Loading...
HomeMy WebLinkAboutORD 1388ORDINANCE NO. 1388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS WHEREAS, the Building and Safety Division recommends that modifications be made to the 2022 editions of the California Model Code Series. These modifications are reasonable and necessary due to local conditions within the City of Palm Desert. Extreme temperatures, high winds, and the City’s physical proximity to known active earthquake faults are some of the local conditions necessitating these modifications. Other modifications are administrative or procedural with subjects that are not covered by the Code; however, 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 due to 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 circumstances which cause the established amendments to be adopted: A. The City of Palm Desert may establish more restrictive standards reasonably necessary due to climatic, geological, and topographical conditions. These include increase energy efficiencies, water conservation, fire protection, and streamlined permitting procedures to better serve our community. B. Palm Desert experiences and sustains temperatures exceeding 100° Fahrenheit in the summer months. Severe Santa Ana Winds can reach gusts of 90 miles per hour. The adverse climatic conditions increase the likelihood of fire and wind damage to all buildings and vegetation. C. Palm Desert periodically experiences drought which requires usage regulations and restrictions. With burdened storage capacities, limited rainfall, and community consumption, mandating sound management of our water resources make us good stewards of natural resources. D. Our community is located in an area of historically and active seismic area. The existing and planned developments are at risk from damage and fire because of this activity. Modifications to fire-sprinkler systems require lower occupancy levels than those stipulated in the California Building Code. The active earthquake faults possess the capability of disaster that may quickly deplete fire department resources. Automatic fire -suppression systems suppress and extinguish fires to aid in the rescue of life and property. Ordinance No. 1388 Page 2 THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No.1388 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, of the Palm Desert Municipal Code, is hereby amended as shown in Exhibit A, which is attached hereto. ADOPTED ON DECEMBER 15, 2022. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1388 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on November 17, 2022, and adopted at a regular meeting of the City Council held on December 15, 2022, by the following vote: AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _____. ANTHONY J. MEJIA CITY CLERK Kathleen Kelly (Dec 21, 2022 15:45 PST) Kathleen Kelly Anthony Mejia (Dec 21, 2022 15:46 PST) Anthony Mejia (Dec 21, 2022 15:46 PST) Dec 21, 2022 Ordinance No. 1388 Page 3 EXHIBIT A 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 15.17 Residential Solar PV Permits 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 15.36 Electric Vehicle Charging Stations 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 , Scope and Administration. 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, 2022 Edition, (CBC), as developed by the State of California, based on the 2021 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. 1388 Page 4 15.02.020 Amendments to Chapter 1, Division II, Scope and Administration. A. Amending Section 105.2 Work Exempt from Permit. Building: 2. Fences not over 3 feet 6 inches (1,066.8 mm) high. 4. Retaining walls that are not over 3 feet 6 inches (1,066.8 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 113 Means 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 with in 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 brough t 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 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). Ordinance No. 1388 Page 5 C. 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 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, 2022 Edition (CBC), including Appendix Chapter I, as adopted by the state of California, based on the 2021 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, 2022 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 the California Residential Code 15.06.020 Adoption of Chapter 1, Division II, 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, 2022 Edition (CRC), including Appendix Chapter AH as adopted by the state of California, based on the 2021 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 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. Ordinance No. 1388 Page 6 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, 2022 Edition (CRC), as developed by the state of California, based on the 2021 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 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 (1,066.8 mm) high. 4. Retaining walls that are not over 3 feet 6 inches (1,066.8 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 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 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. Ordinance No. 1388 Page 7 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 violatin g 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 the 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, 2022 Edition (CMC), including Chapter 1, Division II, and Appendix Chapters B, C, and D, as adopted by the State of California, based on the 2021 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. 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. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table 104 -5. Ordinance No. 1388 Page 8 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 15.10.010 Adoption of the California Electrical Code. Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2022 Edition (CEC), as adopted by the state of California, based on the 2020 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 the 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, 2022 Edition (CPC), including Chapter 1, Division II, and Appendices A, B, D, H, I, and J, as adopted by the State of California, based on the 2021 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, 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 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. Ordinance No. 1388 Page 9 B. Deleting last paragraph of Section 104.3.2 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table 104 -5. 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 15.14.010 Adoption of the California Energy Code. That certain document in book form entitled “California Energy Code, Title 24, Part 6, 2022 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. CHAPTER 15.16 SOLAR PV CODE Sections: 15.16.010 Adoption. 15.16.020 Purposes. 15.16.030 Definitions. 15.16.040 Mandatory requirements. 15.16.050 Validity. 15.16.060 Penalties and enforcement. 15.16.010 Adoption. That this chapter 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. Ordinance No. 1388 Page 10 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; to provide a minimum or restrictive enforcement; and to encourage good building. 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. 15.16.040 Mandatory requirements. All buildings covered by this chapter shall include the following mandatory energy measures as applicable and limited to the permitted scope of work: 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 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 one -inch diameter electrical conduit shall be provided for installation of f uture solar PV energy systems. The one-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. Ordinance No. 1388 Page 11 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 it 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. 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 months, or by a fine of up to one thousand dollars, or both. Each day that a violation cont inues shall be deemed a new and separate offense. b) The Building Official shall have the authority to enforce this chapter as specified in 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 15.17 RESIDENTIAL SOLAR PV PERMITS CODE Sections: 15.17.010 Adoption 15.17.020 Purpose 15.17.030 Definitions 15.17.040 Mandatory requirements 15.17.050 Validity Ordinance No. 1388 Page 12 15.17.010 Adoption The ordinance codified in this chapter is hereby adopted by reference as “Residential Solar PV Permits” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions ther eof shall be controlling within the corporate limits of the City of Palm Desert. 15.17.020 Purpose The purpose of this chapter is to provide for an expedited, streamlined solar permitting process that complies with the Solar Rights Act, including Califor nia Civil Code section 714 and California Government Code section 65850.5, as amended, and as outlined in the California Solar Permitting Guidebook. This action provides timely and cost-effective installations of small residential rooftop solar energy sys tems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Palm Desert, and expanding the ability of property owners to install solar energy systems. This chapter allows the City of Palm Desert to achieve these goals while protecting the public health and safety. 15.17.030 Definitions The following words and phrases as used in this chapter are defined as follows: Electronic submittal means the utilization of one or more of the following: 1. E-mail. 2. Internet or jurisdictional permitting software. 3. Facsimile. Small residential rooftop solar energy system means all the following: 1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. 3. A solar energy system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Palm Desert. Ordinance No. 1388 Page 13 Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. 15.17.040 Mandatory requirements Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. As required by Section 65850.5, the small residential rooftop solar energy system permit process to be adopted by the building official, including the standard plan(s), and checklist(s), shall substantially conform to recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. The checklist shall be published on the city’s Internet website. The applicant may submit the permit application and associated documentation to the City’s Permitting Center in person, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. Prior to submitting an application, the applicant shall: A. Verify to the applicant’s reasonable satisfaction and through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and B. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, grounding and bonding wiring, as well as main panel and subpanel sizes, are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; Ordinance No. 1388 Page 14 however, the subsequent inspection need not conform to the requirements of this subsection. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall, in a timely manner, administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provid er’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. A city, county, or city and county shall not condition approval for any solar energy system permit on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code. 15.17.050 Validity The City Council of the City of Palm Desert hereby declares that should 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 it 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. CHAPTER 15.18 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 23 Part 11, Chapters 4 and 5, known as CALGreen, as amended, (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 Ordinance No. 1388 Page 15 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 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, 2022 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, 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 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. (Ord. 1351 § 2, 2019) 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. (Ord. 1351 § 2, 2019) CHAPTER 15.24 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, 2022 Edition, (CEBC), based on the 2021 International Existing Building Code, as Ordinance No. 1388 Page 16 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. CHAPTER 15.26 FIRE CODE Section: 15.26.010 Adoption of the California Fire Code 15.26.060 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 one hundred eighty 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, geologica l, or topographical conditions. D. Riverside County has an arid climate with annual rainfall varying from three inches in Blythe to over thirty-three 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 feet below sea level to mountains over ten thousand 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 Ordinance No. 1388 Page 17 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. 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 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.” 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III 101.4 Severability Administrative 102.5 Application of residential code I, II & III 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.7 and 104.7.1 Liability Administrative 104.13 Authority of the Fire Chief to close hazardous fire areas Administrative 107.2 Schedule of permit fees Administrative 107.7 Cost Recovery Administrative 111.1 Board of Appeals established Administrative 112.4 Violation and Penalties Administrative 202 Fire Chief Administrative 308.1.6.3 Sky Lanterns or similar devices I, II & III 503.2.1 Dimensions Administrative 503.2.2 Authority Administrative 503.6.1 Automatic opener Administrative Ordinance No. 1388 Page 18 503.7 Loading areas and passenger drop-off areas Administrative 507.5.7 Fire hydrant size and outlets I & III Table Continued 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III 507.5.8 Fire hydrant street marker I, II & III 508.1, 508.1.1, 508.1.3 Fire command center I, II & III 509.2.1 Minimum clearances I & III 608.11.1.2 Manual operation II & III 903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II 3204.2.1 Minimum requirements for client leased or occupant owned warehouses Administrative 4904.2.1 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table B105.2 Fire-Flow - Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Hydrant spacing I, II & III Section 2 PURPOSE. The purpose of this chapter is to adopt the 2022 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. Section 3 AUTHORITY. This chapter 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 subsection E of this section, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set forth 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 2022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Sections 103.2 and 111.3 are not adopted, and Chapters 3,25, and Sections 403.11, 503, 510.2, 1103.2 and 5707 are adopted. Section 5 AMENDMENTS TO THE CALIFORNIA FIRE CODE: A. SCOPE OF GENERAL REQUIREMENTS 1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with Ordinance No. 1388 Page 19 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 105.6 of this code shall apply. 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. 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: Ordinance No. 1388 Page 20 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: 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. Sections 104.7 and 104.7.1 are deleted in their entirety and replaced with the following: 104.7 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. 3. A new section 104.13 is added to Section 104 of the California Fire Code to read as follows: 104.13 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 Ordinance No. 1388 Page 21 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. D. FEES 1. Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following: 107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the city of Palm Desert fee schedule. 1. A new Section 107.7 is added to Section 106 of the California Fire Code to read as follows: 107.7 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, 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. E. BOARD OF APPEALS 1. Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following: 111.1 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. Ordinance No. 1388 Page 22 F. VIOLATIONS 1. Violations. Section 110.4 of the California Fire Code is deleted in its entirety and replaced with the following: 112.4 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. G. DEFINITIONS 1. Definition. 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 Chief’s designee. H. OPEN FLAMES 1. Open Flames. 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 to be released a sky lantern or similar device. I. FIRE APPARATUS 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 fo r 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. 1. 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. Ordinance No. 1388 Page 23 1. A new Section 503.6.1 is added to Section 503.6 o f 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. J. FIRE PROTECTION AND 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: 1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet. 2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet. 3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) 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 cou rse of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage. K. Fire Command Center. 1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following: Ordinance No. 1388 Page 24 508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet in area and in Group I-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 as follows: 508.1.3 Size. The fire command center shall be not less tha n 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater. 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). L. 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. M. MECHANICAL REFRIGERATION 1. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following: 608.11.1.2 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. Ordinance No. 1388 Page 25 N. AUTOMATIC FIRE 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 – 903.2.21 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 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: Ordinance No. 1388 Page 26 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. O. DESIGNATION OF HIGH-PILED STORAGE 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 the commodities will be isolated o r 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. P. 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 (VHFHSZ), located in the Local Responsibility Areas (LRA), are designated as shown on the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas. Q. APPENDIX B 1. Table B105.2 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 SPRINKLER SYSTEM Ordinance No. 1388 Page 27 AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2) Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2) Duration in Table B105.1(2) at the 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. R. 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 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. CHAPTER 15.28 ADDRESS NUMBERING Sections: 15.28.010 Rules and regulations for street address numbers 15.28.020 Street address numbers size and height 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 number provisions of this article codified in this chapter. Ordinance No. 1388 Page 28 15.28.020 Street address numbers size and height The City of Palm Desert, Building and Safety Division, shall provide a street addr ess 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 tha t 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. 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 fou r inches in height and of corresponding width. (See Section 15.28.020.) The owner, agent TABLE 15.28.020A Distance From Street to Building Minimum Figure Size Over To Height Width Stroke of Line Building Placement (Maximum Height) 0’ 10’ 6” 2” ½” 8’ 11’ 25’ 6” 2 ¼” ½” 10’ 26’ 35’ 7” 2 ½” ½” 12’ 36’ 45’ 10” 3” ⅝” 14’ 46’ 55’ 10” 3 ½” ¾” 16’ 56’ 65’ 10” 4” ¾” 18’ 66’ 75’ 10” 4 ½” ⅞” 20’ 76’ 85’ 12” 5” 1” 22 86’ 95’ 12” 5 ½” 1 ⅛” 24’ 96’ 200’ 12” 6” 1 ¼” 26’ Ordinance No. 1388 Page 29 or other person shall cause said building to be numbered in accordance with the building official or designee within thirty days. Results of the Building Official’s de cision shall be filed with each address record. Exception: Numbers for single family residences less than thirty feet from the curb to front of building may be a minimum of four inches high by one and one -half 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. 15.28.030 Street address numbers responsibility Every person having ownership, possession, custody, control or charge of any bui lding 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 walkway. 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 containin g appropriate instructions therefor, 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 th e 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 Ordinance No. 1388 Page 30 to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 o f the code of Palm Desert, California. CHAPTER 15.30 CONSTRUCTION SITE SECURITY Sections: 15.30.010 Construction site security 15.30.020 New construction 15.30.030 Requirements to receive a building permit. 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 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 six feet high with a minimum ninety-four percent 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 adequately sized discarded materials containers placed on the site for the depositing of discarded materials. For the purpose of this section, discarded materials shall have the same meaning as in Chapter 8.16, and shall include those substances that may be accumulated as a result of construction activities. D. In accordance with Section 15.18.010 the owner, contractor or responsib le party will meet diversion requirements as specified in Chapters 4 and 5 of the California Green Building Code, 23 CCR, Part 11. Containers, as defined in Chapter 8.16 of this municipal code, shall remain on the construction site until the building insp ector 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. Ordinance No. 1388 Page 31 E. Disposal shall be by transportation to a legally established recovery, processing, or disposal site by the city’s franchise waste hauler 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 noncompliance can be sufficient cause for the revoca tion of the issued building permit. 15.30.020 New construction Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the adequate container space requirements of Section 8.12.030 and applicable required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the container enclosure requirements of Section 8.12.030, the CALGreen requirements shall apply. 15.30.030 Requirements to receive a building permit Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the city manager or their designee of a plan depicting the recyclable materials and/or organic materials collection area or areas for the project. The plan shall comply with the following provisions: A. Location. recyclable materials and/or organic materials collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where solid waste is collected. In no case shall any recyclable materials and/or organic materials collection area be farther from a dwelling unit or structure than the solid waste collection area which serves the same dwelling unit or structure. B. Signage. Collection areas and containers shall be clearly labeled to indicate the type and condition of discarded materials accepted. C. Space Allocation Based on an Approved Recycling Plan. In lieu of having specific collection area space allocation tables or formulas, and to allow maximum flexibility, a recycling plan may be submitted by the applicant which details the recyclable materials and/or organic materials collection system from the individual workstations to the final collection area and/or the size of interim and final collection areas (which must be minimum of one hundred twenty-eight square feet) and type of materials collected. Ordinance No. 1388 Page 32 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 contractor’s tool house, construction office, or similar structure, which is relocated as construction requires, into or within the city withou t 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. Ordinance No. 1388 Page 33 In granting an approval for relocation, the Building Official may impose such terms and conditions as deemed 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 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: A. Is so constructed or is in such condition as to be dangerous. B. Is infested with pests or is unsanitary. C. Is in such condition in the judgment of the building official that it does not admit of practicable and effective repair. D. 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. E. 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 age ncy. Ordinance No. 1388 Page 34 The performance bond required by this section shall: 1. Be in form joint and several. 2. Name the city of Palm Desert as oblige. 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 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 re moval, 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. Ordinance No. 1388 Page 35 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 or her 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 therefor 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 chapter. 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 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: 1. The location and address of the old and new sites. 2. 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. 3. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate. 4. 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 a nd chief of police. 5. A termite inspection report prepared by a legally qualified person. 6. 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. 7. A current photograph showing all four elevations of each structure to be relocated. 8. Such additional information as shall be deemed reasonably necessary by the building official to carry out the intent and purpose of this chapter. Ordinance No. 1388 Page 36 9. That the structure shall comply or be altered to comply with current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and 10. 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 1, 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 1. 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 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 B 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 or her 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. Ordinance No. 1388 Page 37 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 requirement s 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 or her 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 or her successor or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this chapter. 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 or her successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this chapter. CHAPTER 15.34 SAFETY ASSESSMENT PLACARDS 15.34.010 Intent 15.34.020 Application of provisions 15.34.030 Definitions 15.34.040 Placards 15.34.010 Intent This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Buildi ng Official and their authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. Ordinance No. 1388 Page 38 15.34.020 Application of provisions The provisions of this chapter are applicable t o 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 so me 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. 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 d eface a placard unless authorized pursuant to this chapter. Ordinance No. 1388 Page 39 CHAPTER 15.36 ELECTRIC VEHICLE CHARGING STATIONS 15.36.010 Adoption 15.36.020 Purposes 15.36.030 Definitions 15.36.040 Expedited permitting requirements 15.36.050 Permit application process 15.36.060 Technical review 15.36.070 Electric vehicle charging station installation requirements. 15.36.010 Adoption That this chapter is hereby adopted by reference as “The Electric Vehicle Charging Stations” of the city of Palm Desert, and from the date o n 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. 15.36.020 Purposes The purpose of this chapter is to promote and encourage the use of e lectric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7. 15.36.030 Definitions “Electronic submittal” means the utilization of one or more of the following: 1. Electronic mail or email. 2. The Internet. 3. Facsimile. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Ordinance No. 1388 Page 40 15.36.040 Expedited permitting requirements The building official shall implement an expedited, stream lined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug -In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website. 15.36.050 Permit application process A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. B. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist and is consistent with all applicable laws and health and safety standards, the building official shall, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. The building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. 15.36.060 Technical review A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life - safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit. Ordinance No. 1388 Page 41 B. In the technical review of a charging station, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. 15.36.070 Electric vehicle charging station installation requirements. A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Bui lding or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.”