows:
"Section 901.4.4.2. In Group R occupancies with a combined fire/domestic service
installed, a main control valve, identified by signage, shall be installed before the tee split to the
domestic piping, in addition to a domestic -only control valve. The main control valve shall be
clearly identified, be readily accessible, and shall be ready for use without requiring a tool or
wrench to operate. A separate free -only control valve shall not be allowed."
Title 26 of the Los Angeles County Code is hereby amended to add Section 903.1.1.1 to
read as follows:
"Section 903.1.1.1. Notwithstanding any other provisions of this section, an approved
automatic fire sprinkler system shall be installed:
1. On all new buildings exceeding five thousand (5,000) square feet in floor area.
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2. In any existing building after the completion of any major alteration or addition, which
will exceed five thousand (5,000) square feet of floor area.
3. In any existing building where an addition or additions exceed twenty-five (25) percent
of the existing floor area as of January 1, 1990, or five thousand (5,000) square feet, whichever is
less, and the existing building is over five thousand (5,000) square feet.
4. When the value of alterations or repairs to an existing building, which has five thousand
(5,000) or more square feet, exceeds twenty-five (25) percent of the value of the building in any
twelve-month period.
Exception: In an existing one and two family dwelling, fire sprinklers will be required
where an addition of 1,000 square feet or more is added, where an addition or creation of
a habitable floor level above or below the existing level of exit discharge takes place, or
when alteration is made which affects 50% of more of the structural or roof framing.
5. Subject to the approval of the fire code official, open parking garages as defined in
Section 406.5 of Title 26 of the Los Angeles County Code are exempt from the automatic fire
sprinkler requirements of the West Covina Municipal Code.
'Major Alterations or Repairs" is defined as alterations or repairs requiring building
permits to an existing building or structure of 5,000 square feet or more where the project valuation
cost equals to or exceeds twenty-five (25) percent of the current fair market value of said building
or structure."
(k) Section 7-18.13.1 is hereby deleted in its entirety and replaced as follows:
Section 7-18.13.1. — Automatic fire sprinklers: townhomes.
Title 30 of the Los Angeles County Code is hereby amended to add Section R313.1.2 to
read as follows:
"Section R313.1.2. Notwithstanding any other provisions of this section, an approved
automatic fire sprinkler system shall be installed:
1. In any existing budding after the completion of any major alteration or addition, which
will exceed five thousand (5,000) square feet of floor area.
2. In any existing building where an addition or additions exceed twenty-five (25) percent
of the existing floor area as of January 1, 1990, or five thousand (5,000) square feet, whichever is
less, and the existing building is over five thousand (5,000) square feet.
3. When the value of alterations or repairs to an existing building, which has five thousand
(5,000) or more square feet, exceeds twenty-five (25) percent of the value of the building in any
twelve-month period.
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`Major Alterations or Repairs" is defined as alterations or repairs requiring budding
permits to an existing building or structure of 5,000 square feet or more where the project valuation
cost equals to or exceeds twenty-five (25) percent of the current fair market value of said building
or structure.
Exception: An automatic residential sprinkler system shall not be required when additions
or major alterations are made to existing townhomes that do not have an automatic residential fire
sprinkler system installed and installation of residential fire sprinklers is not required by
subsections 1, 2, and 3 of this section."
p) Section 7-18.13.2 is hereby deleted in its entirety and replaced as follows:
Section 7- 18.13.2. — Automatic free sprinklers: one- and two-family dwellings.
Title 30 of the Los Angeles County Code is hereby amended to add Section R313.2.2 to
read as follows:
"Section R313.2.2. Notwithstanding any other provisions of this section, an approved
automatic fire sprinkler system shall be installed:
1. In any existing building after the completion of any major alteration or addition,
which will exceed five thousand (5,000) square feet of floor area.
2. In any existing building where an addition or additions exceed twenty-five (25)
percent of the existing floor area as of January 1, 1990, or five thousand (5,000) square feet,
whichever is less, and the existing building is over five thousand (5,000) square feet.
3. When the value of alterations or repairs to an existing building, which has five
thousand (5,000) or more square feet, exceeds twenty-five (25) percent of the value of the budding
in any twelve-month period.
exist:
4. In any existing one- and two-family dwelling where any of the following conditions
a. Addition of one thousand (1,000) square feet or more.
b. Successive additions totaling one thousand (1,000) square feet or more within a
twenty -four -month (2 year) period.
C. Addition or creation of a habitable floor level above or below the existing level of
exit discharge as defined by the Budding Code.
d. Alterations where fifty (50) percent or more of the roof framing is restructured or
replaced.
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Print Staff Report
BACKGROUND:
Every three years the State of California updates the model codes related to building and fire safety. Local
agencies are required to adopt the State model unless they adopt their own codes, which some
larger jurisdictions like the City of Los Angeles do.
The Community Development and Fire Departments are requesting that the City Council adopt the 2019
Edition of the Los Angeles County Building Code, Residential Code, Mechanical Code, Plumbing Code,
Electrical Code, Green Building Standards Code, Energy Code, and California Fire Code; hereby collectively
referred to as the 2019 California Codes.
In order to ensure that building construction standards remain up-to-date and relevant, the State of California
amends and adopts the model codes from the International Code Council (ICC) every three years. The 2019
California Codes represent modifications, additions, and deletions to the model code to reflect existing State
laws and statutes. The 2019 California Codes presented to the City Council are the codes adopted by the State
with the effective date of January 1, 2020. Because this is an adoption by reference, the first presentation to
the City Council was an introduction (December 17, 2019), tonight is the scheduled public hearing. Recall that
an urgency ordinance was adopted so that the ordinances were effective on January 1, 2020. The proposed
ordinances are Attachment Nos. 1 and 2.
DISCUSSION:
Current State laws provide that the City of West Covina must adopt these codes by reference except that the
City may amend the California Codes. Such amendments must be justified as being reasonable and necessary
due to local climatic, geologic, and topographic conditions, or for administrative reasons. If the City does not
adopt the State codes by January 1, 2020, the 2019 California Codes become effective without any local
amendments. The California Codes state that in the event of any differences between State codes and other
referenced documents, the text of the California Codes will govern.
Since West Covina has some special local climatic, geologic, and topographic conditions, this adoption cycle
involves minimal revisions to the West Covina Municipal Code (WCMC). The Los Angeles County Codes
include amendments specific to local climatic, geologic and topographic conditions of our City. They also
include many of the local recommendations from the Los Angeles Regional Uniform Code Program
(LARUCP) which includes a Los Angeles County group of code professionals who develop specific
amendments for this County. Most of the revisions address coordination between the California Code sections
and those previously adopted in the WCMC. The amendments also include the carryover of previous City
amendments such as fire -retardant roofing, several special grading requirements, and fire sprinkler
requirements. Among the effective code amendments in the Los Angeles County codes is an annual cost of
living adjustment that will allow the new City code fees to be adjusted annually based on the Consumer Price
Index (CPI) published by the US Government Bureau of Labor Statistics.
The following are bullet points of the local amendments that are a continuation or carryover of previous
WCMC amendments:
Administrative changes that relate to the issuance of permits, collection of fees, inspections of buildings,
unfinished work, Board of Appeals, safety assessment placards, pool safety, fire sprinklers, roof
coverings and other duties. Section titles are renamed to accurately describe the sections.
Grading code changes address preparation and submittal of engineering reports required inspections and
other grading requirements such as minimum width and maximum height separation of terraces,
minimum slope of swales, and maximum slope of grading work due to poor soils conditions.
The changes in the City's Fire Code with the adoption of the new 2019 California Fire Code include the
elimination of the previous City amendments which are now contained within the 2019 Fire Code. With
the adoption of the 2019 California Fire Code, WCMC Chapter 10 (Fire Prevention and Protection) is
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Fire sprinklers shall be installed in existing and proposed portions of the building including
attached garages and other enclosed structures.
'Major Alterations or Repairs" is defined as alterations or repairs requiring building
permits to an existing building or structure of five thousand (5,000) square feet or more where the
project valuation cost equals to or exceeds twenty-five (25) percent of the current fair market value
of said building or structure.
Exception: An automatic residential sprinkler system shall not be required for additions or
major alterations to existing one- and two-family dwellings that are not already provided with an
automatic residential fire sprinkler system and installation of residential fire sprinklers is not
required by subsections 1, 2, 3, and 4 of this section."
(m) Section 7-18.14 shall be deleted in its entirety.
(n) Section 7-18.15 shall be deleted in its entirety.
(o) Section 7-18.17 is hereby amended to read:
Section 7-18.17 —Accessory storage sheds on residential properties.
Title 30 of the Los Angeles County Code is hereby amended to add Section R105.2.4 to
read as follows:
"Section R105.2.1.4 Notwithstanding any other provisions of this section, storage sheds
exempt from permits by this chapter shall be separated from each other and other structures by six
(6) feet. The separation distance shall be measured from exterior finish of the buildings. Eaves
and overhangs from said shed shall not extend more than twelve (12) inches, treasured horizontally
from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall not
exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished
grade."
(p) Section 7-49 is hereby deleted in its entirety and replaced as follows:
Section 7-49. - Adoption of Title 27 (Electrical Code) of Los Angeles County Code.
(1) Except as otherwise provided in this article, the 2019 California Electrical Code as
amended by Title 27 of the 2019 Los Angeles County Code, which provide minimum
requirements and standards for the protection of the public health, safety and welfare by
regulating the installation or alteration of electrical wiring, equipment, materials, and
workmanship within the city, provides for the issuance of permits and collection of fees
therefor and provides penalties for the violations thereof, with all changes and amendments
thereto, is hereby adopted by reference as if fully set forth herein, and all conflicting
ordinances are hereby repealed.
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(2) One (1) complete copy of Title 27 will be on file and accessible to the public for
inspection at the office of the building official In the event of any conflict or ambiguity
between any provision contained in such codes set forth above and any amendment thereto
contained in this article or other provision of the Municipal Code, the amendment or
addition shall control
(q) Sec. 7-49.3 is hereby deleted in its entirety and replaced as follows:
Sec. 7-49.3 —Violations and penalties.
Sections 84-1 and 84-2 of Title 27 of the Los Angeles County Code are amended to read
as follows:
"Section 84-1. It is unlawful for any person, firm or corporation, either as owner, architect,
contractor, artisan or otherwise, to do or knowingly to cause or permit to be done any electrical
wiring as defined in this Code in such roamer that the same shall not conform to all the provisions
of this Code.
It shall be unlawful for any person, firm or corporation to make connection from a source
of electrical energy or to supply electric service to any electric wiring devices, appliances or
equipment for the installation of which a permit is required, unless such person, firm or corporation
shall have obtained satisfactory evidence from the director that such wiring, devices, appliances
or equipment are in all aspects in conformity with all applicable legal provisions.
Any person, firm or corporation violating any provisions of this Code shall be guilty of a
misdemeanor and upon conviction thereof; shall be punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or
by both such fine and imprisonment.
Section 84-2. is hereby deleted in its entirety
(r) Section 7-49.4is deleted in its entirety and replaced as follows:
Section 7-49.4. —Fees.
Section 80.10 of Title 27 of the Los Angeles County Code is hereby amended as follows:
Section 80.10. — Fees.
(a) Permit fees. A fee for each electrical permit and for the work to be done thereunder
shall be paid to the city as set forth in a resolution duly adopted by the city council.
(b) 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
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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.
(c) Investigation fees: Work without a permit.
(1) Investigation. Whenever any work for which a permit is required by this Code has been
commenced without fast obtaining said permit, a special investigation shall be made before a
permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or
not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of
the permit fee that would be required by this Code if a permit were to be issued. The payment of
such investigation fee shall not exempt any person from compliance with all other provisions of
either this Code nor from any penalty prescribed by law.
(d) 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 refirnding 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.
(e) 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 cancelled 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"
(s) Section 7-73 is hereby deleted in its entirety and replaced as follows:
Section 7-73. - Adoption of Title 29 (Mechanical Code) of Los Angeles County Code.
(1) Except as otherwise provided in this article, the 2019 California Mechanical Code as
amended by Title 29 of the Los Angeles County Mechanical Code, as amended and in
effect on January 1, 2020, which regulate and control the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement,
addition to, use or maintenance of heating, venting, cooling, refiigeration systems, or other
miscellaneous heat -producing appliances within the city, provides for the issuance of
permits and collection of fees therefor and provides for penalties for the violation thereof,
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with certain changes and amendments thereto, is hereby adopted by reference as if fully set
forth herein, and all conflicting ordinances are hereby repealed.
(2) One (1) complete copy of Title 29 will be on file and accessible to the public for
inspection at the office of the building official In the event of any conflict or ambiguity
between any provision contained in such codes set forth above and any amendment thereto
contained in this article or other provision of the Municipal Code, the amendment or
addition shall control
(t) Section 7-75 is hereby amended to read:
Section 7-75. - Violations and penalties.
Section 118 of the Title 29 of the Los Angeles County Code is hereby amended to read as
follows:
"Section 118. Violations and penalties. It shall be unlawful for any person, firm or
corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain mechanical
equipment or systems) in the city or cause or permit the same to be done, contrary to or in violation
of any of the provisions of this Code. Maintenance of equipment which was unlawful at the time
it was installed, and which would be unlawful under this Code if installed after the effective date
of this Code, shall constitute a continuing violation of this Code. Any person, firm or corporation
violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this Code is committed, continued or
permitted, and upon conviction of any such violation such person shall be punishable by a fine of
not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6)
months or both such fine and imprisonment."
(u) Section 7-77 is hereby deleted in its entirety and replaced as follows:
Section 7-77. —Fees.
Section 114 of Title 29 of the Los Angeles County Code is hereby amended as follows:
"Section 114. Permit fees.
(a) Permit fees. A fee for each mechanical permit shall be paid to the city as set forth by
resolution of the city council.
(b) 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 prevent action from being taken. No
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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.
(c) Investigationfees. Work without a permit.
(1) Investigation. Whenever any work for which a permit is required by this Code has been
commenced without first obtaining said permit, a special investigation shall be made before a
permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or
not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of
the permit fee that would be required by this Code if a permit were to be issued. The payment of
such investigation fee shall not exempt any person from compliance with all other provisions of
this Code nor from any penalty prescribed by law.
(d) 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 cancelled before any plan review effort has been expended.
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."
(v) Section 7-85 is hereby deleted in its entirety and replaced as follows:
Section 7-85. - Adoption of Title 28 (Plumbing Code) of Los Angeles County Code.
(1) Except as otherwise provided in this article, the 2019 California Plumbing Code as
amended by Title 28 (Plumbing Code) of the Los Angeles County Code, as amended and
in effect on January 1, 2020, which provide minimum requirements and standards for the
protection of the public health, safety and welfare by regulating the installation or alteration
of plumbing and drainage, materials, venting, wastes, traps, interceptors, water systems,
sewers, gas piping, water heaters and other related products, and workmanship in the city,
provide for the issuance of permits and collection of fees therefor, and provide for penalties
for the violations thereof, with certain changes and amendments thereto, are hereby
adopted by reference, and conflicting ordinances are hereby repealed.
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(2) One (1) copy of Title 28 will be on file and accessible to the public for inspection at
office of the building official. In the event of any conflict or ambiguity between any
provision contained in such codes set forth above and any amendment thereto contained in
this article or other provision of the Municipal Code, the amendment or addition shall
control
(w) Section 7-87 is hereby deleted in its entirety and replaced as follows:
Section 7- 87. —Violations and penalties.
Section 101.10 of Title 28 of the Los Angeles County Code is hereby amended to read as
follows:
"Section 101.10. It shall be unlawful for any person, firm or corporation to erect, install,
alter, repair, relocate, add to, replace, use or maintain plumbing equipment or system(s) in the city
or cause or permit the same to be done, contrary to or in violation of any of the provisions of this
Code. Maintenance of equipment which was unlawful at the time it was installed, and which would
be unlawful under this Code if installed after the effective date of this Code, shall constitute a
continuing violation of this Code. Any person, firm or corporation violating any of the provisions
of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any violation of any
of the provisions of this Code is committed, continued or permitted, and upon conviction of any
such violation such person shall be punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6) months or both such fine and
imprisonment."
(x) Section 7-88 is deleted in its entirety and replaced as follows:
Section 7-88- Fees
Section 103 of Title 28 of the Los Angeles County Code is hereby amended as follows:
"Section 103. Permit fees.
(a) Permit fees. A fee for each plumbing permit shall be paid to the city as set forth by
resolution of the city council.
(b) 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 prevent 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.
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(c) Investigationfees. Work without a permit.
(1) Investigation. Whenever any work for which a permit is required by this Code has been
commenced without first obtaining said permit, a special investigation shall be made before a
permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the pemrit fee, shall be collected whether or
not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of
the permit fee that would be required by this Code if a permit were to be issued. The payment of
such investigation fee shall not exempt any person from compliance with all other provisions of
this Code nor from any penalty prescribed by law.
(d) 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 refinxding 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 cancelled before any plan review effort has been expended.
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."
SECTION 4: Article XIX is hereby added to Chapter 7 of the West Covina Municipal
Code to read as follows:
Article M. - GREEN STANDARDS CODE
Section 19-1. - Adoption of Title 31 (Green Building Standards Code) of Los Angeles County
Code.
(1) The 2019 California Green Building Standards Code as amended by Title 28 (Green
Building Standards Code) of the Los Angeles County Code, as amended and in effect on
January 1, 2020, which provide nriuimum requirements and standards for the enhancement
of the design and construction of buildings through the use of budding concepts having a
reduced negative impact, or positive environmental impact and encouraging sustainable
construction practices, provide for the issuance of permits and collection of fees therefor,
and provide for penalties for the violations thereof, with certain changes and amendments
thereto, are hereby adopted by reference as if fully set forth herein, and conflicting
ordinances are hereby repealed.
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(2) One (1) complete copy of Title 31 will be on file and accessible to the public for
inspection at the office of the budding official. In the event of any conflict or ambiguity
between any provision contained in such codes set forth above and any amendment thereto
contained in this article or other provision of the Municipal Code, the amendment or
addition shall control.
SECTION 5: Article XX is hereby added to Chapter 7 of the West Covina Municipal
Code to read as follows:
ARTICLE XX. - EXISTING BUILDING CODE
Section 20-1. - Adoption of Title 33 (Existing Budding Code) of Los Angeles County Code.
(1) The 2019 California Existing Building Code as amended by Title 33 (Existing Building
Code) of the Los Angeles County Code, as amended and in effect on January 1, 2020,
which provide minimum requirements and standards for the protection of the public health,
safety and welfare by regulating the repair, alteration, change of occupancy and relocation
of, and to the addition, any existing building, provide for the issuance of permits and
collection of fees therefor, and provide for penalties for the violations thereof, with certain
changes and amendments thereto, are hereby adopted by reference as if fully set forth
herein, and conflicting ordinances are hereby repealed.
(2) One (1) copy of Title 33 will be on file and accessible to the public for inspection at the
office of the building inspector. In the event of any conflict or ambiguity between any
provision contained in such codes set forth above and any amendment thereto contained in
this article or other provision of the Municipal Code, the amendment or addition shall
control
SECTION 6: Article I of Chapter 9 of the City of West Covina Municipal Code is hereby
amended as follows:
Section 9-1. - General
Except as set forth in this article, Appendix J "Grading" of Title 26 of the Los Angeles
County Code, as amended and in effect on January 1, 2020, is hereby adopted as if fully set forth
herein and amended as shown below.
Section 9.2. - Permits required.
The following section is added to Section J103 (Permits Requirements) to read as follows:
Section J103.1.1. Grading designation. All grading requiring a permit shall be performed
in accordance with the approved grading plan prepared by a civil engineer and shall be designated
as "engineered grading." Grading involving less than five thousand (5,000) cubic yards may be
changed in designation from "engineered grading" to "regular grading" upon recommendation of
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the civil engineer and approval of the city engineer. The city engineer may require supporting
documentation prior to approval of a change in designation.
Section 9-3. - Permit application and submittals.
The following section is added to Section J104 (Permit Application and Submittals) to read
as follows:
Section J104.1.1. Engineered grading requirements. Each application for a grading permit
shall be accompanied by three (3) sets of plans and specifications and two (2) sets of supporting
data consisting of a soil engineering report and engineering geology report. The plans and
specifications shall be prepared, sealed, and signed by a civil engineer, a sod engineer and/or a
geologist.
Section J104.2 Site plan requirements is amended to read as follows:
Section J104.2 Additional Requirements
Section J104.2.1 Site plan requirements:
In addition to the provisions of Section 107 of the Title 26 Los Angeles County Building
Code, a grading plan shall show the existing grade and finished grade in contour intervals of
enough clarity to indicate the nature and extent of the work and show in detail that it complies with
the requirements of the code. The plans shall show the existing grade on adjoining properties in
sufficient detail to identify how grade changes will conform to the requirements of this Code.
Section J104.2.2 Additional requirements:
(a) Plans shall be drawn to a scale of one (1) inch equals twenty (20) feet or one (1)
inch equals thirty (30) feet upon Mylar or vellum sized at twenty-four (24) inches by thirty-six
(36) inches and shall be of sufficient clarity to indicate the nature and extent of the work proposed
and show in detail that the work proposed will conform to the provisions of this Code and all
relevant laws, ordinances, rules and regulations.
(b) The pennittee shall have an appropriate valid California state -issued contractor's
license and shall have filed Worker's Compensation Insurance documentation with the city.
(c) Fees. Before issuance of each grading pemrit the appropriate fees shall be paid as
indicated in the schedule of fees adopted from time to time by resolution of the city council of the
City of West Covina.
(d) Bonds. Bonds or other improvement security satisfactory to the City Engineer and
agreements in an amount equal to at least one hundred (100) percent of the estimated cost of the
work are required to guarantee completion of the work in accordance with the approved plans and
specifications.
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Section 9-4.- Inspections.
The following sections are added to Section J105 (Inspections) to read as follows:
Section J105.1.1
The city engineer shall inspect the project at the various stages of work requiring approval
to determine that the professional consultants are exercising adequate controL
Section 9-5. - Fills.
The following section is added to Section J107 (Fills) to read as follows:
Section J107.10 Method of Construction.
(a) AD fill slopes fifteen (15) feet in height or more and steeper than 3 horizontal to 1
vertical shall be constructed by the "over -fill and cutback" method. These slopes shall be overbuilt
and cut back to grade exposing the firm compacted fill inner core. The actual amount of
overbuilding may vary as field conditions dictate. If the desired results are not achieved, the
existing slopes shall be over -excavated as directed by the soils engineer and reconstructed. The
degree of overbuilding shall be increased until the desired compacted slope surface condition is
achieved. Care shall be taken by the contractor to provide thorough mechanical compaction to the
outer edge of the overbuilt slope surface. As fill slope construction proceeds, the slope surface
shall be thoroughly backtrolled with a sheepsfoot roller at vertical height intervals not exceeding
four (4) feet.
Following the attainment of the desired slope height, the outer surface of overbuilt slopes
shall be cut back to the finished surface contour shown on the approved grading plan. Care shall
be taken by the contractor not to excavate beyond the desired finished slope surface.
(b) Alternate method of construction.
Fill slopes less than fifteen (15) feet in height or flatter than 3 horizontal to 1 vertical may
be constructed by alternative procedures where specifically approved by the soils engineer prior
to grading. Prior to such approval, the contractor shall submit to the soils engineer a detailed
written description of the procedure he proposes to utilize. Within such description, the following
guidelines shall be included. Unless slopes are overfilled and cut back to grade, the outer faces of
all fill slopes shall be backrolled utilizing a sheepsfoot roller at intervals not exceeding four (4)
feet of vertical slope height. Vibratory methods may be required. During construction of the fill
slopes, care shall be taken to maintain near -optimum moisture conditions over the entire slope
height. Following achievement of the slope height as shown on the approved grading plan, the
entire slope face shall be thoroughly compacted utilizing a vibratory sheepsfoot roller. Upon
completion of the above procedures, the faces of all fill slopes height with standard grid -rolling
type of equipment. Prior to grid -rolling, care shall be taken to maintain near -optimum moisture
conditions.
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11/16/2020 Print Staff Report
being amended to include changes in terminology and the replacement of referenced 2016 California
Fire Code Sections in the WCMC with the newly adopted 2019 California Fire Code sections.
The following is a summary of the City's local amendments to the State Building and Fire Codes:
• Accessory Storage Sheds on Residential Properties — has been revised to include a limitation on the
height of storage sheds exempt from building permits by the building code. This amendment set the
maximum height of storage shed of 120-square feet or smaller at no more than one (1) story and ten (10)
feet in height.
• Automatic Fire Sprinklers, One- and Two -Family Dwellings — subsection (4) has been added to reflect
the proposed change in fire sprinklers requirements.
• Idle Pallets — is being added to the Fire Code to address and alleviate potential high -hazard fire concerns
in commercial and industrial occupancies.
• Existing Buildings — is being amended to address and include the requirement for fire sprinklers in
existing one- and two-family dwellings when undergoing major additions/renovations.
Both Fire and Community Development staff have reviewed the proposed ordinances and revisions to the
WCMC to ensure consistencies in proper enforcement of the regulations.
This adoption does not include the California Building Codes' schedules of fees as these fees are set separately
by resolution of the City Council. The code also includes administrative requirements such as for how long a
permit may be valid.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the proposed ordinances as to form.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of
the CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project,
respectively. The amendment to the West Covina Municipal Code would not result in a physical change as it
involves the adoption of Building and Fire Codes which provide for ministerial review.
Prepared by: Jeff Anderson, Community Development Director
Additional Vince Capelle, Fire Chief
Approval:
Attachments
Attachment No. 1 - Building Code Ordinance
Attachment No. 2 - Fire Code Ordinance
CITY Achieve Fiscal Sustainability and Financial Stability
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Following slope construction in the manner described above, if the required uniformly
compacted fill slope condition is not achieved, overfilling and cutting back shall be required.
Completed slopes not approved by the soils engineer shall be over -excavated a minimum of twelve
(12) feet (horizontal) and replaced by the overfilling and cutting back procedure described in
paragraph (a).
Section 9-6. - Drainage and terracing.
Section J109.2 (Terraces) is amended to read:
Terraces. Terraces at least eight (8) feet in width shall be established at not more than
twenty-five (25) foot vertical intervals on all cut or fill slopes to control surface drainage and
debris; except that where only one (1) terrace is required, it shall be at mid -height. For cut or fill
slopes greater than fifty (50) feet and up to one hundred (100) feet in vertical height, one (1) terrace
at approximately mid -height shall be sixteen (16) feet in width. Terrace widths and spacing for cut
and fill slopes greater than one hundred (100) feet in height shall be designed by the civil engineer
and approved by the city engineer and shall meet or exceed the foregoing requirements. Suitable
access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of five (5) percent and must
be paved with reinforced concrete not less than three (3) inches in thickness. They shall have a
minimum depth at the deepest point of one (1) foot and a minimum paved width equal to the width
of the terrace.
A single run of swale or ditch shall not collect runoff from a tributary area exceeding
thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down
drain.
The design height of the slope shall include six (6) feet at the top of the slope to provide
for the contributory area and height of possible walls along the top of the slope.
Exception: The width and spacing of the terraces may be approved by the City Engineer
to be narrower and spaced differently than the preceding requirements provided:
(1) The terrace system is designed by a civil engineer and approved by the soils
engineer. Such design shall include sufficient details and calculations (including hydrology) to
enable full analysis by the city engineer.
(2) Building pads shall have a drainage gradient of at least two (2) percent toward
approved drainage facilities.
The following sections are added to J109 (Drainage and Terracing) to read as follows:
Section J109.5.1 Special Drainage Provisions.
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If the building pad surface is paved, the minimum sheet flow gradient may be reduced to
the following minimum gradients:
Asphaltic concrete pavement, one and one-half (1 'h) percent;
Portland cement concrete, one (1) percent.
Section J109.6 Drainage devices.
(a) Except on slopes, drainage devices with concentrated flow shall be constructed with
minimum gradients as follows:
Portland cement concrete construction ..................
0.5%
Air -blown concrete construction ........................
1.0%
Asphaltic concrete construction ..........................
1.0%
Soil swales..................................................
1.0%
Pipes.........................................................
0.4%
(b) Drainage devices constructed on slopes shall have a minimum gradient of five (5)
percent. Such drainage devices shall be constructed of air -blown concrete or Portland cement
concrete with suitable reinforcement. Closed conduits, unpaved swales and asphalt concrete
drainage structures shall not be used for slope drainage.
(c) Drainage devices shall be constructed to convey drainage to an established private
or public watercourse, channel, storm drain or public street and shall be of a design to prevent
erosion.
(d) Drainage devices conveying water to the public streets shall drain over driveway
approaches or through curb drains or through sidewalk culverts.
Section 9-7. - Erosion control
SECTION J110 EROSION CONTROL
Section J110 Erosion Control Amended and added.
Section J110.1 Generall, Adopted
The following section is added to Section J110 (Erosion Control) to read as follows:
Section J110.1.1. All construction sites are subject to the latest requirements of the City of
West Covina enforced National Pollution Discharge Elimination System (NPDES), Best
Management Practices (BMPs) and applicable polhition control and erosion protection measures
pursuant to Chapter 9, Article II, Stormwater and Urban Run-off Pollutions Control, and Article
III, Flood Drain Management, of the City of West Covina Municipal Code.
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Section J110.2 Other devices. Adopted.
The following section is added to Section J110 (Erosion Control) to read as follows:
Section J110.3 The following subsection have been added to read as follows:
(a) Where slopes are planted for erosion control, the slope shall be watered by a
designed automatic irrigation system approved by the City Engineer. The irrigation system and
landscaping shall have their own plans and specifications. Landscaping shall have a minimum
ninety -day plant establishment period prior to calling for final approval.
(b) The marmer(s) of erosion control shall be specifically addressed in the report
required by section 3309.5 of the Title 26 Los Angeles County Building Code.
(c) The owner of any property on which grading has been performed pursuant to a
permit issued under the provisions of this Code, or any other person or agent in control of such
property, shall maintain in good condition and repair all drainage structures and other protective
devices including burrowing rodent control when shown on the grading plans filed with the
application for grading permit and approved as a condition precedent to the issuance of such
permit.
SECTION 7: Category Code C (Contractors) of Section 14-68 of Chapter 14 of Article II
of the West Covina Municipal Code is hereby repealed.
SECTION 8: Severablty. If any section, subsection, clause or phrase or portion of this
Ordinance 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 all other provisions of this
Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 9: Effective Date. This Ordinance shall become effective 30 days after its
adoption.
SECTION 10: Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
SECTION 11: Certified Copv. The City Clerk shall file a certified copy of this Ordinance
with the California Building Standards Commission.
PASSED, APPROVED AND ADOPTED this 7' day of January, 2020.
28
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Ordinance No. 2463, was introduced at the December 17, 2019 regular
Council meeting and adopted at a regular meeting of the City Council on January 7, 2020, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
29
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ORDINANCE NO.2467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLE H OF CHAPTER 10 OF
THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE
THE 2019 CALIFORNIA FIRE CODE, WHICH ADOPTS BY REFERENCE
THE 2018 INTERNATIONAL FIRE CODE; AND MAKING
AMENDMENTS THERETO
WHEREAS, the California Building Standards Commission recently published the 2019
California Building Standards Code, which includes the 2019 California Fire Code (the '2019 Fire
Code'); and
WHEREAS, the 2019 Fire Code wu71 be effective on January 1, 2020; and
WHEREAS, Section 17958.5 of the California Health and Safety Code permits the City
to make changes or modifications to the 2019 Fire Code, which incorporates by reference the 2018
International Fire Code with California amendments, as codified within the 2019 Fire Code, as
such changes are reasonably necessary because of local climatic, geographical or topographical
conditions; and
WHEREAS, Section 13143.5 of the Health and Safety Code permits the City, by
ordinance to make changes or modifications to the 2019 Fire Code that are more stringent than the
requirements published in the 2019 Fire Code, relating to fire and panic safety; and
WHEREAS, Sections 13143.5 and 17958.7 of the Health and Safety Code require the
City, prior to adopting the ordinance, to make express findings that the adopted standards are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the findings and local amendments apply to all occupancy classifications,
unless specified otherwise; and
WHEREAS, the City Council of the City of West Covina finds that the modifications to
the 2019 Fire Code are reasonably necessary due to the following local climatic, geological, and
topographical conditions:
1. The City of West Covina has a semi -arid climate with a history of extended periods
of draught, and frequent hot, dry winds (Santa Ana Winds) which compounds the increased risk
of the spread of will- and structure -fires.
2. The City of West Covina contains areas of unique geological and topographical
features such as steep slopes, non -cohesive soils, expansive souls, and areas subject to landslide or
liquuefaction.
WHEREAS, the City Council, in accordance with the requirements of Government Code
section 50022.3, conducted a public hearing on January 7, 2020 to consider the adoption of this
Ordinance, which adopts by reference the 2019 Fire Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council fords that all of the recitals set forth herein are true and
correct.
SECTION 2: The City Council makes and adopts as findings the facts and conclusions
set forth in the recitals of this Ordinance and, for the reasons set forth in the recitals, finds that the
modifications to the 2019 California Fire Code are reasonably necessary due to local climatic,
geological, or topographical conditions.
SECTION 3: Article H of Chapter 10 of the West Covina Municipal Code is hereby amended
as follows:
(a) Section 10-20 of Article 11 of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows
Section 10-20. — Adopted.
Except as otherwise provided in this article, the City Council of the City of West Covina hereby
adopts by reference for the purpose of prescribing regulations governing conditions hazardous to
life and property from fire or explosion, that certain Code known as the 2019 California Fire Code,
which adopts by reference the 2018 International Fire Code, published by the International Code
Council, including appendix chapters with errata. In the event of any conflict or ambiguity between
any provision contained in such codes set forth above, and any amendment thereto contained in
this article or other provision of the Municipal Code, the amendment or addition shall control
One (1) complete copy of the 2019 California Fire Code, with errata and supplements and one (1)
complete copy of the 2018 International Fire Code shall be at all tunes maintained by the city clerk
for use and examination by the public.
(b) Section 10-21 of Article H of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows:
Section 10-21. - Establishment and duties of bureau of fire prevention.
(a) The California Fire Code, 2019 Edition, including all indices and appendices shall be enforced
by the bureau of fire prevention in the fire department of the City of West Covina which is
hereby established and which shall be operated under the supervision of the chief of the fire
department.
(b) The fire marshal in charge of the bureau of fire prevention shall be appointed by the chief of
the fire department on the basis of examination to determine his or her qualifications.
(c) The chief of the fire department may recormrend to the city council of the City of West Covina
the employment of technical inspectors, who, when such authorization is made, shall be
selected through an examination to determine their fitness for the position. The examination
shall be open to members and/or non-members of the fire department, and appointments made
after examination shall be for an indefinite term with removal only for cause.
(c) Section 10-22 shall be deleted in its entirety and replaced as follows:
"Section 10-22. -Reserved."
(d) Section 10-27 of Article H of Chapter 10 of the West Covina Municipal Code shall be
amended to read as follows:
Section 10-27. - Amendments made to the California Fire Code.
The California Fire Code, 2019 Edition, as renumbered and adopted under section 10-20 of this
chapter, is hereby amended as follows:
Section 1.1.4 —Appendices —is hereby amended as follows:
Subsection 1.1.4.1 is hereby added to read: Adopted Appendices — The City of West Covina
hereby adopts Appendices A, B, BB, C, CC, D, E, F, G, H, I, K, M, N, and O in their entirety as
contained within the 2019 California Fire Code."
Section 102 — Applicability — is hereby adopted in its entirety.
Section 103 — Department of Fire Prevention — is hereby adopted in its entirety.
Section 104 — General Authority and Responsibilities — is hereby adopted in its entirety and shall
be further amended as follows:
Subsection 104.10 Fire Investigations
The free chief, assistant chief free marshal, deputy fire marshal, fire protection specialist,
captain, engineer, firefighter and firefighter/paramedic shall have the authority to investigate
the origin, cause and circumstance of any fire, explosion or other hazardous condition. While
performing these duties, the listed officers and members of the fire department, if meeting the
definition of `peace officer" as outlined in California Penal Code section 830.37, shall have
the power to arrest any person without warrant whenever they have reasonable cause to believe
that the person has violated any provision of this chapter in their presence. Those persons
certified as `Fire Investigators" shall also have peace officer powers under Penal Code section
830.37.
Section 105.6 is hereby amended to add Sections 105.6.5.1(a) through Sections 105.6.5.1(e) to
read as follows:
Section 105.6.5.1 Christmas Tree Sales Lots
All temporary, outdoor lots for the display and sale of Christmas trees are required to have a
permit and shall be located, maintained, and operated subject to the following provisions:
105.6.5.1(a) Perinks
All applications for pemvts shall be made in writing, filed with the city, and shall state the
name of the applicant, his or her address, and the location of the proposed Christmas tree lot.
The application shall be accompanied by a clearance from the fire chief as to fire regulations
and by a clearance from the department of building and safety as to the proposed electrical
installation, if any, and additionally, by clearance from the engineering department for review
of location in relation to possible interruption of traffic.
• All permits must be posted in a conspicuous place.
• Fires in barbeques or in metal drums or other containers require a special permit that is to
be obtained from the fire department.
105.6.5.1(b) Fire Protection
There shall be maintained in each premises or display area where Christmas trees are sold or
offered for sale, at least two (2) fire extinguishers with a minimum rating of 2A. No
extinguisher shall be more than seventy-five (75) feet travel distance from any tree on display
or in storage.
105.6.5.1(c) Tents or Canopies on Christmas Tree Lots
A separate pennit shall be obtained from the fire department for all tents, canopies and
temporary membrane structures and they shall meet all requirements of Chapter 31 of the
California Fire Code. All tents, canopies and temporary membrane structures shall be made of
flameproof materials or rendered flame retardant by an approved process.
105.6.5.1(d) Display
Christmas trees shall not be sold or displayed indoors or under covered, outdoor walkways of
buildings or shopping centers unless the walkway is protected by an approved automatic fire
sprinkler system, or the display is specifically approved by the fire chief.
105.6.5.1(e) Lot Closure
Christmas trees shall be removed and the debris cleared no later than ten (10) days after the
last day of sale. A fee, as established by resolution of the city council, shall be posted for each
lot with the license collector at the time of issuance of the permit. This fee wil be returned if
the debris is cleared and the lot is removed within the stated time, otherwise the fee will be
used to defray the cost of cleanup and will not be returned.
Chapter 3 is hereby adopted in its entirety, except as amended below:
Section 304.1.2 is amended to read as follows:
Section 304.1.2 Vegetation
Weeds, grass, vines or other growth that is capable of being ignited and endangering property,
shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirements for all residential front, rear and side yards including slopes
shall be maintained, by the owner or occupant, free and clear of all flammable and combustible
vegetation for a distance of 100 feet or to their property line, whichever is closest.
A minimum clearance of 10 feet shall be maintained between all roads and all dry grass, weeds,
vegetation and other combustible material.
A minimum clearance of 10 feet shall be maintained between any tree or portion of a tree from
the outlet of a chimney or stovepipe.
All roofs of any structure shall be maintained free of leaves, needles or other dead vegetative
growth.
It shall be unlawful for any person to deposit any grass, weeds, brush, debris, trash or other
waste material upon any vacant lot or parcel of ground within the City.
A new sub -section 304.1.2(a) - High Fire Hazard Designation - shall be added and shall read as
follows:
The City of West Covina hereby adopts the most recent County of Los Angeles High Fire Hazard
Zone Map to identify and designate high fire hazard areas within city limits.
Section 503 — Fire Department Access Roads - is hereby added and adopted as part of this Code
and shall be amended as follows:
Section 503.3 is amended to read as follows:
Section 503.3 Markings or Postings of Fire Apparatus Access Roads
When required by the fire code official, approved signs or other approved notices shall be
provided for fire apparatus access roads to identify such roads or prohibit the obstruction
thereof. Signs or notices shall be maintained in a clean and legible condition at all tines and
be replaced or repaired when necessary to provide adequate visibility. Those areas determined
to be 'Fire Lanes" shall be posted in accordance to the standards set forth by the West Covina
Engineering Department per the requirements of the West Covina Municipal Code, Section
22-188.
Section 503.4 is amended to read as follows:
Section 503.4 Obstruction or Blocking of Fire Apparatus Access Roads
The required width of a fire apparatus access road shall not be obstructed in any manner,
including via the parking of vehicles. Minimum required width and clearances established
under Section 503.2.1 shall be maintained at all times.
Entrances to roads, trails or other access ways, which have been closed with gates and barriers
in accordance with Section 503.5.1 and 503.2.2, shall not be obstructed by parked vehicles. In
addition, any person excavating or working upon any street, alley, pubic thoroughfare, or fire
apparatus access road and by reason thereof, or for any other reason, causes the same to be
blocked or made impassable, shall notify the fire code official of the fire department at the time
such work is started and upon completion thereof.
Section 503.5.1 and Section 503.6 are hereby amended to read as follows:
Sections 503.5.1 and Section 503.6 - Security Gates and Building Security Access
All security gates shall be operable by the fire department by way of an emergency entry
system approved by the free chief.
All security access systems on building entrances or openings used for emergency access shall
be operated by the fire department by way of a card reader, which will accept a fire department
master key card. At the discretion of the free chief or fire code official, an approved key box
or a radio operated control system may be required as a substitute, or in addition to, the
emergency key card entry system
Section 505.1 is amended to read as follows:
Section 505.1 Address Numbers
New and existing buildings shall have approved address numbers, building numbers or
approved bolding identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum
of 4 inches high, for residential homes, with a minimum stroke width of 0.5 inch.
Numbers for commercial or industrial buildings shall be a minimum of 8 inches high, located
near to top corner of the structure facing the street. Any building which exceeds a setback of
greater than 50' but does not exceed 100' from the curb face must have a minimum of 10 inch
numbers. Any building which exceeds a setback of greater than 100' but does not exceed 200'
from the curb face must have a minimum of 12 inch numbers.
Section 507.3 and Appendix B are amended as follows:
A new Subsection 507.3.1 —Fire Flow Minimum Requirement — shall be added to read as follows:
Water mains and piping supplying fire hydrants shall not be of a size less than that specified
by applicable, adopted Standards, and installation shall be accompanied by hydraulic
calculations supporting the size of piping installed. Underground piping shall be capable of
supplying a minimum of 1000 gallons per minute, at a residual pressure of at least 20 psi
Chapter 9 — Fire Protection Systems — is adopted in its entirety with the following deletions and
amendments:
Section 901.2 is hereby deleted in its entirety.
Section 901.4 is amended to read as follows:
Section 901.4Installation
Fire protection systems shall be maintained in accordance with the original installation
standards for that system Required systems shall be extended, altered or augmented as
necessary to maintain and continue protection whenever a bolding is altered, remodeled or
added to. Alterations to fire protection systems shall be done in accordance with applicable,
adopted Standards.
All new fire protection systems shall be designed, installed and maintained in accordance with
applicable, adopted Standards of the National Fire Protection Association.
Two new sub -sections, 901.4.4(a) and 901.4.4(b), shall be added to read as follows:
11/16/2020 Print Staff Report
COUNCIL Enhance the City Image and Effectiveness
GOALS & Protect Public Safety
OBJECTIVES:
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Section 901.4.4.1 In Group R occupancies, when a fire sprinkler system is designed and
installed under the NFPA 13D or 13R Standards, additional areas may require fire sprinklers
at the discretion of the fire official These areas may include, but not be limited to, areas such
as closets or bathrooms under stairways; special water heater enclosures; accessible attic or
storage spaces, basements and similar areas.
Section 901.4.4.2 In Group R occupancies with a combined fire/domestic service installed, a
main control valve, identified by signage, shall be installed before the tee split to the domestic
piping, in addition to a domestic -only control valve. The main control valve shall be clearly
identified, be readily accessible, and shall be ready for use without requiring a tool or wrench
to operate. A separate fire -only control valve shall not be allowed.
Section 901.6.1 is amended to read as follows:
Section 901.6.1 Standards
Fire protection systems shall be inspected, tested and maintained in accordance with the
referenced Standards listed in Table 901.6.1.
The design, installation, inspection and maintenance of all automatic fire sprinkler systems
shall meet the requirements of the 2016 Editions of the National Fire Protection Association
(NFPA) Standards 13, 13R, 13D and 25, as applicable.
Section 903.2 is hereby amended to read as follows:
Section 903.2 Fire Sprinkler Systems - Where Required
Approved automatic sprinkler systems shall be provided in specific buildings, occupancies and
structures as follows:
(1) New Buildings — Notwithstanding any applicable provisions of Sections 903.2.1 through
903.2.19 of this Code, an automatic fire extinguishing system shall be installed in all new
structures when the total building area, as defined in Section 202, exceeds five thousand
(5,000) square feet or is more than two stories in height, regardless of fire or allowable
areas.
Exception: Subject to the approval of the fire code official, open parking garages, in accord
with Section 406.5 of the California Building Code.
(2) Existing Buildings:
Notwithstanding any applicable provisions of this Code, an automatic fire sprinkler system
shall be provided in any existing building upon occurrence of any of the following:
(a) In any existing building after the completion of any major alteration or addition which will exceed
five thousand (5,000) square feet in floor area;
(b) In any existing building where an addition or additions exceeds twenty-five (25) percent of
the existing floor area as of January 1, 1990 or five thousand (5,000) square feet, whichever is
less, and the existing building is over five thousand (5,000) square feet;
(c) When the value of alterations or repairs to an existing building, which is five thousand (5,000)
or more square feet, exceeds twenty-f%e (25) percent of the value of the budding in any
twelve (12) month period.
Exception: In any existing one and two family dwelling, fire sprinklers will be required
where an addition of one thousand (1,000) square feet or more is added, where an addition
or creation of a habitable floor level above or below the existing level of exit discharge
takes place, or when alterations are made which affect fifty (50) percent or more of the
structural or roof framing.
`Major Alterations or Repairs" is defined as alterations or repairs requiring budding permits
to an existing building or structure of five thousand (5,000) square feet or more where the
project valuation cost equals to or exceeds twenty five (25) percent of the current fair market
value of said budding or structure.
Section 903.2.3 is hereby amended as follows:
The following exceptions in the California Fire Code shall NOT be permitted:
a) Exception in Section 903.2.3
b) Exception in Section 903.2.11.3
A new Subsection 903.3.5.3 is hereby added to read as follows:
Section 903.3.5.3 — Hydraulically calculated systems. The design of hydraulically calculated fire
sprinkler systems shall not exceed ninety (90) percent of the water supply capacity.
Section 903.4.2 is hereby amended as follows:
A new Subsection 903.4.2.1 is hereby added to read as follows:
Section 903.4.2.1 — At the discretion of the fire official, at least one interior audible alarm device,
connected to the fire sprinkler flow switch, may be required for residential occupancies and
individual commercial tenant spaces where it is determined that the exterior audible device may
not provide adequate occupant notification in the event of a fire.
Section 5608 is amended to read as follows:
Section 5608.2 - Permit Required
The city council may permit any person, licensed by the State fire marshal, to conduct a public
display of fireworks, and for that purpose to use and discharge fireworks at such tins and
such places in the city as the city council may fix and establish, provided that a written
application for a permit to do so is filed with the chief of the fire department of the city at least
fifteen (15) days in advance of the date of the display. It shall be the duty of the chief of the
fire department to whom the application for a permit is made to make an investigation and
submit a report of his or her findings and recommendations for or against reasons therefore, to
the city council. The city council shall have the power in its discretion to grant or deny the
permit. If the permit is granted, the applicant shall furnish the city with a certificate of insurance
in adequate amount, which shall also contain a clause hokling the city harmless from any
damage or injury resulting from granting the permit.
Section 5609 is hereby amended to read as follows:
Subsection 5609.2 — Sale and Retail Display — shall be added and shall read as follows:
No person shall construct a retail display nor offer for sale any explosives, explosive materials
or fireworks upon any highway, street, sidewalk, public or private property, or from any
occupancy within the city.
The sale, use and discharge of fireworks, including those classified as "Safe and Sane" is
prolubited within the City of West Covina limits.
Chapter 80 shall be amended as follows :
(1) Revise NFPA 13D, Section 7.6, as follows:
7.6 Local waterflow alarms shall be provided on all sprinkler systems.
(2) Revise NFPA 13D, Section 8.3.5. and 8.3.5.1, as follows:
8.3.5 Sprinklers shall not be required in attics without storage or other concealed spaces
that are not used or intended for living purposes.
8.3.5.1 (Replace Wording) When fuel -fired equipment is present in the attic, at least one
quick -response, intermediate temperature sprinkler shall be installed above the equipment.
(3) Delete in entirety NFPA 13D Sections 8.3.5.1.1 and 8.3.5.1.2.
(4) Revise NFPA 13D, Section 8.3.9, as follows:
8.3.9 Sprinklers shall be installed in any closet or combustible enclosure containing
heating and/or air conditioning equipment, washers and/or dryers, or water heaters.
SECTION 4: Severability. If any section, subsection, clause or phrase or portion of this
Ordinance 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 all other provisions of this
Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional
SECTION 5: Effective Date. This Ordinance shall become effective 30 days after its
adoption.
SECTION 6: Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
SECTION 7: Certified Copy. The City Clerk shall file a certified copy of this Ordinance
with the California Building Standards Commission.
ATTACHMENT NO.2
PASSED, APPROVED AND ADOPTED this Th day of January, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Ordinance No. 2467, was introduced at the December 17, 2019 regular
Council meeting and adopted at a regular meeting of the City Council on January 7, 2020, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
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ORDINANCE NO.2463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLES H, IV, V, VI, AND VH
OF CHAPTER 7, ADDING ARTICLES MX, XX, AND XXI TO CHAPTER
7, AMENDING ARTICLE I OF CHAPTER 9 AND ARTICLE H OF
CHAPTER 10 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT
BY REFERENCE TITLE 26 (BUILDING CODE) OF THE LOS ANGELES
COUNTY CODE, WHICH ADOPTS BY REFERENCE THE 2019
CALIFORNIA BUILDING CODE; TITLE 27 (ELECTRICAL CODE) OF
THE LOS ANGELES COUNTY CODE, WHICH ADOPTS BY
REFERENCE THE 2019 CALIFORNIA ELECTRICAL CODE; TITLE 30
(RESIDENTIAL CODE) OF THE LOS ANGELES COUNTY CODE,
WHICH ADOPTS BY REFERENCE THE 2019 CALIFORNIA
RESIDENTIAL CODE; TITLE 29 (MECHANICAL CODE) OF THE LOS
ANGELES COUNTY CODE, WHICH ADOPTS BY REFERENCE THE
2019 CALIFORNIA MECHANICAL CODE; TITLE 28 (PLUMBING
CODE) OF THE LOS ANGELES COUNTY CODE, WHICH ADOPTS BY
REFERENCE THE 2019 CALIFORNIA PLUMBING CODE, TITLE 31
(GREEN BUILDING STANDARDS CODE) OF THE LOS ANGELES
COUNTY CODE, WHICH ADOPTS BY REFERENCE THE 2019
CALIFORNIA GREEN BUILDING STANDARDS CODE; TITLE 33
(EXISTING BUILDING CODE) OF THE LOS ANGELES COUNTY CODE,
WHICH ADOPTS BY REFERENCE THE 2019 CALIFORNIA EXISTING
BUILDING CODE; AND MAKING AMENDMENTS THERETO; AND
AMENDING ARTICLE H OF CHAPTER 14 OF THE WEST COVINA
MUNICIPAL CODE TO REPEAL THE CONSTRUCTION CONTRACTOR
LICENSE FEE
WHEREAS, the California Building Standards Commission recently published the 2019
California Building Standards Code, which includes the 2019 Building, Electrical, Phunbing,
Mechanical, Residential Green Building Standards, and Existing Building Codes (the '2019
Codes'); and
WHEREAS, the 2019 Codes will be effective on January 1, 2020; and
WHEREAS, State law requires the enforcement of the 2019 Codes, or local ordinances
that amend the 2019 Codes with building standards that are generally more restrictive than the
2019 Codes and which are reasonably necessary due to local climatic, geological, and/or
topographical conditions; and
WHEREAS, on November 26, 2019, the Los Angeles County Board of Supervisors
adopted ordinances amending Titles 26, 27, 28, 29, 31, and 33 of the Los Angeles County Code,
which adopt by reference the 2019 California Bolding Code, 2019 California Electrical Code,
2019 California Phunbing Code, 2019 California Mechanical Code, 2019 California Green
Building Standards Code, and 2019 California Existing Building Code, respectively, with
amendments based upon express findings that such modifications are reasonably necessary due to
climatic, geological, or topographical conditions; and
WHEREAS, the City Council of the City of West Covina finds that the modifications to
the 2019 Codes made by Los Angeles County and the additional modifications set forth herein are
reasonably necessary due to the following local climatic, geological, and topographical conditions:
1. The City of West Covina has a semi -arid climate with a history of extended periods
of draught, and frequent hot, dry winds (Santa Ana Winds) which compounds the increased risk
of the spread of will- and structure -fires.
