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HomeMy WebLinkAboutORD 1097ORDINANCE NO. 1097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN CALIFORNIA ELECTRICAL 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. 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," 2002 Edition, and Annex Sections A through F 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 2004 California Electrical Code (CEC), is adopted in its entirety 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: ARTICLE 80.15 BOARD OF APPEALS (A) 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 building, electrical systems and ORDINANCE NO. 1097 Page 2 of 5 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. (B) 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. 2. ARTICLE 89.7(6) 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. 3. ARTICLE 89.7(8) FEES AND PLAN REVIEW (A) 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 approved City Council Resolution. When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. (B) 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 approved City Council Resolution. (C) 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. This investigation fee shall be collected in addition to the permit fee. This 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 ORDINANCE NO. 1097 Page 3 of 5 person from compliance with other provisions of this code nor from any penalty prescribed by law. 4. ARTICLE 89.7(8b) PLAN REVIEW AND TIME LIMITATIONS. 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 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. 5. ARTICLE 100 DEFINITIONS ARTICLE 100.10 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. 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 Code Council (ICC), 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. ORDINANCE NO. 1097 Page 4 of 5 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. C. That Section 22.01.070 of the Code of the City of Palm Desert, California, has been added and is hereby amended to read as follows: Section 22.01.070 — Express Findings Except as provided in 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. 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. ORDINANCE NO. 1097 Page 5 of 5 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 Annex Sections All chapters of the California Electrical Code Annex Sections 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. Section 2: The City Clerk of the city of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25th day of August, 2005, by the following vote to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: