HomeMy WebLinkAboutOrd 1351 - 2019 Editions of Title 24a•
ORDINANCE NO. 1351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2019 EDITIONS OF THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED
APPENDICES AND AMENDMENTS
WHEREAS, The Department of Building and Safety recommends that changes and
modifications be made to the California Codes and are advising that certain changes and
modifications to the 2019 Edition of the California Building and Fire Codes are reasonably
necessary due to local conditions in the City of Palm Desert. Extreme temperatures, high
winds, and the city's physical relationship to known active earthquake faults are some of the
local conditions necessitating the modifications to the adopted codes. Other modifications
are of an administrative or procedural nature and concern themselves with subjects that are
not covered by the Codes, or are reasonably necessary to safeguard life and property within
the City of Palm Desert.
FINDINGS, The City Council finds that the requirements set forth in this title are reasonable
and necessary modifications because of climatic and geological conditions within the City of
Palm Desert.
The "Findings of Need" contained herein address each of these conditions and present the
local situations which cause the established amendments to be adopted.
A. The community experiences frequent low humidity, summer temperatures exceeding
1000 Fahrenheit, and severe Santa Ana winds reaching gusts of 90 miles per hour.
Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly
spread because of the climate and vegetation.
B. The community periodically experiences drought and a resultant limited water supply.
The limited rainfall and storage capacities, and continued consumption demands
require sound management of water resources and conservation where possible.
There is a need for changes and modifications in the California Building which will
contribute to water conservation and water for suppression of large fires.
. The community is located in an area of continuing seismic activity. Existing and
planned development is at risk from damage and fire because of this activity.
. These modifications require sprinkler systems in buildings at occupancy levels
lower than those stipulated in the California Building Code. The active earthquake
fault system located near this community possesses the capability of initiating a
disaster that would quickly overrun the fire department's current resources.
a Providing additional built-in fire protection for the buildings allows more fires to be
automatically extinguished without fire department assistance if a major
earthquake were to occur. Also, with extreme surface a temperature common in
the lower desert areas, one hundred Sixty (160) degrees Fahrenheit plus,
deteriorate and dries out building materials and our high winds create extreme fire
conditions which are detrimental to the general public.
ORDINANCE NO. 1351
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
Section 1 That Ordinance No. 1310 and all amendments thereto, and all other
ordinances, or parts of ordinances in conflict therewith, be and the same are hereby
repealed.
Section 2 That Title 15, Building and Construction, is hereby the Code of the City of
Palm Desert to read as follows:
TITLE 15
BUILDING AND CONSTRUCTION
Chapters:
15.02
Administration
15.04
Building Code
15.06
Residential Code
15.08
Mechanical Code
15.10
Electrical Code
15.12
Plumbing Code
15.14
Energy Code
15.16
Solar PV Code
15.18
Green Building Standards Code
15.20
Historical Code
15.22
Housing Code
15.24
Existing Building Code
15.26
Fire Code
15.28
Address Numbering
15.30
Construction Site Security
15.32
Moved Buildings and Temporary Structures
15.34
Safety Assessment Placards
CHAPTER 15.02
ADMINISTRATION
Sections:
15.02.010 Adoption of Chapter 1, Division II, of the California Building Code
15.02.020 Amendments to Chapter 1, Division II, of the California Building Code
15.02.010 Adoption of Chapter 1, Division II, of the California Building Code
Except as provided in this chapter, the certain building code known and designated as the
California Building Code, Title 24, Part 2, 2019 Edition, (CBC), as developed by the State
of California, based on the 2018 International Building Code as published by the
International Code Council, shall become the administrative provisions of the City of Palm
Desert for regulating the construction, erection, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy, equipment, use and occupancy and
maintenance of all buildings and/or structures in the City. The California Building Code and
its adopted appendices and amendments will be on file for public examination in the offices
of the Building Official.
ORDINANCE NO. 1351
15.02.020 Amendments to Chapter 1, Division Il, Scope and Administration
A. Amending Section 105.2 Work exempt from permit
Building:
2. Fences not over 3 feet 6 inches (1066.8 mm) high.
4. Retaining walls that are not over 3 feet 6 inches (1066.8 mm) in height measured
from the top of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
B. Amending Section 105.5 Expiration
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized on the site by such permit is suspended or abandoned for a
period of 180 days after the time the work is commenced. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more
than 180 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
Exception: For residential occupancies a permit shall remain valid for the
purposes of this part if the work on the site authorized by that permit is
commenced within 12 months after its issuance, unless the permittee has
abandoned the work authorized by the permit.
C. Amending Section 113 Board of Appeals
113.1 General. For all occupancies not provided for under the authority provided in
the California Building Code (CBC) Section 1.8.8.1, an appeals board shall be
created, and the appeals board shall be applicable for all buildings and structures
within the City of Palm Desert.
113.2 Definition
The following terms shall, for the purpose of this section, have the meaning shown.
Accessible Appeals Board. The board of the city which is authorized by the
governing body of the city to hear appeals brought by any person regarding action
taken by the building department of the city in enforcement of the authority to grant
exceptions to the standards and specifications contained in California Health and
Safety Code section 19957. (Note: The establishment of this board is pursuant to
Health and Safety Code 19957.5)
113.3 Appeals Board Defined. The Housing Appeals Board, Accessible Appeals
Board, and the Local Appeals Board shall, for the purposes of this code, may be one
in the same and shall be referred to herein throughout this code as the Appeals
Board.
113.4 Limitations on authority. An application for appeal shall be based on a claim
that,the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally
ORDINANCE NO. 1351
good or better form of construction is proposed. The board shall not have the
authority to waive requirements of this code.
113.5 Qualifications. In addition to the qualifications established in CBC Section
1.8.8.1, at least two members shall be physically disabled, if the Appeals Board is to
hear appeals relating to accessibility issues pursuant to CBC Section 1.9.1.5 (Special
conditions for persons with disabilities requiring appeals action ratification; Pursuant
to Health and Safety Code 19957.5)
D. Amending Section 114 Violations
114.4 Violation penalties. Any person, firm or corporation violating any of the
provisions, regulations, requirements, additions, amendments and/or deletions of this
code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as
set forth in Chapter 1.12 of the Palm Desert Municipal Code.
CHAPTER 15.04
BUILDING CODE
Sections:
15.04.010 Adoption of California Building Code
15.04.010 Adoption of California Building Code
Except as provided in this chapter, those certain building codes known and designated as
the California Building Code, Title 24, Part 2, 2019 Edition, (CBC), including Appendix
Chapters , C and I, as adopted by the State of California, based on the 2018 International
Building Code as published by the International Code Council, except as amended herein,
shall become the "Building Code" of the City of Palm Desert for regulating the erection,
construction, enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area and maintenance of all buildings and/or structures
in the City. The California Building Code, 2019 Edition, and its adopted appendices and
amendments will be on file for public examination in the offices of the Building Official.
CHAPTER 15.06
RESIDENTIAL CODE
Sections:
15.06.010 Adoption of California Residential Code
15.06.020 Adoption of Chapter 1, Division 11, of the California Residential Code
15.06.030 Amendments to the California Residential Code
15.06.010 Adoption of the California Residential Code
Except as provided in this chapter, the California Residential Code, Title 24, Part 2.5,
2019 Edition, (CRC), including Appendix Chapters H, and S, as adopted by the State of
California, based on the 2018 International Residential Code as published by the
International Code Council (ICC), shall be and become the "Residential Code" of the City
of Palm Desert, regulating construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and
Page 4 of 35
ORDINANCE NO. 1351
demolition of every detached one -and two-family dwelling, townhouse not more than
three stories above grade within the City. The California Residential Code will be on file
for public examination in the office of the Building Official.
15.06.020 Adoption of Chapter 1, Division II, of the California Residential Code
Except as provided in this chapter, the certain building code known and designated as the
California Residential Code, Title 24, Part 2.5, 2019 Edition, (CRC), as developed by the
State of California, based on the 2018 International Residential Code as published by the
International Code Council, shall become the administrative provisions of the City of Palm
Desert for regulating the construction, erection, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy, equipment, use and occupancy and
maintenance of all buildings and/or structures in the City. The California Residential Code
and its adopted appendices and amendments will be on file for public examination in the
offices of the Building Official.
15.06.030 Amendments to the California Residential Code
A. Amending Section R105.2 Work exempt from permit
Building:
2. Fences not over 3 feet 6 inches (1066.8 mm) high.
3. Retaining walls that are not over 3 feet 6 inches (1066.8 mm) in height measured
from the top of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
B. Amending Section R105.5 Expiration
R105.5 Expiration. Every permit shall remain valid for the purposes of this part if
the work on the site authorized by that permit is commenced within 12 months after
its issuance, unless the permittee has abandoned the work authorized by the
permit.
A permittee may request an extension of a permit. The building official may grant,
in writing, one or more extensions of time for periods of not more than 180 days
per extension. The permittee shall request an extension pursuant to this
subdivision in writing and demonstrate justifiable cause for the extension.
C. Amending Section R112 Board of Appeals
R112.1 General. For all occupancies not provided for under the authority provided
in the California Residential Code (CRC) Section 1.8.8.1, an appeals board shall be
created, and the appeals board shall be applicable for all buildings and structures
within the City of Palm Desert.
R112.2 Appeals Board Defined. The Housing Appeals Board, and the Local
ORDINANCE NO. 1351
Appeals Board shall, for the purposes of this code, may be one in the same and shall
be referred to herein throughout this code as the Appeals Board.
R112.3 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not fully apply or an equally
good or better form of construction is proposed. The board shall not have the
authority to waive requirements of this code.
R112.4 Qualifications. The board of appeals shall consist of members who are
qualified by experience and training to pass judgement on matters pertaining to
building construction and not employees of the jurisdiction.
R112.5 Administration. The building official shall take immediate action in
accordance with the decision of the board.
C. Amending Section R113 Violations
R113.4 Violation penalties. Any person, firm or corporation violating any of the
provisions, regulations, requirements, additions, amendments and/or deletions of this
code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as
set forth in Chapter 1.12 of the Palm Desert Municipal Code.
CHAPTER 15.08
MECHANICAL CODE
Sections:
15.08.010 Adoption of California Mechanical Code
15.08.020 Amendments to the California Mechanical Code
15.08.010 Adoption of the California Mechanical Code
Except as provided in this chapter, the California Mechanical Code, Title 24, Part 4, 2019
Edition, (CMC), including Chapter 1, Division II, and Appendix Chapters B, C, and D, as
adopted by the State of California, based on the 2018 Uniform Mechanical Code as
published by the International Association of Plumbing and Mechanical Officials (IAPMO),
shall be and become the "Mechanical Code" of the City of Palm Desert, regulating and
controlling the design, construction, installation, quality of materials, location, operation
and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and
other miscellaneous heat producing appliances. The California Mechanical Code is on
file for public examination in the office of the Building Official.
15.08.020 Amendments to the California Mechanical Code
A. Amending Section 104 Fees.
ORDINANCE NO. 1351
104.5 Fees. On buildings, structures, mechanical systems or alterations requiring a
permit, a fee for each permit shall be paid as required, in accordance with the
scheduled as established by the applicable governing authority.
B. Deleting last paragraph of Section 104.3.2 Plan Review Fees.
i Vht\i F!cn`+ ere incomplete OF nhaned so to require additional plan review, a fee
n.tee.
shallbehaFgged at the Fate shown in Table 10 C.
C. Amending Section 105.2.6 Reinspections.
Fourth paragraph of section 105.2.6 of the California Mechanical Code is amended
to read as follows:
To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee
schedule as established by the applicable governing authority.
CHAPTER 15.10
ELECTRICAL CODE
Sections:
15.10.010 Adoption of California Electrical Code
15.10.010 Adoption of the California Electrical Code
Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2019
Edition, (CEC), as adopted by the State of California, based on the 2017 National Electrical
Code as published by the National Fire Protection Association (NFPA), shall become the
"Electrical Code" of the City of Palm Desert, regulating all installation, arrangement,
alteration, repair, use and other operation of electrical wiring, connections, fixtures and other
electrical appliances on premises within the City. The California Electrical Code is on file for
public examination in the office of the Building Official.
CHAPTER 15.12
PLUMBING CODE
Sections:
15.12.010 Adoption of California Plumbing Code
15.12.020 Amendments to the California Plumbing Code
15.12.010 Adoption of the California Plumbing Code
Except as provided in this chapter, the California Plumbing Code, Title 24, Part 5, 2019
Edition, (CPC), including Chapter 1, Division II, and Appendix A, B, D, H, I, and J, as
adopted by the State of California, based on the 2018 Uniform Plumbing Code as
published by the International Association of Plumbing and Mechanical Officials (IAPMO),
shall be and become the "Plumbing Code" of the City of Palm Desert, regulating erection,
ORDINANCE NO. 1351
installation, alteration, repair, relocation, replacement, maintenance or use of plumbing
systems within the City. The California Plumbing Code will be on file for public
examination in the office of the Building Official.
15.12.020 Amendments to the California Plumbing Code
A. Amending Section 104.5 Fees.
104.5 Fees. On buildings, structures, plumbing systems or alterations requiring a
permit, a fee for each permit shall be paid as required, in accordance with the
scheduled as established by the applicable governing authority.
B. Deleting last paragraph of Section 104.3.2 Plan Review Fees.
be chaFged at the Fate she n in Table 104.6
C. Amending Section 105.2.6 Reinspections.
Fourth paragraph of section 105.2.6 of the California Plumbing Code is amended to
read as follows:
To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a
fee schedule as established by the applicable governing authority.
CHAPTER 15.14
ENERGY CODE
Sections:
15.14.010 Adoption of California Energy Code
15.14.010 Adoption of the California Energy Code
That certain document in book form entitled "California Energy Code, Title 24, Part 6,
2019 Edition," including the appendices thereof, as approved and copyrighted by the
"California Building Standards Commission", 2525 Natomas Park Drive, Suite 130,
Sacramento, California, 95833-2936, prescribing regulations governing the building
envelope, space -conditioning system, water -heating systems, indoor lighting systems,
outdoor lighting systems, and indoor and outdoor signs installations, construction,
maintenance, alteration, and repair within the City, is hereby adopted by reference as the
"Energy Code" of the City of Palm Desert. The California Energy Code will be on file for
public examination in the office of the Building Official.
ORDINANCE NO. 1351
Sections:
15.16.010
15.16.020
15.16.030
15.16.040
15.16.050
15.16.060
Chapter 15.16
SOLAR PV CODE
Adoption
Purposes
Definitions
Mandatory Requirements
Validity
Penalties and Enforcement
15.16.010 Adoption
That this ordinance is hereby adopted by reference as the "Solar PV Code" of the City of
Palm Desert, and from the date on which the ordinance codified in this chapter shall take
effect, the provisions thereof shall be controlling within the corporate limits of the City of
Palm Desert. The Solar PV Code will be on file for public examination in the office of the
Building Official.
15.16.020 Purposes
The purposes of this chapter are to provide minimum standards to safeguard life or limb,
health, property and the public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and maintenance of all
buildings and structures within the City of Palm Desert; to encourage and instruct people
to build safely and economically, rather than to discourage building; and to provide a
minimum or restrictive enforcement and a maximum of good building information and
encouragement.
15.16.030 Definitions
PRODUCTION HOME means a dwelling constructed as part of a residential
development of at least five homes per project that is intended or offered for sale.
SOLAR PV ENERGY SYSTEM means a photovoltaic solar collector or other
photovoltaic solar energy device that has a primary purpose of providing for the
collection and distribution of solar energy for the generation of alternating current rated
peak electricity. The installation of any solar PV energy system must meet all
installation criteria of the current edition of the California Electrical Code, and must
include PV panels and inverters, which are listed by the California Energy
Commission.
16.16.040 Mandatory Requirements All buildings covered by this Ordinance shall
include the following mandatory energy measures as applicable and limited to the
permitted scope of work:
ORDINANCE NO. 1351
1) At least one model home as part of a production home development shall be
equipped with a Solar PV Energy System with a minimum nominal output of 2.0
kW.
2) A seller of production homes shall offer a solar PV energy system option to all
customers that enter into negotiations to purchase a new production home and
disclose the following:
a) The total installed cost of the solar PV energy system option; and,
b) The estimated cost savings associated with the solar energy system option
as determined by current and projected future utility costs.
3) Provisions for Future Solar PV Energy Systems. A 1-inch diameter electrical
conduit shall be provided for installation of future solar PV energy systems. The 1-
inch diameter electrical conduit shall extend from a point on the exterior wall
located under the southern roof exposure, to the exterior wall location adjacent to
the main electrical service panel. At each location, the conduit shall terminate at a
two -gang, exterior wet location rated electric junction box.
4) Energy Star Appliances Required. If provided by the developer, all the following
installed appliances shall be Energy Star rated:
a)
Dishwashers
b)
Refrigerators
c)
Clothes Washers
d)
Clothes Dryers (Natural Gas only)
e)
Ceiling fans
f)
Exhaust fans
15.16.050
Validity
The city council of the city of Palm Desert hereby declares that if any section, subsection,
sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of the ordinance codified in this chapter. The City Council of the city of Palm
Desert hereby declares that is would have passed the ordinance codified in this chapter,
and each section, subsection, clause, or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Page 10 of 35
ORDINANCE NO. 1351
15.16.060 Penalties and Enforcement
a) Each violation of the provisions of this chapter shall constitute a misdemeanor, and
shall be punishable by imprisonment in the county jail for up to six (6) months, or
by a fine of up to one thousand dollars ($1,000), or both. Each day that a violation
continues shall be deemed a new and separate offense.
b) The Building Official shall have the authority to enforce this chapter as specified in
section Chapter 1.12 of the Palm Desert Municipal Code, including but not limited
to the authority to order that work be stopped where any work is being done
contrary to the provisions of this chapter.
CHAPTER 15.18
GREEN BUILDING CODE
Sections:
15.18.010 Adoption of California Green Building Standards Code
15.18.010 Adoption of the California Green Building Standards Code
That certain document in book form entitled California Green Building Standards Code,
Title 24, Part 11, 2019 Edition, (CGBSC), copyrighted by the "California Building
Standards Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California,
95833-2936, prescribing regulating public health, safety and general welfare by
enhancing the design and construction of buildings through the use of building concepts
having a reduced negative impact, or positive environmental impact and encouraging
sustainable construction practice within the City, are hereby adopted by reference as the
"Green Building Code" of the City of Palm Desert, and from the date on which the
ordinance codified in this chapter shall take effect, the provisions thereof shall be
controlling within the corporate limits of the City of Palm Desert. The California Green
Building Standards Code will be on file for public examination in the office of the Building
Official.
CHAPTER 15.20
HISTORICAL CODE
Sections:
15.20.010 Adoption of California Historical Building Code
15.20.010 Adoption of the California Historical Building Code
Except as provided in this chapter, the California Historical Building Code, Title 24, Part
8, 2019 Edition, (CHBC), copyrighted by the "California Building Standards Commission",
2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936, prescribing
regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of
buildings or properties designated as qualified historical building or properties within the
City, are hereby adopted by reference as "The Historical Code" of the City of Palm Desert,
Page 111 f 35
ORDINANCE NO. 1351
and from the date on which the ordinance codified in this chapter shall take effect, the
provisions thereof shall be controlling within the corporate limits of the City of Palm Desert.
The California Historical Building Code will be on file for public examination in the office
of the Building Official.
CHAPTER 15.22
HOUSING CODE
Sections:
15.22.010 Adoption of the Uniform Housing Code
15.22.020 Amendments
15.22.010 Adoption of the Uniform Housing Code
Except as provided in this chapter, known and designated as the Uniform Housing Code,
1997 Edition, (UHC), continues as the adopted reference in the State Housing Law, Title
25, CCR, Division 1, Chapter 1, subchapter 1, section 32 for the enforcement of use,
maintenance and occupancy requirements by local code enforcement agencies. The
Housing Code will be on file for public examination in the office of the Building Official.
15.22.020 Amendments
The Uniform Housing Code, 1997 Edition, (UHC), with California amendments in the State
Housing Law, Title 25, CCR, Division 1, Chapter 1, subchapter 1, section 32. Only
Chapters 4, 5, 6 and sections 701.2 and 701.3 of the 1997 UHC are adopted and
applicable.
CHAPTER 15.24
EXISTING BUILDING CODE
Sections:
15.24.010 Adoption of California Existing Building Code
15.24.010 Adoption of the California Existing Building Code
Except as provided in this chapter, the California Existing Building Code, Title 24, Part 10,
2019 Edition, (CEBC), based on the 2018 International Existing Building Code, as adopted
by the State of California, as published by the International Code Council (ICC), shall
become the "Existing Building Code" of the City of Palm Desert for the purpose of regulating
the Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in
existing buildings in the City. The California Existing Building Code will be on file for public
examination in the office of the Building Official.
Page 12 of 3
ORDINANCE NO. 1351
CHAPTER 15.26
FIRE CODE
Sections:
15.26.010 Adoption of the California Fire Code
15.20.020 Outdoor fires prohibited
15.26.010 Adoption of the California Fire Code
Section 1.
FINDINGS. The City of Palm Desert finds the following:
A. Every three years the State of California adopts a new California Fire Code, as
part of the California Building Standards Code, which becomes effective as to
Riverside County 180 days after publication by the California Building Standards
Commission.
B. The International Fire Code has been published and adopted, as amended, by the
California Building Standards Commission into the California Code of Regulations
as Title 24, Part 9, titled the California Fire Code.
C. Riverside County may establish more restrictive standards reasonably necessary
to provide fire protection for life and property because of local climatic, geological
or topographical conditions.
D. Riverside County has an arid climate with annual rainfall varying from three (3)
inches in Blythe to over thirty-three (33) inches in Pine Cove. The County also
experiences annual hot, dry Santa Ana Winds, which contribute to fires spreading
quickly throughout the County.
E. A variety of regions exist within Riverside County including deserts, mountains,
brush covered wild lands, the Salton Sea and agricultural lands. Additionally,
elevations within Riverside County range from three hundred (300) feet below sea
level to mountains over ten thousand (10,000) feet. This variety in regions
contributes to an increased emergency response time, which necessitates
cooperation between local agencies.
F. Riverside County contains a large number of sensitive habitats for various species
and vegetation, consists of large open space areas between major urban centers
and includes landscapes varying from mountains and hills to valleys and deserts.
These conditions impact building and structure location, which impedes
emergency access and response.
G. Riverside County extends from Orange County to the State of Arizona and is mixed
with congested urban areas, rural lands and wild lands, which increase Riverside
County Fire Department response times to emergencies.
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ORDINANCE NO. 1351
H. Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault,
bisect Riverside County and numerous minor faults exist throughout it. As a result,
a substantial amount of property and persons located in Riverside County are likely
to be impacted by earthquakes and will require emergency response and rescue.
I. The topography within Riverside County extends from flat to twenty-five (25)
percent slope for habitable land, which causes buildings and structures to be
located in unique areas that impact emergency response and access.
J. In addition to earthquakes, a substantial amount of property and persons located
in Riverside County are likely to be impacted by landslides, wind erosion, blown
sand, flooding and wildfires because of the County's unique climatic, geological
and topographical conditions.
K. The additional requirements included herein are necessary to properly protect the
health, safety and welfare of the residents and workers of Riverside County.
L. Revenue shortages make it difficult to locate additional fire stations and provide
staffing sufficient to control fires in single and multi -story retail, commercial and
industrial buildings, making enhanced built in protection necessary.
M. The sections of the California Fire Code may be referred to by the same number
used in said published compilation preceded by the words "Riverside County Fire
Code Section" or "Fire Code Section."
Page 14 of 35
ORDINANCE NO. 1351
I2019 CODE
TITLE/SUBJECT
FINDINGS 1,
SECTION
II, III
101.4
Severability
Administrative
102.5
Application of the residential code
I, II & III
103.4 and 103.4.1
Liability
Administrative
104.1.1
Authority of the Fire Chief and Fire Department
Administrative
104.12
Authority of the Fire Chief to close hazardous fire
Administrative
areas
106.2
Fees
Administrative
106.6
Cost Recovery
Administrative
109.1
Board of Appeals established
Administrative
110.4
Violation and Penalties
Administrative
1202
Fire Chief
Administrative
1 308.1.6.2
Sky lanterns or similar devices
I, II & III
1 503.2.1
Dimensions
Administrative
503.2.2
Authority
Administrative
503.6.1
Automatic opener
Administrative
503.7
Loading areas and passenger drop-offs
Administrative
507.5.7
Fire hydrant size and outlets
I & III
507.5.8
Fire hydrant street marker
I, II & III
508.1, 508.1.1,
508.1.3, 508.1.6,
Fire command center
I, II & III
508.1.8
1 509.2.1
Minimum clearances
I & III
1606.10.1.2
Manual operation
II & III
1903.2
Where required (automatic sprinkler systems)
I, II & III
1903.3.5.3
Hydraulically calculated systems
I & II
3204.2.1
Minimum requirements for client leased or occupant
I, II & III
4904.3
High Fire Hazard Severity Zone Maps
Administrative
App Ch B, Table
Buildings other than one- or two-family dwellings
I, II & III
B 105.2
App Ch C, C103.1
Fire hydrant location
I, II & III
Section 2.
PURPOSE. The purpose of this ordinance is to adopt the 2019 California Fire Code,
California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding
of life and property from fire, explosion hazards and hazardous conditions and to regulate
the issuance of permits and collection of fees.
Face 15 of 35
ORDINANCE NO. 1351
Section 3.
AUTHORITY. This ordinance is adopted pursuant to Health and Safety Code Sections
17958, 17958.5, 17958.7 and 18941.5 which allow a city or county to adopt modifications
or changes to the California Fire Code that are reasonably necessary because of local
climatic, geological and topographical conditions.
Section 4.
APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE. Except as stated
in this Section or as amended below in Section 5 of this Ordinance, all of the provisions
and appendices of the 2019 California Fire Code, inclusive of all of the inclusions and
exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City
of Palm Desert. In addition, the following provisions that are excluded in the 2019
California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire
Code is hereby adopted, except that Section 103.2 and 109.3 are not adopted, and
Chapters 3, 25, and Sections 403.12, 503, 510.2, and 1103.2 are adopted.
Section 5.
AMENDMENTS TO CALIFORNIA FIRE CODE:
A. SCOPE AND GENERAL REQUIREMENTS
1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the
following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance
or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this
ordinance are hereby declared to be severable.
B. APPLICABILITY
1. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and
constructed in accordance with the California Residential Code, the provisions of this
code shall apply as follows:
1. Construction and design provisions of this code pertaining to the exterior of the
structure shall apply including, but not limited to, premises identification, fire
apparatus access and water supplies. Where interior or exterior systems or
devices are installed, construction permits required by Section 105.7 of this code
shall apply.
Fags 16 of 35
ORDINANCE NO. 1351
2. Administrative, operational and maintenance provisions of this code shall apply.
3. Automatic fire sprinkler system requirements of this code shall apply to detached
accessory buildings 3,000 square feet or greater in accordance with Section 903.2.
The provisions contained in Section 903.2.18 of the California Fire Code or Section
R309.6 of the California Residential Code may be used for the design of the
automatic fire sprinkler system for detached private garages.
C. DEPARTMENT OF FIRE PREVENTION
1. Sections 103.4 and 103.4.1 of the California Fire Code are deleted in their entirety and
replaced with the following:
103.4 Liability. Any liability against Riverside County or the City of Palm Desert or
any officer or employee for damages resulting from the discharge of their duties shall
be as provided by law.
D. GENERAL AUTHORITY AND RESPONSIBILITIES.
1. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as
follows:
104.1.1 Authority of the Fire Chief and Fire Department.
1. The Fire Chief is authorized and directed to enforce all applicable State fire laws
and provisions of this ordinance and to perform such duties as directed by the City
Council.
2. The Fire Chief is authorized to administer, interpret and enforce this ordinance.
Under the Fire Chief's direction, the Riverside County Fire Department is authorized
to enforce ordinances of the City of Palm Desert pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and other private fire
alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire hazards on land,
in buildings, structures and other property, including those under construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the provisions
of this ordinance and to make arrests and issue citations as authorized by law:
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ORDINANCE NO. 1351
3.1. The Unit Chief, Peace Officers and Public Officers of the California
Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County
Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
3.4. The Police Chief and any police officer of any city served by the Riverside
County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Palm Desert Code Enforcement Department.
3.7. Peace Officers of the California Department of Parks and Recreation.
3.8. The law enforcement officer of the Federal Bureau of Land Management.
2. A new Section 104.12 is added to Section 104 of the California Fire Code to read as
follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon
National Forest Land, the Fire Chief is authorized to determine and announce the
closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for
a period of more than fifteen (15) calendar days must be approved by the Riverside
County Board of Supervisors and/or the City Council within fifteen (15) calendar days
of the Fire Chief's original order of closure. Upon such closure, no person shall go in
or be upon any hazardous fire area, except upon the public roadways and inhabited
areas. During such closure, the Fire Chief shall erect and maintain at all entrances to
the closed area sufficient signs giving notice of closure. This section shall not prohibit
residents or owners of private property within any closed area, or their invitees, from
going in or being upon their lands. This section shall not apply to any entry, in the
course of duty, by a peace officer, duly authorized public officer or fire department
personnel. For the purpose of this section, "hazardous fire area" shall mean public or
private land that is covered with grass, grain, brush or forest and situated in a location
that makes suppression difficult resulting in great damage. Such areas are designated
on Hazardous Fire Area maps filed with the office of the Fire Chief.
E. FEES
1. Section 106.2 of the California Fire Code is deleted in its entirety and replaced with the
following:
106.2 Schedule of permit fees. Fees for services and permits shall be as set forth
in the city of Palm Desert fee schedule.
2. A new Section 106.6 is added to Section 106 of the California Fire Code to read as
follows:
106.6 Cost recovery. Fire suppression, investigation, rescue or emergency
medical costs are recoverable in accordance with Health and Safety Code
Sections 13009 and 13009.1, as may be amended from time to time. Additionally,
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ORDINANCE NO. 1351
any person who negligently, intentionally or in violation of law causes an
emergency response, including, but not limited to, a traffic accident, spill of toxic
or flammable fluids or chemicals is liable for the costs of securing such emergency,
including those costs pursuant to Government Code Section 53150, et seq., as
may be amended from time to time. Any expense incurred by the Riverside County
Fire Department for securing such emergency shall constitute a debt of such
person and shall be collectable by Riverside County in the same manner as in the
case of an obligation under contract, express or implied.
F. BOARD OF APPEALS
1. Section 109.1 of the California Fire Code is deleted in its entirety and replaced with the
following:
109.1 Board of appeals established. The Board of Appeals shall be the City
Manager. If he or she determines an outside board is needed, he or she shall
designate an outside hearing officer to hear the appeal. The Fire Chief shall be
notified of any appeal and the Fire Chief or designee shall be in attendance at the
appeal hearing. Depending on the subject of the appeal, specialized expertise may
be solicited, at the expense of the applicant, for the purpose of providing input to the
Appeals Board.
G. VIOLATIONS.
1. Section 110.4 of the California Fire Code is deleted in its entirety and replaced with the
following:
110.4 Violation and penalties. It shall be unlawful for any person, firm, corporation
or association of persons to violate any provision of this ordinance, or to violate the
provisions of any permit granted pursuant to this code or Ordinance. Punishments and
penalties for violations shall be in accordance with the City of Palm Desert ordinances,
fee schedule and Health and Safety Code Sections 17995 through 17995.5.
H. DEFINITION.
1. Section 202, definition of "Fire Chief' in the California Fire Code is deleted in its entirety
and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chiefs designee.
(.OPEN FLAMES.
1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced
with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause
Page 19 of 35
ORDINANCE NO. 1351
to be released a sky lantern or similar device.
J. FIRE APPARATUS ACCESS ROADS.
1. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width
of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved
security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or
alternatives see Riverside County Fire Department Standards and Policies, as may
be amended from time to time.
2. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with
the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to
designate fire apparatus access roads and fire lanes and to modify the minimum fire
lane access widths for fire or rescue operations.
3. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as
follows:
.503.6.1 Automatic opener. New motorized gates shall be provided with means to be
automatically opened remotely by emergency vehicle in accordance with Riverside
County Fire Department standards and Policies, as may be amended from time to
time.
Exception: Gates serving individual one- and two-family dwelling parcels.
4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as
follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where
fire apparatus access roads are utilized for loading or unloading or utilized for
passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to
the minimum required width for the fire apparatus access road.
K. FIRE PROTECTION WATER SUPPLIES
1. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as
follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire
hydrant sizes and outlets shall be based on the following:
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ORDINANCE NO. 1351
1. Residential Standard — one (1) four (4) inch outlet and one (1) two and half (2
Y2) inch outlet.
2. Super Hydrant Standard — one (1) four (4) inch outlet and two (2) two and one
half (2 Y2) inch outlet.
3. Super Hydrant Enhanced — two (2) four (4) inch outlet and one (1) two and one
half (2 '/2) inch outlet.
2. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as
follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated
in accordance with Riverside County Fire Department Technical Policy 06-11, as may
be amended from time to time. Any hydrant marker damaged or removed during the
course of street construction or repair shall be immediately replaced by the contractor,
developer or person responsible for removal or damage.
L. FIRE COMMAND CENTER
1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the
following:
508.1 General. Where required by other sections of this code and in all buildings
classified as high-rise buildings by the California Building Code, in buildings greater
than 300,000 square feet in area and in Group 1-2 occupancies having occupied floors
located more than 75 feet above the lowest level of fire department vehicle access, a
fire command center for fire department operations shall be provided and comply with
Sections 508.1.1 through 508.1.7.
2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
508.1.1 Location and access. The fire command center shall be located adjacent to
the main lobby and shall be accessible from fire department vehicular access or as
approved by the fire code official. The room shall have direct access from the building
exterior at the lowest level of fire department access.
3. Section 508.1.3 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is greater than
300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a
minimum dimension of 8 feet (2438mm).
4. Section 508.1.6 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is greater than
Page 21 of 35
ORDINANCE NO. 1351
300,000 square feet in area shall comply with NFPA 72 and contain the features set
forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in
Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be
required when such building contains systems or functions related to these features.
5. A new Section 508.1.8 is added to Section 508 of the California Fire Code to read as
follows:
508.1.8 Fire command center identification. The fire command center shall be
identified by a permanent easily visible sign stating "Fire Dept. Command Center,"
located on the door to the fire command center.
M. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND LOCATION
1. Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained
around the circumference of exterior fire protection system control valves, or any other
exterior fire protection system component that may require immediate access, except
as otherwise required or approved.
N. MECHANICAL REFRIGERATION.
1. Section 606.10.1.2 of the California Fire Code is deleted in its entirety and replaced
with the following:
606.10.1.2 Manual operation. When required by the fire code official, automatic
crossover valves shall be capable of manual operation. The manual valves shall be
located in an approved location immediately outside of the machinery room in a secure
metal box or equivalent and marked as Emergency Controls.
O. AUTOMATIC SPRINKLER SYSTEMS.
1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the
following:
903.2 Where required. In all new buildings and structures which are 3,000 square
feet or greater, or where the combination of new additional square footage and
existing square footage exceeds 3,000 square feet, an approved automatic sprinkler
system shall be provided regardless of occupancy classification. The fire -resistive
walls shall not be considered for reducing the fire area of the building and structures
for the purposes of this section. Where the Sections 903.2.1 — 903.2.20 of the
California Fire Code require more restrictive requirements than those listed below, the
more restrictive requirement shall take precedence.
Exception: Unless required elsewhere in this code or the California Building
Page 22 of 35
ORDINANCE NO. 1351
Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for agricultural purposes constructed
in accordance with the California Building Code.
2. Detached non-combustible equestrian arena shade canopies that are open
on all sides and used for riding only - no commercial, assembly or storage uses.
3. Detached fabric or non-combustible shade structures that are open on all
sides and used to shade playground equipment, temporary storage of vehicles
and dining areas with no cooking.
4. Where determined by the Fire Chief that no major life safety hazard exists,
and the fuel load does not pose a significant threat to firefighter safety or to
other structures or property, automatic fire sprinklers may be exempted.
One- and two-family dwellings shall have an automatic fire sprinkler system regardless
of square footage in accordance with the California Residential Code. Fire sprinkler
systems shall be installed in mobile homes, manufactured homes and multifamily
manufactured homes with two dwelling units in accordance with Title 25 of the
California Code of Regulations.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as
follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated
fire sprinkler systems shall not exceed 90% of the water supply capacity.
P. DESIGNATION OF HIGH -PILED STORAGE AREAS.
1. A new Section is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned
warehouses. Designs of an automatic sprinkler system for client leased or occupant
owned buildings containing high pile storage shall be based on the requirements of
NFPA 13. The responsible fire protection engineer shall perform a survey of the
building to determine commodity classification, storage configuration, building height
and other information related to the development of an appropriate sprinkler system
design. The fire protection engineer shall also make reasonable efforts to meet with
the building owner or operator to understand seasonal or customer related fluctuations
to the stored commodities, storage height, and configuration. The sprinkler design
shall be based on the most demanding requirements determined through the onsite
survey and discussions with the building owner or operator. The technical report shall
describe the basis for determining the commodity and sprinkler design selection, how
ORDINANCE NO. 1351
the commodities will be isolated or separated, and include references to the design
document(s), including NFPA 13 or the current applicable factory mutual data sheets.
If a specific fire test is used as the basis of design, a copy of the fire test report shall
be provided at the time of plan review.
Q. FIRE HAZARD SEVERITY ZONES.
1. A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as
follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government
Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are
designated as shown on a map titled Very High Fire Hazard Severity Zones, dated
December 24, 2009 and retained on file at the office of the Fire Chief, which
supersedes other maps previously adopted designating high fire hazard areas.
R. APPENDIX B.
1. Table 13105.2 of the California Fire Code is amended as follows:
TABLE B105.2
REQUIRED FIRE -FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC
MINIMUM FIRE -FLOW
FLOW DURATION
SPRINKLER SYSTEM
(gallons per minute)
(hours)
(Design Standard)
No automatic sprinkler
Value in Table B105.1(2)
Duration in
Table
system
B105.1(2)
Section 903.3.1.1 of
50% of the value in Table
Duration in
Table
the Califomia Fire
B105.1(2)a
B105.1(2) at
the
Code
reduced flow rate
Section 903.3.1.2 of
50% of the value in Table
Duration in
Table
the Califomia Fire
B105.1(2)b
B105.1(2) at
the
Code
reduced flow rate
For SI: 1 gallon per minute
= 3.785 L/m.
a. The reduced fire -flow shall be not less than 1,000 gallons per minute.
b. The reduced fire -flow shall be not less than 1,500 gallons per minute.
S. APPENDIX C.
1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing
Page 24 of 35
ORDINANCE NO. 1351
required access to buildings in accordance with Section 503 of the International Fire
Code shall be provided with one or more fire hydrants, as determined by Section
C102.1. Where more than one fire hydrant is required, the distance between required
fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants
shall be provided at street intersections.
15.20.020 Outdoor fires prohibited.
It is unlawful to burn any material, structure, matter, or thing in an outdoor fire or
incinerator or by similar means unless within an approved and controlled area by
the department of building and safety, the fire marshal, and the planning
department (for example, fire places, barbeques and fire pits). No other types of
outdoor open fires are permitted unless approved as part of a project's conditional
use permit. Persons violating this section shall be subject to the penalties.
CHAPTER 15.28
ADDRESS NUMBERING
Sections:
15.28.010 Rules and regulations for Street Address numbers
15.28.020 Street Address numbers
15.28.025 Entrance Numbers
15.28.030 Street Address numbers responsibility
15.28.040 Street Address numbers designation
15.28.050 Correcting erroneous numbers
15.28.060 Unnumbered buildings and obliterated/obstructed numbers
15.28.070 Violation —Penalty
15.28.010 Rules and regulations for Street Address numbers
The Building Official shall adopt such reasonable rules and regulations as are necessary
to implement the street address numbers provisions of this article codified in this chapter.
15.28.020 Street Address numbers size and height
The City of Palm Desert, Department of Building and Safety, shall provide a street
address to all buildings used for residential, commercial, industrial, institutional, or
governmental purposes. New and existing buildings shall have approved street address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. The minimum
dimensions of any street address number designated by the Building Official shall be as
shown in Table 15.28.020A:
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ORDINANCE NO. 1351
TABU 15.28.020A
Distance From Street
Minimum Figure Size
to Buildinq
Over To
Height
Width
Stroke of
Building
Line
Placement
(Maximum
Height)
0, 10,
6"
211
Y2"
8'
11' 25'
6"
2'/"
Y2"
10,
26' 35'
7"
2Y2"
'/2"
12'
36' 45'
101,
3"
%11
14'
46' 55'
101,
3Y2"
3/"
16'
56' 65'
101,
4"
3/"
18'
66' 75'
101,
4Y2"
'/$"
20'
76' 85'
12"
5$1
1 "
22'
86' 95'
12"
5Y2"
1 %8"
24'
96' 200'
12"
6"
l %ll
26'
Stroke of Line — Helvetica Bold or Equal. Design (including shape and style) as well as
location of the street address numbers shall be such that they are legible and easily
readable. The Building Official may prescribe a street address number larger in size than
stated in Table 15.28.020A when determined that lighting conditions, building locations,
shadows, background, or readable from the street or approach to the entrance. A street
address number of unusual design or placement may not be employed without prior
written approval of the Building Official.
15.28.025 Entrance Numbers
All entrance numbers from the public streets or parking lots in the city to residential,
commercial or multiple tenant buildings shall be numbered as hereafter provided. Building
address number and or suite unit number of each and every entrance shall be placed
upon, or immediately above or adjacent to the door or gate closing of said entrance where
multi -numbered street addresses exist on a site. Single numbered street addresses on a
building will only require the suite number immediately above or adjacent to the door or
gate of said entrance. Each figure of said number shall be no less than four (4) inches in
height and of corresponding width. (See section 15.28.020). The owner, agent or other
person shall cause said building to be numbered in accordance with the building official
or designee within thirty (30) days. Results of the building official's decision shall be filed
with each address record.
Exception: Numbers for single family residences less than thirty (30) feet from the curb
to front of building may be a minimum of four (4) inches high by 1'/2 inches wide.
Notwithstanding the above, the Building Official may set forth different standards on a
case -by -case consideration to comply with the intent of this Chapter.
Page 26 of 55
ORDINANCE NO. 1351
15.28.030 Street Address numbers responsibility
Every person having ownership, possession, custody, control or charge of any building
structure or parking lot shall have and maintain the established street address number
thereon upon or near each entrance from a street of the city, and from any other public
access way, in the manner and location designated by the building official or designee.
"Access way", shall include, but not be limited to, any alley, stairway, driveway or walk-
way.
15.28.040 Street Address numbers designation
Installation, change, substitution or removal of any existing or subsequently designated
street address number shall be completed within thirty days after receipt by the owner,
occupant, lessee, tenant, subtenant, fiduciary or custodian of such building, structure or
parking lot, or any person or agent in charge thereof, of a written notice containing
appropriate instructions therefore, from the Building Official.
15.28.050 Correcting erroneous numbers
In cases where incorrect numbers have been placed and remain or shall hereafter be
placed on any house or building, the owner, agent or other person shall, upon notification
by the building official, correct the erroneous numbers within thirty days after official
notification.
15.28.060 Unnumbered buildings and obliterated/obstructed numbers
In cases where a building or structure remains unnumbered or where a building or
structure may have been numbered and the number since lost or destroyed or defaced
as to be unintelligible from right-of-way, the owner, agent or other person will cause said
building or structure to be numbered in accordance with the official notification of the
building official within thirty days. All numbered street addresses must be kept clear from
all obstructions, including, but not limited to, vegetation, signs, banners and vehicles.
15.28.070 Violation —Penalty
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person violating any provision of the chapter or failing
to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 of
the code of Palm Desert, California.
CHAPTER 15.30
CONSTRUCTION SITE SECURITY
15.30.010 Construction Site Security
A. The owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall maintain security measures as
'age 2 f of 35
ORDINANCE NO. 1351
deemed necessary or as required by the Building Official to control vandalism, fires,
blowing dust, sand or debris.
B. Perimeter security fencing is required along all property lines. Fencing shall be a
minimum 6 feet high with a minimum 94% blackout heavy-duty plastic screening. The
number of access points onto the site shall be minimized, and where feasible, situated
in locations that are highly visible from an adjacent street. Vehicle and pedestrian
gates and openings shall have gates secured after hours of operation. Locking gates
shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-
inch cable. The perimeter security fencing shall be maintained and remain in place
through the duration of the project or until a permanent wall/fencing is installed.
C. The owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall keep the construction site clean
by having an adequately sized debris box container placed on the site for the
depositing of trash and debris. As used in this section, trash and debris shall include
papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster,
concrete, boards and other substance that may be accumulated as a result of
construction activities.
D. A trash container shall remain on the construction site until the building inspector has
completed the final inspection or has approved the removal of the container. Said
container shall be emptied of its contents on a regular schedule or as ordered by the
building inspector in order to avoid blowing debris or other public nuisances.
E. Disposal shall be by transportation to a legally established dump site by the city's
refuse contractor, or other person authorized by law to remove any container from the
location where the person in charge for storage and collection placed the container.
F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor
or infraction and is punishable as stipulated in Chapter 1.12 of this code. The non-
compliance can be sufficient cause for the revocation of the issued building permit.
Page 28 of 35
ORDINANCE NO. 1351
CHAPTER 15.32
MOVED BUILDINGS AND TEMPORARY STRUCTURES
Sections:
15.32.010
Permits Required
15.32.020
Application and Investigation Fee
15.32.030
Investigation and Report
15.32.040
Denial of Permit
15.32.050
Security Required
15.32.060
Conditions of Security
15.32.070
Permit Issuance and Fees
15.32.080
General Requirements
15.32.090
Expiration of Permits
15.32.110
Procedure upon Default
15.32.120
Release of Security
15.32.010 Permits Required
It is unlawful for any person, firm or corporation to move or cause to be moved any
building or structure excepting a contractors tool house, construction office or similar
structure which is relocated as construction requires, into or within the city without first
obtaining a permit to do so from the Building Official.
Exception: Buildings moved to the business premises of a house for the purpose
of temporary storage.
15.32.020 Application and Investigation Fee
To obtain a permit to relocate a building or structure the applicant shall first file an
application therefore as required by California Building Code. The Building Official may
require plans, photographs and other data to substantiate the application.
Each application shall be accompanied by an investigation fee to cover the costs of
processing the application, inspecting the building and premises, and handling other
matters connected therewith. Such fee shall be nonrefundable. If the building to be moved
is located outside the city, the applicant shall pay an additional fee to cover increased
costs of inspection and mileage.
15.32.030 Investigation and Report
The Building Official may cause an investigation to be made of each building or structure
for which an application for a relocation permit has been received. A written report shall
be prepared based on such inspection, and a copy of the report shall be given to the
applicant. This report shall contain the approval or disapproval by the Building Official for
relocating the building. If approved for relocation, the report may list the requirements and
corrections necessary for making the building conform to the codes adopted herein.
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In granting an approval for relocation, the Building Official may impose such terms and
conditions as he may deem reasonable and proper, including time limits for completion
of all work, and requirements for whatever changes, alterations, additions or repairs are
necessary to assure that relocation will not be materially detrimental or injurious to public
health, safety and welfare.
The investigation report shall remain valid for a period of one hundred eighty (180) days
after the building or structure has been inspected, after which time a new investigation
and report may be required by the Building Official.
15.32.040 Denial of Permit
Except as otherwise provided in this section, the building official shall be vested with the
discretion to refuse to issue a relocation permit for any building or structure which:
1. Is so constructed or is in such condition as to be dangerous;
2. Is infested with pests or is unsanitary;
3. Is in such condition in the judgment of the Building Official that it does not admit
of practicable and effective repair;
4. Is so dilapidated, defective or unsightly or is in such a condition of deterioration
or disrepair that its relocation at the proposed site would cause appreciable
harm to or be materially detrimental to the property or improvements in the area
to which it would be relocated;
5. Because of age, size, design or architectural treatment, does not substantially
conform to the design, plan and construction of the buildings located in the area
to which it is to be relocated so that its relocation would be materially
detrimental to the property or improvements in said area.
15.32.050 Security Required
The Building Official shall be vested with the authority to require the applicant for a permit
to first post with the building official a performance bond executed by the owner of the
premises where the building or structure is to be located, listing said owner as principal,
and an approved surety company authorized to do business in the state as surety; a cash
bond naming the city of Palm Desert as the payee; or an assignment of certificates or
shares issued by a savings and loan association doing business in this state and insured
by the Federal Savings and Loan Insurance Corporation. The Building Official may waive
the requirement of security when the owner of the property is a governmental agency.
The performance bond required by this section shall:
1. Be in form joint and several;
2. Name the city of Palm Desert as obligee;
3. Guarantee that the required work will be completed or, when ordered by the
building official, the building or structure will be removed or demolished and the
site cleared, cleaned, and restored to its original condition; within a reasonable
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time frame set by the Building Official;
4. Be in an amount equal to the estimated cost, plus ten percent, of the work
required to be done in order to comply with all of the conditions of the relocation
permit or shall be in an amount equal to the cost of demolition and removal,
whichever is greater. Such costs for purposes of the bond shall be as estimated
by the Building Official;
5. State therein the legal description or address of the property to which the
building or structure is to be relocated.
15.32.060 Conditions of Security
Every performance bond, cash bond or assignment of shares required by this article shall
be conditioned as follows:
1. Unless otherwise specified in the investigation report, work required to be done
pursuant to the conditions of the relocation building permit shall be initiated
within one hundred eighty days from the date of issuance of the permit;
2. The time limit specified may be extended for good and sufficient cause after
written request of the principal or surety, before said time limit has expired. The
Building Official shall notify the principal and surety in writing of such time
extension and may extend the time limit without consent of the surety;
3. The term of each bond posted pursuant to this section shall begin upon the
date of the posting thereof and shall end upon the completion to the satisfaction
of the Building Official of the performance of all the terms and conditions of the
relocation building permit;
4. The Building Official and the surety, or the duly authorized representative of
either, shall have access to the premises described in the relocation permit for
the purpose of inspecting the progress of the work;
5. Upon default by the principal, the surety shall cause all required work to be
performed as set forth as stated in the investigation report and relocation
permit;
6. In the event of default in the performance of any term or condition of the
relocation permit, the surety or any person employed or engaged on its behalf,
or the Building Official or any person employed or engaged on his behalf, may
go upon the premises to complete the required work or to remove or demolish
the building or structure, and to clear, clean and restore the site.
15.32.070 Permit Issuance and Fees
Before any permit is issued for the relocation, reconstruction or repair of a building or
structure a fee therefore shall be paid to the Building Official in accordance with the city
council resolution for building, electrical, plumbing, mechanical, and grading or other
permits when applicable. The required permits, together with the investigation report,
shall comprise the relocation permit for the purpose of this section.
The valuation for the purpose of determining the relocation permit fee shall be based upon
the Building Official's estimate of the cost of work necessary to relocate the structure and
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to bring into compliance with conditions listed on the investigation report and permit.
15.32.080 General Requirements
The following information shall be filed for review and subject to the approval of the
Building Official prior to the issuance of the building relocation permit:
The location and address of the old and new sites;
1. A plot plan of the new location, including adjacent lots of all sides of the property
with their use and an indication of all structures and improvements on such lot;
2. Plans and specifications for the proposed improvements at the new location,
including drainage, foundation design and attachment, structural, geologic and
soil engineering as appropriate;
3. The definition of the route of travel for the structure to be moved. The time and
route shall be subject to the approval of the City Engineer, Fire Chief and Chief
of Police;
4. A termite inspection report prepared by a legally qualified person;
5. The abandonment of sewage disposal systems and/or sewer laterals as set
forth in the California Plumbing Code, for the old and the new parcels involved;
6. A current photograph showing all four elevations of each structure to be
relocated;
7. Such additional information as shall be deemed reasonably necessary by the
Building Official to carry out the intent and purpose of this chapter;
8. That the structure shall comply or be altered to comply with current building,
electrical, comfort heating, and air conditioning and plumbing code
requirements; and
9. The vacated site shall be cleaned and restored to a safe and sightly condition,
including the removal of abandoned foundation systems.
15.32.090 Expiration of Permits
Permits for the relocation, reconstruction and repair of a building or structure shall be null
and void in accordance with the provisions of CBC, Chapter I, Division II, Section 105.5
if the building or structure is not relocated to the proposed site and/or the required work
commenced within one hundred eighty consecutive calendar days of the date of issuance
of such permits.
15.32.110 Procedure upon Default
Performance bond. Should the principal fail to comply with the conditions required
by the relocation permit, the Building Official shall give notice of default in writing
to the principal and to the surety named in the performance bond. The notice of
default shall state the conditions of the bond, which have not been complied with
and shall specify the period of time the Building Official deems to be reasonably
necessary for completion of the work. Upon receipt of a notice of default, the surety
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shall cause the required work to be completed within the time specified. The surety
shall have the option of removing or demolishing the building or structure in lieu of
completing the required work, in which case the site shall be suitably cleared,
cleaned and restored to the satisfaction of the Building Official.
Exception: The surety may be granted a release from its obligation to perform
under the conditions of the performance bond provided,
a. A written agreement is executed between surety and the division of building
and safety under which the division assumes responsibility for causing
completion of required work or demolition of the structure; and
b. A cash bond is posted by surety in the amount of the performance bond,
payable to the city, to enable the Building Official to cause the required work
of repair or demolition to be performed in accordance with subsection (K)(2)
of this section.
2. Cash bond. When a cash bond has been posted the Building Official shall give
notice of default to the principal in the manner set forth above. Should the principal
fail to comply with requirements within the specified time period, the building official
at his own discretion may proceed without delay and without further notice or
proceeding to use the cash deposit or any portion thereof to cause the required
work to be completed by contract or otherwise.
3. Assignment of shares. When an assignment of shares has been posted the
building official shall give notice of default to the principal in the manner set forth
above. Should the principal fail to comply with requirements within the specified
time period, the Building Official may request payment of the assigned certificates
or share or any portion thereof by the savings and loan association and at his own
discretion the Building Official may proceed without delay and without further
notice or proceeding to use such assets to cause the required work to be
completed by contractor or otherwise.
15.32.120 Release of Security
1. Performance bond. When all conditions and requirements of the relocation permit
and applicable laws and ordinances have been completed, the Building Official
shall notify the surety that the bond has been exonerated.
2. Cash bond. When a cash bond has been posted and all requirements of the
relocation permit have been completed, the Building Official shall return the cash
to the depositor, or to his successor or assigns, except any portion thereof that
may have been used, cashed or deducted as provided elsewhere in this section.
3. Assignment of shares. When an assignment of shares has been made and all
requirements of the relocation permit have been completed, the building official
shall notify the savings and loan association and shall do all things reasonably
necessary to effect a release of said assignment to the principal or to his
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successors or assigns, except any portion thereof that may have been used,
cashed or deducted as provided elsewhere in this section.
Sections:
15.34.010
15.34.020
15.34.030
15.34.040
15.34.010 Intent
CHAPTER 15.34
SAFETY ASSESSMENT PLACARDS
Intent
Application of provisions
Definitions
Placards
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the Building Official
and his or her authorized representatives to post the appropriate placard at each entry
point to a building or structure upon completion of a safety assessment.
15.34.020 Application of provisions
The provisions of this chapter are applicable to all buildings and structures and all
occupancies regulated by the city. The council may extend the provisions as necessary.
15.34.030 Definitions
"Safety assessment" means a visual, nondestructive examination of a building or
structure for the purpose of determining the condition of the building or structure for
continued occupancy.
15.34.040 Placards
A. The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached to the ordinance codified in this chapter and adopted by
reference.
1. "INSPECTED" - Lawful Occupancy Permitted (Green Placard) is to be posted on
any building or structure wherein no apparent structural hazard has been found.
This placard is not intended to mean that there is no damage to the building or
structure.
2. "RESTRICTED USE" - (Yellow Placard) is to be posted on each building or
structure that has been damaged wherein the damage has resulted in some form
of restriction to the continued occupancy. The individual who posts this placard will
note in general terms the type of damage encountered and will clearly and
concisely note the restrictions on continued occupancy.
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3. "UNSAFE" - Do Not Enter or Occupy (Red Placard) is to be posted on each building
or structure that has been damaged such that continued occupancy poses a threat
to life safety. Buildings or structures posted with this placard shall not be entered
under any circumstance except as authorized in writing by the building official, or
his or her authorized representative. Safety assessment teams shall be authorized
to enter these buildings at any time. This placard is not to be used or considered
as a demolition order. The individual who posts this placard will note in general
terms the type of damage encountered.
B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its
address and phone number shall be permanently affixed to each placard.
C. Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the Building
Official. It is unlawful for any person, firm or corporation to alter, remove, cover or
deface a placard unless authorized pursuant to this section."
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting held this 14 day of November, 2019, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
SUSAN MARIE WEBER, MAYOR
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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