Loading...
HomeMy WebLinkAboutORD 1217ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS WHEREAS, The Department of Building and Safety recommends that changes and modifications be made to the California Codes and are advising that certain changes and modifications to the 2010 Edition of the California Building and Fire Codes are reasonably necessary due to local conditions in the City of Palm Desert. Extreme temperatures, high winds, and the city's physical relationship to known active earthquake faults are some of the local conditions necessitating the modifications to the adopted codes. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes, or are reasonably necessary to safeguard life and property within the City of Palm Desert. FINDINGS, The City Council finds that the requirements set forth in this title are reasonable and necessary modifications because of climatic and geological conditions within the City of Palm Desert. The "Findings of Need" contained herein address each of these conditions and present the local situations which cause the established amendments to be adopted. A. The community experiences frequent low humidity, summer temperatures exceeding 1000 Fahrenheit, and severe Santa Ana winds reaching gusts of 90 miles per hour. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread because of the climate and vegetation. B. The community periodically experiences drought and a resultant limited water supply. The limited rainfall and storage capacities, and continued consumption demands require sound management of water resources and conservation where possible. There is a need for changes and modifications in the California Building and Plumbing Code, which will contribute to water conservation and water for suppression of large fires. C. The community is located in an area of continuing seismic activity. Existing and planned development is at risk from damage and fire because of this activity. D. These modifications require sprinkler systems in buildings at occupancy levels lower than those stipulated in the California Building Code. The active earthquake fault system located near this community possesses the capability of initiating a disaster that would quickly overrun the fire department's current resources. Providing additional built-in fire protection for the buildings allows more fires to be automatically extinguished without fire department assistance if a major earthquake were to occur. Also, with extreme surface a temperature common in the lower desert areas, one hundred Sixty (160) degrees Fahrenheit plus, deteriorate and dries out building materials and our high winds create extreme fire conditions which are detrimental to the general public. ORDINANCE NO. 1217 NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: Section 1 That Ordinance No. 1173, 1202 and 1203 and all amendments thereto, and all other ordinances, or parts of ordinances in conflict therewith, be and the same are hereby repealed. Section 2 That Title 15, Building and Construction, is hereby the Code of the City of Palm Desert to read as follows: TITLE 15 BUILDING AND CONSTRUCTION Chapters: 15.02 Administration 15.04 Building Code 15.06 Residential Code 15.08 Mechanical Code 15.10 Electrical Code 15.12 Plumbing Code 15.14 Energy Code 15.16 Solar PV Code 15.18 Green Building Code 15.20 Historical Code 15.22 Housing Code 15.24 Existing Building Code 15.26 Fire Code 15.28 Address Numbering 15.30 Construction Site Security 15.32 Moved Buildings and Temporary Structures 15.34 Safety Assessment Placards CHAPTER 15.02 ADMINISTRATION Sections: 15.02.010 Adoption of Chapter 1, Division II, of the California Building Code 15.02.020 Amendments to Chapter 1, Division II, of the Calffomia Building Code 15.02.010 Adoption of Chapter 1, Division Il, of the California Building Code Except as provided in this chapter, the certain building code known and designated as the California Building Code, Title 24, Part 2, 2010 Edition, (CBC), as developed by the State of California, based on the 2009 International Building Code as published by the International Code Council, shall become the administrative provisions of the City of Palm Desert for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the City. The California Building Code and its adopted appendices and amendments will be on file for public examination in the offices of the Building Official. ORDINANCE NO. 1217 15.02.020 Amendments to Chapter 1, Division II, Scope and Administration A. Deleting Section 101.4 B. Amending Section 105.2 Work exempt from permit Building: 2. Fences not over 2 feet (610 mm) high. 4. Retaining walls that are not over 2 feet (610 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. C. Amending Section 113 Board of Appeals 113.1 General. For all occupancies not provided for under the authority provided in the California Building Code (CBC) Section 1.8.8.1, an appeals board shall be created, and the appeals board shall be applicable for all buildings and structures within the City of Palm Desert. 113.2 Definition The following terms shall, for the purpose of this section, have the meaning shown. Accessible Appeals Board. The board of the city which is authorized by the governing body of the city to hear appeals brought by any person regarding action taken by the building department of the city in enforcement of the authority to grant exceptions to the standards and specifications contained in California Health and Safety Code section 19957. (Note: The establishment of this board is pursuant to Health and Safety Code 19957.5) 113.3 Appeals Board Defined. The Housing Appeals Board, Accessible Appeals Board, and the Local Appeals Board shall, for the purposes of this code, may be one in the same and shall be referred to herein throughout this code as the Appeals Board. 113.4 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have the authority to waive requirements of this code. 113.5 Qualifications. In addition to the qualifications established in CBC Section 1.8.8.1, at least two members shall be physically disabled, if the Appeals Board is to hear appeals relating to accessibility issues pursuant to CBC Section 1.9.1.5 (Special conditions for persons with disabilities requiring appeals action ratification; Pursuant to Health and Safety Code 19957.5) ORDINANCE NO. 1217 D. Amending Section 114 Violations 114.4 Violation penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code. CHAPTER 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Enforcement 15.04.010 Adoption of California Building Code Except as provided in this chapter, those certain building codes known and designated as the California Building Code, Title 24, Part 2, 2010 Edition, (CBC), including Appendix Chapters , C and I, as adopted by the State of California, based on the 2009 International Building Code as published by the International Code Council, except as amended herein, shall become the "Building Code" of the City of Palm Desert for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The California Building Code, 2010 Edition, and its adopted appendices and amendments will be on file for public examination in the offices of the Building Official. 15.04.020 Amendments to the California Building Code The California Building Code, 2010 Edition, is hereby adopted with no amendments. 15.04.030 Enforcement [Pursuant to California Building Code, Section 1.11.2.1.1 Item# 1] The delegated enforcement official responsible for the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R, Division 3 Dwellings shall be the Building Official. ORDINANCE NO. 1217 CHAPTER 15.06 RESIDENTIAL CODE Sections: 15.06.010 Adoption of California Residential Code 15.06.020 Amendments to the California Residential Code 15.06.010 Adoption of the California Residential Code Except as provided in this chapter, the California Residential Code, Title 24, Part 2.5, 2010 Edition, (CRC), including Appendix Chapters H, as adopted by the State of California, based on the 2009 International Residential Code as published by the International Code Council (ICC), shall be and become the "Residential Code" of the City of Palm Desert, regulating construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one -and two-family dwelling, townhouse not more than three stories above grade within the City. The California Residential Code will be on file for public examination in the office of the Building Official. 15.06.020 Amendments to the California Residential Code A. Amending Section R105.2 Work exempt from permit Building: 2. Fences not over 2 feet (610 mm) high. 3. Retaining walls that are not over 2 feet (610 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. CHAPTER 15.08 MECHANICAL CODE Sections: 15.08.010 Adoption of California Mechanical Code 15.08.020 Amendments to the California Mechanical Code 15.08.010 Adoption of the California Mechanical Code Except as provided in this chapter, the California Mechanical Code, Title 24, Part 4, 2010 Edition, (CIVIC), including Chapter 1, Division II, and Appendix Chapters A, B, C, and D as adopted by the State of California, based on the 2009 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the "Mechanical Code" of the City of Palm Desert, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration ORDINANCE NO. 1217 systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official. 15.08.020 Amendments to the California Mechanical Code A. Amending Section 115.2 Permit Fees. 115.2 Permit fees. On buildings, structures, mechanical systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the scheduled as established by the applicable governing authority. B. Deleting last paragraph of Section 115.3 Plan Review Fees. C. Amending Section 116.6 Reinspections. Third paragraph of section 116.6 of the California Mechanical Code is amended to read as follows: To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. CHAPTER 15.10 ELECTRICAL CODE Sections: 15.10.010 Adoption of California Electrical Code 15.10.020 Amendments to the California Electrical Code 15.10.010 Adoption of the California Electrical Code Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2010 Edition, (CEC), including Annex Chapters A, B, C, D, E, F, and G as adopted by the State of California, based on the 2008 National Electrical Code as published by the National Fire Protection Association (NFPA), shall become the "Electrical Code" of the City of Palm Desert, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official. ORDINANCE NO. 1217 15.10.020 Amendments to the California Electrical Code The California Electrical Code, 2010 Edition, is hereby adopted with no amendments. CHAPTER 15.12 PLUMBING CODE Sections: 15.12.010 Adoption of California Plumbing Code 15.12.020 Amendments to the California Plumbing Code 15.12.010 Adoption of the California Plumbing Code Except as provided in this chapter, the California Plumbing Code, Title 24, Part 5, 2010 Edition, (CPC), including Chapter 1, Division II, and Appendix A, B, D, G, I and K as adopted by the State of California, based on the 2009 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the "Plumbing Code" of the City of Palm Desert, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official. 15.12.020 Amendments to the California Plumbing Code A. Amending Section 103.4.1 Permit Fees. 103.4.1 Permit fees. On buildings, structures, plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the scheduled as established by the applicable governing authority. B. Deleting last paragraph of Section 103.4.2 Plan Review Fees. C. Amending Section 103.5.6 Reinspections. Fourth paragraph of section 103.5.6 of the California Plumbing Code is amended to read as follows: To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. ORDINANCE NO. 1217 CHAPTER 15.14 ENERGY CODE Sections: 15.14.010 Adoption of California Energy Code 15.14.020 Amendments to the California Energy Code 15.14.010 Adoption of the California Energy Code That certain document in book form entitled "California Energy Code, Title 24, Part 6, 2010 Edition," including the appendices thereof, as approved and copyrighted by the "California Building Standards Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833, prescribing regulations governing the building envelope, space -conditioning system, water -heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair within the City, is hereby adopted by reference as the "Energy Code" of the City of Palm Desert. The California Energy Code will be on file for public examination in the office of the Building Official. 15.14.020 Amendments to the California Energy Code The California Energy Code, 2010 Edition, is hereby adopted with no amendments. Sections: 15.16.010 15.16.020 15.16.030 15.16.040 15.16.050 15.16.060 Chapter 15.16 SOLAR PV CODE Adoption Purposes Definitions Mandatory Requirements Validity Penalties and Enforcement 15.16.010 Adoption That this ordinance is hereby adopted by reference as the "Solar PV Code" of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The Solar PV Code will be on file for public examination in the office of the Building Official. 15.16.020 Purposes The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, ORDINANCE NO. 1217 construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Palm Desert; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum or restrictive enforcement and a maximum of good building information and encouragement. 15.16.030 Definitions PRODUCTION HOME means a dwelling constructed as part of a residential development of at least five homes per project that is intended or offered for sale. SOLAR PV ENERGY SYSTEM means a photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of alternating current rated peak electricity. The installation of any solar PV energy system must meet all installation criteria of the current edition of the California Electrical Code, and must include PV panels and inverters, which are listed by the California Energy Commission. 15.16.040 Mandatory Requirements All buildings covered by this Ordinance shall include the following mandatory energy measures as applicable and limited to the permitted scope of work: 1) At least one model home as part of a production home development shall be equipped with a Solar PV Energy System with a minimum nominal output of 2.0 kW. 2) A seller of production homes shall offer a solar PV energy system option to all customers that enter into negotiations to purchase a new production home and disclose the following: a) The total installed cost of the solar PV energy system option; and, b) The estimated cost savings associated with the solar energy system option as determined by current and projected future utility costs. 3) Provisions for Future Solar PV Energy Systems. A 1-inch diameter electrical conduit shall be provided for installation of future solar PV energy systems. The 1-inch diameter electrical conduit shall extend from a point on the exterior wall located under the southern roof exposure, to the exterior wall location adjacent to the main electrical service panel. At each location, the conduit shall terminate at a two -gang, exterior wet location rated electric junction box. 4) Energy Star Appliances Required. If provided by the developer, all the following installed appliances shall be Energy Star rated: a) Dishwashers ORDINANCE NO. 1217 b) Refrigerators c) Clothes Washers d) Clothes Dryers (Natural Gas only) e) Ceiling fans f) Exhaust fans 15.16.050 Validity The city council of the city of Palm Desert hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council of the city of Palm Desert hereby declares that is would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 15.16.060 Penalties and Enforcement a) Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to six (6) months, or by a fine of up to one thousand dollars ($1,000), or both. Each day that a violation continues shall be deemed a new and separate offense. b) The Building Official shall have the authority to enforce this chapter as specified in section Chapter 1.12 of the Palm Desert Municipal Code, including but not limited to the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter. CHAPTER 15.18 GREEN BUILDING CODE Sections: 15.18.010 Adoption of California Green Building Standards Code 15.18.020 Amendments to the California Green Building Standards Code 15.18.010 Adoption of the California Green Building Standards Code That certain document in book form entitled California Green Building Standards Code, Title 24, Part 11, 2010 Edition, (CGBSC), copyrighted by the "California Building Standards Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833, prescribing regulating public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a --, reduced negative impact, or positive environmental impact and encouraging sustainable ORDINANCE NO. 1217 construction practice within the City, are hereby adopted by reference as the "Green Building Code" of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The California Green Building Standards Code will be on file for public examination in the office of the Building Official. 15.18.020 Amendments to the California Green Building Standards Code The California Green Building Standards Code, 2010 Edition, is hereby adopted with no amendments. CHAPTER 15.20 HISTORICAL CODE Sections: 15.20.010 Adoption of California Historical Building Code 15.20.020 Amendments to the California Historical Building Code 15.20.010 Adoption of the California Historical Building Code Except as provided in this chapter, the California Historical Building Code, Title 24, Part 8, 2010 Edition, (CHBC), copyrighted by the "California Building Standards Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833, prescribing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical building or properties within the City, are hereby adopted by reference as "The Historical Code" of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. The California Historical Building Code will be on file for public examination in the office of the Building Official. 15.20.020 Amendments to the California Historical Building Code The California Historical Building Code, 2010 Edition, is hereby adopted with no amendments. ORDINANCE NO. 1217 CHAPTER 15.22 HOUSING CODE Sections: 15.22.010 Adoption of the Uniform Housing Code 15.22.020 Amendments 15.22.010 Adoption of the Uniform Housing Code Except as provided in this chapter, 1997 Edition, (UHC), continues Title 25, CCR, Division 1, ChaptE use, maintenance and occupanc, The Housing Code will be on fill Official. 15.22.020 Amendments known and designated as the Uniform Housing Code, s the adopted reference in the State Housing Law, r 1, subchapter 1, section 32 for the enforcement of requirements by local code enforcement agencies. for public examination in the office of the Building The Uniform Housing Code, 1997 Edition, (UHC), with California amendments in the State Housing Law, Title 25, CCR, Division 1, Chapter 1, subchapter 1, section 32. Only Chapters 4, 5, 6 and sections 701.2 and 701.3 of the 1997 UHC are adopted and applicable. CHAPTER 15.24 EXISTING BUILDING CODE Sections: 15.24.010 Adoption of California Existing Building Code 15.24.020 Amendments to the California Existing Building Code 15.24.010 Adoption of the California Existing Building Code Except as provided in this chapter, the California Existing Building Code, Title 24, Part 10, 2010 Edition, (CEBC), based on the 2009 International Existing Building Code, as adopted by the State of California, as published by the International Code Council (ICC), shall become the "Existing Building Code" of the City of Palm Desert for the purpose of regulating the Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in existing buildings in the City. The California Existing Building Code will be on file for public examination in the office of the Building Official. 