Ordinance - 1771c.
ORDINANCE NO. 1771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI,
O VII, IX, DIVISION 1 •AND ARTICLE XIII OF THE MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE 1985 EDITIONS OF THE UNIFORM
BUILDING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS
BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE,
UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY
CODE AND THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE.
The City Council of the City of West Covina, California, does
ordain as follows:
SECTION 1. Articles II, III, IV, V, VI, VII, Article IX,
Division 1 and Article XIII of Chapter 7 of the West Covina Municipal
Code are hereby revised as to the following Sections as follows:
ARTICLE II - BUILDING CODE
Section 7-16. Adopted.
Except as otherwise provided in this Article, the 1985 Editions of
the Uniform Building Code and Uniform Building Code Standards
prepared and copyrighted in Whittier, California, by the
International Conference of Building Officials, which on the 25th
day of January , 19 8$ were made a public record of the City,
including all appendices and indices, are hereby adopted and made a
part hereof as if fully set out in this Section. One copy of each
such Code as well as any secondary Codes incorporated by such Code
shall be kept on file in the office of the City Clerk. 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 7-17. Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-16 of this Municipal Code, such terms shall be deemed and
construed to have the meaning ascribed to them in this Section as
follows:
Department of Building and Safety: shall mean the Department
of Building and Safety of the City.
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Health Officer: shall mean the County Health Officer.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
.Section 7-18. Section 205 amended.
0 Section 205 of the Code adopted by Section 7-16 of this Mun.icipal
Code is hereby amended to read as follows:
"Section 2-5. VIOLATIONS AND PENALTIES.
It shall be unlawful for any person, firm or corporation 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 the Building Code if constructed after the
effective date of such Code, shall constitute a continuing
violation of such 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 therof
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."
Section 7-18.3. Section 3-4 amended.
Section 304 of the Code adopted by Section 7-16 of this Municipal
Code is hereby amended to read as follows:
"Section 304. 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 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, 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 or
permanent equipment.
Where work for which permit is required by this Code is
started or proceeded with prior to obtaining said permit, the
fees spec.ified 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 the
execution of the work nor from any other penalties prescribed
herein.
O(b) Plan review fees. When the valuation of the proposed
construction exceeds one thousand dollars ($1,000.00), a plan
review fee shall be paid to the Building Official at the time
of submitting plans and specifications for review. Said plan
review fees shall be sixty—five (65) percent of the building
permit fees as set forth in the City Council resolution.
(c) 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.
(d) Investigation fees. 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 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 in 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.
(e) 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.
(f) 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 and
O such permit shall have been cancelled as provided for in
Subsection (d) of Section 303, the permittee, upon
presentation to the Building Official, of a written request on
a form provided therefore, 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 never be 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 never be less than twenty five dollars ($25.00).
The Building .Official shall satisfy himself as to the right
applicant to such refund and each such refund shall
as provided by law for the payment of claims against
such
paid
City."
Section 7-18.4. Table 3-A deleted.
of
be
the
Table 3-A of the Code adopted by Section 7-16 of this Municipal Code
is hereby deleted.
Section 7-18.13. Automatic Fire Sprinkler Systems
Section 3802(a) notwithstanding any other provisions of this section,
an approved automatic fire sprinkler system shall be installed:
1. On all new buildings exceeding 1.0,000 square feet in
floor area.
2. In any existing building after the completion of any
major alteration or addition which will exceed 10,000
square feet of floor area.
3. In any existing -building valuation of alterations, as
determined by the Building Official persuant to Section
304(b), exceeds $40,000.00 in any one 12 month period.
Section 7-18.14. Section 7007 amended.
Section 7007 of the Code adopted by Section 7-16 of this Municipal
Code is hereby amended to read as follows:
"Section 7007. FEES.
Fees for grading permits and grading plan review shall be paid
to the appropriate City officer as set forth in resolution of
the City Council."
Sections 7-19 through 7-36. Reserved.
ARTICLE III - ABATEMENT OF DANGEROUS BUILDINGS CODE
Section 7-37. Code adopted.
Except as otherwise provided in this -Article, the 1985 Edition of the
Uniform Code for the Abatement of Dangerous Buildings, prepared and
copyrighted in Whittier, California, by the International Conference
of Building Officials, which on the 25th day of January , 1988,
was made a public record of the City, including all its appendices
and indices, is hereby adopted and made a part hereof as if fully set
out in this Section. At least one (1) copy of such Code as well as
any secondary Codes incorporated by such Code shall be kept on file
in the office of the City Clerk. 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
provisions of the Municipal Code, the amendment or addition shall
control.
Section 7-38. Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-37, such term shall be deemed and construed to have the
meaning ascribed to them in this Section as follows:
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Department of Building and Safety: shall mean the City
Department of Building and Safety.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Health Officer: shall mean the County Health Officer.
Section 7-39. Section 203 amended.
Section 203 of the Code adopted by Section 7-37 of this Municipal
Code is hereby amended to read as follows:
"Section 203. VIOLATIONS AND PENALTIES.
No person, firm or corporation, whether as owner, lessee,
sublessee, -or occupant, shall erect, construct, enlarge,
alter, repair, move, improve, remove, demolish, equip, use,
occupy or maintain any building or premises, or cause or
permit the same to be done, contrary to or in violation of any
of the provisions of this Code or any order issued by the
Building Official hereunder.
Any person, firm or corporation violating any of the
provisions of this Code shall be guilty of a misemeanor 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 by both fine and
imprisonment."
Sections 7-40 through 7-48. Reserved.
ARTICLE IV - ELECTRICAL CODE
Section 7-49. Adopted.
Except as otherwise provided in this Article, the 1987 edition of the
National Electrical Code, prepared and copyrighted by the National
Fire Protection Association, Boston, Massachusetts, and including the
Uniform Administrative Code Provisions for the National Electrical
Code, 1987 Edition, prepared and copyrighted by the International
Conference of Building Officials, Whittier, California, which on
the 25th day of January , 1988, were made a public record of the
City, including all indices and appendices are hereby adopted and
made a part hereof as if fully set out in this section. at least one
(1) copy of said Codes as well -as any secondary Codes incorporated by
said Codes shall be kept on file in the Office of the City Clerk. In
the event of any conflict or ambiguity between any provision
contained in said Codes and any amendments thereto contained in this
Article, the amendment or addition shall control.
�� I
Section 7-49.2 Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-49 of this Municipal Code, such terms shall be deemed and
construed to have the meaning ascribed to them in this Section as
follows:
Department of Building and Safety: shall mean the Department
of Building and Safety of the City.
Building Official: shall mean the City Building and Safety
Director or other designated City Officer
Chief Electrical Inspector: shall mean the City Building and
Safety Director or other designated City Officer.
Section 49.3. Section 204 amended.
Section 204 of the Code adopted by Section 7-49 of this Municipal
Code is hereby amended to read as follows:
"Section 49.3. 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 o•r permit to be done any electrical wiring
as defined in this Code in such manner that the same shall not
conform to all of the provisions of this Code.
It shall be unlawfull 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 92-4. Section 304(a) amended.
Section 304 of the Code adopted by Section 7-49 of this Municipal
Code is hereby amended to read as follows:
"Section 304. Fees.
(a) 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) Plan Review Fees. When a plan or other data are required
to be submitted by Subsection (c) of Section 302, a plan
review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fees for
electrical work shall be equal to twenty five (25) percent of
the total permit fee as set forth in the City Council
Resolution. Where plans are incomplete or changed so as to
require additional plan review, an additional plan review fee
shall be charged at the rate shown in the City Council
Resolution.
(c) 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 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.
(d) Investigation Fees: 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 either this
Code nor from any penalty prescribed by law.
(e) 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 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."
.Section 92-5. Table 3-A deleted.
OTable 3-A of the Code adopted by Section 7-49 of this
Municipal Code is hereby deleted.
ARTICLE V - HOUSING CODE
Section 7-61. Adopted.
Except as otherwise provided in this Article, the 1985 Edition of the
Uniform Housing Code, prepared and copyrighted in Whittier,
California, by the International Conference of Building Officials,
which on the 25th day of January , 1988, was made a public record
of the City, including all its appendices and indices, is hereby
adopted and made a part hereof as if fully set out in this Section.
At least one (1) copy of such Code as well as any secondary Codes
incorporated by such Code shall be kept on file in the office of the
City Clerk. 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 7-62. Definitions.
Whenever any of the follwing terms are used in the Code adopted by
Section 7-61, such terms shall be deemed and construed to have the
meaning ascribed to them in this Section as follows:
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Department Of Building and Safety: shall mean the City
Department of Building and Safety.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Health Officer: shall mean the County Health Officer.
Section 7-63. Section 204 amended.
Section 204 of the Code adopted by Section 7-61 of this Municipal
Code is hereby amended to read as follows:
"Section 204. VIOLATIONS.
It shall be unlawful for any person, firm or corporation, to
erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain
any building or structure 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.
Any person, ' firm, or corporation violating any of the
provisions of this Code shall be guilty of a misdemeanor and
each such person shall be 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 by both such fine and
imprisonment."
ARTICLE VI - MECHANICAL CODE
Section 7-73. Adopted.
Except as otherwise provided in this Article, the 1985 Edition of the
Uniform Mechanical Code, prepared and copyrighted in Whittier,
California, by the International Conference of Building Officials,
which on the 25th day of January , 19a, was made a public record
of the City, including all its appendices and indices, is hereby
adopted and made a part hereof as if fully set out in this Section.
At least one (1) copy of such Code as well as any secondary Codes
incorporated by such Code shall be kept on file in the office of the
City Clerk. 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 7-74. Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-73, such terms shall be deemed and construed to have the
meaning ascribed to them in this Section as follows:
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Department of Building and Safety: shall mean the City
Department of Building and Safety.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Health Officer: shall mean the County Health Officer.
Section 7-75. Section 204 amended.
Section 204 of the Code adopted by Section 7-73 of this Municipal
Code is hereby amended to read as follows:
"Section 204. VIOLATIONS.
It shall be unlawful for any person, firm or corporation to
erect, install, alter, repair, relocate, add to, replace, use
or maintain heating, ventilating, cooling or refrigeration
equipment in the City or cause or permit the same -to be done,
contrary to or inviolation 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 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 by both such fine and imprisonment."
Section 7-77. Section 304 amended.
Section 304 of the Code adopted by Section 7-73 of this Municipal
Code is hereby amended to read as follows:
"Section 304. FEES.
(a) Permit fees. A fee for each mechanical permit shall be
paid to the City as set forth in resolution of the City
Council.
(b) Plan Review Fees. When a plan or other data are required
to be submitted by Subsection (b) of Section 302., a plan
review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fees for
mechanical work shall be equal to twenty five (25) percent of
the total permit fee as set forth in the City Council
Resolution. When plans are incomplete or changed so as to
require additional plan review, an additional plan review fee
shall be . charged at the rate shown in the City Council
Resolution.
(c) Expiration of Plan Review. Aplications for which no
permit is issued within one hundred eighty (160) days
following the date of the 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 exceding 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.
O (d) Investigation Fees: 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.
(e) 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."
Sections 7-78 through 7-84. Reserved.
ARTICLE VII. PLUMBING CODE
Section 7-85. Adopted.
Except as otherwise provided in this Article, the 1985 Edition of the
Uniform Plumbing Code, as published by the International Association
of Plumbing and Mechanical Officials, (except the provisions of
Sections 401, 503 and 1004, which provisions of the 1979 Uniform
Plumbing Code as adopted by the City, shall remain in effect as
required by State law) prepared and copyrighted in Los Angeles,
California, which on the 25th day of January , 198$_, was made a
public record of the City, including all its indices and appendices,
is hereby adopted and made a part hereof as if fully set out in this
Section. at least one (1) copy of said Code, as well as any
secondary Codes incorporated by said Code, shall be kept on file in
the office of the City Clerk. In the event of any conflict or
amiguity between any provision contained in said Code and any
amendment thereto contained in this Article or other provision of the
OMunicipal Code, the amendment, addition or provision shall control.
Section 7-86. Definitions.
Whenever any of the following terms are used in the Codes adopted by
Section 7-85, such names or terms shall be deemed to have the meaning
ascribed to them in this Section as follows:
Administration Authority:
Safety Director.
Section 7-87. Section 20.3 amended.
shall mean the City Building and
Section 20.3 of the Code adopted by Section 7-85 of this Municipal
Code is hereby amended to read as follows:
"Section 20.3. VIOLATION AND PENALTIES.
Section 20.3 Any person, firm or corporation violating any
provision of this Code shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine
not to exceed one thousand dollars (S1)000.00) or by
imprisonment not to exceed six (6) months, or both fine and
imprisonment. Each separate day or any portion thereof,
during which any violation of this Code occurs or continues,
shall be deemed to constitute a separate offense, and upon
conviction thereof, shall be punishable as herein provided.
The issuance or granting of a permit of approval of plans and
specifications shall not be deemed or construed to be a permit
for, or an approval of, any violation of any of the provisions
of this Code. No permit presuming to give authority to
violate or cancel the provisions of this Code shall be valid,
except insofar as the work or use which it authorized is
lawful.
The issuance or granting of a permit or approval of plans
shall not prevent the Administrative Authority from thereafter
requiring the correction of errors in said plans and
specifications or from preventing construction operations
being carried on thereunder when in violation of this Code or
of any other ordinance or from revoking any certificate of
approval when issued in error.
Every permit issued by the Administrative Authority under the
provisions of this Code shall expire by limitation and become
null and void, if the work authorized by such permit is
suspended or abandoned at any time after the work is commenced
for a period of one hundred twenty (120) days. Before such
work can be recommenced, a new permit shall be first obtained
to do so, and the fee therefor shall be one-half (1/2) the
amount required for a new permit for such work, provided no
changes have been made, or will be made in the original plans
and specifications for such work; and provided, further, that
such suspension or abandonment has not exceeded one (1) year."
OSection 7-88. Section 20.7 amended.
Section 20.7 of the Code adopted by Section 7-85 of this Municipal
Code is hereby amended to read as follows:
"Section 20.7. FEES.
(a) Every applicant for a permit to do work regulated by this
Code shall state in writing, on the application form provided
for that purpose, the character of work proposed to be done
and in the amount and kind of connection therewith, together
with such information, pertinent thereto, as may be required.
Such applicant shall pay for each permit, at the time of
issuance a fee as set forth in resolution of the City Council.
Any person who shall commence any work for which a permit is
required by this Code without first having obtained a permit
therefore shall, if subsequently permitted to obtain a permit,
pay double the permit fee fixed by this Section for such work,
provided, however, that this portion shall not apply to
emergency work when it shall be proved to be the satisfaction
of the Administrative Authority that such work was urgently
necessary and that it was not practical to obtain a permit
therefor before commencement of the work. In all such cases,
a permit must be obtained as soon as it is practical to do so,
and if there be an unreasonable delay in obtaining such
permit, a double fee as herein provided shall be charged.
For the purpose of this Section a sanitary plumbing outlet on
or in which a plumbing fixture or appliances may be set or
attached shall be construed to be a fixture. Fees for
reconnection and retest of plumbing systems in relocated
buildings shall be based on the number of plumbing fixtures,
gas systems, water heaters, etc., involved.
(b) Exemption from fees. Neither the State or this nor any
other County, City, District or other political subdivision
nor any public officer or body acting in this 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.
(c) 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 shall have been provided
for in Subsection (e) of this Section, the permittee upon
presentation to the Building Official of a written request on
a form provided therefor, shall be entitled to a refund in an
O amount to eighty (80) percent of the building permit fee
actually paid for such permit; however, the portion of the fee
retained shall never be 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 the 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
check 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 checking
fee may be refunded; however, the portion of the fee retained
shall never be less than twenty five dollars ($25.00).
The Building Official shall satisfy himself as to the right of
each applicant to such refund and each such refund shall be
paid as provided by law for the payment of claims against the
City."
Section 7-92 through 7-97. Reserved.
ARTICLE IX. SIGNS
DIVISION 1. GENERALLY
Section 7-134. Code - Adopted.
Except as otherwise provided in this Article, the 1985 Edition of the
Uniform Sign Code, prepared and copyrighted in Whittier, California,
by the International Conference of Building Officials, which on
the 25th day of January , 1988, was made a public record of the
City, including all its indices and appendices, is hereby adopted and
made a part hereof as if fully set out in this Section. At least one
(1) copy of such Code as well as any secondary Codes incorporated by
such Code shall be kept on file in the office of the City Clerk. 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 7-135. Same.- Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-134, such terms shall be deemed and construed to have the
meaning ascribed to them in this Section as follows:
Building Official: shall mean the City Building and Safety
ODirector or other designated City Officer.
Department of Building and Safety: shall mean the City
Department of Building and Safety.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Health Officer: shall mean the County Health Officer.
Section 7-136. Same - Section 103(d) amended.
Section 103(d) of the Code adopted by Section 7-134 of this Municipal
Code is hereby amended to read as follows:
"(d) Violations and penalties. It shall be unlawful for any
person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish,
equip, use or maintain any sign or sign structure in the Ci-ty
or cause or permit the same to be done contrary to or in
violation of any of the provisons of this Code. Any person,
firm or corporation violating any of the provisions of this
Code shall be guilty of a misdemeanor and each such person
shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any 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 of not more than six (6) months
or by both such fine and imprisonment."
Section 7-137. Same - Section 303 deleted.
Section 303 of the Code adopted by Section 7-134 of this Municipal
Code is hereby deleted.
Section 7-138. Same - Section 304 amended.
Section 304 of the Code adopted by Section 7-134 of this Municipal
Code is hereby amended to read as follows:
"Section 304. FEES.
A sign permit fee shall be paid as set forth in resolution of
the City Council."
Section 7-139. Same - Section 402(c) amended.
Section 402(c) of the Code adopted by Section 7-134 of this Municipal
Code is hereby amended to read as follows:
"(c) Permitted combustible materials. Nonstructural trim,
portable display surfaces and signs applied directly against
noncombustible surfaces may be of wood boards not less than
one (1) inch nominal thickness, exterior type panels not less
than three -eighths (3/8) of an inch nominal thickness, metal,
approved plastics or any combination thereof."
Section 7-140. Same - Section 404 added.
Section 404 of the Code adopted by Section 7-134 of this Municipal
Code is hereby added to read as follows:
"Section 404.
Notwithstanding any provision to the contrary contained in
this Code, no permit shall be issued for any sign in violation
of any other provision of the West Covina Municipal Code. Any
permit issued for erection of such sign is automatically void
and shall be cancelled by the Building and Safety Director."
Section 7-141. Same - Chapters 5 through 12 and 14 deleted.
Chapters 5, 6, 7, 8, 9, 10, 11, 12, and 14 of the Code adopted by
Section 7-134 of this Municipal Code are deleted.
Chapter 13 of the Code adopted by Section 7-134 of this Municipal
Code is amended to read as follows:
"Section 1302-C. New Section
Amendments to the West Covina Building Code regarding exposed
neon signs.
(1) Exposed neon installation methods which either are not
addressed in the National Electrical Code (adopted in Article
IV, Section 7-49 and Section 7-49.1 of the Municipal Code) or
which cannot be UL labeled, shall be subject to the
requirements of this section of the Municipal Code.
(2) Wall -mounted and detached exposed neon installations
shall require non-combustible backing where attached to
structures with a facing of wood or other flammable material.
(3) Exposed electrode housings shall be prohibited, except in
the case of installations directly onto a non-combustible
solid wall, such as a tilt -up cement wall.
(4) Neon installations of a height less than 12' shall be
encased and/or covered to protect the neon tubes.
(5) The exposed neon installation permit application shall
specify and include a description of all parts and an
installation plan.
(6) Any applicant for an exposed neon installation permit, by
the acceptance or use thereof, agrees to protect the city and
hold the city, its officers and employees, free and harmless
from any and all liability, claims and damages arising out of
or alleged to arise out of the issuance or use of such permit.
(7) On -site installation inspections shall be required at the
time of the installation. The inspector shall have visual
access to all parts as well as,to the installation.
(8) Installation parts shall be listed or recognized by a
third party certification agency engaged in a minimum of
quarterly inspection of manufacturing sites, such as
Underwriters Laboratories. All parts shall be utilized or
installed only as listed or recognized by a certification
agency.
(9) Electrode housing shall be required for all electrodes
except when installation is directly onto non-combustible
solid -wall installation, electrodes not housed in -wall shall
be enclosed in non-combustible, non -absorbent, water tight
insulating material.
(10) P-K Neon Electrode Receptacles or comparable electrode
housings shall be used for in -wall installations. Quick
Connects shall be prohibited.
(11) Exposed wire shall be prohibited. Wire shall be
contained in conduit at all times."
Sections 7-142 through 7-147. Reserved.
ARTICLE XIII - SOLAR ENERGY CODE
Section 7-220. Adopted.
Except as otherwise provided in this Article, the 1985 Editon of the
Uniform Code for Solar Installations, prepared and copyrighted in Los
Angeles, California, by the International Conference of Building
Officials and the International Associ.ation of Plumbing and
Mechanical Officers which on the 25th day of January , 1988, was
made a public record of the City, included all its appendices and
indices, is hereby adopted and made a part hereof as if fully set out
in this Section. At least one (1) copy of such Code as well as any
secondary Codes incorporated by such Code shall be kept on file in
the office of the City Clerk. In the event of any conflict or
ambiguity between any provision contained in said Code and any
amendment thereto contained in this Article, the amendment or
addition shall control.
Section 7-221. Definitions.
Whenever any of the following terms used in the Code adopted by
Section 7-220, such terms shall be deemed and construed to have the
meaning ascribed to them in this Section as follows:
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Building and Safety Department: shall mean the City
Department of Building and Safety.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Health Officer: shall mean the County Health Officer.
Section 7-222. Section 20.3 amended.
Chapter 1 of .the Code adopted by Section 7-220 of this Municipal Code
is hereby amended by adding the following new Section 109 to read as
follows:
"Section 109. VIOLATIONS AND PENALTIES.
It shall be unlawful for any person, firm or corporation to
install, remove, alter, repair or replace or cause to be
installed, removed, altered, repaired or replaced, any solar
equipment, without first obtaining a permit from the
Administrative Authority. A separate permit shall be obtained
for each building or structure except that a single permit may
be issued for a single-family residence and a building or
buildings accessory thereto when both are constructed at the
same time. No person shall allow any other person to do or
cause to be done any work under permit secured by a permittee
except in his employ.
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 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 by both such fine and
imprisonment.
Every permit issued by the Administrative Authority under the
provisons of this Code shall expire by limitation and become
null and void, if the work authorized by such permit is not
commenced within one hundred twenty (120) days from date of
issuance of such permit, or if the work authorized by such
permit is suspended or abandoned at any time after the work in
commenced for a period of one hundred twenty (120) days.
Before such work can be recommenced, a new permit shall be
first obtained, and the fee shall be one-half (1/2) the amount
required for a new permit for such work, provided no changes
have been made, or will be made int he original plans and
specifications for such work; and provided, further, that such
suspension or abandonment has not exceeded one (1) year."
OARTICLE XV
Section 7-250. Adopted.
Except as other wise provided in this Article, the 1983 edition of
"Guidelines For Manufactured Housing Installations" prepared and
copyrighted in Whittier, California, by the International Conference
of Building Officials, which on the 25th day of January , 1988, was
made a public record of the City, including all its appendices and
indices, is hereby adopted and made a part hereof as if fully set out
in this Section. At least one (1) copy of such Code as well as
secondary codes incorporated by such Code shall be kept on file in
the office of the City Clerk. 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
provisions of the Municipal Code, the amendment or addition shall
control.
Section 7-251. Definitions.
Whenever any of the following terms are used in the Code adopted by
Section 7-251 of this Municipal Code, such terms shall be deemed and
construed to have the meaning ascribed to them in this Section as
follows:
Department of Building and Safety: shall mean the Department
of Building and Safety of the City.
Building Official: shall mean the City Building and Safety
Director or other designated City Officer.
Health Officer: .shall mean the County Health Officer.
Fire Chief: shall mean the General Manager, San Gabriel
Valley Fire Authority.
Section 7-252.
Section 252 of the Code adopted by Section 7-250 of this Municipal
Code is hereby amended to read as follows:
Section 252. VIOLATIONS AND PENALTIES.
It shall be unlawful for any person, firm or corporation 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 the Building Code. Maintenance of a building or
structure which was unlawful at the time it was constructed
and which would be unlawful under the Building Code if
constructed after the effective date of such Code, shall
constitute a continuing violation of such Code.
0 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."
Section 7-253 through 7-259. Reserved.
SECTION 2. If any Section, Subsection, sentence, clause,
phrase, part or portion ofthis Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares that
it would have adopted this Ordinance and each Section, Subsection,
sentence, clause, phrase, part or portion thereof, irrespective
clauses, phrases, parts or portions be declared invalid or
unconstitutional.
SECTION 3. The Mayor shall sign and City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
PASSED and APPROVED this 14 th day of March , 19-.ag,
O Ma or
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF WEST COVINA )
I, Helene M. Mooney , City Clerk of the City of West
Covina, do hereby certify that the foregoing Ordinance No. 1771 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 25th day of January , 19$$.
That thereafter said Ordinance was duly adopted and passed at a
regular meeting of the . City Council on the 14th day of March ,
19 8§ by the following vote, to wit:
AYES:
Councilmember:
NOES:
Councilmember:
ABSENT:
Councilmember:
ABSTAIN:
Councilmember:
APPROVED AS TO FORM:
CITY ATTORNEY
Tennant, Bacon, Manners, Chappell
None .
Shearer
None
City Clerk
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. / 7 7, was published, pursuant to law, in the San
e Gabriel Valle Tribune newspaper of general circulation published
Y � a9
and circulated in the City of West Covina.
V Ze
Janet Berry, City Clerk
City of West Covina, Ca ornia
DATED: $x