§ 18.02.020. Definitions.

"Building Official" means the Superintendent of Building and Safety for the City of Long Beach Department of Development Services, Building and Safety Bureau, or a duly authorized representative designated by the Director.

"California Building Code" or "CBC" or "Building Code" means the code adopted in Chapter 18.40 of this title.

"California Electrical Code" or "CEC" or "Electrical Code" means the code adopted in Chapter 18.42 of this title.

"California Energy Code" or "Energy Code" means the code adopted in Chapter 18.46 of this title.

"California Existing Building Code" or "CEBC" or "Existing Building Code" means the code adopted in Chapter 18.49 of this title.

"California Fire Code" or "CFC" or "Fire Code" means the code adopted in Chapter 18.48 of this title.

"California Green Building Standards Code" or "CalGreen Code" or "Green Code" means the code adopted in Chapter 18.47 of this title.

"California Historical Building Code" or "CHBC" or "Historical Building Code" means the code adopted in Chapter 18.50 of this title.

"California Mechanical Code" or "CMC" or "Mechanical Code" means the code adopted in Chapter 18.44 of this title.

"California Plumbing Code" or "CPC" or "Plumbing Code" means the code adopted in Chapter 18.43 of this title.

"California Residential Code" or "CRC" or "Residential Code" means the code adopted in Chapter 18.41 of this title.

"Certificate of Occupancy" or "Occupancy Certificate" means the certificate issued by the Building Official pursuant to Chapter 18.08 when, after final inspection, it is found that a building or structure complies with all requirements of this title. When used with reference to a building or structure which was constructed and occupied prior to the effective date of any provisions requiring such a certificate, it shall mean the right to occupy such building or structure.

"City" means the City of Long Beach, California.

"Dangerous building" or "dangerous" means any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered or persons in the vicinity thereof:

1.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

2.

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in this title for new buildings of similar structure, purpose or location;

3.

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of this title for new buildings of similar structure, purpose or location;

4.

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

5.

Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in this title for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in this title for such buildings;

6.

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

7.

Whenever the building or structure, or any portion thereof, because of: (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse;

8.

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

9.

Whenever the exterior walls or other vertical members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base;

10.

Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls, or coverings;

11.

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or (c) as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

12.

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by this title;

13.

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the: (a) strength; (b) fire-resisting qualities or characteristics; or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

14.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidations, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

15.

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Chief to be a fire hazard;

16.

Whenever any building or structure is in such a condition as to constitute a public nuisance under common law or equity jurisprudence;

17.

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

"Department" means the City of Long Beach Department of Development Services.

"Director" means the Director of Development Services for the City of Long Beach Department of Development Services or a duly authorized representative.

"Fire Chief" means the Fire Chief of the City of Long Beach Fire Department or a duly authorized representative.

"Fire Code Official" means the Fire Marshal for the City of Long Beach Fire Department or a duly authorized representative designated by the Fire Chief.

"Foundation-only permit" is a building permit issued for that portion of a building which constitutes the footings for the building and which may, subject to the approval of the Building Official, include those portions of the building below the grade level.

"Nuisance" means:

1.

Any public nuisance known at common law or in equity jurisprudence or as declared by ordinance;

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot; this includes any abandoned structure, basement or excavation; any structurally unsound fence or structure; any lumber, trash, fence, debris or vegetation which may prove a hazard for inquisitive minors;

3.

Whatever is dangerous to human life or is detrimental to health;

4.

Overcrowding a room with occupants;

5.

Insufficient ventilation or illumination;

6.

Inadequate or unsanitary sewage or plumbing facilities;

7.

Uncleanliness, when so determined by the Health Officer;

8.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings when so determined by the Health Officer; and/or

9.

Dangerous or substandard buildings or conditions as defined in this title.

"Occupancy" means the purpose for which a building, or part of a building, is used or intended to be used. The term "occupancy" as used in this title shall include the room housing that occupancy and the space immediately above a roof or structure if used or intended to be used for other than a shelter.

"Occupancy Certificate" or "Certificate of Occupancy" means the certificate issued by the Building Official pursuant to Chapter 18.08 when, after final inspection, it is found that a building or structure complies with all requirements of this title. When used with reference to a building or structure which was constructed and occupied prior to the effective date of any provisions requiring such a certificate, it shall mean the right to occupy such building or structure.

"Permittee" means the person, firm or corporation authorized to obtain a permit pursuant to Subsection 18.04.070.A of this title.

"Police Chief" means the Police Chief of the City of Long Beach Police Department or a duly authorized representative.

"Substandard building" means any building or other structure, or the premises on which the same is located, where any of the following conditions exist to an extent which, in the opinion of the Building Official or Fire Code Official, endangers the life, limb, health, property, safety or welfare of the occupants thereof, or of the public:

1.

Inadequate sanitation. "Inadequate sanitation" shall include, but not be limited to, the following:

a.

Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit;

b.

Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel;

c.

Lack of or improper kitchen sink;

d.

Lack of hot and cold running water to plumbing fixtures in a hotel;

e.

Lack of hot and cold running water to plumbing fixtures in a dwelling unit;

f.

Lack of adequate heating;

g.

Lack of, or improper operation of, required ventilating equipment;

h.

Lack of minimum amounts of natural light and ventilation required by this code;

i.

Room and space dimensions less than required by this code;

j.

Lack of required electrical lighting;

k.

Dampness of habitable rooms;

l.

Infestation of insects, vermin or rodents as determined by the Health Officer;

m.

General dilapidation or improper maintenance;

n.

Lack of connection to required sewage disposal system; and/or

o.

Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

2.

Structural hazards. "Structural hazards" shall include, but not be limited to, the following:

a.

Deteriorated or inadequate foundations;

b.

Defective or deteriorated flooring or floor supports;

c.

Flooring or floor supports of insufficient size to carry imposed loads with safety;

d.

Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;

e.

Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

f.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;

g.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

h.

Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; and/or

i.

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

3.

Nuisance. Any "nuisance" as defined in this title.

4.

Hazardous wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

5.

Hazardous plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly and which is free of cross connections and siphonage between fixtures.

6.

Hazardous mechanical equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

7.

Faulty weather protection, which shall include, but not be limited to, the following:

a.

Deteriorated, crumbling or loose plaster;

b.

Deteriorated or ineffective water proofing of exterior walls, roof, foundations or floors, including broken windows or doors;

c.

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering; and/or

d.

Broken, rotted, split or buckled exterior wall coverings or roof coverings.

8.

Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

9.

Faulty materials of construction. All materials of construction except those which are specifically allowed or approved by this title, and which have been adequately maintained in good and safe condition.

10.

Hazardous or unsanitary premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

11.

Inadequate maintenance. Any building or portion thereof which is determined to be dangerous as defined in Section 18.02.020.

12.

Inadequate exits. All buildings or portions thereof not provided with adequate exit facilities as required by this title except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.

13.

Inadequate fire protection or firefighting equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire extinguishing systems, or equipment required by this title, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

14.

Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.

15.

Inadequate structural resistance to horizontal forces.

"Uniform Housing Code" or "UHC" or "Housing Code" means the code adopted in Chapter 18.45 of this title.

( ORD-16-0026 § 1(Exh. A), 2016)