15.24.020 Amendments to the California Existing Building Code The California Existing Building Code, 2010 Edition, is hereby adopted with no amendments. ORDINANCE NO. 1217 CHAPTER 15.26 FIRE CODE Sections: 15.26.010 Adoption of the California Fire Code 15.26.020 Express Findings 15.26.030 Enforcement 15.26.040 Amendments to the California Fire Code 15.26.050 Additions to the California Fire Code 15.26.060 Outdoor fires prohibited 15.26.010 Adoption of the California Fire Code Except as provided in this chapter, the California Fire Code, Title 24, Part 9, 2010 Edition, (CFC), including Chapter 1, Division II, Appendix Chapters B, C, and H, as adopted by the Office of the State Fire Marshal, and noted below, based on the 2009 International Fire Code as published by the International Code Council (ICC), except as amended herein, shall become the "Fire Code" of the City of Palm Desert, establishing the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to firefighters and emergency responders during emergency operations within the City. The California Fire Code is on file for public examination in the office of the Building Official. 15.26.020 Expressed Findings The Fire Department hereby finds that the proposed amendments to the Fire Code are reasonable and necessary because of local climactic, geologic and topographical conditions within the City of Palm Desert. This finding is supported and based upon the following express findings which address each of these conditions and present the local situation which make the proposed amendments necessary. 1. The climate weather patterns within the City of Palm Desert include frequent periods of drought and low humidity adding to the fire danger. Fire season can be year-round in this region. 2. During the summer months the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and structure fires. Summer temperatures exceeding one hundred twenty degrees (1200), and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in suppressing fires. ORDINANCE NO. 1217 3. Because of weather patterns, the City of Palm Desert has experienced a need for water conservation. Due to the storage capacities and consumption, and a limited amount of rainfall (drought conditions), future water allocation is not fully dependable. While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted. 4. Features located throughout the City of Palm Desert are major roadways, highways, freeways and flood control channels which create barriers and slow response times. Other unique factors which create barriers and slow response times are the multiple canyons located within the large country clubs. 5. The City of Palm Desert has within its boundaries active seismic hazards. Seismic activity within the District occurs yearly and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from an earthquake. This risk includes fire, collapse and the disruption of water supply for firefighting purposes. Areas can also become isolated as a result of bridge, overpass and road damage and debris. 6. Structures in close proximity to each other pose an exposure problem which may cause a fire to spread from one structure to another as well as to the wildland area. 7. For practical and cost reasons, many new structures are built of wood construction. Many existing structures also have wood shake roofs. The potential for a conflagration exists due to the design and density of current structures. 8. Electrical supply and telephone communication failures occur due to high winds as well as others reasons. Water supply pumps and early notification cannot always be counted on. 9. Narrow and winding streets with little circulation and streets designed as storm drains impede emergency vehicle access and evacuation routes. 15.26.030 Enforcement [Pursuant to California Fire Code, Section 1.11.2.1.1 Item# 1 ] The delegated enforcement official responsible for the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R, Division 3 Dwellings shall be the Building Official. ORDINANCE NO. 1217 15.26.040 Amendments to the California Fire Code A. Section 109.1 Unlawful acts 109.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this Fire Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system in violation of the approved construction documents or directive of the fire code official or of a permit or certificate issued under the provisions of this code. It shall be unlawful for any person to mutilate, destroy or tamper with or remove without authorization from the fire code official any signs, tags or seals posted or affixed by the fire code official. B. Section 109.2 Public nuisance, abatement 109.2 Public nuisance; Abatement. Any violation of this Fire Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 14.60 of the City's Municipal Code may be abated in accordance with Title 14 of the City's Municipal Code. C. Section 109.3 Penalties 109.3 Penalties. Any person who violates a provision of this Fire Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters, repairs, removes, demolishes or utilizes a building, occupancy, premises or system in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate issued under the provisions of this Code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 14.100 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein. D. Section 903.2 Where (Automatic Sprinkler systems are) required 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures, or where the combination of new additional square footage and existing square footage exceeds the maximum fire area thresholds in this section, shall be provided in locations described in this section. E. Section 903.2.1.1 #1 (Group A-1 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2). The fire -resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section. ORDINANCE NO. 1217 F. Section 903.2.1.2 #1 (Group A-2 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2). The fire -resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section. G. Section 903.2.1.3 #1 (Group A-3 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2). The fire -resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section. H. Section 903.2.1.4 #1 (Group A-4 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2). The fire -resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section. I. Section 903.2.3 #1 (Group E Occupancies) 1. Throughout all Group E fire areas greater than 3,000 square feet (279 m2) in area. The fire -resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section. J. Section 903.2.4 #1 (Group F Occupancies) 903.2.4 Group F. An approved automatic fire sprinkler system shall be provided throughout all buildings used for Group F-1 and F-2 occupancies where one of the following conditions exists: 1. Where a Group F fire area exceeds 3,000 square feet (279 m2), regardless of stories. Fire resistive walls shall not be considered for reducing the gross floor area of the building for the purposes of this section. 