HomeMy WebLinkAboutORD 1310ORDINANCE NO. 1310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2016 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 2016 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
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. 1310
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
Section 1 That Ordinance No. 1265 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
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 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, 2016 Edition, (CBC), as developed by the State
of California, based on the 2015 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.
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ORDINANCE NO. 1310
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 3 feet 6 inches (1066.8 mm) high.
4. Retaining walls that are not over 3 feet 6 inches (1066.8 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)
ORDINANCE NO. 1310
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
Except as provided in this chapter, those certain building codes known and designated as
the California Building Code, Title 24, Part 2, 2016 Edition, (CBC), including Appendix
Chapters , C and I, as adopted by the State of California, based on the 2015 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, 2016 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,
2016 Edition, (CRC), including Appendix Chapters H, and S, as adopted by the State of
California, based on the 2015 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.
ORDINANCE NO. 1310
15.06.020 Amendments to the California Residential Code
A. Amending Section R105.2 Work exempt from permit
Building:
2. Fences not over 3 feet 6 inches (1066.8 mm) high.
3. Retaining walls that are not over 3 feet 6 inches (1066.8 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,
2016 Edition, (CIVIC), including Chapter 1, Division II, and Appendix Chapters B, C, and
D, as adopted by the State of California, based on the 2015 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 104 Fees.
104.5 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 104.3.2 Plan Review Fees.
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ORDINANCE NO. 1310
C. Amending Section 105.2.6 Reinspections.
Fourth paragraph of section 105.2.6 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
15.10.010 Adoption of the California Electrical Code
Except as provided in this chapter, the California Electrical Code, Title 24, Part 3, 2016
Edition, (CEC), as adopted by the State of California, based on the 2014 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
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, 2016
Edition, (CPC), including Chapter 1, Division II, and Appendix A, B, D, H, I, and J, as
adopted by the State of California, based on the 2015 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.
ORDINANCE NO. 1310
15.12.020 Amendments to the California Plumbing Code
A. Amending Section 104.5 Fees.
104.5 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 104.3.2 Plan Review Fees.
C. Amending Section 105.2.6 Reinspections.
Fourth paragraph of section 105.2.6 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.
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,
2016 Edition," including the appendices thereof, as approved and copyrighted by the
"California Building Standards Commission", 2525 Natomas Park Drive, Suite 130,
Sacramento, California, 95833-2936, 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.
ORDINANCE NO. 1310
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
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:
ORDINANCE NO. 1310
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.
ORDINANCE NO. 1310
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
15.18.010 Adoption of the California Green Building Standards Code
That certain document in book form entitled California Green Building Standards Code,
Title 24, Part 11, 2016 Edition, (CGBSC), copyrighted by the "California Building
Standards Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California,
95833-2936, 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 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, 2016 Edition, (CHBC), copyrighted by the "California Building Standards
Commission", 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-
2936, 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
P��r,� 10 ("f 3'5
ORDINANCE NO. 1310
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.
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,
2016 Edition, (CEBC), based on the 2015 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.
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ORDINANCE NO. 1310
CHAPTER 15.26
FIRE CODE
Sections:
15.26.010 Adoption of the California Fire Code
15.20.020 Outdoor fires prohibited
15.26.010 Adoption of the California Fire Code
Section 1.
FINDINGS. The City of Palm Desert finds the following:
Climatic Conditions:
A. The City of Palm Desert located in Riverside County is located in Southern
California and covers a vast and varied geographic area. The base climate in
western Riverside County consists of semi -arid Mediterranean weather patterns.
Eastern Riverside County is a desert area with Mohave Desert temperatures and
weather patterns. Those two primary areas are divided by the San Bernardino
Mountain Range. Both areas outside of the mountain terrain annually experience
extended periods of high temperatures with little or no precipitation. Hot, dry winds,
which may reach speeds of 70 M.P.H. or greater, are common to the area.
