Loading...
HomeMy WebLinkAboutORD 100ORDINANCE NO. 100 All *KhtNANCR OF TRK C17Y OF PALM DESERT, CWFORNIA RSTABLIBHING CHAPTER 15 OF THE MHICIPAL CODA AS TIM ADMINISTRATIVE COOK OF Ift DUILDINC & SAT M DIV1rin11 OF THE UNPARTHENT OF MWIROMENTAL SERVICES. "a City Council of the City of Palm Desert, Calfiornia, r cozo 11URBY ORTIAIN as follows: SECTION 1. That Chapter 15 of the Pain Desert Municipal Code be and the some is hereby adopted as outlined in Exhibit A attached. SECTION 2. VIOLATIONS. Any person. firm or corporation violating any of the provisions, regulations. requirements. additions, amendments and/or deletions of this Code shall be deemed guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Ordinance No. 57 of the City of Palm Desert. SECTION 3. PRESERVATION OF HEALTH, WELFARE AND SAFETY. That this City Council does hereby find that the adoption of this Code with the additions, amendments, deletions and changes thereto. are necessary for the preservation of health, welfare and safety. and is in accordance with Section 17958.7 of the Health & Safety Code of the State of California, and that a copy of this Ordinance shall be forwarded by the City Clerk to the Director of Housing & Community Development of the State of California. SECTION 4. EFFECTIVE DATE. That this Ordinance shall -take effect and be in full force and virtue at midnight, thirty (30) days from and after the data of the adoption thereof. SECTION S. REPEAL OF ORDINANCES. That Ordinance No. 64 and all amendments thereto, and all ordinances or parts of ordinances in conflict with this Ordinance, are hereby repealed. SECTION 6. CITY CLMIS %,Z TIFICATION,. The City Clerk of the City of Pals Desert, California, is hereby directed to souse this Ordinance to be published once within fifteen (11) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in full fares and offset thirty (30) days after adoption. J .(� A ;>.. PAM, ArPROMI and ADOPM this ,%W day of `~ allutrsM,�,�,r�"y,.iM # by the City Council of the City of Pala Desert. California. by the following votet ABM, DMON, DRn8R, McPHUMN St CI ARK 1101t8 t None ' AD81�ltT: Nor* LUAAW. pTTESTt RRFY .46 ItMR City of Pals Desert. Calfiornia fir• NttM 15.1 UKRAL PROVISIONS 15.1.1 Intent end ►.Mse The pro�ritiens of this Chapter shall apply to the administration of all toles by the Administrative Authority that are applicable to all new construction, relocation, alteration, repair, reimodel, reconstruction and modification of any structure or appurtenances or portion thereof, and shell include any and all components, phases, operations, trades and sub -trades that are necessary to d ish and complete the above. 15.1-2 Definitions 15.14.01 Administrative Office The Building i Safety Division of the Department of Environmental Services. 15.1-2.02 Administrative Authority The Building Official or his authorized representative. 15.1-2.03 Assistant A deputy Inspector and/or a Representative of the Building Official. iS.1-2.04 Board of Appeals A quasi-judicial bod appointed and serving within the limitations and capacities established by Palm Desert Ordinances. 15.1-3 Responsibilities and Liabilities 15.1-3.01 Administrator and Duly Appointed Representatives The Administrator and his Deputy or Representative shall be charged with the enforcement of all codes, shall act in good faith and without malice for the City in discharging his duties: shall not hereby render himself liable personally. Said person is hereby relieved from all personal liability as a result of any act of omission in the discharge of his duties. Any suit brought forth upon the Administrator or his i duly appointed Representative, because of such act or omission per- formed by him in the enforcement of any provision of this Code, shell be defended by the Legal Department of the City until final termination of proceedings. The Adiministrative Authority, Deputy or Representative may request, and shell receive aid to far as may be necessary in discharge of his duties and the assistance and cooperation of other Divisions of the Daparhent of Environmental Services and other departments of the City. 16.1-3.02 Wnistrative Authority's Specific Responsibilities The office of the Administrative Authority and his representative shall be a part of the Building i Safety Division of the Department of Environmental Services of the City and will maintain public i6.1 (1) °- . i Witt boon to efficiently administer the provisions of all wstwctiora codes and perform the following duties% (1) Require submission of, examine and check plans. specifications. drawings, descriptions, end/.or diagrams, necessary to show clearly the character, kind and extent of work covered by applications for permits and upon approval thereof shall issue the permit applied for. (2) Deep a permanent accurate account of all fees for permits Issued and other monies collected and received as provided by this Code, the names of the persons upon whose account the same were paid, the date and amount thereof. together with the location or premises to which they relate. (3) Administer and enforce the provisions of all Codes In a tanner consistent with the intent thereof and shall inspect all construction and installations, authorized by any permit, to assure compliance with the provisions of this and all Palm Desert Codes, and minimum State Standards. or of the additions and amendments thereto, approving or rejecting said work in whole or in part as conditions require. (4) Issue upon request a Certificate of Approval for any work approved by him. (5) Reject and condemn all work done or being done, or materials used or being used which do not in all respects comply with the provisions of all Codes and the additions and amendments thereto. (6) Order changes in design, workmanship and/or materials essential to obtain compliance with all provisions of all Palm Desert Codes and minimum State Standards. (7) Investigate any construction or work regulated by this Code and issue such notices and orders as deemed necessary. . (8) Keep a complete record of all the essential trans- actions of his office. Transfer all fees collected by his to the proper authority provided by law to receive suqh funds. (9) flaintain an official register of all persons, firms or corporations lawfully entitled to carry on or engage in the business of construction or any phase (10) or portion thereof. Declare to be a nuisance any portion of a structure or Installation found to be unsafe or improperly built or installed. (11) 1Aa Administrative Authority is hereby directed and authorized to enforce the provisions of this Code and shalt have for such purposes the powers of police officers. 15.1-3.03 light of Entry Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative.has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in Section 203 of this Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the some or to perform any duty imposed upon the Building Official, by this Code; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shalt first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized rep- resentative shall have recourse to every remedy provided by law to secure entry. "Authorized Representative" shall include the officers named in Section 202(a) and (b) of this Code. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. Any person violating this Subsection shall be guilty of a misdemeanor. 15.1-3.04 Role and Responsibilities of the Board of Appeals The Board shall hear, review and render decisions on appeals from the interpretation of the Building Official involving suitability of alternate materials and methods of construction, and make interpretations within the limitations prescribed by law. Decisions of the Board shall be final unless appealed to the City Council within five (5) working days of official notification. All fiodings of the Board shall be transmitted to the City Council through the City Staff for informational purposes. Ileeg ondations for legislative changes may be made by the Board based upon appeals heard by the Board. Such recommendations shall relate directly to an appeal, and be consistent therewith. The Board shall not take responsibility or authority beyond that specifically established in this Ordinance. 15.1-4 on TM Admhinistrative Code shall be used in and applied to ell construction of any type including trades and sub-tredes, without 16.1 (3) C. Nl exes�tioe, and subject only to those *xewtions given 1n a par- ' Na1ar trade or situation as :pacified in any ordinance pertaining F; to the responsibilities of the Building i Safety Division. yt X 15.1 (4) . ARTICLE 15.! PERMtT PROCEDURES 15.2-1 Required Permits No person, firm or corporation shill erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the City, or repair, replace, relocate, install or add any equipment, appliance, fixture or facility in, on or to any building or structure without first obtaining a permit to do such work, from the Administrative Authority, unless specifically exempted. (1) A separate permit shall be obtained for each building or structure or location. (2) NO person shall allow any other person to do or cause to be done any work under a permit secured by a permit - tee except persons in his employ. lr,.2-2 To Whom Permits May be Issued No permit shall be issued to any person, firm or corporation to cause to be done any.work regulated by this Code except to a person holding a valid, unexpired and unrevoked contractor's City business license, as required by Ordinance No. 60 of Palm Desert Municipal Code, except as otherwise hereinafter provided for in this section. 15.2-2.01 dial Owner's Permit The Administrative Authority may issue to an individual a special owner's permit (a qualifying examination may be required) authorizing such individual to do construction or install equipment in or on buildings or premises used exclusively for a single family residence, of which such individual is the legal owner and in which such residence he resides or intends to reside: provided, however, no work authorized under such special owner's permit shall be done, nor shall the owner holding any such permit allow any such work to be done, except personally by himself or a member of his household, or uncompensated outside labor. If this or an other provision of this section shall be violated by the lZing of such special owner's permit, such permit shall be subject to immediate cancellation and the holder of such permit shall be liable to the penalty provided for violations of this Code. 15.2-3 Exhibits Required 15.2-3.01 AVlicallon for Permit Any person legally entitled to apply.for and receive a permit shall make such application on forms provided for that purpose. sc He shall give a deription of the character of the work 15.2 (1) a71 t �C'4 ptoposN to be Hone and the location, ownership, occupancy f aed use othe presses to connection therewith. 11.2-3.02 plan Reauiremrents r e-Adainistrative Authority my require the submission of tans, specifications, drawings, schematics and/or other laf , tion as he may deems necessary prior to commencement of, and at any time during the progress, of any work regula- ted by tA1s Code. If the Administrative Authority determines that the plans, specifications, drawings, descriptions or information furnished bar the applicant is in compliance with all Palo Desert Codes, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. 15.2-3.03 Validity The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of Palm Desert Codes. No permit presumed to give authority to violate or cancel the provisions of the Pala Desert Code shall be valid, except insofar as the work or use which it authorized is lawful. 1S.2-3.04 Correction Notices the issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requir- ing the correction of errors in said plans and specifications or from preventing installation operations, being carried on there- under, when in violation of this Code or any other Ordinance or from revoking any certificate of approval when issued in error. 16.2-3.05 Expirations Every permit issued by the Administrative Authority under the provisions of the Palm Desert Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained so to do. 15.2-3.06 Cancellation If no portion of the work or installation covered by a permit has been commenced, the person to whoa such permit has been issued my deliver such permit to the Administrative Office with a request that such permit be canceled and fees refunded. The Administrative Authority shall thereupon stamp or write 16.! M f 1. the face of wch permit the words 'Canceled at the Request of the PeWOW , and such permit shall become null and void 1 end of oo effect. Refund shall be 75% of permit paid, with 25x retained to cowr administrative expense. Plantees check fees woold have been earned and thus not be refundable. 15.2-3.07 QmeMMZ Fermi is Permits for emergency or other similar installations may be ' formal requested nntto followewi�thinistrative seventy-twot(72)thwith ours, commencing from the time of notification. i ARTICLE 15.3 ALMHATE MATERIALS AND METHODS 16.3-1 Approwl of Alternate Materials and Methods of Construction The provisions of this Code are not intended to prevent the use of any alternate material or method of construction pro- vided arnr such alternate has been first approved and its use authorised by the Administrative Authority. 15.3-1.01 Existing Situations In existing buildings or premises which are to be altered, repaired or renovated, the Administrative Authority has dis- cretionary powers to permit deviation from the provisions of this Code, provided that such a proposal to deviate is first submitted for proper determination in order that health and safety requirements shall be observed. 15.3-1.02 Special Conditions Design and materials for special conditions or materials not previously approved may be used only by special permission of the Administrative Authority after he has satisfied himself as to their adequacy. 15.3-1.03 Administrative Authority Discretion The Administrative Authority may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the intent of this Code and thr• material offered is for the purpose intended, at least the equ!valent of that previously approved. in quality, strength, effectiveness, durability and safety or that the meths;;; of instAilation pro- posed conform to other acceptable nationally recognized standards. 15.3-1.04 Submittal Requirements The Administrative Authority shall require that sufficient evidence or proof be submitted to substantiate any claims that my be made regarding the sufficiency of any proposed material or type of construction. When there is insufficient evidence to substantiate claims for alternates, the Administrative Authority may require tests, as proof of compliance, to be mode by an approved testing agency at the expense of the applicant. Tests shell be made in accordance with approved standards, but in the absence of such standards, the Administrative Authority shall specify the test Procedure. The Administrative Authority may require tests to w mode or repeated if, at any time,'there is reason to believe that any material or device no longer conforms to the require- ments on which its approval was based. 15.3 (1) ARTICLE 19.4 SPECIAL PROVISIONS 111.4-1 RevuireA Infor" tlon Every applicant for a permit to do work regulated by any Palmy Desert Code shall state in writing on the application forty, provided for that purpose, the character of work pro- posed to be done and the amount and kind in connection there- with, together with such Information pertinent thereto as may be required. 1S.4-2 Fees Each applicant shall pay for each permit issued at the time of issuance a fee in accordance with the applicable schedule and at the rate provided for. + 1S.4-2.01 Late Penalty Any person who shall commence any work for which a permit is required by Code, without first having obtained a permit to do so shall pay double the permit fee, fixed by the appro- priate section for such work, provided, however, that this provision shall not apply to emergency work when it shalt be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commence- ment of the work. In all such cases, a permit must be obtained 'as soon as it is practical to do so and if there be an unrea- sonable delay in obtaining such permit, a double fee as herein provided for shall be charged. 1S.4-2.02 Investigation Fee Mhenever any work for which a permit is required, under the provisions of this Code, has been Commenced and/or completed without the authorization of such permit, the Administrative Authority may deem it necessary to require a special investi- getion prior to issuance of a permit, therefore the applicant shall pay an investigation fee as outlined in the 'Schedule of fees,. The payment of the investigation fee shall not exempt any person from payment of the permit fee and from compliance with the provisions of this Code nor from any other penalty prescribed. 16.4-3 Mork to be Inspected, Notification, Stop Work Order, Corrections, Connections, Permission to Cover Mork and Relnsoeetions All construction installations, or work shall be inspected by the Administrative Authority or his Representative to insure eoWlience with all the requirements of this Code. 19.4 (1) G W 1S.4-3.01 Ins tion Requests It %bell be the duty of the person doing the work authorized by the permit to notify the Administrative Authority orally or In writing that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work s to be inspected. 1S.4-3.02 Cancellation Notices 1henever any work is being done contrary to the provisions of this Code, the Administrative Authority or his Represen- tative may order the work to be stopped by a Notice in writing to be served on any person engorged in the work or causing such work to be done and any person shall forthwith stop such work until authorized by the Administrative Authority to proceed with such work. Where such work, on any premises, is ordered stopped, there shall also be posted upon the premises a notice of 'Stop Work Order', indicating the nature of the violation. Any violation of the Stop Work Order, and/or removal of such notice, shall be guilty of a misdemeanor. (1) It shall be the duty of the person performing the work authorized by the permit, to make sure all work is completed in compliance with this Code before requesting inspection. If corrections or defects are noted, they shall be corrected within ten (10) days after the initial inspection or within such reasonable times as permitted by the Administra- tive Authority. Failure to comply shall be sufficient cause for the refusal to issue any further permits to such permittee until the corrections have been made. (2) The issuance of a permit upon plans and specifications shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans or specifications, or from preventing installa- tions or construction being carried on thereunder when in violation of this Code or of any other pertinent Palm Desert Ordinance or from revoking any certificate of approval when issued in error. 15.4 (2)