HomeMy WebLinkAboutORD 1023ORDINANCE NO. 1023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN
ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES,
REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN
THOSE CERTAIN CODES ENTITLED, "CALIFORNIA BUILDING CODE,
VOLUMES 1 AND 2; UNIFORM BUILDING CODE, VOLUME 3;
CALIFORNIA PLUMBING CODE; CALIFORNIA ELECTRICAL CODE;
CALIFORNIA MECHANICAL CODE; CALIFORNIA FIRE CODE; THE
MOST RECENT ADOPTED EDITIONS AND ALL FUTURE EDITIONS
AS ADOPTED AND AMENDED BY THE CALIFORNIA BUILDING
STANDARDS COMMISSION".
The City Council of the City of Palm Desert, California DOES HEREBY ORDAIN
as follows:
SECTION 1. BUILDING CODE ADOPTION.
A. That Section 15.04.010 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 15.04.010 — Adoption of Building Code.
Those building codes known as the "Uniform Building Code (UBC)," Volumes 1,
2, and 3, 1997 Edition, together with the 2001 California Amendments,
promulgated and published by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California 90601, the purpose and
subject matter of which, among other things, is to protect the public health and
safety as set out in Section 101.2 of the California Building Code (CBC), are
adopted and enacted as the primary building codes of the City of Palm Desert
and made a part of this Code by reference with the same force and effect as if
fully set forth herein subject to the following amendments, and will be known as
the "Palm Desert Building Code."
B. That Section 15.04.020 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 15.04.020 Amendment to the California Building Code.
CBC Sec. 102.3 MOVED BUILDINGS. The following is hereby added to this
section of the code.
ORDINANCE NO. 1023
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CBC Sec. 102.3 MOVED BUILDINGS. Buildings, structures and their building
service equipment moved into or within this jurisdiction shall comply with the
provisions of the technical codes for new buildings or structures and shall comply
with the requirements of Sec. 15.04.170 of the Palm Desert Municipal Code.
CBC Sec. 103 VIOLATIONS. With the exception of Sections 103.1 and 103.2,
this section of the code is hereby modified and is replaced with the following:
CBC Sec. 103 VIOLATIONS. It shall be unlawful for any person, firm,
corporation, or association to excavate or grade on any property, or to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, demolish,
equip, use, occupy, or maintain any building, structure, or building service
equipment, or cause, or permit the same to be done in violation of this code
and/or any technical codes.
Any person, firm or corporation violating any of the provisions of this Code shall
be deemed guilty of an infraction (or misdemeanor, if so specified) subject to all
the provisions of Chapter 1.12 of the Palm Desert Municipal Code.
CBC Sec. 106.2 WORK EXEMPT FROM PERMIT. Items 2, 5, and 11 of this
section of the code are hereby deleted in their entirety. OM%
CBC Sec. 107.2 PERMIT FEES. This section of the code is hereby deleted in
its entirety and replaced with the following:
CBC Sec. 107.2 PERMIT FEES. Each applicant shall pay a fee for each permit
issued at the time of permit issuance. This is in accordance with the applicable
schedule and at the rate provided by the latest City Council Resolution.
(Ordinance 237 § 4,1980 Resolution No. 81-112).
The determination of value or valuation under any of the provisions of this code
shall be made by the building official. The value to be used in computing the
building permit shall be the total value of all construction work for which the
permit is issued, as well as all finished work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire extinguishing systems and any
other permanent equipment.
CBC Sec. 107.3 PLAN REVIEW FEES. This section of the code is hereby
deleted in its entirety and replaced with the following:
CBC Sec. 107.3 PLAN REVIEW FEES. When submittal documents are required
per Section 106.3.2, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Each applicant shall pay in accordance
with the applicable schedule and at the rate provided by the latest City Council
Resolution. (Ordinance 237 § 4,1980 Resolution No. 81-112).
ORDINANCE NO. 1023
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When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves differed submittal items as defined in
Sec. 106.3.4.2 an additional plan review fee shall be charged.
CBC Sec. 107.5.2 INVESTIGATION FEE. This section of the code is hereby
deleted in its entirety, and replaced with the following:
CBC Sec. 107.5.2 INVESTIGATION FEE. An investigation fee, in addition to the
permit fee, shall be collected whether or not a permit is then or subsequently
issued. The investigation fee shall be equal to the amount of the permit fee
required by this code, but in no event such investigation fee shall exceed the
permit fee plus $1,000. The payment of such investigation fee shall not exempt
any person from compliance with other provisions of this code nor from any
penalty prescribed by law.
CBC Sec. 108.8 REINSPECTIONS. All references to Table 1-A shall be
changed to reference the latest City Council Resolution (Resolution No. 81-112)
CBC CHAPTER 2. DEFINITIONS. The following definitions are hereby added to
these sections of the code.
CBC Sec. 203 BUILDING SERVICE EQUIPMENT refers to the plumbing,
mechanical, electrical, and elevator equipment including piping, wiring, fixtures
and other accessories which provide sanitation, lighting, heating, ventilation,
cooling, refrigeration, firefighting, and transportation facilities essential for the
habitable occupancy of the building or structure for its designated use and
occupancy.
CBC Sec. 221 TECHNICAL CODES refers to those codes adopted by this
jurisdiction containing the provisions for design, construction, alteration, addition,
repair, removal, demolition, use, location, occupancy, and maintenance of all
buildings and structures and building service equipment as herein defined.
C. That Section 15.04.030 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 15.04.030 — Express Findings
In accordance with Health and Safety Code Section 17922.6 in adopting the
ordinances or regulations pursuant to Section 17958, a city or county may make
such changes or modifications in the requirements contained in the provisions
published in the California Building Standards Code and the other regulations
adopted pursuant to Section 17922 as it determines, pursuant to the provisions
of Section 17958.7, are reasonably necessary because of local climatic,
L, geological or topographical conditions.
ORDINANCE NO. 1023
Page 4 of 36
OWN
With the exception of California Building Code Chapters 1, 2, and Appendix
Chapters and for the purpose of this code adoption, there will be no necessary
changes or modifications to the requirements set forth in Chapters 3 through 35 `W`
of the California Building Code, adopted pursuant to Section 17922, contained in
the provisions of the code and regulations on the basis of local conditions.
D. That Section 15.04.040 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
15.04.040 - Amendments to the California Building Code Appendix
California Building Code Appendix Chapters 3, Division IV; Chapter 12 Division II
and IIA; Chapter 15; Chapter 31 Division II and III; Chapter 33 and Chapter 34
are hereby adopted as part of this Code with the following additions and/or
modifications.
CBC Appendix Sec. 3305.1 — GRADING. The following is hereby added to this
section of the Code.
CBC Appendix Sec. 3305.1 GRADING. Refer to Palm Desert Municipal Code,
Title 27 for local requirements in addition to the California Building Code
Appendix Chapter 33.
CBC Appendix Sec. 3308. DEFINITIONS. Section 3308 in the California
Building Code is hereby amended to include the following definition.
BUILDING OFFICIAL. For purposes of enforcement of California Building Code
Appendix, Chapter 33, the term Building Official shall mean the Director of Public
Works.
CBC Appendix Sec. 3310.2. PLAN REVIEW FEES. This section of the Code is
hereby deleted in its entirety and replaced with the following:
CBC Appendix Sec. 3310.2 PLAN REVIEW FEES. For excavation and fill on the
same site, the fee shall be based on the volume of the excavation or fill,
whichever is greater. Before accepting a set of plans and specifications for
checking, the Building Official shall collect a plan -checking fee. Separate permits
and fees shall apply to garden and retaining walls or major drainage structures
as indicated elsewhere in this Code. There shall be no separate charge for
standard terrace drains and similar facilities. The amount of plan -checking fee
for a grading plans shall be as established by resolution of the City Council. The
plan -checking fee for a grading permit authorizing additional work to that under a on"
valid permit shall be the difference between such fees paid of the original permit
and the fee shown for the entire project.
ORDINANCE NO. 1023
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CBC Appendix Sec. 3310.3 This section of the code is deleted in its entirety and
replaced with the following:
CBC Appendix Sec. 3310.3. A fee for each grading permit shall be paid to the
Building Official as established by the latest City Council Resolution. The fee for
a grading permit authorizing additional work to that under a valid permit shall be
the difference between the fee paid for the original permit and the fee shown for
the entire period.
E. That Section 15.04.050 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 15.04.050 - Construction site security.
1. 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.
2. The owner, contractor or responsible party constructing a new building,
addition, alteration, or demolition to an existing building, shall keep the
construction site clean by having an adequately sized debris box container
placed on the site for the depositing of trash and debris. As used in this
section, trash and debris shall include papers, cartons, bottles, cans,
garbage, roofing materials, insulation, plaster, concrete, boards and other
substance that may be accumulated as a result of construction activities.
3. A trash container shall remain on the construction site until the building
inspector has completed the final inspection or has approved the removal
of the container. Said container shall be emptied of its contents on a
regular schedule or as ordered by the building inspector in order to avoid
blowing debris or other public nuisances.
4. Disposal shall be by transportation to a legally established dump site by
the City's refuse contractor, or other person authorized by law to remove
any container from the location where the container was placed by the
person in charge for storage and collection.
5. Refusal to comply with the provisions of this section shall be deemed
guilty of a misdemeanor or infraction and is punishable as stipulated in
Chapter 1.12 of the Palm Desert Municipal Code. The non-compliance
can be sufficient cause for the revocation of the issued building permit.
(Ord. 262 §§ 1, 2, 1981: Ord. 118 § 1 (part), 1976: Exhibit A § 16.2-2.01)
F. That Section 15.04.170 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
ORDINANCE NO. 1023
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owe
Section 15.04.170 - Moved Buildings and Temporary Structures
1. 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 without first
obtaining a permit to do so from the Building Official.
EXCEPTION: Buildings moved to the business premises of a house for
the purpose of temporary storage.
2. 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 CBC Section 106.3. 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 OP"+
inspection and mileage.
3. 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.
In granting an approval for relocation, the Building Official may impose
such terms and conditions as he may deem reasonable and proper,
including time limits for completion of all work, and requirements for
whatever changes, alterations, additions or repairs are necessary to
assure that relocation will not be materially detrimental or injurious to
public health, safety and welfare.
The investigation report shall remain valid for a period of 180 days after
the building or structure has been inspected, after which time a new
investigation and report may be required by the Building Official.
ORDINANCE NO. 1023
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4. 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.
5. SECURITY REQUIRED. The Building Official shall be vested with the
authority to require the applicant for a permit to first post with the Building
Official a performance bond executed by the owner of the premises where
the building or structure is to be located, listing said owner as principal,
and an approved surety company authorized to do business in the state
as surety; a cash bond naming the City of Palm Desert as the payee; or
an assignment of certificates or shares issued by a savings and loan
association doing business in this state and insured by the Federal
Savings and Loan Insurance Corporation. The Building Official may waive
the requirement of security when the owner of the property is a
governmental agency.
The performance bond required by this section shall:
a. Be in form joint and several;
b. Name the City of Palm Desert as obligee;
C. 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.
ORDINANCE NO. 1023
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d. Be in an amount equal to the estimated cost, plus ten (10%)
percent, of the work required to be done in order to comply with all
of the conditions of the relocation permit or shall be in an amount
equal to the cost of demolition and removal, whichever is greater.
Such costs for purposes of the bond shall be as estimated by the
Building Official;
e. State therein the legal description or address of the property to
which the building or structure is to be relocated.
6. CONDITIONS OF SECURITY. Every performance bond, cash bond or
assignment of shares required by this article shall be conditioned as
follows:
a. 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 180 days from the date of issuance
of the permit.
b. 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.
C. 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 conditions of the relocation building
permit.
d. 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.
e. 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.
f. In the event of default in the performance of any term or condition
of the relocation permit, the surety or any person employed or
engaged on its behalf, or the Building Official or any person
employed or engaged on his behalf, may go upon the premises to
ORDINANCE NO.1023
Page 9 of 36
complete the required work or to remove or demolish the building or
structure, and to clear, clean and restore the site.
7. PERMIT ISSUANCE AND FEES. Before any permit is issued for the
relocation, reconstruction or repair of a building or structure a fee therefore
shall be paid to the Building Official in accordance with the
City Council Resolution for building, electrical, plumbing, mechanical,
grading or other permits when applicable. The required permits, together
with the investigation report, shall comprise the "relocation permit" for the
purpose of this section.
The valuation for the purpose of determining the relocation permit fee shall
be based upon the Building Official's estimate of the cost of work
necessary to relocate the structure and to bring into compliance with
conditions listed on the investigation report and permit.
8. GENERAL REQUIREMENTS. The following information shall be filed for
review and subject to the approval of the Building Official prior to the
issuance of the building relocation permit:
The location and address of the old and new sites;
a. 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;
b. Plans and specifications for the proposed improvements at the new
location, including drainage, foundation design and attachment,
structural, geologic and soil engineering as appropriate;
c. The definition of the route of travel for the structure to be moved. The
time and route shall be subject to the approval of the City Engineer,
Fire Chief and Chief of Police;
d. A termite inspection report prepared by a legally qualified person;
e. 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;
f. A current photograph showing all four elevations of each structure to
be relocated;
ORDINANCE NO. 1023
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g. Such additional information as shall be deemed reasonably
necessary by the Building Official to carry out the intent and purpose
of this chapter;
h. That the structure shall comply or be altered to comply with current
building, electrical, comfort heating, and air conditioning and
plumbing code requirements; and
The vacated site shall be cleaned and restored to a safe and sightly
condition, including the removal of abandoned foundation systems.
9. EXPIRATION OF PERMITS. Permits for the relocation, reconstruction and
repair or a building or structure shall be null and void in accordance with
the provisions of CBC Section 106.4.4 if the building or structure is not
relocated to the proposed site and/or the required work commenced within
180 consecutive calendar days of the date of issuance of such permits.
10. PROCEDURE UPON DEFAULT.
a. 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,
(i) 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
(ii) 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 11 b of this section.
ORDINANCE NO. 1023
Page 11 of 36
b. CASH BOND. When a cash bond has been posted the Building
Official shall give notice of default to the principal in the manner set
forth above. Should the principal fail to comply with requirements within
the specified time period, the Building Official at his own discretion may
proceed without delay and without further notice or proceeding to use
the cash deposit or any portion thereof to cause the required work to
be completed by contract or otherwise.
c. ASSIGNMENT OF SHARES. When an assignment of shares has been
posted the Building Official shall give notice of default to the principal in
the manner set forth above. Should the principal fail to comply with
requirements within the specified time period, the Building Official may
request payment of the assigned certificates or share or any portion
thereof by the savings and loan association and at his own discretion
the Building Official may proceed without delay and without further
notice or proceeding to use such assets to cause the required work to
be completed by contractor or otherwise.
11. RELEASE OF SECURITY.
a. PEFORMANCE 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.
b. CASH BOND. When a cash bond has been posted and all
requirements of the relocation permit have been completed, the
Building Official shall return the cash to the depositor, or to his
successor or assigns, except any portion thereof that may have been
used, cashed or deducted as provided elsewhere in this Section.
c. 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 successors or
assigns, except any portion thereof that may have been used, cashed
or deducted as provided elsewhere in this section.
G. That section 15.04.200 of the Code of the City of Palm Desert, California, has
been added to read as follows:
ORDINANCE NO. 1023
Page 12 of 36
Section 15.04.200 - Copies of codes for public review
FILING WITH THE BULDING OFFICIAL. One certified copy of this Code and of
each of the codes adopted by reference herein is on file in the office of the
Building Official, and all such certified copies of the codes shall be kept at the
office for public review while this Code is in force.
ORDINANCE NO. 1023
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SECTION 2. FIRE PROTECTION AND PREVENTION ADOPTION.
A. That Section 16.02.010 of the Code of the City of Palm Desert, California, is
hereby deleted in its entirety.
ORDINANCE NO. 1023
Page 14 of 36
SECTION 3. PLUMBING CODE ADOPTION.
A. That Section 17.01.010 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 17.01.010 —Adoption of Plumbing Code.
The building code known as the "Uniform Plumbing Code (UPC)," 2000 Edition,
published by the International Association of Plumbing and Mechanical Officials
(IAPMO), 20001 E. Walnut Drive South, Walnut, California 91789-2825, the
purpose and subject matter of which, among other things, is to protect the public
health and safety as set out in Section 101.2 of the California Plumbing Code
(CPC), are adopted and enacted as the primary plumbing codes of the City and
made a part of this Code by reference with the same force and effect as if fully
set forth herein subject to the following amendments, and will be known as the
"Palm Desert Plumbing Code."
B. That Section 17.01.020 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 17.01.020 Amendment to the California Plumbing Code.
The California Plumbing Code is amended as follows:
Chapter 17.01.020, Sections 103.1.4 and 103.1.5 of Palm Desert Municipal
Code are hereby deleted in its entirety.
CPC Sec. 103.4 FEES. All references to Table 1-1 of the California Plumbing
Code shall be changed to reference the latest City Council Resolution
(Resolution No. 81-112)
CPC Sec. 103.4.1 PERMIT FEES. This section of the code is hereby deleted in
its entirety and replaced with the following:
CPC Sec. 103.4.1 PERMIT FEES. Each applicant shall pay a fee for each
permit issued at the time of permit issuance. This is in accordance with the
applicable schedule and at the rate provided by the latest City Council
Resolution. (Ordinance 237 § 4,1980; Resolution No. 81-112)
CPC Sec. 103.4.2 PLAN REVIEW FEES. This section of the code is hereby
deleted in its entirety and replaced with the following:
0
a"
CPC Sec. 103.4.2 PLAN REVIEW FEES. When submittal documents are
required per Section 103.2.2, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review. Each applicant shall pay in %No
ORDINANCE NO. 1023
Page 15 of 36
accordance with the applicable schedule and at the rate provided by the latest
City Council Resolution. (Ordinance 237 § 4,1980; Resolution No. 81-112)
When submittal documents are incomplete or changed so as to require additional
plan review, an additional plan review fee shall be charged.
C. That Section 17.01.030 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 17.01.030 — Express Findings
In accordance with Health and Safety Code Section 17922.6 in adopting the
ordinances or regulations pursuant to Section 17958, a city or county may make
such changes or modifications in the requirements contained in the provisions
published in the California Building Standards Code and the other regulations
adopted pursuant to Section 17922 as it determines, pursuant to the provisions
of Section 17958.7, are reasonably necessary because of local climatic,
geological or topographical conditions.
With the exception of the California Plumbing Codes Chapters 1, 2, and
Appendix Chapters and for the purpose of this code adoption, there will be no
necessary changes or modifications to the requirements set forth in Chapters 3
through 16 of the California Plumbing Code, adopted pursuant to Section 17922,
contained in the provisions of the code and regulations on the basis of local
conditions.
D. That Section 17.01.040 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 17.01.040 — Amendments to California Plumbing Code Appendix
All chapters of the California Plumbing Code Appendix are hereby adopted and
shall be part of the City of Palm Desert Municipal Code.
E. That Section 17.01.200 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 17.01.200 - Copies of codes for public review
FILING WITH THE BUILDING OFFICIAL. One certified copy of this Code
and of each of the codes adopted by reference herein is on file in the office
of the Building Official, and all such certified copies of the codes shall be
kept at the office for public inspection while this Code is in force.
ORDINANCE NO. 1023
Page 16 of 36
SECTION 4. MECHANICAL CODE ADOPTION.
A. That Section 18.04.010 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 18.04.010 —Adoption of Mechanical Code.
The building code known as the "Uniform Mechanical Code (UMC)," 2000
Edition, published by the International Association of Plumbing and Mechanical
Officials (IAPMO), 20001 E. Walnut Drive South, Walnut, California 91789-2825,
the purpose and subject matter of which, among other things, is to protect the
public health and safety as set out in Section 102 of the California Mechanical
Code (CMC), are adopted and enacted as the primary mechanical codes of the
City and made a part of this Code by reference with the same force and effect as
if fully set forth herein subject to the following amendments, and will be known as
the "Palm Desert Mechanical Code."
B. That Section 18.04.020 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 18.04.020 Amendment to the California Mechanical Code.
The California Mechanical Code is amended as follows:
Chapter 18.04.020, Sections 18.04.030 and 18.04.040 of Palm Desert Municipal
Code are hereby deleted in its entirety.
CMC Sec. 115.0 FEES. All references to Table 1-1 of the California Mechanical
Code shall be changed to reference the latest City Council Resolution
(Resolution No. 81-112)
CMC Sec. 115.2 PERMIT FEES. This section of the code is hereby deleted in
its entirety and replaced with the following:
CMC Sec. 115.2 PERMIT FEES. Each applicant shall pay a fee for each permit
issued at the time of permit issuance. This is in accordance with the applicable
schedule and at the rate provided by the latest City Council Resolution.
(Ordinance 237 § 4,1980; Resolution No. 81-112)
CMC Sec. 115.3 PLAN REVIEW FEES. This section of the code is hereby
deleted in its entirety and replaced with the following:
ORDINANCE NO. 1023
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CMC Sec. 115.3 PLAN REVIEW FEES. When submittal documents are required
per Section 112.1, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Each applicant shall pay in accordance
with the applicable schedule and at the rate provided by the latest City Council
Resolution. (Ordinance 237 § 4,1980; Resolution No. 81-112)
When submittal documents are incomplete or changed so as to require additional
plan review, an additional plan review fee shall be charged.
