HomeMy WebLinkAboutORD 1265ORDINANCE NO. 1265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2013 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 2013 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. 1265
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
Section 1 That Ordinance No. 1217 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 Standards Code
15.20 Historical Code
15.22 Housing Code
15.24 Existing Building Code
15.26 Fire Code •m
15.28 Address Numbering
15.30 Construction Site Security No
15.32 Moved Buildings and Temporary Structures
15.34 Safety Assessment Placards
CHAPTER 16.02
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 California Building Code
15.02.010 Adoption of Chapter 1, Division II, of the California Building Code
Except as provided in this chapter, the certain building code known and designated as the
California Building Code, Title 24, Part 2, 2013 Edition, (CBC), as developed by the State
of California, based on the 2012 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. am*
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ORDINANCE NO. 1265
15.02.020 Amendments to Chapter 1, Division II, Scope and Administration
A. Amending Section 105.2 Work exempt from permit
Building:
2. Fences not over 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.
B. 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)
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ORDINANCE NO. 1265
C. Amending Section 114 Violations
114.4 Violation penalties. Any person, firm or corporation violating any of the
provisions, regulations, requirements, additions, amendments and/or deletions of
this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall
be as set forth in Chapter 1.12 of the Palm Desert Municipal Code.
CHAPTER 15.04
BUILDING CODE
Sections:
15.04.010 Adoption of California Building Code
15.04.010 Adoption of California Building Code
an
Except as provided in this chapter, those certain building codes known and designated as
the California Building Code, Title 24, Part 2, 2013 Edition, (CBC), including Appendix
Chapters , C and I, as adopted by the State of California, based on the 2012 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, 2013 Edition, and its adopted
appendices and amendments will be on file for public examination in the offices of the
Building Official.
CHAPTER 15.06
RESIDENTIAL CODE
Sections:
15.06.010 Adoption of 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,
2013 Edition, (CRC), including Appendix Chapters H, as adopted by the State of
California, based on the 2012 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.
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ORDINANCE NO. 1265
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 1, 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,
2013 Edition, (CIVIC), including Chapter 1, Division 11, and Appendix Chapters B, C, and D
as adopted by the State of California, based on the 2012 Uniform Mechanical Code as
published by the International Association of Plumbing and Mechanical Officials
(IAPMO), shall be and become the "Mechanical Code" of the City of Palm Desert,
regulating and controlling the design, construction, installation, quality of materials,
location, operation and maintenance of heating, ventilating, cooling, refrigeration
systems, incinerators and other miscellaneous heat producing appliances. The
California Mechanical Code is on file for public examination in the office of the Building
Official.
15.08.020 Amendments to the California Mechanical Code
A. Amending Section 114 Fees.
114.2 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 114.3 Plan Review Fees.
When plans aFe inGemplete OF ehanged so a6 tG FequiFe additional plan Feview, an
additional plan Feview fee shall be GhaFged at the Fate shown On Table 114 1.
Page 5 of 32
ORDINANCE NO. 1265
C. Amending Section 116.6 Reinspections.
am
Third paragraph of section 115.6 of the California Mechanical Code is amended to
read as follows: Now
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
16.10.010 Adoption of the California Electrical Code
Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2013
Edition, (CEC), including Annex Chapters A, B, C, D, E, F, and G as adopted by the State
of California, based on the 2011 National Electrical Code as published by the National Fire
Protection Association (NFPA), shall become the "Electrical Code" of the City of Palm
Desert, regulating all installation, arrangement, alteration, repair, use and other operation
of electrical wiring, connections, fixtures and other electrical appliances on premises within
the City. The California Electrical Code is on file for public examination in the office of the
Building Official. ...
CHAPTER 15.12 to&
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, 2013
Edition, (CPC), including Chapter 1, Division II, and Appendix A, B, D, I and H as adopted
by the State of California, based on the 2012 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.
one
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ORDINANCE NO. 1265
16.12.020 Amendments to the California Plumbing Code
A. Amending Section 103.4 Fees.
103.4 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 103.4.1 Plan Review Fees.
C. Amending Section 103.5.9 Reinspections.
Fourth paragraph of section 103.5.9 of the California Plumbing Code is amended to
read as follows:
To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a
fee schedule as established by the applicable governing authority.
CHAPTER 15.14
ENERGY CODE
Sections:
15.14.010 Adoption of 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,
2013 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.
Page 7 of 32
ORDINANCE NO. 1265
Chapter 15.16
SOLAR PV CODE
Sections:
15.16.010
Adoption
15.16.020
Purposes
15.16.030
Definitions
15.16.040
Mandatory Requirements
15.16.050
Validity
15.16.060
Penalties and Enforcement
15.16.010 Adoption
That this 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
wrr
The purposes of this chapter are to provide minimum standards to safeguard life or
limb, health, property and the public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and maintenance of all .�
buildings and structures within the City of Palm Desert; to encourage and instruct
people to build safely and economically, rather than to discourage building; 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: an
Page 8 of 32 ""�
ORDINANCE NO. 1265
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
b) Refrigerators
c) Clothes Washers
d) Clothes Dryers (Natural Gas only)
e) Ceiling fans
f) Exhaust fans
15.16.050 Validity
The city council of the city of Palm Desert hereby declares that if any section,
subsection, sentence, clause or phrase of this chapter or the code hereby adopted is,
for any reason, held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of the ordinance codified in this chapter. The City Council of the
city of Palm Desert hereby declares that 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.
Page 9 of 32
ORDINANCE NO. 1265
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) r,
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
15.18.010 Adoption of the California Green Building Standards Code
That certain document in book form entitled California Green Building Standards Code,
Title 24, Part 11, 2013 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 .r
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.
CHAPTER 15.20
HISTORICAL CODE
Sections:
15.20.010 Adoption of 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, 2013 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 oft
the City of Palm Desert, and from the date on which the ordinance codified in this
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ORDINANCE NO. 1265
chapter shall take effect, the provisions thereof shall be controlling within the corporate
limits of the City of Palm Desert. The California Historical Building Code will be on file
for public examination in the office of the Building Official.
CHAPTER 15.22
HOUSING CODE
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, known and designated as the Uniform Housing Code,
1997 Edition, (UHC), continues as the adopted reference in the State Housing Law,
Title 25, CCR, Division 1, Chapter 1, subchapter 1, section 32 for the enforcement of
use, maintenance and occupancy requirements by local code enforcement agencies.
The Housing Code will be on file for public examination in the office of the Building
Official.
15.22.020 Amendments
The Uniform Housing Code, 1997 Edition, (UHC), with California amendments in the
State Housing Law, Title 25, CCR, Division 1, Chapter 1, subchapter 1, section 32. Only
Chapters 4, 5, 6 and sections 701.2 and 701.3 of the 1997 UHC are adopted and
applicable.
CHAPTER 15.24
EXISTING BUILDING CODE
Sections:
15.24.010 Adoption of 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,
2013 Edition, (CEBC), based on the 2012 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.
Page 11 of 32
ORDINANCE NO. 1265
CHAPTER 15.26
FIRE CODE we
Sections:
ur
15.26.010 Adoption of the California Fire Code
15.26.020 Express Findings
15.26.030 Amendments to the California Fire Code
15.26.040 Additions to the California Fire Code
15.26.050 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, 2013 Edition,
(CFC), is adopted in its entirety including Chapter 1, Division II, Appendix Chapters B, C,
E, F, G and H, and those Chapters amended by the Office of the State Fire Marshal, and
noted below, based on the 2012 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.
am
15.26.020 Expressed Findings
No
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 in vegetation and
structure fires. Summer temperatures exceeding one hundred twenty degrees
(120°), 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.
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
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ORDINANCE NO. 1265
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 other 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 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 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.
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ORDINANCE NO. 1266
B. Section 109.3 Public nuisance, abatement
am
109.3 Public nuisance; Abatement Any violation of this Fire Code, including
the adopted appendices, which results in a public nuisance pursuant to Chapter No
14.60 of the City's Municipal Code may be abated in accordance with Title 14 of
the City's Municipal Code.
C. Section 109.4 Penalties
109.4 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. The following definitions are added to Chapter 2, Section 202:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chiefs designee.
FIRE PROTECTION ENGINEER. A professional engineer with the education and ...
experience to understand the engineering problems related to safeguarding life rr
and property from fire and fire -related hazards, to identify, evaluate, correct or
prevent present or potential fire and fire related panic hazards in buildings,
groups of buildings, or communities, and to recommend the arrangement and
use of fire resistant building materials and fire detection and extinguishing
systems, devices, and apparatus in order to protect life and property.
HAZARDOUS FIRE AREA. Private or public land not designated as state or
local fire hazard severity zone (FHSZ) which is covered with grass, grain, brush
or forest and situated in a location that makes suppression difficult resulting in
great damage. Such areas are designated on Hazardous Fire Area maps filed
with the office of the Fire Chief.
SKY LANTERN. An airborne lantern typically made of paper, Mylar, or other
lightweight material with a wood, plastic, or metal frame containing a candle, fuel
cell, or other heat source that provides buoyancy.
E. Section 503.1.1 adding Exception 4:
4. Where approved by the fire code official, fire apparatus access roads shall
be permitted to be exempted or modified for solar photovoltaic power an
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ORDINANCE NO. 1265
generation facilities.
F. 503.2.2 Authority. The fire code official Riverside County Fire Department shall
be the only authority authorized to designate fire apparatus access roads, fire
lanes and as defined in Section 502. The fire code official shall have the authority
to increase modify the minimum fire lane access widths where they are
inadequate for fire or rescue operations.
G. 503.3 Marking. Fire apparatus access roads, where required, shall be identified
by curbs painted red on both the top and face along the entire length of the fire
apparatus access road. Where no curbs exists or a rolled curb is installed, a six
(6) inch wide red strip shall be applied the full length of the fire apparatus access
road or approved posted signs shall be installed in accordance with the Riverside
County Fire Department Standards.
Exception: On school grounds this requirement shall be implemented as
approved by the fire code official.
H. Section 504.1 is amended to add the following language to the end of the
first paragraph:
Where ground ladder access is the only means to reach the highest point on the
building, the finished grade on all exterior sides of buildings shall be flat and free
of any obstructions that would interfere with ground ladder placement. This
distance from the building to finished grade shall be determined by the Fire Chief.
I. Section 508.1 is amended to read as follows:
Section 508.1 General. Where required by other sections of this Code and in all
buildings classified as high-rise buildings by the California Building Code, and
buildings greater than 300,000 square feet in area, and Group 1-2 occupancies
having occupied floors located more man 75 feet above the lowest level of fire
department vehicle access, a fire command center for fire department operations
shall be provided and shall comply with Sections 508.1 through 508.1.5
J. Section 508.1.3 of the 2013 California Fire Code is amended to add the
following Exception as follows:
Exception: When solely required due to building area greater than 300,000
square feet, the fire command center shall be a minimum of 96 square feet (9
m2) with a minimum dimension of 8 feet (2438 mm)
K. Section 508.1.5 of the California Fire Code is amended to add the following
Exception as follows:
Exception: When solely required to building area greater than 300,000 square
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ORDINANCE NO. 1265
feet, the fire command center shall comply with NFPA 72 and contain features 5,
8, 10, 12, 13 & 14. All other features shall be provided only when the building ...
contains the respective system/functionality.
..
L. 507.5.5 Clear Space Around Hydrants. A 3-foot (914 mm) clear space shall be
maintained around the circumference of fire hydrants, Fire Department
connections, exterior fire protection system control valves, or any other exterior
fire protection system component that may require immediate access, except as
otherwise required or approved.
M. 606.10.1.2 Manual operation. When required by the fire code official, automatic
crossover valves shall be capable of manual operation. The manual valves shall
be located in an approved location immediately outside of the machinery room, in
a secure metal box or equivalent and marked as Emergency Controls.
N. Section 903.2 Where 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.
O. 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.
P. 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.
Q. 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.
R. 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. sm
Page 16 of 32 r"'
ORDINANCE NO. 1265
S. Section 903.2.3 #1 (Group E Occupancies)
1. Throughout all Group E fire areas greater than 3,000 square feet (279 ml) in
area. The fire -resistive walls shall not be considered for reducing the fire area
of the building for the purposes of this section.
T. Section 903.2.4 #1-4 (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 where one of the following
conditions exists:
1. Where a Group F-1 and F-2 fire area exceeds 3,000 square feet (279 m).
2. Where the Group F-1 and F-2 fire areas is located more than three stories
above grade plane.
3. The combined area of all Group F1 and F-2 fire areas on all floors, including
any mezzanines, exceed 3,000 square feet (279 m2).
4. A Group F-1 and F-2 occupancy used for the manufacture of upholstered
furniture or mattresses exceeds 2,500 square feet (232 m).
U. Section 903.2.7 #1 and #2 (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
mezzanines, exceeds 3,000 square feet (279 m2).
U. 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.
V. Section 903.2.9 #1-5 (Group S-1 Occupancies)
1. Where a Group S-1 fire area exceeds 3,000 square feet (279 m).
2. A Group S-1 fire area is located more than three stories above grade.
3. The combined area of all Group S-1 fire areas on all floors, including
mezzanines, exceeds 3,000 square feet (279 m).
4. A Group S-1 fire area used for the storage of commercial trucks or buses
where the fire area exceeds 3,000 square feet (279 m).
5. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 3,000 square feet (279 m2).
Page 17 of 32
ORDINANCE NO. 1265
W. Section 903.2.9.1 Repair garages
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided an
throughout all buildings used as repair garages in accordance with Section 406, M,,,w,
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.
X. 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.
esstrpansie 7
Y. 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).
Z. Exception 1 of Appendix B, Section B105.2 is amended to read as follows: an
Exception 1: A reduction in required fire -flow of up to 50 percent, as approved, No
is allowed when the building is provided with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting
fire -flow shall not be less than 1,500 gallons per minute (5678 Umin) for the
prescribed duration as specified in Table B105.1.
AA. Appendix C, Section C102.1 Fire hydrant locations. Fire hydrants shall
be provided at street intersections and along required fire apparatus access
roads and adjacent public streets.
15.26.040 Additions to the California Fire Code
The following sections 104.3.2, 104.12, 108.4, 308.1.6.3, 503.7, 507.5.7, 507.5.8,
903.2.19, 903.2.20, 903.3.5.3, 3204.2.1, and 4904.3 are added to the California Fire
Code and shall read as follows:
MW
Page 18 of 32
ORDINANCE NO. 1265
A. 104.3.2. Authority of the Fire Chief and Fire Department.
1. The Fire Chief is authorized and directed to enforce all applicable State fire
laws and provisions of this ordinance and to perform such duties as directed
by the Palm Desert City Council.
2. The Fire Chief is authorized to administer, interpret and enforce this
ordinance. Under the Fire Chiefs direction, the Riverside County Fire
Department is authorized to enforce ordinances of City of Palm Desert
pertaining to the following:
a. The prevention of fires.
b. The suppression or extinguishment of dangerous or hazardous fires.
c. The storage, use and handling of hazardous materials.
d. The installation and maintenance of automatic, manual and other
private fire alarm systems and fire extinguishing equipment.
e. The maintenance and regulation of fire escapes.
f. The maintenance of fire protection and the elimination of fire hazards
on land, in buildings, structures and other property, including those
under construction.
g. The maintenance of means of egress.
h. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the
provisions of this ordinance and to make arrests and issue citations as
authorized by law:
a. The Unit Chief, Peace Officers and Public Officers of the California
Department of Forestry and Fire Protection.
b. The Fire Chief, Peace Officers and Public Officers of the Riverside
County Fire Department.
c. The Riverside County Sheriff and any deputy sheriff.
d. The Police Chief and any Police Officer of any city served by the
Riverside County Fire Department.
e. Officers of the California Highway Patrol.
f. Code Officers of the City of Palm Desert Code Compliance Division.
g. Peace Officers of the California Department of Parks and Recreation.
h. The law enforcement officer of the Federal Bureau of Land
Management.
B. 104.12 Authority of the Fire Chief. Except upon National Forest Land, the Fire
Chief is authorized to determine and announce the closure of any hazardous fire
area or portion thereof. Any closure by the Fire Chief for a period of more than
fifteen (15) calendar days must be approved by the Board of Supervisors within
fifteen (15) calendar days of the Fire Chiefs original order of closure. Upon such
Page 19 of 32
ORDINANCE NO. 1265
closure, no person shall go in or be upon any hazardous fire area, except upon
the public roadways and inhabited areas. During such closure, the Fire Chief
shall erect and maintain at all entrances to the closed area sufficient signs giving
notice of closure. This section shall not prohibit residents or owners of private
property within any closed area, or their invitees, from going in or being upon
their lands. This section shall not apply to any entry, in the course of duty, by a
peace officer, duly authorized public officer or fire department personnel.
C. 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
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.
D. Section 308.1.6.3 Sky Lanterns or similar devices. The ignition and/or
launching of a Sky Lantern or similar device is prohibited.
Exception: Upon approval of the fire code official, sky lanterns may be used as
necessary for religious or cultural ceremonies providing that adequate
safeguards have been taken as approved by the fire code official. Sky Lanterns
must be tethered in a safe manner to prevent them from leaving the area and
must be constantly attended until extinguished.
E. 503.7 Loading areas and passenger drop-off areas. On private properties,
where fire apparatus access roads are utilized for loading or unloading or utilized
for passenger drop-off or pick-up, an additional eight (8) feet of width shall be
added to the minimum required width for the fire apparatus access road.
F. 507.5.7 Fire hydrant size and outlets. Fire hydrant size and outlets shall be
required as determined by the fire code official.
1. Residential Standard —one (1) four (4) inch outlet, and one (1) two and one
half (2'/2) inch outlet.
2. Super Hydrant Standard —one (1) four (4) inch outlet, and two (2) two and
one half (2'/2) inch outlet.
3. Super Hydrant Enhanced —two (2) four (4) inch outlet, and one (1) two and
one half (2'/2) inch outlet.
G. 607.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually ..�
indicated in accordance with Riverside County Fire Department Std. 06-11. Any
Page 20 of 32 "'
ORDINANCE NO. 1265
hydrant marker damaged or removed during the course of street construction or
repair shall be immediately replaced by the contractor, developer, or person
responsible for the removal or damage.
H. Section 903.2.20 Group B
903.2.20 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.
I. Section 903.2.21 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.
J. 903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed 90% of the water supply
capacity.
K. 3204.2.1 Minimum requirements for client leased or occupant owned
warehouses. Designs of an automatic sprinkler system for client leased or
occupant owned buildings containing high pile storage shall be based on the
requirements of NFPA 13. The responsible fire protection engineer shall perform
a survey of the building to determine commodity classification, storage
configuration, building height and other information related to the development of
an appropriate sprinkler system design. The fire protection engineer shall also
make reasonable efforts to meet with the building owner or operator to
understand seasonal or customer related fluctuations to the stored commodities,
storage height, and configuration. The sprinkler design shall be based on the
most demanding requirements determined through the onsite survey and
discussions with the building owner or operator. The technical report shall
describe the basis for determining the commodity and sprinkler design selection,
how the commodities will be isolated or separated, and include referenced
design document(s), including NFPA 13 or the current applicable factory mutual
data sheets. If a specific fire test is used as the basis of design, a copy of the fire
test report shall be provided at the time of plan review.
L. 4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government
Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are
Page 21 of 32
ORDINANCE NO. 1265
designated as shown on a map titled Very High Fire Hazard Severity Zones,
dated April 8, 2010 and retained on file at the office of the Fire Chief and
supersedes other maps previously adopted by Riverside County designating high
fire hazard areas."
15.26.050 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.
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:
sm
Page 22 of 32 am
ORDINANCE NO. 1266
Distance From Street
to Buildin
Minimum Figure Size
Over
To
Height
Width
Stroke of
Line
Building
Placement
(Maximum
Height)
0'
10,
6"
2"
Y2"
8'
11'
25'
6"
2V
Y2"
10,
26'
35'
7"
2'/2"
'/2"
12'
36'
45'
10"
3"
%11
14'
46'
55'
10"
3'/2"
3/"
16'
56'
65'
10"
4"
%11
18,
66'
75'
10"
4'/2'
%11
20'
76'
85'
12"
5"
1"
22'
86'
95,
12"
5Y2"
1 %8"
24'
96'
200'
12"
6"
1 %11
26'
Stroke of Line — Helvetica Bold or Equal. Design (including shape and style) as well as
location of the street address numbers shall be such that they are legible and easily
readable. The Building Official may prescribe a street address number larger in size
than stated in Table 15.28.020A when determined that lighting conditions, building
locations, shadows, background, or readable from the street or approach to the
entrance. A street address number of unusual design or placement may not be
employed without prior written approval of the Building Official.
15.28.025 Entrance Numbers
All entrance numbers from the public streets or parking lots in the city to residential,
commercial or multiple tenant buildings shall be numbered as hereafter provided.
Building address number and or suite unit number of each and every entrance shall be
placed upon, or immediately above or adjacent to the door or gate closing of said
entrance where multi -numbered street addresses exist on a site. Single numbered
street addresses on a building will only require the suite number immediately above or
adjacent to the door or gate of said entrance. Each figure of said number shall be no
less than 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'/2 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.
Page 23 of 32
ORDINANCE NO. 1265
15.28.030 Street Address numbers responsibility
Every person having ownership, possession, custody, control or charge of any building .•e
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.
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 we
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,
Page 24 of 32 low
ORDINANCE NO. 1265
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.
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 Permits Required
15.32.020 Application and Investigation Fee
15.32.030 Investigation and Report
15.32.040 Denial of Permit
15.32.050 Security Required
Page 25 of 32
ORDINANCE NO. 1265
15.32.060 Conditions of Security
15.32.070 Permit Issuance and Fees an
15.32.080 General Requirements
15.32.090 Expiration of Permits "No
15.32.110 Procedure upon Default
15.32.120 Release of Security
15.32.010 Permits Required
It is unlawful for any person, firm or corporation to move or cause to be moved any
building or structure excepting a 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.
Exception: Buildings moved to the business premises of a house for the
purpose of temporary storage.
15.32.020 Application and Investigation Fee
To obtain a permit to relocate a building or structure the applicant shall first file an
application therefore as required by California Building Code. The Building Official may
require plans, photographs and other data to substantiate the application.
Each application shall be accompanied by an investigation fee to cover the costs of
processing the application, inspecting the building and premises, and handling other
matters connected therewith. Such fee shall be nonrefundable. If the building to be
moved is located outside the city, the applicant shall pay an additional fee to cover
increased costs of inspection and mileage.
15.32.030 Investigation and Report
The Building Official may cause an investigation to be made of each building or
structure for which an application for a relocation permit has been received. A written
report shall be prepared based on such inspection, and a copy of the report shall be
given to the applicant. This report shall contain the approval or disapproval by the
Building Official for relocating the building. If approved for relocation, the report may list
the requirements and corrections necessary for making the building conform to the
codes adopted herein.
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
Page 26 of 32 ""
ORDINANCE NO. 1265
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
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
Page 27 of 32
ORDINANCE NO. 1265
building or structure is to be relocated.
15.32.060 Conditions of Security
Every performance bond, cash bond or assignment of shares required by this article
shall be conditioned as follows:
1. Unless otherwise specified in the investigation report, work required to be
done pursuant to the conditions of the relocation building permit shall be
initiated within one hundred eighty days from the date of issuance of the
permit;
2. The time limit specified may be extended for good and sufficient cause after
written request of the principal or surety, before said time limit has expired.
The Building Official shall notify the principal and surety in writing of such time
extension and may extend the time limit without consent of the surety;
3. The term of each bond posted pursuant to this section shall begin upon the
date of the posting thereof and shall end upon the completion to the
satisfaction of the Building Official of the performance of all the terms and
conditions of the relocation building permit;
4. The Building Official and the surety, or the duly authorized representative of
either, shall have access to the premises described in the relocation permit
for the purpose of inspecting the progress of the work;
5. Upon default by the principal, the surety shall cause all required work to be
performed as set forth as stated in the investigation report and relocation
permit;
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
.e
map
.e
"M
Page 28 of 32 "'
ORDINANCE NO. 1265
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
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
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ORDINANCE NO. 1265
shall be suitably cleared, cleaned and restored to the satisfaction of the Building
Official.
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Exception: The surety may be granted a release from its obligation to perform WAW
under the conditions of the performance bond provided,
a. A written agreement is executed between surety and the division of
building and safety under which the division assumes responsibility for
causing completion of required work or demolition of the structure; and
b. A cash bond is posted by surety in the amount of the performance bond,
payable to the city, to enable the Building Official to cause the required
work of repair or demolition to be performed in accordance with
subsection (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.
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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.
Page 30 of 32 "�
ORDINANCE NO. 1265
CHAPTER 15.34
SAFETY ASSESSMENT PLACARDS
Sections:
15.34.010
Intent
15.34.020
Application of provisions
15.34.030
Definitions
15.34.040
Placards
15.34.010 Intent
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the 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
Page 31 of 32
ORDINANCE NO. 1265
not be entered under any circumstance except as authorized in writing by the
building official, or his or her authorized representative. Safety assessment
teams shall be authorized to enter these buildings at any time. This placard is not
to be used or considered as a demolition order. The individual who posts this r,
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 14tiday of November , 2013, by the following
vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER,.and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAC E LED. KLA SE ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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