Examples are: Santa Ana/ Foehn winds, afternoon surface -heating generated
winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and common
building materials. Frequent periods of drought and low humidity add to the fire
danger. This predisposes the area to large destructive fires (conflagration) which
necessitates rapid identification, locating and extinguishment of all fires in the
smallest stage possible. In addition to directly damaging or destroying buildings,
these fires are also prone to disrupt utility services throughout the County.
Obstacles generated by a strong wind, such as fallen trees, street lights and utility
poles, will greatly impact the response time to reach an incident scene. During
these winds, the inability to use aerial type firefighting apparatus would further
decrease our ability to stop fires in large buildings and place rescue personnel at
increased risk of injury.
B. Although Riverside County and the City of Palm Desert occasionally experiences
periods of significant drought, the County can also experience periods of
substantial rainfall. Annual rainfall varying from three (3) inches in Blythe to over
thirty three (33) inches in Pine Cove. When Riverside County does experience
heavy rain, or rain over a period of days or weeks, many areas of the County are
subject to flooding. Runoff from rain drains either naturally into rivers, washes, and
creeks or into flood control facilities. Flash flooding is also a common problem,
especially in the Coachella Valley and the easterly portions of the county. Flash
flooding is typically associated with short duration, high intensity precipitation
ORDINANCE NO. 1310
events often associated with summer thunderstorms. Such events can occur even
during a drought.
C. Water demand in densely populated Southern California far exceeds the quantity
supplied by natural precipitation; and although the population continues to grow,
the already -taxed water supply does not. California is projected to increase in
population by nearly 10 million over the next quarter of a century with 50 percent of
that growth centered in Southern California. Due to storage capacities and
consumption, and a limited amount of rainfall future water allocation is not fully
dependable. This necessitates the need for additional and on -site fire protection
features. It would also leave tall buildings vulnerable to uncontrolled fires due to a
lack of available water and an inability to pump sufficient quantities of available
water to floors in a fire.
D. These dry climatic conditions and winds contribute to the rapid spread of even
small fires originating in high -density housing or vegetation. These fires spread
very quickly and create a need for increased levels of fire protection. The added
protection of fire sprinkler systems and other fire protection features such as
identification and notification will supplement normal fire department response by
providing immediate protection for the building occupants and by containing and
controlling the fire spread to the area of origin. Fire sprinkler systems will also
reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural: The topographical conditions of Riverside County varies from three
hundred (300) feet below sea -level, flat desert communities, to mountains over ten
thousand (10,000) feet in Alpine -like areas of the San Bernardino Mountain Range.
In between these areas, developable slopes of 25 percent and greater generally
occur throughout the foothills. Riverside County extends from Orange County to
the State of Arizona and is mixed with congested urban areas, rural lands and wild
lands. A large number of sensitive habitats for various animal species and
vegetation consist within large open space areas between major urban centers that
impact building and structure location, which impedes emergency access and
response. This variety in regions contributes to an increased emergency response
time, which necessitates cooperation between local agencies.
B. Traffic and circulation congestion is an artificially created, obstructive topographical
condition, which is common throughout Riverside County.
C. These topographical conditions combine to create a situation, which places fire
department response time to fire occurrences at risk, and makes it necessary to
provide automatic on -site fire -extinguishing systems and other protection
measures to protect occupants and property.
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ORDINANCE NO. 1310
III. Geological Conditions
Located within Riverside County are several known active and potentially active
earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the
event of an earthquake, the location of the epicenter as well as the time of day and
season of the year would have a profound effect on the number of deaths and
casualties, as well as property damage.
The major form of direct damage from most earthquakes is damage to construction.
Bridges are particularly vulnerable to collapse, and dam failure may generate major
downstream flooding. Buildings vary in susceptibility, dependent upon construction and
the types of soils on which they are built. Earthquakes destroy power and telephone
lines; gas, sewer, or water mains; which, in turn, may set off fires and/or hinder
firefighting or rescue efforts. The hazard of earthquakes varies from place to place,
dependent upon the regional and local geology. Ground shaking may occur in areas 65
miles or more from the epicenter (the point on the ground surface above the focus).
Ground shaking can change the mechanical properties of some fine grained, saturated
soils, where upon they liquefy and act as a fluid (liquefaction).
A. Previous earthquakes in southern California have been accompanied by disruption
of traffic flow and fires. A severe seismic event has the potential to negatively
impact any rescue or fire suppression activities because it is likely to create
obstacles similar to those indicated under the high wind section above. With the
probability of strong aftershocks there exists a need to provide increased ^--
protection for anyone on upper floors of buildings.
B. Road circulation features located throughout the County also make amendments
reasonably necessary. Located through the County are major roadways, highways
and flood control channels that create barriers and slow response times. Hills,
slopes, street and storm drain design accompanies with occasional heavy rainfall,
causes roadway flooding and landslides and at times may make an emergency
access route impassable. There are areas in Riverside County that naturally have
extended emergency response times that exceed the 5 minute goal.
California Health and Safety Code Sections 17958.7 and 18941.5 require that the
modification or change be expressly marked and identified as to which each finding
refers. Therefore the City Council finds that the following table sets forth the 2016
California Fire Code sections that have been modified and the associated local climatic,
geological and/or topographical conditions described above supporting the modification.
ORDINANCE NO. 1310
2016 CODE
SECTION
TITLE/SUBJECT
FINDINGS I,
II, III
101.4
Severability
Administrative
102.5
Application of the residential code
I, II & III
103.4 and 103.4.1
Liability
Administrative
104.1.1
Authority of the Fire Chief and Fire Department
Administrative
104.12
Authority of the Fire Chief to close hazardous fire
areas
Administrative
108.1
Board of Appeals established
Administrative
109.4
Violation and Penalties
Administrative
113.2
Fees
Administrative
113.6
Cost Recovery
Administrative
202
Fire Chief
Administrative
503.2.1
Dimensions
Administrative
503.2.2
Authority
Administrative
503.6.1
Automatic opener
Administrative
503.7
Loading areas and passenger drop-offs
Administrative
507.5.7
Fire hydrant size and outlets
I & III
507.5.8
Fire hydrant street marker
I, II & III
508.1, 508.1.1,
508.1.3, 508.1.6,
508.1.8
Fire command center
I, II & III
509.2.1
Minimum clearances
I & III
606.10.1.2
Manual operation
II & III
903.2
Where required automaticsprinkler systems)
I, II & III
903.3.5.3
Hydraulically calculated systems
I & II
3204.2.1
Minimum requirements for client leased or occupant
I, II & III
4904.3
High Fire Hazard Severity Zone Maps
Administrative
App Ch B, Table
B105.2
Buildings other than one- or two-family dwellings
I, II & III
App Ch C, C103.1
Fire hydrant location
I, II & III
Section 2.
PURPOSE. The purpose of this ordinance is to adopt the 2016 California Fire Code,
California Code of Regulations, Title 24, Part 9, as amended, to govern the
safeguarding of life and property from fire, explosion hazards and hazardous conditions
and to regulate the issuance of permits and collection of fees.
Section 3.
AUTHORITY. This ordinance is adopted pursuant to Health and Safety Code Sections
17958, 17958.5, 17958.7 and 18941.5 which allow a city or county to adopt
modifications or changes to the California Fire Code that are reasonably necessary
because of local climatic, geological and topographical conditions.
ORDINANCE NO. 1310
Section 4.
APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE. Except as stated
in this Section or as amended below in Section 5 of this Ordinance, all of the provisions
and appendices of the 2016 California Fire Code, inclusive of all of the inclusions and
exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the
City of Palm Desert. In addition, the following provisions that are excluded in the 2016
California Fire Code are hereby adopted - Chapter 1, Division 11 of the California Fire
Code is hereby adopted, except that Section 103.2 and 108.3 are not adopted, and
Chapters 3, 25, and Sections 403.12, 503, 510.2, and 1103.2 are adopted.
Section 5.
AMENDMENTS TO CALIFORNIA FIRE CODE:
A. SCOPE AND GENERAL REQUIREMENTS
1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with
the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance
or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of
this ordinance are hereby declared to be severable.
B. APPLICABILITY
1. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and
constructed in accordance with the California Residential Code, the provisions of this
code shall apply as follows:
1. Construction and design provisions of this code pertaining to the exterior of the
structure shall apply including, but not limited to, premises identification, fire
apparatus access and water supplies. Where interior or exterior systems or
devices are installed, construction permits required by Section 105.7 of this code
shall apply.
2. Administrative, operational and maintenance provisions of this code shall
apply.
3. Automatic fire sprinkler system requirements of this code shall apply to
detached accessory buildings 3,000 square feet or greater in accordance with
Section 903.2. The provisions contained in Section 903.2.18 of the California
Fire Code or Section R309.6 of the California Residential Code may be used for
the design of the automatic fire sprinkler system for detached private garages.
ORDINANCE NO. 1310
C. DEPARTMENT OF FIRE PREVENTION
1. Sections 103.4 and 103.4.1 of the California Fire Code are deleted in their entirety
and replaced with the following:
103.4 Liability. Any liability against Riverside County or the City of Palm Desert or
any officer or employee for damages resulting from the discharge of their duties shall
be as provided by law.
D. GENERAL AUTHORITY AND RESPONSIBILITIES.
1. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read
as follows:
104.1.1 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 City
Council.
2. The Fire Chief is authorized to administer, interpret and enforce this ordinance.
Under the Fire Chief's direction, the Riverside County Fire Department is authorized
to enforce ordinances of the City of Palm Desert pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and other private fire
alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire hazards on
land, in buildings, structures and other property, including those under
construction.
2.7. The maintenance of means of egress.
2.8. 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:
3.1. The Unit Chief, Peace Officers and Public Officers of the California
Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County
Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
ORDINANCE NO. 1310
3.4. The Police Chief and any police officer of any city served by the Riverside
County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Palm Desert Code Enforcement Department.
3.7. Peace Officers of the California Department of Parks and Recreation.
3.8. The law enforcement officer of the Federal Bureau of Land Management.
2. A new Section 104.12 is added to Section 104 of the California Fire Code to read as
follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. 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
Riverside County Board of Supervisors and/or the City Council within fifteen (15)
calendar days of the Fire Chiefs original order of closure. Upon such 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. For the purpose of this section,
"hazardous fire area" shall mean public or private land that 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.
E. BOARD OF APPEALS
1. Section 108.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
108.1 Board of appeals established. The Board of Appeals shall be the City
Manager. If he or she determines an outside board is needed, he or she shall
designate an outside hearing officer to hear the appeal. The Fire Chief shall be
notified of any appeal and the Fire Chief or designee shall be in attendance at the
appeal hearing. Depending on the subject of the appeal, specialized expertise may
be solicited, at the expense of the applicant, for the purpose of providing input to the
Appeals Board.
F. VIOLATIONS.
1. Section 109.4 of the California Fire Code is deleted in its entirety and replaced with
the following:
ORDINANCE NO. 1310
109.4 Violation and penalties. It shall be unlawful for any person, firm, corporation
or association of persons to violate any provision of this ordinance, or to violate the
provisions of any permit granted pursuant to this code or Ordinance. Punishments
and penalties for violations shall be in accordance with the City of Palm Desert
ordinances, fee schedule and Health and Safety Code Sections 17995 through
17995.5.
G. FEES
1. Section 113.2 of the California Fire Code is deleted in its entirety and replaced with
the following:
113.2 Schedule of permit fees. Fees for services and permits shall be as set forth
in the City of Palm Desert fee schedule.
2. A new Section 113.6 is added to Section 113 of the California Fire Code to read as
follows:
113.6 Cost recovery. Fire suppression, investigation, rescue or emergency medical
costs are recoverable in accordance with Health and Safety Code Sections 13009
and 13009.1, as may be amended from time to time. Additionally, any person who
negligently, intentionally or in violation of law causes an emergency response,
including, but not limited to, a traffic accident, spill of toxic or flammable fluids or
chemicals is liable for the costs of securing such emergency, including those costs
pursuant to Government Code Section 53150, et seq, as may be amended from time
to time. Any expense incurred by the Riverside County Fire Department for securing
such emergency shall constitute a debt of such person and shall be collectable by
Riverside County in the same manner as in the case of an obligation under contract,
express or implied.
H. DEFINITIONS.
1. Section 202, definition of "Fire Chief' in the California Fire Code is deleted in its
entirety and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee.
I. FIRE APPARATUS ACCESS ROADS.
1. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width
of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved
security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements
ORDINANCE NO. 1310
or alternatives see Riverside County Fire Department Standards and Policies, as
may be amended from time to time.
2. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with
the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to
designate fire apparatus access roads and fire lanes and to modify the minimum fire
lane access widths for fire or rescue operations.
3. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read
as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to
be automatically opened remotely by emergency vehicle in accordance with
Riverside County Fire Department standards and Policies, as may be amended from
time to time.
Exception: Gates serving individual one- and two-family dwelling parcels.
4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as
follows:
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.
J. FIRE PROTECTION WATER SUPPLIES
1. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as
follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire
hydrant sizes and outlets shall be based on the following:
1. Residential Standard - one (1) four (4) inch outlet and one (1) two and 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 %Z) inch outlet.
2. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as
follows:
t�� ��ri c�(1 (I ..i'+
ORDINANCE NO. 1310
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually
indicated in accordance with Riverside County Fire Department Technical Policy 06-
11, as may be amended from time to time. Any 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 removal or damage.
K. FIRE COMMAND CENTER
1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
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, in buildings greater
than 300,000 square feet in area and in Group 1-2 occupancies having occupied
floors located more than 75 feet above the lowest level of fire department vehicle
access, a fire command center for fire department operations shall be provided and
comply with Sections 508.1.1 through 508.1.7.
2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
508.1.1 Location and access. The fire command center shall be located adjacent
to the main lobby and shall be accessible from fire department vehicular access or
as approved by the fire code official. The room shall have direct access from the
building exterior at the lowest level of fire department access.
3. Section 508.1.3 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is greater than
300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a
minimum dimension of 8 feet (2438mm).
4. Section 508.1.6 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is greater than
300,000 square feet in area shall comply with NFPA 72 and contain the features set
forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in
Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be
required when such building contains systems or functions related to these features.
5. A new Section 508.1.8 is added to Section 508 of the California Fire Code to read as
follows:
508.1.8 Fire command center identification. The fire command center shall be
identified by a permanent easily visible sign stating "Fire Dept. Command Center,"
located on the door to the fire command center.
ORDINANCE NO. 1310
L. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND
LOCATION
1. Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained
around the circumference of 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. MECHANICAL REFRIGERATION.
1. Section 606.10.1.2 of the California Fire Code is deleted in its entirety and replaced
with the following:
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. AUTOMATIC SPRINKLER SYSTEMS.
1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with
the following:
903.2 Where required. In all new buildings and structures which are 3,000 square
feet or greater, an approved automatic sprinkler system shall be provided regardless
of occupancy classification. The fire -resistive walls shall not be considered for
reducing the fire area of the building and structures for the purposes of this section.
Where the Sections 903.2.1 — 903.2.19 of the California Fire Code require more
restrictive requirements than those listed below, the more restrictive requirement
shall take precedence.
Exception: Unless required elsewhere in this code or the California Building
Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for agricultural or livestock
purposes, less than 5,500 square feet, and having setback distances of 50
feet or more from the property line and other buildings.
2. Detached non-combustible equestrian arena shade canopies that are
open on all sides and used for riding only - no commercial, assembly or
storage uses.
3. Detached fabric or non-combustible shade structures that are open on all
sides and used to shade playground equipment, temporary storage of
vehicles and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500 square feet.
5. Where determined by the Fire Chief that no major life safety hazard exists,
ORDINANCE NO. 1310
and the fuel load does not pose a significant threat to firefighter safety or to
other structures or property, automatic fire sprinklers may be exempted.
One- and two-family dwellings shall have an automatic fire sprinkler system
regardless of square footage in accordance with the California Residential Code.
Fire sprinkler systems shall be installed in mobile homes, manufactured homes and
multifamily manufactured homes with two dwelling units in accordance with Title 25
of the California Code of Regulations.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read
as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated
fire sprinkler systems shall not exceed 90% of the water supply capacity.
O. DESIGNATION OF HIGH -PILED STORAGE AREAS.
1. A new Section is added to Section 3204.2 of the California Fire Code to read as
follows:
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.
_' ,�i of 35
ORDINANCE NO. 1310
P. FIRE HAZARD SEVERITY ZONES.
1. A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as
follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government
Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are
designated as shown on a map titled Very High Fire Hazard Severity Zones, dated
December 24, 2009 and retained on file at the office of the Fire Chief, which
supersedes other maps previously adopted designating high fire hazard areas.
Q. APPENDIX B.
1. Table B105.2 of the California Fire Code is amended as follows:
TABLE B105.2
REQUIRED FIRE -FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC
MINIMUM FIRE -FLOW
FLOW DURATION
SPRINKLER SYSTEM
(gallons per minute)
(hours)
(Design Standard
No automatic sprinkler
Value in Table B105.1(2)
Duration in Table
system
B105.1(2
Section 903.3.1.1 of
50% of the value in Table
Duration in Table
the California Fire
B105.1(2)a
B105.1(2) at the
Code
reduced flow rate
Section 903.3.1.2 of
50% of the value in Table
Duration in Table
the California Fire
B105.1(2)b
B105.1(2) at the
Code
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire -flow shall be not less than 1,000 gallons per minute.
b. The reduced fire -flow shall be not less than 1,500 gallons per minute.
R. APPENDIX C.
1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with
the following:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing
required access to buildings in accordance with Section 503 of the International Fire
Code shall be provided with one or more fire hydrants, as determined by Section
C102.1. Where more than one fire hydrant is required, the distance between
required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire
hydrants shall be provided at street intersections. ��.
ORDINANCE NO. 1310
15.26.020 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 marshal, 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. Persons violating this section shall be subject to the
penalties. (Ord. 1265 § 2, 2013)
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:
ORDINANCE NO. 1310
TABLE 15.28.020A
Distance From Street
to Buildin
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"
2Y2"
'/2"
12'
36'
45'
10"
3"
%11
14'
46'
55'
10"
3'/2"
3/a"
16'
56'
65'
10"
4"
3/"
18'
66'
75'
10"
4'/2"
-1/8"
20'
76'
85'
12"
5"
ill
22'
86'
95'
12"
5'/2"
1 %a"
24'
96'
200'
12"
6"
1'/<"
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 000
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.
P�Ige � 6 of '',5
ORDINANCE NO. 1310
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.
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,
P� c�: �1 T cr 35
ORDINANCE NO. 1310
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
15.32.020
15.32.030
15.32.040
15.32.050
Permits Required
Application and Investigation Fee
Investigation and Report
Denial of Permit
Security Required
Paris 28 of 35
ORDINANCE NO. 1310
15.32.060
Conditions of Security
15.32.070
Permit Issuance and Fees
15.32.080
General Requirements
15.32.090
Expiration of Permits
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
ORDINANCE NO. 1310
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
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 M
as estimated by the Building Official;
ORDINANCE NO. 1310
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.
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.
Page 31 6-6
ORDINANCE NO. 1310
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
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
1. 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
ORDINANCE NO. 1310
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
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
ORDINANCE NO. 1310
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.
Sections:
15.34.010
15.34.020
15.34.030
15.34.040
15.34.010 Intent
CHAPTER 15.34
SAFETY ASSESSMENT PLACARDS
Intent
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
ORDINANCE NO. 1310
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
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 10 day of November, 2016, by the following vote,
to wit:
AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
0"', Z- /�
RAdiELLE D. KLASSEN, CI CLERK
CITY OF PALM DESERT, CALIFORNIA