2. The City of West Covina contains areas of unique geological and topographical
features such as steep slopes, non -cohesive soils, expansive soils, and areas subject to landslide or
liquefaction; and
WHEREAS, Titles 26, 27, 28, 29, 31, and 31 of the Los Angeles County Code are used
throughout the County of Los Angeles and are adopted by several incorporated cities within the
County; and
WHEREAS, the City Council desires to adopt Titles 26, 27, 28, 29, 31, and 31 of the Los
Angeles County Code, including the express findings contained therein relating to local climatic,
geological, and topographical conditions; and
WHEREAS, the City Council, in accordance with the requirements of Government Code
section 50022.3, conducted a public hearing on January 7, 2020 to consider the adoption of this
Ordinance, which adopts by reference Titles 26, 27, 28, 29, 31, and 31 of the Los Angeles County
Code, which adopt by reference the 2019 California Building Code, 2019 California Electrical
Code, 2019 California Plumbing Code, 2019 California Mechanical Code, 2019 California Green
Building Standards Code, and 2019 California Existing Building Code, respectively.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all of the recitals set forth herein are true and
correct.
SECTION 2: The City Council makes and adopts as findings the facts and conclusions
set forth in the recitals of this Ordinance and, for the reasons set forth in the recitals, finds that the
modifications to the 2019 California Building Standards Code are reasonably necessary due to
local climatic, geological, or topographical conditions.
SECTION 3: Articles B, IV, VI, and VB of Chapter 7 of the City of West Covina
Municipal Code are hereby amended as follows:
(a) Section 7-16 is hereby deleted in its entirety and replaced as follows:
Section 7-16. - Adoption of Title 26 (Building Code) of Los Angeles County Code.
(1) Except as otherwise provided in this article, the 2019 California Building Code as
amended by Title 26 (Building Code) of the Los Angeles County Code and the 2019
California Residential Code as amended by Title 30 (Residential Code) of the Los Angeles
County Code, as amended and in effect on January 1, 2020, together with their appendices,
which regulate the erection, construction, enlargements, alteration, repair, moving,
removal, conversion, demolition, occupancy, use, equipment, height, area, security,
abatement, and maintenance of buildings or structures within the city, provide for the
issuance of permits and collection of fees therefor, and provide for penalties for violation
thereto, are hereby adopted by reference as if fully set forth herein, and conflicting
ordinances are hereby repealed.
(2) One (1) complete copy of Title 26 and one (1) complete copy of Title 30 will be on file
and accessible to the public for inspection at the office of the building official. In the event
of any conflict or ambiguity between any provision contained in such codes set forth above
and any amendment thereto contained in this article or other provision of the Code, the
amendment or addition shall control
(b) Section 7-18 is hereby deleted in its entirety and replaced as follows:
Section 7-18.—Violations and penalties.
Section 103.1 of Title 26 of the Los Angeles County Code is hereby amended to read as
follows:
"Section 103.1. It shall be unlawful for any person, firm, corporation, or business
association of any kind to erect, construct, enlarge, alter, repair, move, improve, remove, convert,
relocate, demolish, equip, use, occupy or maintain any building or structure in the city, or cause
the same to be done, contrary to or in violation of any of the provisions of this article.
Any person, firm, corporation, or business association of any kind violating any of the
provisions of this article is guilty of a misdemeanor except that notwithstanding any other
provisions of this Code, any such violation constituting a misdemeanor under this article may, in
the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an
infraction.
Violations of this article that are charged as misdemeanors shall be punishable, for each
offense, by a fine of not more than one thousand dollars ($1,000.00) and/or confinement in county
jail for not more than six (6) months or by both such fine and confinement.
Violations of this article that are charged as infractions shall be punishable to the maximum
extent permitted under California Government Code section 36900(c).
Notwithstanding the foregoing, a city enforcement official, upon determining that a person,
fine, corporation, or business association of any kind has committed a violation of this article, may
in his/her discretion, issue an administrative citation to the responsible party using the procedures
Section 15-223 of this Code."
Section R113.4 of Title 30 of the Los Angeles County Code is hereby amended to read as
follows:
"Section R113.4. It shall be unlawful for any person, firm, corporation, or business
association of any kind to erect, construct, enlarge, alter, move, improve, convert or demolish,
equip, use, occupy or maintain any building or structure in the City of West Covina, or cause same
to be done, contrary to or in violation of any of the provisions of this article.
Any person, firm, corporation, or business association of any kind violating any of the
provisions of this article is guilty of a misdemeanor except that notwithstanding any other
provisions of this Code, any such violation constituting a misdemeanor under this article may, in
the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an
infraction.
Violations of this article that are charged as misdemeanors shall be punishable, for each
offense, by a fine of not more than one thousand dollars ($1,000.00) and/or confinement in county
jail for not more than six (6) months or by both such fine and confinement.
Violations of this article that are charged as infractions shall be punishable to the maximum
extent pennitted under California Government Code section 36900(c).
Notwithstanding the foregoing, acity enforcement official, upon determining that aperson,
firm, corporation, or business association of any kind has committed a violation of this article, may
in his/her discretion, issue an administrative citation to the responsible party using the procedures
Section 15-223 of this Code."
(c) Section 7-18.1 is hereby deleted in its entirety and replaced as follows:
Section 7-18.1. — Expiration of permits.
Section 106.5.4 of the Title 26 of the Los Angeles County Code is hereby amended to add
Section 105.6.5.4.1 to read as follows:
"Section 106.5.4.1 Every permit shall become null and void by limitation whenever the
work that is done during any continuous period of one -hundred eighty days (180) amounts to less
than ten (10) percent of the total work authorized by such permit."
Section R105.5 of Title 30 of the Los Angeles County Code is hereby amended to add
Section R105.5.1 to read as follows:
"Section R105.5.1. Every permit shall become null and void by limitation whenever the
work is done during any continuous period of one -hundred and eighty days (180) amounts to less
than ten (10) percent of the total work authorized by such permit."
(d) Section 7-18.2 is hereby deleted in its entirety and replaced as follows:
Section 7-18.2. — Unfinished buildings.
Section 106.5.4 of Title 26 of the Los Angeles County Code is hereby amended to add
Section 106.5.4.1 to read as follows:
"Section 106.5.4.1 Unfinished buildings and structures. Whenever the building official
determines by inspection that work on any building or structure for which a permit has been issued
and the work started thereon has been suspended for a period of one hundred eighty (180) days or
more, the owner of the property upon which such structure is located or other person or agent in
control of said property upon receipt of notice in writing from the department to do so shall within
ninety (90) days from the date of such written notice obtain a new permit to complete the required
work and diligently pursue the work to completion or shall remove or demolish the building or
structure within one hundred twenty (120) days from date of the written notice."
Section R105.3.2 of Title 30 of the Los Angeles County Code is hereby amended to add
Section R105.3.2.1 to read as follows:
"Section R105.3.2.1 Unfinished buildings and structures. Whenever the Building Official
determines by inspection that work on any building or structure for which a permit has been issued
and the work started thereon has been suspended for a period of one hundred eighty (180) days or
more, the owner of the property upon which such structure is located or other person or agent in
control of said property upon receipt of notice in writing from the department to do so shall within
ninety (90) days from the date of such written notice obtain a new permit to complete the required
work and diligently pursue the work to completion or shall remove or demolish the budding or
structure within one hundred twenty (120) days from date of the written notice."
(e) Section 7-18.3 is hereby deleted in its entirety and replaced as follows:
Section 7-18.3. — Fees.
Section 107 of the Title 26 of the Los Angeles County Code shall be deleted in its entirety
and replaced as follows:
"Section 107. Fees
(a) Building Permit Fees. A fee for each building permit shall be paid to the building
official as set forth in resolution of the city council. Determination of value under any of the
provisions of this Code shall be made by the building official. The valuation to be used in
computing the permit and plan review fees shall be the total value of all construction work for
which permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating,