SEC. 98.0503. TESTING AGENCIES.

Whenever tests or certificates of any material or fabricated assembly thereof, or of any persons, are required by Chapter IX of the LAMC, such tests or certification shall be made by a testing agency approved by the Superintendent of Building to conduct such tests or provide such certifications. The testing agency shall publish the scope and limitation(s) of listed or certified equipment. Approvals of testing agencies shall be issued for a period of one year and may be renewed for additional one- year periods. (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(a) The Superintendent shall establish rules and regulations setting forth conditions and provisions precedent to the issuance of any such approval and for the conduct of any person or agency so approved.

(b) A fee of $1153.00 shall accompany each application for approval and a renewal fee of $865.00 shall accompany each application for renewal. A fee of $648.00 shall be charged for the approval of each branch office in addition to the main office and a renewal fee of $252.00 shall be charged for the renewal of each branch office in addition to the main office. A fee of $648.00 shall accompany each application for a major modification and a fee of $252.00 shall accompany each application for clerical modification. (Amended by Ord. No. 180,868, Eff. 10/22/09.)

EXCEPTION: Application fees shall not be required from those agencies, which are located in the United States of America, established and operating on a nonprofit basis, and

1. which have an approved reinspection service; or

2. which are public universities, colleges or testing facilities operated by a governmental agency.

The fees for approval of new Testing Agencies include four hours of Department processing time. The fees for major modifications of Testing Agencies and review of each branch testing laboratory include four hours of Department processing time. The fees for renewal and clerical modifications include three hours and one and one-half hours of Department processing time respectively.

The fees for application review, investigating and inspecting testing agencies for initial recognition, modifications or renewals shall be $108.00 per hour for on-site laboratory inspections and follow-up laboratory inspections and are applicable to all testing and other types of product approval or evaluation agencies including those exempted from application fees in the foregoing exception. Such inspections performed at off-hours shall be charged a fee at the rate of one and one-half the hourly fee in this paragraph. (Amended by Ord. No. 180,868, Eff. 10/22/09.)

boratory inspections and follow-up laboratory inspections and are applicable to all testing and other types of product approval or evaluation agencies including those exempted from application fees in the foregoing exception. Such inspections performed at off-hours shall be charged a fee at the rate of one and one-half the hourly fee in this paragraph. (Amended by Ord. No. 180,868, Eff. 10/22/09.)

The applicant shall agree in writing, as part of the application, to pay supplemental fees at the rate of $108.00 per hour to cover the time of processing which is excess of the time provided for in the approval, renewal or modification fee specified in this section. Processing shall include those activities directly related to the approval of Testing or other product approval Agencies for which an application has been made and shall include all research, review, correspondence, clerical and consultation time pertinent to the application. The Department may require an estimated supplemental fee to cover the time and travel expense which shall be paid at the time of filing the application and/or before any travel to laboratories outside of the State of California; however, the supplemental fee shall be paid in full prior to final action on the application by the Department. (Amended by Ord. No. 180,868, Eff. 10/22/09.)

The fees specified in this section, including supplemental fees, and application fees are not refundable once work has been performed by the Department, regardless of whether the action taken is approved or denied.

EXCEPTION: Supplemental fees paid in advance, which are in excess of the total actual fee shall be refundable.

Initial applications, modifications, renewals and branch approvals shall expire 12 months after the Department has started work on the application if the request for approval of a testing agency has not been cleared of corrections and approved. No approval shall be issued until the application is filed and a new fee paid.

EXCEPTION: The Department or the Board on appeal may grant extensions of time if an applicant submits in writing sufficient evidence that unusual conditions or circumstances precluded the approval within the allocated time, provided that such appeals are submitted within the time period required by LAMC Section 98.0501(e). (Amended by Ord. No. 185,587, Eff. 7/16/18.)

(c) The Superintendent may suspend or revoke an approval upon evidence of failure of the agency or person so approved to properly conduct any test or certify any material or assembly of material in a manner required by Chapter 9, or for any of the reasons set forth in this article. In any action to suspend or revoke an approval, the procedure prescribed by the provisions of this article shall be followed.

(d) (Added by Ord. No. 162,434, Eff. 7/6/87.) In order to determine compliance with applicable rules or regulations, the Superintendent may inspect the premises of any testing agency approved or seeking Superintendent approval. Such inspection shall be conducted during regular working hours and at other reasonable times.

The Superintendent or the Superintendent’s authorized representatives may, during the course of any investigation or inspection, obtain statistics, information or, other physical materials which are directly related to the purpose of the investigation or inspection.

The Superintendent may collect fees for the inspection of a testing agency as necessary to cover the actual cost of having an initial inspection performed.

An additional fee may, in the discretion of the Superintendent, be charged for necessary subsequent inspections to determine if applicable ordinances, rules, or regulations governing testing agencies have been and are being met.

The initial application for approval, and the renewal application shall include a statement that the applicant agrees to pay all inspection charges imposed pursuant to this subsection.

Whenever an inspection is conducted by Department personnel at facilities located more than 60 miles from Los Angeles City Hall, the applicant shall reimburse the City for the cost thereof in accordance with the same charges as imposed for automobile and air travel, per diem and travel time as specified in LAMC Section 96.204(i) for inspection of fabrication facilities. These charges are the same for inspections initiated by the Department or requested by the applicant and are to be paid by the testing agency. (Amended by Ord. No. 185,587, Eff. 7/16/ 18.)