2. Where the combined area of all Group F fire areas on all floors, including any mezzanines, exceeds 3,000 square feet (279 m). K. Section 903.2.7 #1 (Group M Occupancies) 1. Where a Group M fire area exceeds 3,000 square feet (279 m2), regardless of stories. Fire resistive walls shall not be considered for reducing the gross floor area of the building for the purposes of this section. 2. Where the combined area of all Group M fire areas on all floors, including any -TM• mezzanines, exceeds 3,000 square feet (279 m2). ORDINANCE NO. 1217 L. Section 903.2.8 (Group R Occupancies) 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. R-1 occupancies shall have attic fire sprinklers designed and installed to conform to the latest edition of NFPA 13, Standard for the Installation of Sprinkler Systems. M. Section 903.2.9 #1 (Group S-1 Occupancies) 1. Where a Group S-1 fire area exceeds 3,000 square feet (279 m2), regardless of stories. Fire resistive walls shall not be considered for reducing the gross floor area of the building for the purposes of this section. 2. Where the combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet (279 m). N. Section 903.2.9.1 Repair garages 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406, where the fire area containing a repair garage exceeds 3,000 square feet (279 m2) or where the vehicles serviced are parked in the basement. O. Section 903.2.9.2 Bulk storage of tires 903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet (566 m) shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. P. Section 903.2.10 Group S-2 enclosed parking garages 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 or where located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. Q. Section 903.2.10.1 Commercial parking garages 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds 3,000 square feet (279 m2). ORDINANCE NO. 1217 R. Appendix Chapter B, Section B105 Fire -Flow for Buildings B105 Fire -Flow Requirements for Buildings. The following fire flow requirements are minimum standards for non -fire sprinkled buildings. Exemption: Single-family dwellings on lots of record. B105.1 One- and two-family detached dwellings. The minimum fire -flow requirement for one- and two-family detached dwellings is 1500 GPM for a 2- hour duration. Fire hydrants must be within 250 feet of all portions of all buildings. Fire hydrants must have one 4" outlet and two 2-'/2" outlets for engine and hose connections. Exception: A reduction in required fire flow of 50 percent is allowed when the building is provided with an approved automatic sprinkler system. B105.2 Multi -family detached dwellings. The minimum fire -flow requirement for multi -family dwellings of 3 or more units is 2500 GPM for 2 hour duration. Fire hydrants must be within 250 feet of all portions of all buildings. Fire hydrants must have one 4" outlet and two 2-Y2" outlets for engine and hose connections. Exception: A reduction in required fire flow of 50 percent is allowed when the building is provided with an approved automatic sprinkler system. ` M B105.3 Commercial and industrial buildings. The minimum fire -flow requirement for commercial, industrial buildings, hotels, motels, hospitals, and public assembly buildings is 3000 GPM. Fire hydrants must be within 250 feet of all portions of all buildings and must have one 4" outlet and two 2-Y2" outlets for engine and hose connections. Exception: A reduction in required fire flow of 50 percent is allowed when the building is provided with an approved automatic sprinkler system. 15.26.050 Additions to the California Fire Code The following sections 108.4, 903.2.19, 903.2.20, and 905.12, are added to the California Fire Code and shall read as follows: A. Section 108.4 Filing of appeals 108.4 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the fire code official which is being appealed and wherein the fire code official erred in making the order, decision or determination. The appeal shall be accompanied by a fee as established by the City Council. If, after reviewing the information submitted, the fire code official ORDINANCE NO. 1217 determines the appeal does not merit a change in his or her order, decision, or determination, the fire code official shall schedule a hearing by the Board of Appeals and the appellant shall be notified in writing of the date and time of the hearing. B. Section 903.2.19 Group B 903.2.19 Group B. An automatic sprinkler system shall be provided for Group B occupancies where one of the following conditions exists: 1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not be considered for reducing the gross floor area of the building for the purposes of this section. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. C. Section 903.2.20 Group U 903.2.20 Group U. An automatic sprinkler system shall be provided for Group U occupancies where the fire area exceeds 3,000 square feet (279 m2). Fire resistive walls shall not be considered for reducing the gross floor area of the building for the purposes of this section. D. Section 905.12 Replacement 905.12 Replacement. Existing structures having an existing wet standpipe system which has been determined to need replacement shall be required to replace the hose and nozzle appliances with lined hose tested to three hundred P.S.I. (300) and a listed variable stream fog nozzle. 15.26.060 Outdoor fires prohibited Outdoor fires prohibited. It is unlawful to burn any material, structure, matter, or thing in an outdoor fire or incinerator or by similar means unless within an approved and controlled area by the Department of Building and Safety, the Fire Marshall, and the Planning Department (for example, fire places, barbeques and fire pits). No other types of outdoor open fires are permitted unless approved as part of a project's Conditional Use Permit. Person violating this Section shall be subject to the penalties. ORDINANCE NO. 1217 CHAPTER 15.28 ADDRESS NUMBERING Sections: 15.28.010 Rules and regulations for Street Address numbers 15.28.020 Street Address numbers 15.28.025 Entrance Numbers 15.28.030 Street Address numbers responsibility 15.28.040 Street Address numbers designation 15.28.050 Correcting erroneous numbers 15.28.060 Unnumbered buildings and obliterated/obstructed numbers 15.28.070 Violation —Penalty 15.28.010 Rules and regulations for Street Address numbers The Building Official shall adopt such reasonable rules and regulations as are necessary to implement the street address numbers provisions of this article codified in this chapter. 15.28.020 Street Address numbers size and height The City of Palm Desert, Department of Building and Safety, shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes. New and existing buildings shall have approved street address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The minimum dimensions of any street address number designated by the Building Official shall be as shown in Table 15.28.020A: TABLE 15.28.020A Distance From Street to B ilding Minimum Figure Size Over To Height Width Stroke of Line Building Placement (Maximum Height) 0' 10, 6" 2" '/2" 8' 11' 25' 6" 2'/4" '/2" 10, 26' 35' 7" 2'/2" '/2" 12' 36' 45' 101, 3" %/ l 14' 46' 55' 101, 3'/2" 3/4" 16' 56' 65' 101, 4" 3/4" 18' 66' 75' — -- 10" 4'/2" %ll 20' 76' 85' 12" 5" ill 22' 86' 95' 12" 5'/2" 1 Ys" 24' 96' 200, 12" 6" 11/" 26' ORDINANCE NO. 1217 Stroke of Line — Helvetica Bold or Equal. Design (including shape and style) as well as location of the street address numbers shall be such that they are legible and easily readable. The Building Official may prescribe a street address number large in size than stated in Table 15.28.020A when determined that lighting conditions, building locations, shadows, background, or readable from the street or approach to the entrance. A street address number of unusual design or placement may not be employed without prior written approval of the Building Official. 15.28.025 Entrance Numbers All entrance numbers from the public streets or parking lots in the city to residential, commercial or multiple tenant buildings shall be numbered as hereafter provided. Building address number and or suite unit number of each and every entrance shall be placed upon, or immediately above or adjacent to the door or gate closing of said entrance where multi -numbered street addresses exist on a site. Single numbered street addresses on a building will only require the suite number immediately above or adjacent to the door or gate of said entrance. Each figure of said number shall be no less than four (4) inches in height and of corresponding width. (See section 15.28.020). The owner, agent or other person shall cause said building to be numbered in accordance with the building official or designee within thirty (30) days. Results of the building official's decision shall be filed with each address record. Exception: Numbers for single family residences less than thirty (30) feet from the curb to front of building may be a minimum of four (4) inches high by 1 Y2 inches wide. Notwithstanding the above, the Building Official may set forth different standards on a case -by -case consideration to comply with the intent of this Chapter. 15.28.030 Street Address numbers responsibility Every person having ownership, possession, custody, control or charge of any building structure or parking lot shall have and maintain the established street address number thereon upon or near each entrance from a street of the city, and from any other public access way, in the manner and location designated by the building official or designee. "Access way", shall include, but not be limited to, any alley, stairway, driveway or walk- way. 15.28.040 Street Address numbers designation Installation, change, substitution or removal of any existing or subsequently designated street address number shall be completed within thirty days after receipt by the owner, occupant, lessee, tenant, subtenant, fiduciary or custodian of such building, structure or parking lot, or any person or agent in charge thereof, of a written notice containing appropriate instructions therefore, from the Building Official. ORDINANCE NO. 1217 15.28.050 Correcting erroneous numbers In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house or building, the owner, agent or other person shall, upon notification by the building official, correct the erroneous numbers within thirty days after official notification. 15.28.060 Unnumbered buildings and obliterated/obstructed numbers In cases where a building or structure remains unnumbered or where a building or structure may have been numbered and the number since lost or destroyed or defaced as to be unintelligible from right-of-way, the owner, agent or other person will cause said building or structure to be numbered in accordance with the official notification of the building official within thirty days. All numbered street addresses must be kept clear from all obstructions, including, but not limited to, vegetation, signs, banners and vehicles. 15.28.070 Violation —Penalty It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of the chapter or failing to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 of the code of Palm Desert, California. CHAPTER 15.30 CONSTRUCTION SITE SECURITY 15.30.010 Construction Site Security A. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall maintain security measures as deemed necessary or as required by the Building Official to control vandalism, fires, blowing dust, sand or debris. B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum 6 feet high with a minimum 94% blackout heavy-duty plastic screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent street. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-inch cable. The perimeter security fencing shall be maintained and remain in place through the duration of the project or until a permanent wall/fencing is installed. ORDINANCE NO. 1217 C. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having an adequately sized debris box container placed on the site for the depositing of trash and debris. As used in this section, trash and debris shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substance that may be accumulated as a result of construction activities. D. A trash container shall remain on the construction site until the building inspector has completed the final inspection or has approved the removal of the container. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. E. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor, or other person authorized by law to remove any container from the location where the person in charge for storage and collection placed the container. F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The non-compliance can be sufficient cause for the revocation of the issued building permit. CHAPTER 15.32 MOVED BUILDINGS AND TEMPORARY STRUCTURES Sections: 15.32.010 15.32.020 15.32.030 15.32.040 15.32.050 15.32.060 15.32.070 15.32.080 15.32.090 15.32.110 15.32.120 Permits Required Application and Investigation Fee Investigation and Report Denial of Permit Security Required Conditions of Security Permit Issuance and Fees General Requirements Expiration of Permits Procedure upon Default Release of Security 15.32.010 Permits Required It is unlawful for any person, firm or corporation to move or cause to be moved any building or structure excepting a contractors tool house, construction office or similar structure which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the Building Official. ORDINANCE NO. 1217 Exception: Buildings moved to the business premises of a house for the purpose of temporary storage. M 15.32.020 Application and Investigation Fee To obtain a permit to relocate a building or structure the applicant shall first file an application therefore as required by California Building Code. The Building Official may require plans, photographs and other data to substantiate the application. Each application shall be accompanied by an investigation fee to cover the costs of processing the application, inspecting the building and premises, and handling other matters connected therewith. Such fee shall be nonrefundable. If the building to be moved is located outside the city, the applicant shall pay an additional fee to cover increased costs of inspection and mileage. 15.32.030 Investigation and Report The Building Official may cause an investigation to be made of each building or structure for which an application for a relocation permit has been received. A written report shall be prepared based on such inspection, and a copy of the report shall be given to the applicant. This report shall contain the approval or disapproval by the Building Official for relocating the building. If approved for relocation, the report may list the requirements and corrections necessary for making the building conform to the codes adopted herein. In granting an approval for relocation, the Building Official may impose such terms and conditions as he may deem reasonable and proper, including time limits for completion of all work, and requirements for whatever changes, alterations, additions or repairs are necessary to assure that relocation will not be materially detrimental or injurious to public health, safety and welfare. The investigation report shall remain valid for a period of one hundred eighty (180) days after the building or structure has been inspected, after which time a new investigation and report may be required by the Building Official. 15.32.040 Denial of Permit Except as otherwise provided in this section, the building official shall be vested with the discretion to refuse to issue a relocation permit for any building or structure which: 1. Is so constructed or is in such condition as to be dangerous; 2. Is infested with pests or is unsanitary; 3. Is in such condition in the judgment of the Building Official that it does not admit of practicable and effective repair; 4. Is so dilapidated, defective or unsightly or is in such a condition of deterioration or disrepair that its relocation at the proposed site would cause ORDINANCE NO. 1217 appreciable harm to or be materially detrimental to the property or improvements in the area to which it would be relocated; 5. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the area to which it is to be relocated so that its relocation would be materially detrimental to the property or improvements in said area. 15.32.050 Security Required The Building Official shall be vested with the authority to require the applicant for a permit to first post with the building official a performance bond executed by the owner of the premises where the building or structure is to be located, listing said owner as principal, and an approved surety company authorized to do business in the state as surety; a cash bond naming the city of Palm Desert as the payee; or an assignment of certificates or shares issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation. The Building Official may waive the requirement of security when the owner of the property is a governmental agency. The performance bond required by this section shall: 1. Be in form joint and several; 2. Name the city of Palm Desert as obligee; 3. Guarantee that the required work will be completed or, when ordered by the building official, the building or structure will be removed or demolished and the site cleared, cleaned, and restored to its original condition; within a reasonable time frame set by the Building Official; 4. Be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the conditions of the relocation permit or shall be in an amount equal to the cost of demolition and removal, whichever is greater. Such costs for purposes of the bond shall be as estimated by the Building Official; 5. State therein the legal description or address of the property to which the building or structure is to be relocated. 15.32.060 Conditions of Security Every performance bond, cash bond or assignment of shares required by this article shall be conditioned as follows: 1. Unless otherwise specified in the investigation report, work required to be done pursuant to the conditions of the relocation building permit shall be initiated within one hundred eighty days from the date of issuance of the permit; 2. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. ORDINANCE NO. 1217 The Building Official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety; 3. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation building permit; 4. The Building Official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work; 5. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit; 6. In the event of default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the Building Official or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and to clear, clean and restore the site. 15.32.070 Permit Issuance and Fees Before any permit is issued for the relocation, reconstruction or repair of a building or structure a fee therefore shall be paid to the Building Official in accordance with the city council resolution for building, electrical, plumbing, mechanical, and grading or other permits when applicable. The required permits, together with the investigation report, shall comprise the relocation permit for the purpose of this section. The valuation for the purpose of determining the relocation permit fee shall be based upon the Building Official's estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit. 15.32.080 General Requirements The following information shall be filed for review and subject to the approval of the Building Official prior to the issuance of the building relocation permit: The location and address of the old and new sites; 1. A plot plan of the new location, including adjacent lots of all sides of the property with their use and an indication of all structures and improvements on such lot; 2. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate; 3. The definition of the route of travel for the structure to be moved. The time and route shall be subject to the approval of the City Engineer, Fire Chief and ORDINANCE NO. 1217 Chief of Police; 4. A termite inspection report prepared by a legally qualified person; 5. The abandonment of sewage disposal systems and/or sewer laterals as set forth in the California Plumbing Code, for the old and the new parcels involved; 6. A current photograph showing all four elevations of each structure to be relocated; 7. Such additional information as shall be deemed reasonably necessary by the Building Official to carry out the intent and purpose of this chapter; 8. That the structure shall comply or be altered to comply with current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and 9. The vacated site shall be cleaned and restored to a safe and sightly condition, including the removal of abandoned foundation systems. 15.32.090 Expiration of Permits Permits for the relocation, reconstruction and repair of a building or structure shall be null and void in accordance with the provisions of CBC, Chapter I, Division II, Section 105.5 if the building or structure is not relocated to the proposed site and/or the required work commenced within one hundred eighty consecutive calendar days of the date of issuance of such permits. 15.32.110 Procedure upon Default Performance bond. Should the principal fail to comply with the conditions required by the relocation permit, the Building Official shall give notice of default in writing to the principal and to the surety named in the performance bond. The notice of default shall state the conditions of the bond, which have not been complied with and shall specify the period of time the Building Official deems to be reasonably necessary for completion of the work. Upon receipt of a notice of default, the surety shall cause the required work to be completed within the time specified. The surety shall have the option of removing or demolishing the building or structure in lieu of completing the required work, in which case the site shall be suitably cleared, cleaned and restored to the satisfaction of the Building Official. Exception: The surety may be granted a release from its obligation to perform under the conditions of the performance bond provided, a. A written agreement is executed between surety and the division of building and safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and b. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the Building Official to cause the required ORDINANCE NO. 1217 work of repair or demolition to be performed in accordance with subsection (K)(2) of this section. 2. Cash bond. When a cash bond has been posted the Building Official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official at his own discretion may proceed without delay and without further notice or proceeding to use the cash deposit or any portion thereof to cause the required work to be completed by contract or otherwise. 3. Assignment of shares. When an assignment of shares has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the Building Official may request payment of the assigned certificates or share or any portion thereof by the savings and loan association and at his own discretion the Building Official may proceed without delay and without further notice or proceeding to use such assets to cause the required work to be completed by contractor or otherwise. 15.32.120 Release of Security 1. Performance bond. When all conditions and requirements of the relocation permit and applicable laws and ordinances have been completed, the Building Official .. shall notify the surety that the bond has been exonerated. 2. Cash bond. When a cash bond has been posted and all requirements of the relocation permit have been completed, the Building Official shall return the cash to the depositor, or to his successor or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section. 3. Assignment of shares. When an assignment of shares has been made and all requirements of the relocation permit have been completed, the building official shall notify the savings and loan association and shall do all things reasonably necessary to effect a release of said assignment to the principal or to his successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section. ORDINANCE NO. 1217 Sections: 15.34.010 15.34.020 15.34.030 15.34.040 15.34.010 Intent CHAPTER 15.34 SAFETY ASSESSMENT PLACARDS I ntent Application of provisions Definitions Placards This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. 15.34.020 Application of provisions The provisions of this chapter are applicable to all buildings and structures and all occupancies regulated by the city. The council may extend the provisions as necessary. 15.34.030 Definitions "Safety assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition of the building or structure for continued occupancy. 15.34.040 Placards A. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached to the ordinance codified in this chapter and adopted by reference. 1. "INSPECTED" - Lawful Occupancy Permitted (Green Placard) is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. 2. "RESTRICTED USE" - (Yellow Placard) is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will ,clearly and concisely note the restrictions on continued occupancy. 3. "UNSAFE" - Do Not Enter or Occupy (Red Placard) is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the ORDINANCE NO. 1217 building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard. C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section." PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this 18th day of November, 2010, by the following vote, to wit: AYES: BENSON, KROONEN, SPIEGEL, and FINERTY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE ATTEST: RAC ELLE D. KL EN, CftY CLERK CITY OF PALM DESERT, CALIFORNIA 12-r�3 " 2HO t o