C. That Section 18.04.030 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 18.04.030 — Express Findings
In accordance with Health and Safety Code Sec. 17922.6 in adopting the
ordinances or regulations pursuant to Section 17958, a city or county may make
such changes or modifications in the requirements contained in the provisions
published in the California Building Standards Code and the other regulations
adopted pursuant to Section 17922 as it determines, pursuant to the provisions
of Section 17958.7, are reasonably necessary because of local climatic,
geological or topographical conditions.
With the exception of California Mechanical Code Chapters 1, 2, and Appendix
Chapters and for the purpose of this code adoption, there will be no necessary
changes or modifications to the requirements set forth in Chapters 3 through 16
of the California Mechanical Code, adopted pursuant to Section 17922,
contained in the provisions of the code and regulations on the basis of local
conditions.
D. That Section 18.04.040 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 18.04.040 — Amendments to California Mechanical Code Appendix
All chapters of the California Mechanical Code Appendix are hereby adopted and
shall be part of the City of Palm Desert Municipal Code.
E. That Section 18.04.200 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 18.04.200 - Copies of codes for public review
FILING WITH THE BUILDING OFFICIAL. One certified copy of this Code and of
each of the codes adopted by reference herein is on file in the office of the
Building Official, and all such certified copies of the codes shall be kept at the
office for public inspection while this Code is in force.
ORDINANCE NO. 1023
Page 18 of 36
SECTION 5. UNIFORM SIGN CODE.
A. That Section 20.01 of the Code of the City of Palm Desert, California, is hereby
deleted in its entirety. This section will be reserved for future use.
ORDINANCE NO. 1023
Page 19 of 36
SECTION 6. ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS.
A. That Section 21.04.010 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 21.04.010 — Adoption of Uniform Code for the Abatement of Dangerous
Buildings.
Those building codes known as the "Uniform Building Code (UBC)," Volumes 1,
2, and 3, 1997 Edition, together with the 2001 California Amendments,
promulgated and published by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California 90601, the purpose and
subject matter of which, among other things, is to protect the public health and
safety as set out in Section 102 of the Uniform Code for the Abatement of
Dangerous Buildings, are adopted and enacted as the primary building codes of
the City of Palm Desert and made a part of this Code by reference with the same
force and effect as if fully set forth herein subject to the following amendments,
and will be known as the "Palm Desert Abatement of Dangerous Buildings
Code."
B. That Section 21.04.020 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 21.04.020. Adoption of Uniform Housing Code Abatement of
Substandard Dwellings.
The rules, regulations, provisions and conditions set forth in that certain code,
entitled the Uniform Housing Code latest edition (1997), therein contained,
promulgated and published by the International Conference of Building Officials,
are referred to, and by this reference expressly incorporated as Title 21 of the
Palm Desert Municipal Code. For all intents and purposes as though set forth at
length, this section shall be established and adopted as the rules, regulations,
provisions and conditions to be observed and followed for the protection of public
health, safety and general welfare of the occupants and the general public as set
out in Section 102 of the Uniform Housing Code. It is the purpose of this code to
provide minimum standards for safety and life, and to regulate and control the
use and occupancy, location and maintenance of all dwellings within the city.
This section is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited
by the terms of this code. Therefore this section is hereby established and
adopted, and shall be known and referred to as the "Palm Desert Housing Code".
ORDINANCE NO. 1023
Page 20 of 36
C. That Section 21.04.030 of the Code of the City of Palm Desert, California, is
hereby deleted in its entirety.
D. That Section 21.04.040 of the Code of the City of Palm Desert, California, is
hereby deleted in its entirety.
E. That Section 21.04.050 of the Code of the City of Palm Desert, California, is
hereby deleted in its entirety.
F. That Section 21.04.060 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 21.04.060. Violation.
It shall be unlawful for any person, firm, corporation, or association to excavate or
grade on any property, or to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy, or maintain any
building, structure, or building service equipment, or cause, or permit the same to
be done in violation of this code and/or any technical codes.
Any person, firm or corporation violating any of the provisions of this Code shall
be deemed guilty of an infraction (or misdemeanor, if so specified) subject to all •"ft
the provisions of Chapter 1.12 of the Palm Desert Municipal Code.
G. That Section 21.04.200 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 21.04.200. Copies of Codes for Public Review.
FILING WITH THE BUILDING OFFICIAL. One certified copy of this Code and of
each of the codes adopted by reference herein is on file in the office of the
Building Official, and all such certified copies of the codes shall be kept at the
office for public inspection while this Code is in force.
ORDINANCE NO. 1023
Page 21 of 36
SECTION 7. ELECTRICAL CODE ADOPTION.
A. That Section 22.01.010 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 22.01.010 —Adoption of Electrical Code.
That electrical code known as the "National Electrical Code," 1996 Edition, and
Appendices A, B and C promulgated and published by the National Fire
Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269, the
purpose and subject matter of which, among other things, is to provide minimum
standards for the installation, maintenance, and use of electrical wiring and
electrical apparatus in order to safeguard persons and property from electrical
hazards, as set out in this Ordinance and the California Electrical Code (CEC), is
adopted and enacted as the primary electrical code of the City and made a part
of this code by reference with the same force and effect as if fully set forth herein
subject to the following amendments, and will be known as the "Palm Desert
Electrical Code."
B. That Section 22.01.020 of the Code of the City of Palm Desert, California, is
hereby amended to read as follows:
Section 22.01.020 Amendment to the California Electrical Code.
The California Electrical Code is amended as follows:
1. ARTICLE. 089-50 APPLICATION TO EXISTING ELECTRICAL SYSTEMS
AND EQUIPMENT
ART.089-50.1 ADDITIONS, ALTERATIONS OR REPAIRS. Additions,
alterations or repairs may be made to an electrical system and equipment
without requiring the existing electrical system and equipment to comply
with all the requirements of this code, provided the addition, alteration or
repair conforms to that required for a new electrical system and equipment
and provided further that no hazard to life, health or safety will be created
by such additions, alterations or repairs.
Additions or alterations shall not be made to an existing electrical system
or equipment which will cause the existing electrical system or equipment
to be in violation of the provisions of this code nor shall such additions or
alterations cause the existing electrical system or equipment to become
unsafe. An unsafe condition shall be deemed to have been created if an
addition or alteration will create a fire hazard, will reduce required fire
resistance, will cause the electrical system or equipment to become
overloaded or exceed their rated capacities, will create a health hazard or
will otherwise create conditions dangerous to human life.
ORDINANCE NO. 1023
Page 22 of 36
Minor additions, alterations and repairs to existing electrical system and
equipment may be made in accordance with the law in effect at the time
the original installation was made, when approved by the Building Official.
ART. 089-50.2 EXISTING INSTALLATIONS. Electrical systems and
equipment lawfully in existence at the time of the adoption of this code
may have their use, maintenance or repair continued if the use,
maintenance or repair is in accordance with the original design and a
hazard to life, health or property has not been created by such electrical
system and equipment.
ART.089-50.3 CHANGES IN BUILDING OCCUPANCY. Electrical systems
and equipment which are a part of any building or structure undergoing a
change in use or occupancy, as defined in the Building Code, shall comply
with the requirements of this code which are applicable to the new use or
occupancy.
ART.089-50.4. MAINTENANCE. All electrical systems and equipment,
both existing and new, and all parts thereof shall be maintained in a
proper operating condition in accordance with the original design and in a
safe and hazard -free condition. All devices or safeguards which are
required by this code shall be maintained in conformance with this code.
The owner or designated agent shall be responsible for the maintenance
of the electrical system and equipment. To determine compliance with this
section, the Building Official may cause an electrical system to be
reinspected.
ART.089-50.5 MOVED BUILDINGS. Electrical systems and equipment
which are a part of buildings or structures moved into or within this
jurisdiction shall comply with the provisions of this code for new
installations.
2. ARTICLE 089-51 DEFINITIONS
ART.089-51.1 GENERAL. For the purpose of these provisions, certain
terms, phrases, words and their derivatives shall be construed as
specified in this section. Where terms are not defined, they shall have their
ordinarily accepted meanings within the context with which they are used.
Webster's Third New International Dictionary of the English Language,
Unabridged, latest copyright, shall be considered as providing ordinarily
accepted meanings. Words used in the singular include the plural and the
plural the singular. Words used in the masculine gender include the
feminine and the feminine the masculine.
ORDINANCE NO. 1023
Page 23 of 36
APPROVED, as to materials, equipment and method of construction,
refers to approval by the Building Official as the result of investigation and
tests conducted by the Building Official, or by reason of accepted
principles or tests by recognized authorities, technical or scientific
organizations.
APPROVED AGENCY is an established and recognized agency regularly
engaged in conducting tests or furnishing inspection services, when the
agency has been approved by the Building Official.
BUILDING CODE is the California Building Code promulgated by the
International Conference of Building Officials, as adopted by this
jurisdiction.
BUILDING OFFICIAL is the officer or other designated authority charged
with the administration and enforcement of this code, or a duly authorized
representative.
CHIEF ELECTRICAL INSPECTOR shall be the person providing expertise
for the Building Official in the area of electrical regulations.
CODE ENFORCEMENT AGENCY is the department, division or agency
of this jurisdiction charged with the function of code enforcement and shall
be under the administration and operational control of the Building Official.
ELECTRICAL CODE is the California Electrical Code promulgated by the
National Fire Protection Association, as adopted by this jurisdiction.
FIREWALL is the same as an area separation wall as used in the Building
Code.
LISTED and LISTING are terms referring to equipment and materials
which are shown in a list published by an approved testing agency,
qualified and equipped for experimental testing and maintaining an
adequate periodic inspection of current productions and which listing
states that the material or equipment complies with accepted national
standards which are approved or standards which have been evaluated
for conformity with approved standards.
MULTIPLE OCCUPANCY BUILDING is a building having more than one
tenant and may be of single or mixed -use groups as classified by the
building code.
OCCUPANCY is the purpose for which a building, or part thereof, is used
or intended to be used.
ORDINANCE NO. 1023
Page 24 of 36
3. ART. 089-52 CONFLICTING PROVISIONS. When, in any specific case,
different sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall govern.
4. ART. 089-53 ALTERNATE MATERIALS, METHODS OF DESIGN AND
METHODS OF CONSTRUCTION. The provisions of this code are not
intended to prevent the use of any material, method of design or method
of construction not specifically prescribed by this code, provided an
alternate has been approved and its use authorized by the Building
Official.
The Building Official may approve an alternate, provided the Building
Official finds that the proposed design is satisfactory and complies with the
provisions of this code and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in this
code in suitability, strength, effectiveness, fire resistance, durability and
safety.
The Building Official shall require that sufficient evidence or proof be
submitted to substantiate claims that may be made regarding its use. The
details of an action granting approval of an alternate shall be recorded and
entered in the files of the code enforcement agency. .sin,
SEC. 106. MODIFICATIONS. Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Building Official
may grant modifications for individual cases. The Building Official shall
first find that a special individual reason makes the strict letter of this code
impractical and the modification is in conformity with the intent and
purpose of this code, and that such modification does not lessen health,
life and fire -safety requirements. The details of actions granting
modifications shall be recorded and entered in the files of the code
enforcement agency.
5. ART. 089-54 TESTS. Whenever there is insufficient evidence of
compliance with the provisions of this code or evidence that materials or
construction do not conform to the requirements of this code, the Building
Official may require tests as evidence of compliance to be made at no
expense to this jurisdiction.
Test methods shall be as specified by this code or by other recognized
test standards. In the absence of recognized and accepted test methods,
the Building Official shall determine test procedures. All tests shall be
made by an approved agency. Reports of such tests shall be retained by am
the Building Official for the period required for the retention of public
records.
ORDINANCE NO. 1023
Page 25 of 36
6. ARTICLE 089-55 POWERS AND DUTIES OF BUILDING OFFICIAL
ART. 089-55.1 GENERAL. The Building Official is hereby authorized and
h" directed to enforce all the provisions of this code. For such purposes, the
Building Official shall have the powers of a law enforcement officer. The
Building Official shall have the power to render interpretations of this code
and to adopt and enforce rules and regulations supplemental to this code
as may be deemed necessary in order to clarify the application of the
provisions of this code. Such interpretations, rules and regulations shall be
in conformity with the intent and purpose of this code.
ART. 089-55.2 DEPUTIES. In accordance with prescribed procedures and
with the approval of the appointing authority, the Building Official may
appoint a Electrical Inspector and other related technical officers and
inspectors and other employees as shall be authorized from time to time.
ART. 089-55.3 RIGHT OF ENTRY. When necessary to make an
inspection to enforce any of the provisions of this code, or when the
Building Official has reasonable cause to believe that there exists in any
building or upon a premises a condition, which is contrary to or in violation
of this code, which makes the building or premises unsafe, dangerous or
hazardous, the Building Official may enter the building or premises at all
reasonable times to inspect or to perform the duties imposed by this code,
provided that if such building or premises be occupied, that credentials be
presented to the occupant and entry requested. If such building or
premises be unoccupied, the Building Official shall first make a reasonable
effort to locate the owner or other persons having charge or control of the
building or premises and request entry. Should entry be refused, the
Building Official shall have recourse to the remedies provided by law to
secure entry.
ART. 089-55.4 STOP ORDERS. When work is being done contrary to the
provisions of this code, the Building Official may order the work stopped
by notice in writing served on persons engaged in the doing or causing
such work to be done, and such persons shall forthwith stop such work
until authorized by the Building Official to proceed with the work.
ART. 089-55.5 AUTHORITY TO DISCONNECT UTILITIES. The Building
Official or the Building Official's authorized representative shall have the
authority to disconnect a utility service or energy supplied to the building,
structure or building service equipment therein regulated by this code or
the technical codes in case of emergency where necessary to eliminate an
immediate hazard to life or property. The Building Official shall whenever
possible notify the serving utility, the owner and occupant of the building,
structure or building service equipment of the decision to disconnect prior
to taking such action, and shall notify such serving utility, owner and
ORDINANCE NO. 1023
Page 26 of 36
occupant of the building, structure or building service equipment, in
writing, of such disconnection immediately thereafter.
ART. 089-55.6 AUTHORITY TO CONDEMN BUILDING SERVICE
EQUIPMENT. When the Building Official ascertains that building service
equipment regulated in the technical codes has become hazardous to life,
health or property, or has become unsanitary, the Building Official shall
order in writing that such equipment either be removed or restored to a
safe or sanitary condition, as appropriate. The written notice itself shall fix
a time limit for compliance with such order. Defective building service
equipment shall not be maintained after receiving such notice.
When such equipment or installation is to be disconnected, a written
notice of such disconnection and causes therefore shall be given within 24
hours to the serving utility, the owner and occupant of such building,
structure or premises.
When any building service equipment is maintained in violation of the
technical codes and in violation of a notice issued pursuant to the
provisions of this section, the Building Official shall institute appropriate
action to prevent, restrain, correct or abate the violation.
ART. 089-55.7 CONNECTION AFTER ORDER TO DISCONNECT.
Persons shall not make connections from an energy, fuel or power supply
nor supply energy or fuel to building service equipment which has been
disconnected or ordered to be disconnected by the Building Official or the
use of which has been ordered to be discontinued by the Building Official
until the Building Official authorizes the reconnection and use of such
equipment.
ART. 089-55.8 LIABILITY. The Building Official charged with the
enforcement of this code and the technical codes, acting in good faith and
without malice in the discharge of his duties, shall not thereby be rendered
personally liable for damage that may accrue to persons or property as a
result of an act or omission in the discharge of the assigned duties. A suit
brought against the Building Official or employee because of such act or
omission performed by the Building Official or employee in the
enforcement of the provisions of such codes or other pertinent laws or
ordinances implemented through the enforcement of this code or enforced
by the code enforcement agency shall be defended by this jurisdiction until
final termination of such proceedings, and any judgment resulting there
from shall be assumed by this jurisdiction.
This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating or controlling a building,
structure or building service equipment therein for damages to persons or
ORDINANCE NO. 1023
Page 27 of 36
property caused by defects, nor shall the code enforcement agency or its
parent jurisdiction be held as assuming such liability by reason of the
inspections authorized by this code or permits or certificates issued under
this code.
ART. 089-55.9 COOPERATION OF OTHER OFFICIALS AND
OFFICERS. The Building Official may request, and shall receive, the
assistance and cooperation of other officials of this jurisdiction so far as is
required in the discharge of the duties required by this code or other
pertinent laws or ordinances.
7. ART. 089-56 UNSAFE ELECTRICAL SYSTEMS OR EQUIPMENT.
Electrical systems or equipment regulated by this code which are unsafe,
or which constitute a fire hazard, or are otherwise dangerous to human life
are, for the purpose of this section, unsafe. Use of electrical systems or
equipment regulated by this code constituting a hazard to safety, health or
public welfare by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster damage or abandonment is, for the
purpose of this section, an unsafe use.
Unsafe electrical systems or equipment are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set forth in the Uniform Code
for the Abatement of Dangerous Buildings or such alternate procedure as
may be adopted by this jurisdiction. As an alternative, the Building Official
or other employee or official of this jurisdiction as designated by the
governing body may institute other appropriate action to prevent, restrain,
correct or abate the violation.
8. ARTICLE 089-57 BOARD OF APPEALS
ART. 089-57.1 GENERAL. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official relative to the
application and interpretations of this code, there shall be and is hereby
created a board of appeals consisting of members who are qualified by
experience and training to pass upon matters pertaining to electrical
systems and equipment and who are not employees of the jurisdiction.
The Building Official shall be an ex officio member and shall act as
secretary to said board but shall have no vote upon any matter before the
board. The board of appeals shall be appointed by the governing body
and shall hold office at its pleasure. The board shall adopt rules of
procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building
Official.
ORDINANCE NO. 1023
Page 28 of 36
ART. 089-57.2 LIMITATIONS OF AUTHORITY. The board of appeals
shall have no authority relative to interpretation of the administrative
provisions of this code nor shall the board be empowered to waive
requirements of this code.
9. ART. 089-58 VIOLATIONS. It shall be unlawful for a person, firm or
corporation to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any electrical
system or equipment or cause or permit the same to be done in violation
of this code.
10. ART. 089-59 PERMITS.
ART. 089-59.1 PERMITS. Except as specified in this Section, no electrical
system regulated by this code shall be installed, altered, repaired,
replaced or remodeled unless a separate electrical permit for each
building, structure, system or equipment has first been obtained from the
Building Official.
ART. 089-59.2 EXEMPT WORK. An electrical permit shall not be required
for the following:
am
a. Portable motors or other portable appliances energized by means
of a cord or cable having an attachment plug end to be connected %ago
to an approved receptacle when that cord or cable is permitted by
this code.
b. Repair or replacement of fixed motors, transformers or fixed
approved appliances of the same type and rating in the same
location.
C. Temporary decorative lighting.
d. Repair or replacement of current -carrying parts of any switch,
contact or control device.
e. Reinstallation of attachment plug receptacles, but not the outlets.
f. Repair or replacement of any over current device of the required
capacity in the same location.
g. Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
h. Taping joints.
ORDINANCE NO. 1023
Page 29 of 36
Removal of electrical wiring.
Temporary wiring for experimental purposes in suitable
experimental laboratories.
k. The wiring for temporary theater, motion picture or television stage
sets.
Electrical wiring, devices, appliances, apparatus or equipment
operating at less than 25 volts and not capable of supplying more
than 50 watts of energy.
M. Low -energy power, control and signal circuits of Class H and Class
IH as defined in this code.
n. A permit shall not be required for the installation, alteration or repair
of electrical wiring, apparatus or equipment or the generation,
transmission, distribution or metering of electrical energy or in the
operation of signals or the transmission of intelligence by a public
or private utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this code shall not be
deemed to grant authorization for any work to be done in violation
of the provisions of this code or any other laws or ordinances of this
jurisdiction.
11. ARTICLE 089-60 APPLICATION FOR PERMIT
ART. 089-60.1 APPLICATION. To obtain a permit, the applicant shall first
file an application in writing on a form furnished by the code enforcement
agency for that purpose. Every such application shall:
a. Identify and describe the work to be covered by the permit for which
application is made.
b. Describe the land on which the proposed work is to be done by
legal description, street address or similar description that will
readily identify and definitely locate the proposed building or work.
C. Indicate the use or occupancy for which the proposed work is
intended.
d. Be accompanied by plans, diagrams, computations and
specifications and other data as required in this section.
ORDINANCE NO. 1023
Page 30 of 36
e. Be signed by applicant or the applicant's authorized agent.
f. Provide such other data and information as may be required
by the Building Official.
ART. 089-60.2 SUBMITTAL DOCUMENTS. Plans, specifications,
engineering calculations, diagrams and other data shall constitute the
submittal documents and shall be submitted in one or more sets with each
application for a permit. The Building Official may require plans,
computations and specifications to be prepared and designed by an
engineer or architect licensed by the state to practice as such even if not
required by state law.
EXCEPTION: The Building Official may waive the submission of plans,
calculations, etc., if it is found that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with
this code.
SEC. 302.3 INFORMATION ON PLANS AND SPECIFICATIONS. Plans
and specifications shall be drawn to scale upon substantial paper or cloth
and shall be of sufficient clarity to indicate the location, nature and extent
of the work proposed and show in detail that it will conform to the
provisions of this code and all relevant laws, ordinances, rules and
regulations.
