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Item 14 - CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES BUILDING CODEAGENDA ITEM NO. 14 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: December 6, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2508 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO BACKGROUND: Historically, the City of West Covina has adopted the Los Angeles County building codes by reference. These codes contain essential amendments and additions to the State Building Codes. Included in these amendments are the important chapters for grading, seismic requirements and substandard properties. The State of California adopts and publishes State Building Codes and mandates they become effective throughout the State 180 days after publication. On July 1, 2022, the California Building Standards Commission published Title 24, the California Building Standards Code, with the codes becoming effective January 1, 2023. The State of California updates the model codes related to building and fire safety every three (3) years. Local agencies are required to adopt the State model codes unless they adopt their own codes. In order to ensure that building construction standards remain up-to-date and relevant, the State of California amends and adopts the International Code Council (ICC) model codes every three years. The 2022 California Codes represent modifications, additions, and deletions to reflect State laws and statutes. The 2022 California Codes will take effect on January 1, 2023. On October 18, 2022, the County of Los Angeles Board of Supervisors introduced ordinances adopting by reference the 2022 California Building Codes with local amendments. The Los Angeles County Board of Supervisors conducted a public hearing and adopted the ordinances on November 15, 2022. State law requires local governments to enforce California Title 24 (the State's Building Codes which originate from the International Code Council and the International Association of Pluming and Mechanical Officials). Many jurisdictions in Los Angeles County wait to comply with this requirement until the County of Los Angeles adopts the Building Codes and all of the associated local amendments. Then, these jurisdictions adopt the County Building Codes. Consistent with past practice, staff is recommending that the City adopt the 2023 Los Angeles County Codes. The major benefits realized by adopting the County Codes are: . The County Codes are common and well known to contractors. . The County Codes contain well -reasoned local amendments that are supported by findings and which are consistently applied throughout the County of Los Angeles. . The County Codes are virtually identical to the Codes adopted by the City of Los Angeles and many other cities. . The County Codes are readily available for purchase by architects, engineers, and contractors. . Users can purchase the amendments to the California Codes direct from ICC (the publisher of the California Building Code), and insert those sheets directly into the California Codes, making it much easier for users to understand the context and to achieve compliance. . Because of their widespread use, the County Codes are close to acting as a standard. Many of the architects and general contractors the City does business with have already purchased the County amendments to the California Codes because they work in areas where the County Codes are enforced. . Far less language must be codified into the Municipal Code, thereby reducing the City's codifying costs. . The California Codes and Los Angeles County amendments and the findings can be viewed at the following links. Building Code and Findings http://file.lacounty.gov/SDSinter/bos/supdor-s/1 73612.pdf Residential Code and findings http://file.lacounty.gov/SDSinter/bos/supdocs/1 73615.pdf Electrical Code and findings http://file.lacounty.gov/SDSinter/bos/supdocs/1 73568.pdf Plumbing Code and findings http://fi le.lacou ntV.gov/S DS I nter/bos/supdocs/173643. pdf Mechanical Code and findings http://file.lacounty.gov/SDSinter/bos/supdor-s/1 73614.pdf Existing Building Code and findings hftp://file.lacounty.gov/SDSInter/bos/supdocs/1 73617.pdf California Codes can be viewed at https://www.dgs.ca.gov/BSC/Codes On November 15, 2022, the City Council introduced the proposed Ordinance No 2508 and adopted Resolution No. 2022-116, making findings regarding the needfor modifications to the 2022 California Building Codes. DISCUSSION: As part of the Code update, the Code will include the following changes: . Reorganized by grouping the Codes adopted by reference and amended certain administrative provisions to fit better to current workflows of the City. . Expiration terms have been changed from 180 days to 1 year to be in compliance with Section 18938.6 of the Health and Safety Code. Chapter 9, Article I has been amended to adopt by reference the 2023 Los Angeles County Appendix J of the Building Code to regulate onsite grading and drainage. 2022 Codes Highlights Come January 1, 2023, the 2022 Edition of Title 24 California Codes of Regulations will be effective with significant changes to the previous edition. Among the changes, those made in the California Energy Code and California Green Building Code will have a major impact on residential construction, including Single-family and Multifamily dwellings. Toward the goal of reducing carbon emissions and saving energy, the new codes include measures to improve energy efficiency in existing home renovations. Key changes are listed as follows: California Energy Code: . In addition to expanding the current photovoltaic (PV) installation requirement, new homes must be electric vehicle -ready, having the ability to use renewable energy on all electric appliances without requiring connection to natural gas supply and also battery -ready. These requirements are intended to help alleviate stress on the electric grid system during peak periods. . Energy calculations for new homes and existing homes use electric heat pump technology for space conditioning and water heating as the baseline. Any alternative method of energy use must meet the efficiency standards of this technology. . To meet the efficiency standards of heat pump technology, the re -roofing of existing homes and the replacement of water heaters and HVAC units will trigger stringent measures for insulation. This means that the roof and ceiling also must be insulated. . PV installation is now required for new multifamily dwellings. . New nonresidential buildings now must meet PV and battery installation requirements. California Green Building Code: . New multifamily dwellings must be electric vehicle (EV) - ready and charging outlets. . Multifamily dwellings now must install an increased number of charging stations. . When adding parking spaces or altering electrical systems in a parking facility in a multifamily home, additional EV charging facilities must be added. Staff recommends that the City Council adopt Ordinance No. 2508. The ordinance will take effect on the 31st day following adoption, which is on or about January 6, 2023. LEGAL REVIEW: The City Attorney's Office has reviewed the ordinance and approved it as to form. The City Council has the following options: 1. Approve Staffs recommendation; or 2. Provide alternative direction. Prepared by: Ayla Jefferson- CBO, CSP, Building Official Fiscal Impact FISCAL IMPACT: This is strictly an administrative item, therefore; there is no fiscal impact associated with this action. Attachments Attachment No. 1 - Ordinance No. 2508 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety A Well -Planned Community Expand Economic Development Opportunities ATTACHMENT NO. 1 ORDINANCE NO. 2508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO WHEREAS, the California Building Standards Commission recently published the 2022 California Building Standards Code, which includes the 2022 Building, Electrical, Plumbing, Mechanical, Residential, and Existing Building Codes (the "2022 Codes"); and WHEREAS, the 2022 California Codes will be effective on January 1, 2023; and WHEREAS, Section 17958.5 of the California Health and Safety Code permits the City to make changes or modifications to the 2022 Codes as such changes are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, prior to making any modifications or changes pursuant to Section 17958.5 of the California Health and Safety Code, Section 17958.7 of the Health and Safety Code requires the City to make express findings that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, on November 15, 2022, the Los Angeles County Board of Supervisors adopted ordinances amending Titles 26, 27, 28, 29, 30, and 33 of the Los Angeles County Code, which adopt by reference the 2022 California Building Code, 2022 California Electrical Code, 2022 California Plumbing Code, 2022 California Mechanical Code, 2022 California Residential Code, and 2022 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, Titles 26, 27, 28, 29, 30, and 33 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, 30, and 33 of the Los Angeles County Code. WHEREAS, the City Council of the City of West Covina has determined that modifications to the 2022 Codes are reasonably necessary due to local climatic, geological, and topographical conditions, as detailed in Resolution No. 2022-116; and WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred. Ordinance No. 2508 Page 1 of 15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. 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 and Resolution No. 2022-116, finds that the modifications to the 2022 California Building Standards Code are reasonably necessary due to local climatic, geological, or topographical conditions. SECTION 2. Amendment to Article I of Chapter 7. Article I of Chapter 7 of the City of West Covina Municipal Code is hereby amended to add Sections 7-1 and 7-2 to read as follows: Sec. 7-1. - Definition of terms. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in the titles of the Los Angeles County Code adopted pursuant to this chapter. Words and phrases not defined by this chapter have the meanings set forth in the Los Angeles County Code. If the definition of any term contained in this chapter conflicts with the definition of the same term in the Los Angeles County Code, then the definition contained in this chapter governs. "Building and safety division" means the building division of the community development department of the city. "Code" or "codes" means the applicable version of the codes adopted by reference in this chapter. "County' means City of West Covina or Los Angeles County depending on the context. "Health office" means the Los Angeles County Department of Health Services." Sec. 7-2. - Fees. All fees required pursuant to this chapter shall be established by resolution of the city council. SECTION 3. Amendment to Article II of Chapter 7. Article II of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE II. - BUILDING CODE Sec. 7-16. - Adoption of Title 26 (Building Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 26 (Building Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Building Code with amendments, together with its appendices, which regulates the erection, construction, enlargement, 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, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. Ordinance No. 2508 Page 2 of 15 (b) One (1) complete copy of Title 26 and one (1) complete copy of the 2022 California Building Code 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 this Code, the amendment shall control. Sec. 7-17. - Board of appeals. Section 105.1.1 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows: 105.1.1 General. Unless otherwise provided for below, in order to conduct the hearings provided for in this Code, there shall be a Building Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a builder who is a licensed general contractor, one a lawyer, and two structural engineers, each of whom shall have had at least 10 years of experience as an architect, builder, lawyer, or structural engineer. The Building Official shall be an ex officio member and shall act as secretary to the Board. The members of the Building Board of Appeals shall be appointed by the city manager and shall hold office at his/her pleasure. The board shall adopt rules of procedures for conducting its businesses. Sec. 7-18. — Expiration and extension of applications Section 106.4.1.1 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows: 106.4.1.1 Expiration of plan check applications. Plan check applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and become null and void. Plans and calculations previously submitted may thereafter be returned to the applicant or destroyed by the building official. When requested in writing by the applicant, the building official within their discretion may grant up to two extensions not exceeding 180 days per extension, provided: The duration of time from the date of expiration has not exceeded 180 days; 2. Circumstances beyond the control of the applicant have prevented action from being taken; and 3. An extension fee is paid as determined by resolution of the city council. Once an application and any extension thereof has expired, the applicant shall resubmit plans and calculations and pay a new application fee. Section 106.5.4 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows: 106.5.4 Permit expiration. Every permit issued by the building official under the provisions of this Code shall expire automatically by limitation and become null and void one year after the date of the last required building inspection approved by the building official or if work Ordinance No. 2508 Page 3 of 15 authorized by such permit is not commenced within one year from the issuance date of such permit. For the purposes of this section, 'required building inspection" shall mean those inspections listed specifically identified on the job record issued with the building permit or identified by the building official. No partial inspection shall meet the definition of "required building inspection." Supplementary permits for electrical, mechanical, and plumbing shall not expire so long as the associated building permit remains active. No electrical, mechanical, or plumbing inspection shall satisfy the requirement to have a required building inspection as defined in this section. When requested in writing by the applicant, the building official within his/her discretion may grant one or more extensions not exceeding 180 days per extension, provided: 1. The duration of time from the date of expiration has not exceeded 180 days; 2. Circumstances beyond the control of the applicant have prevented action from being taken; 3. No changes have been made or will be made in the original plans and calculations for such work; 4. An extension fee is paid in an amount determined by city council resolution. Where a permit has expired and does not meet the preceding criteria, a permit may be issued for the remaining work based on the remaining work valuation subject to compliance with current regulations and payment of plan check and permit fees. Sec. 7-19. - Fees and refunds. Section 107 of Title 26 of the Los Angeles County Code shall be deleted in its entirety and replaced as follows: 107.1 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, air conditioning, elevators, fire -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. 107.2 Plan review fees. When an application for a building permit is submitted for review, a plan review fee shall be paid to the building official. Said fee shall be equal to 85 percent of the building permit fee as set forth in resolution of the city council. Ordinance No. 2508 Page 4 of 15 In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this Code. The fees specified in this section are separate fees from the permit fees specified in Section 107.1. 107.3 Work without permit; investigation fee. Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. A special investigation fee shall be collected prior to the issuance of a permit. The investigation fee shall be equal to the amount of the permit fee that would be required by this chapter if a permit were to be issued and shall be in addition to the permit fee if a permit is required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. 107.4 Permit refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been cancelled, the permittee may submit a written request to the building official requesting a refund of permit fees, provided the request has been submitted within one year from the date of cancellation or expiration of the permit. The building official may authorize the refunding of not more than 80 percent of the permit fee paid. 107.5 Plan check refunds. No portion of the plan checking fee shall be refunded, unless no review has been performed, in which case 80 percent of the plan checking fee may be refunded upon the request of applicant to withdraw or cancel the application. Sec. 7-20. - Use and occupancy. Section 109 of Title 26 of the Los Angeles County Code is hereby amended in its entirety to read as follows: 109.1 Use and occupancy. No building, structure or premises, or portion thereof, shall be used or occupied, and no change in the existing occupancy classification of a building, structure or premises, or portion thereof, shall be made until the building official has approved the building, structure or premises or portion thereof for such use or occupancy and until all permits have been approved or a temporary certificate of occupancy has been issued. Upon final inspection approval of a building permit and at the request of the applicant, a certificate of occupancy may be issued by the building official for any structure which is ready to occupy. Approval of a building, structure or premises, or portion thereof, for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of occupancy or issuance of a temporary certificate of occupancy) shall not be construed as approval of a violation of the provisions of this Code, relevant laws, ordinances, rules and/or regulations. Approvals presuming to give authority to violate or cancel the provisions of this Code, relevant laws, ordinances, rules and/or regulations are not valid. Ordinance No. 2508 Page 5 of 15 The building official may, in writing, suspend or revoke any such approvals or certificates whenever the building official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building, structure or premises, or portion thereof, is in violation of any provision of this Code, relevant laws, ordinances, rules and/or regulations. 109.2 Change in use. Changes in the character or use of a building shall not be made except as specified in Existing Building Code. 109.3 Certificate issued. When the building, structure or premises, or portion thereof, has passed final inspection, and when the building, structure or premises complies with this Code, relevant laws, ordinances, rules and regulations, and the required fees have been paid, the building official, upon request of the applicant, may issue a certificate of occupancy which shall contain the following: 1. The building permit number. 2. The address of the building or structure. 3. A description of that portion of the building for which the certificate is issued. 4. A statement that the described portion of the building was inspected and found to comply with the requirements of this Code, relevant laws, ordinances, rules and regulations for the group and division of occupancy and the use for which the proposed occupancy is classified. 5. The date the permit was approved. 6. Any other information deemed necessary by the building official. 109.4 Temporary certificate. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 109.5 Live loads posted. A durable sign that indicates the "live load" shall be required in commercial or industrial buildings where the floor or roof or portion thereof is or has been designed with a live load that exceeds 50 psf. The live load sign shall be posted on that part of each story or roof to which it applies, in a conspicuous place. The live load sign shall be posted as a condition precedent to the issuance of a certificate of occupancy. It shall be unlawful to remove or deface any such sign. 109.6 Revocation. The building official is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this Code or other ordinance of the jurisdiction. Sec. 7-21. - 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 Roof Coverings. (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 Ordinance No. 2508 Page 6 of 15 occupancy classification, shall be of noncombustible or fire -retardant construction as defined in Section 1505 of Title 26, Los Angeles County Building Code. Roof coverings shall bear a minimum Class `B' Fire Classification as defined in Section 1505.1 of the Title 26, Los Angeles County Building 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 (12)-month period must be made in conformance with subsection (a) herein. Room additions must also comply with said subsection (a). Sec. 7-22. - Fire protection and life safety systems. Chapter 9 of Title 26 of the Los Angeles County Code is hereby deleted in its entirety and replaced with Chapter 9 of California Fire Code as adopted and amended by Chapter 10, Article II, Section 10-20 of this Code. Sec. 7-23. - Swimming pool safety. Title 26 of the Los Angeles County Code is hereby amended to add Section 3109.3 to read as follows: Section 3109.3 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: 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 building 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 Ordinance No. 2508 Page 7 of 15 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. Sec. 7-24. - Violations and penalties. 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 4. Amendment to Article III of Chapter 7. Article III of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE III. - RESIDENTIAL CODE Sec. 7-38. - Adoption of Title 30 (Residential Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 30 (Residential Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Ordinance No. 2508 Page 8 of 15 Residential Code with amendments, together with its appendices, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. (b) One (1) complete copy of Title 30 and one (1) complete copy of the 2022 California Residential Code 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 this Code, the amendment or addition shall control. Sec. 7-39. - Roof coverings. 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 Roof coverings. (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 Title 26, Los Angeles County Building Code, and Section R903.1 of the of Title 30, Los Angeles County Residential Code. Roof coverings shall bear a minimum Class 'B' Fire Classification as defined in Section 1505.1 of Title 26, Los Angeles County Building Code and Section R905.1 of 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 (12)-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 Title 26, Los Angeles County Building Code. Penthouses shall be constructed as required in chapter 15 of 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. Sec. 7-40. - Automatic fire sprinkler systems. Section R313 of Title 30 of the Los Angeles County Code is hereby deleted in its entirety and replaced with Chapter 9 of California Fire Code as adopted and amended by Chapter 10, Article II, Section 10-20 of this Code. Sec. 7-41. - Violations and penalties. 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. Ordinance No. 2508 Page 9 of 15 SECTION 5. Amendment to Article IV of Chapter 7. Article IV of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE IV. - ELECTRICAL CODE Sec. 7-50. - Adoption of Title 27 (Electrical Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 27 (Electrical Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Electrical Code with amendments, together with its appendices, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. (b) One (1) complete copy of Title 27 and one (1) complete copy of the 2022 California Electrical Code 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 this Code, the amendment or addition shall control. Sec. 7-51. - Fees, refunds, and expiration. Refunds and expiration of applications shall be as set forth in Article II, Sections 7.19 and 7.20 of this chapter. Sec. 7-52. - Violations and penalties. 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 manner 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, 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 6. Amendment to Article V of Chapter 7. Article V of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: Ordinance No. 2508 Page 10 of 15 ARTICLE V. - EXISTING BUILDING CODE Sec. 7-61.- Adoption of Title 33 (Existing Building Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 33 (Existing Building Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Existing Building Code with amendments, together with its appendices, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. (b) One (1) complete copy of Title 33 and one (1) complete copy of the 2022 California Existing Building Code 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 this Code, the amendment or addition shall control. Sec. 7-62. - Violations and penalties. 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 7. Amendment to Article VI of Chapter 7. Article VI of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE VI. - MECHANICAL CODE Sec. 7-74.- Adoption of Title 29 (Mechanical Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 29 (Mechanical Code) of the Los Angeles Code, adopting the 2022 California Mechanical Code with amendments, together with its appendices, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. (b) One (1) complete copy of Title 29 and one (1) complete copy of the 2022 Mechanical Code 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 this Code, the amendment or addition shall control. Sec. 7-75. - Fees, refunds, and expiration. Refunds and expiration of applications shall be as set forth in Article II, Sections 7.19 and 7.20 of this chapter. Ordinance No. 2508 Page 11 of 15 Sec. 7-76. - 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 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, 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 8. Amendment to Article VI of Chapter 7. Article VI of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE VII. - PLUMBING CODE Sec. 7-85.- Adoption of Title 28 (Plumbing Code) of Los Angeles County Code. (a) Except as otherwise provided in this article, Title 28 (Plumbing Code) of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the 2022 California Plumbing Code with amendments, together with its appendices, is hereby adopted by reference as if fully set forth herein, and conflicting ordinances are hereby repealed. (b) One (1) complete copy of Title 28 and one (1) complete copy of the California Plumbing Code 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 this Code, the amendment or addition shall control. Sec. 7-86. - Fees, refunds, and expiration. Refunds and expiration of applications shall be as set forth in Article II, Sections 7.19 and 7.20 of this chapter. Sec. 7-87. - Violations and penalties. 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. Ordinance No. 2508 Page 12 of 15 Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 9. Repeal of Article IX of Chapter 7. Article IX of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety. SECTION 10. Repeal of Article XIX of Chapter 7. Article XIX of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety. SECTION 11. Repeal of Article XX of Chapter 7. Article XX of Chapter 7 of the City of West Covina Municipal Code is hereby deleted in its entirety. SECTION 12. Amendment to Article I of Chapter 9. Article I of Chapter 9 of the City of West Covina Municipal Code is hereby deleted in its entirety and replaced as follows: ARTICLE I. - DRAINAGE AND GRADING Sec. 9-1. - General. (a) 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, 2023, is hereby adopted as if fully set forth herein and amended as shown below. (b) Within Appendix J, 'Building Official' shall mean "City Engineer or his/her designee" (c) Within Appendix J, "County" or "Los Angeles County' depending on context may mean City of West Covina or Los Angeles County. Section 9.2. - Permits required. Section J103.1 is amended in its entirety to read as follows: Section J103.1 Permits required. Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit from the City Engineer. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in Section J104.2.3 shall be performed by a contractor licensed by the State of California to perform the work described hereon. Regular grading less than 5,000 cubic yards may require a licensed contractor if the City Engineer determines that special conditions or hazards exist. Section J103.5 is amended in its entirety to read as follows Section J103.5 Grading fees, refunds and expiration Refunds and expiration of applications shall be as set forth in Article II, Sections 7.19 and 7.20 of chapter 7 of this Code. Ordinance No. 2508 Page 13 of 15 1. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. 2. Permit Fees. A fee for each grading permit shall be paid to the Building Official at the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code. 3. Site Inspection Fee. When the Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings, or the proposed construction, a site inspection shall be made during plan check of grading plans. A fee for such inspection shall be paid to the Building Official at the time of submitting plans and specifications for review. Sec. 9-3. - Violations and penalties. 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. Notwithstanding the foregoing, a city enforcement official, upon determining that a person, 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 set forth in article X of chapter 15 of this Code. SECTION 13. 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 14. Effective Date. This Ordinance shall become effective 30 days after its adoption. SECTION 15. 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 16. Certified Copy. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. Ordinance No. 2508 Page 14 of 15 PASSED, APPROVED AND ADOPTED this 6th day of December, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, do hereby certify the foregoing Ordinance, being Ordinance No. 2508, was introduced at the November 15, 2022 regular City Council meeting and adopted at a regular meeting of the City Council on December 6, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk Ordinance No. 2508 Page 15 of 15