Plans for buildings more than two stories in height of other than Groups R,
Division 3 and U Occupancies shall indicate how required structural and
fire resistive integrity will be maintained where a penetration will be made
for electrical and communication conduits, pipes and similar systems.
12. ARTICLE 089-61 PERMITS ISSUANCE
ART. 089-61.1 ISSUANCE. The application, plans, specifications,
computations and other data, filed by an applicant for permit shall be
reviewed by the Building Official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable
laws under their jurisdiction. If the Building Official finds that the work
described in an application for a permit and the plans, specifications and
other data filed therewith conform to the requirements of this code and
other pertinent laws and ordinances, and that the fees specified in this
section have been paid, the Building Official shall issue a permit to the
applicant.
When a permit is issued when plans are required, the Building Official
shall endorse in writing or stamp the plans and specifications
APPROVED. Such approved plans and specifications shall not be
ORDINANCE NO. 1023
Page 31 of 36
changed, modified or altered without authorizations from the Building
Official, and all work regulated by this code shall be done in accordance
with the approved plans.
The Building Official may issue a permit for the construction of part of an
electrical system before the entire plans and specifications for the whole
system have been submitted or approved, provided adequate information
and detailed statements have been filed complying with all pertinent
requirements of this code. The holder of a partial permit shall proceed
without assurance that the permit for the entire building, structure or
building service will be granted.
ART. 089-61.2 RETENTION OF PLANS. One set of approved plans,
specifications and computations shall be retained by the Building Official
for a period of not less than 90 days from the date of completion of the
work covered therein; and one set of approved plans and specifications
shall be returned to the applicant and shall be kept on the site of the
building or work at all times during which the work authorized thereby is in
progress.
ART. 089-61.3 VALIDITY OF PERMIT. The issuance of a permit or
approval of plans, specifications and computations shall not be construed
to be a permit for, or an approval of, any violation of any of the provisions
of this code, or of any other ordinance of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code
or other ordinances of the jurisdiction shall not be valid.
The issuance of a permit based upon plans, specifications and other data
shall not prevent the Building Official from thereafter requiring the
correction of errors in said plans, specifications and other data, or from
preventing building operations being carried on there under when in
violation of these codes or of any other ordinances of this jurisdiction.
ART. 089-61.4 EXPIRATION. Every permit issued by the Building Official
under the provisions of this code shall expire by limitation and become null
and void, if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit, or if the building
or work authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of 180 days. Before such work
can be recommenced, a new permit shall be first obtained to do so, and
the fee therefore shall be one half the amount required for a new permit
for such work, provided no changes have been made or will be made in
the original plans and specifications for such work; and provided further
that such suspension or abandonment has not exceeded one year. In
order to renew action on a permit after expiration, the permittee shall pay
a new full permit fee.
ORDINANCE NO. 1023
Page 32 of 36
A permittee holding a valid permit may apply for an extension of the time
within which work may commence under that permit when the permittee
is unable to commence work within the time required by this section for
good and satisfactory reasons. The Building Official may extend the time
for action by the permittee for a period not exceeding 180 days upon
written request by the permittee showing that circumstances beyond the
control of the permittee have prevented action front being taken. Permits
shall not be extended more than once.
ART. 089-61.5 SUSPENSION OR REVOCATION. The Building Official
may, in writing, suspend or revoke a permit issued under the provisions
of this code when the permit is issued in error or on the basis of incorrect
information supplied, or in violation of an ordinance or regulation or the
provisions of this code.
13. ARTICLE 089-62 FEES
ART. 089-62.1 PERMIT FEES. Each applicant shall pay a fee for each
permit issued at the time of permit issuance. This is in accordance with
the applicable schedule and at the rate provided by the latest City Council
Resolution. (Ordinance 237 § 4,1980; Resolution No. 81-112)
The determination of value or valuation under any of the provisions of this
Code shall be made by the Building Official. The value to be used in
computing the electrical permit and electrical plan review fees shall be the
total value of all construction work for which the permit is issued.
ART. 089-62.2 PLAN REVIEW FEES. When submittal documents are
required, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Each applicant shall pay in
accordance with the applicable schedule and at the rate provided by the
latest City Council Resolution. (Ordinance 237 § 4,1980; Resolution No.
81-112)
When submittal documents are incomplete or changed so as to require
additional plan review, an additional plan review fee shall be charged.
ART. 089-62.3 EXPIRATION OF PLAN REVIEW. Applications for which
no permit is issued within 180 days following the date of application shall
expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the Building
Official. The Building Official may extend the time for action by the
applicant for a period not exceeding 180 days on written request by the
applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. An application shall not be
ORDINANCE NO. 1023
Page 33 of 36
extended more than once. An application shall not be extended if this
code or any other pertinent laws or ordinances have been amended
subsequent to the date of application. In order to renew action on an
application after expiration, the applicant shall resubmit plans and pay a
new plan review fee.
ART. 089-62.4. INVESTIGATION FEES. Whenever work for which a
permit is required by this code has been commenced without first
obtaining a permit, a special investigation shall be made before a permit
may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequently issued. The investigation
fee shall be equal to the amount of the permit fee required by this code.
The minimum investigation fee shall be the same as the minimum permit
fee, but in no event shall such investigation fee exceed the permit fee plus
$1,000.00. The payment of such investigation fee shall not exempt any
person from compliance with other provisions of this code nor from any
penalty prescribed by law.
ART. 089-62.5 FEE REFUNDS. The Building Official may authorize the
refunding of a fee paid hereunder, which was erroneously paid or
collected. The Building Official may authorize the refunding of not more
than 80 percent of the permit fee paid when no work has been done under
a permit issued in accordance with this code. The Building Official may
authorize the refunding of not more than 80 percent of the plan review fee
paid when an application for a permit for which a plan review fee has been
paid is withdrawn or canceled before any examination time has been
expended. The Building Official shall not authorize the refunding of any
fee paid except on written application filed by the original permittee not
later than 180 days after the date of fee payment.
14. ARTICLE 089-63 INSPECTIONS
ART. 089-63.1 GENERAL. All electrical systems and equipment for which
a permit is required shall be subject to inspection by the Building Official,
and the electrical system shall remain accessible and exposed for
inspection purposes until approved by the Building Official.
Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of this code or of other ordinances
of the jurisdiction. Inspections presuming to give authority to violate or
cancel provisions of this code or of other ordinances of the jurisdiction
shall not be valid.
ORDINANCE NO. 1023
Page 34 of 36
It shall be the duty of the permit applicant to cause the electrical system to
remain accessible and exposed for inspection purposes. Neither the
Building Official nor the jurisdiction shall be liable for the expense entailed
in the removal or replacement of any material required to permit
inspection. When the installation of an electrical system and equipment is
complete, an additional and final inspection shall be made. Electrical
systems and equipment regulated by this code shall not be connected to
the energy source until authorized by the Building Official.
ART. 089-63.2 INSPECTION REQUESTS. It shall be the duty of the
person doing the work authorized by a permit to notify the Building Official
that such work is ready for inspection. The Building Official may require
that every request for inspection be filed at least one working day before
such inspection is desired. Such request may be in writing or by telephone
at the option of the Building Official. It shall be the duty of the person
requesting any inspections required by this code to provide access to and
means for inspection of such work.
ART. 089-63.3 OPERATION OF ELECTRICAL EQUIPMENT. The
requirements of this section shall not be construed to prohibit the
operation of any electrical system or equipment installed to replace
existing equipment. The request for inspection of such equipment must
have been filed with the Building Official not more than 48 hours after such
replacement work is completed and before any portion of such electrical
system is concealed by any permanent portion of the building.
ART. 089-63.4 OTHER INSPECTIONS. In addition to the called
inspections required by this code, the Building Official may make or
require other inspections of any work to ascertain compliance with the
provisions of this code and other laws, which are enforced by the code
enforcement agency.
ART. 089-63.5 REINSPECTIONS. A reinspection fee may be assessed
for each inspection or reinspection when such portion of work for which
inspection is called is not complete or when corrections called for are not
made. This section is not to be interpreted as requiring reinspection fees
the first time a job is rejected for failure to comply with the requirements of
this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or reinspection. Reinspection fees may
be assessed when the approved plans are not readily available to the
inspector, for failure to provide access on the date for which inspection is
requested, or for deviating from plans requiring the approval of the
Building Official. To obtain a reinspection, the applicant shall file an
application in writing upon a form furnished for that purpose, and pay the
reinspection fee in accordance with the latest City Council Resolution
(Resolution No. 81-112). In instances where reinspection fees have been
ORDINANCE NO. 1023
Page 35 of 36
assessed, additional inspection of the work will not be performed until the
required fees have been paid.
15. ARTICLE 089-64 CONNECTION TO UTILITIES
ART. 089-64.1 ENERGY CONNECTIONS. Persons shall not make
connections from a source of energy or power to electrical systems or
equipment, which is regulated by this code and for which a permit is
required until approved by the Building Official.
ART. 089-64.2 TEMPORARY WIRING. For the purpose of this section
temporary wiring shall be defined as temporary electrical power and
lighting installations permitted during the period of construction,
remodeling, maintenance, repair, or demolition of buildings, structures,
equipment, or similar activities. Temporary wiring shall be removed
immediately upon completion of construction or purpose for which the
wiring was installed. The main service of a building or occupancy, shall not
be energized for this purpose.
ART. 089-64.3 CONDITIONAL ELECTRICAL SERVICE CONNECTION. A
request for Conditional Electrical Service Connection can be obtained
from the Building and Safety Department by completing a Conditional
Electrical Service Connection form. If the request for Conditional Electrical
Service Connection is for a multi -metered building or occupancy, a
separate form must be submitted for each legal address requested.
Request for Conditional Electrical Service Connections must submitted to
the Building and Safety Department for review and approval five (5)
working days prior to requested release date.
In the event that there are any conflicts among any of the noted codes, the
most restrictive code will govern.
C. That Section 22.01.070 of the Code of the City of Palm Desert, California, has
been deleted in its entirety and replaced with the following:
Section 22.01.070 — Express Findings
In accordance with Health and Safety Code Sec. 17922.6 in adopting the
ordinances or regulations pursuant to Section 17958, a city or county may make
such changes or modifications in the requirements contained in the provisions
published in the California Building Standards Code and the other regulations
adopted pursuant to Section 17922 as it determines, pursuant to the provisions
of Section 17958.7, are reasonably necessary because of local climatic,
geological or topographical conditions.
ORDINANCE NO. 1023
Page 36 of 36
For the purpose of this code adoption, there will be no necessary changes or
modifications to the requirements set forth in Chapters 1 through 9 of the
California Electrical Code, adopted pursuant to Section 17922, contained in the
provisions of the code and regulations on the basis of local conditions.
D. That Section 22.01.080 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 22.01.080 — Amendments to California Electrical Code Appendix
All chapters of the California Electrical Code Appendix are hereby adopted and
shall be part of the City of Palm Desert Municipal Code.
E. That Section 22.01.200 of the Code of the City of Palm Desert, California, has
been added and is hereby amended to read as follows:
Section 22.01.200 - Copies of codes for public review
FILING WITH THE BUILDING OFFICIAL. One certified copy of this Code and of
each of the codes adopted by reference herein is on file in the office of the
Building Official, and all such certified copies of the codes shall be kept at the
office for public inspection while this Code is in force.
PASSED, APPROVED and ADOPTED by the Palm Desert City Council this
i orb day of nctnhPr , 2002, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
S
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ORDINANCE NO. 1023
lily of PHIM 01HPI
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PnLni Di:sEiz-r, CALIFORNIA 92 26C_>57R
TEL: 760 346—o6i i
FAX: -60 ;41-7098
intnw palm-deserr.urg
September 17, 2002
Ed Kibbey
Executive Director
Building Industry Association
77570 Springfield Lane, Ste. E
Palm Desert, CA 92211
Dear Mr. Kibbey:
Attached is a copy of the proposed ordinance to adopt amendments to the 2001
California Building, Plumbing, Mechanical, and Electrical Codes for your review and
comments. This ordinance will be presented to the City of Palm Desert Council on
Thursday, September 26, 2002 for first reading. If you have any comments we need to
receive them back before the second reading on October 10 2002. If you do not
respond, we will consider that you are in agreement with all prepared amendments.
The State of California requires that the enforcement of the 2001 California Building,
Plumbing, Mechanical, and Electrical Codes be effective on November 1, 2002;
however the City Ordinance local amendments will not be effective until November 10,
2002, as required by law.
Thank you in advance for your interest and response to our request for comments.
Sincerely,
Amir (Ali) Hamidzadeh
Acting Director of Building and Safety
AAH:mc _
Enclosure
cc:
G:\BIdgSfty\Amir Ham idzadeh\Letters\CodeCommentsKibbey.doc
Exhibit A
ORDINANCE NO. 1023
CIiV OF P8[M O[�[,�T
Ftzen WARIyG Dizivt_
PAl.at DF;Fizr, CALIFORMA k)220,�-25-8
TEL: -6o 146—o61 i
FAX: —0-- i4I----gs
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September 17, 2002
Susie Harvey, President/CEO
Palm Desert Chamber of Commerce
73710 Fred Waring Drive, Ste. 114
Palm Desert, CA 92260
Dear Ms. Harvey:
Attached is a copy of the proposed ordinance to adopt amendments to the 2001
CalifOr i ttia Building, Plurnul ing, rviechanicai, and Electrical Codes for your review and
comments. This ordinance will be presented to the City of Palm Desert Council on
Thursday, September 26, 2002 for first reading. If you have any comments we need to
receive them back before the second reading on October 10 2002. If you do not
respond, we will consider that you are in agreement with all prepared amendments.
The State of California requires that the enforcement of the 2001 California Building,
Plumbing, Mechanical, and Electrical Codes be effective on November 1, 2002;
however the City Ordinance local amendments will not be effective until November 10,
2002, as required by law.
Thank you in advance for your interest and response to our request for comments.
Sincerely,
Amir (Ali) Hamidzadeh
Acting Director of Building and Safety
AAH:mc
Enclosure
cc:
G:\BIdgSfty\Amir Ham idzadeh\Letters\CodeCommentsKib bey .doc a"%
Exhibit B