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Home My WebLink AboutORD 411I ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 19 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT SWIMMING POOL CODE" WITH CERTAIN ADDITIONS, DE- LETIONS AND AMENDMENTS. THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM SWIMMING POOL CODE, 1982 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1. AMENDMENT. That Chapter 19 of the Palm Desert Municipal Code be and the same is hereby established to read as follows: "Chapter 19. SWIMMING POOL CODE. Section 19.01.010 - Adoption of Uniform Swimming Pool Code. Subject to the particular additions and amendments hereinafter set forth in this Ordinance, the rules, regulations, provisions and conditions set forth in that certain Code entitled, "Uniform Swimming Pool Code, 1982 Edition", including the Appendices and Installation Standards therein contained, promulgated and published by the International Association of Plumbing and Mechanical Officials, three full printed copies of which, printed as a Code in book form, were by the City Council ordered filed and which have been actually filed in the office of the City Clerk, and which as so on file are hereby referred to and by this reference expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed in the construction, erection, installations, alterations, repair, changing, removal, demolitions, condemnation, maintenance and use of plumbing, water distribution system, pool drainage, gas piping,•gas and electric pool heaters,, gas and water vents, swimming pool piping and related electrical connections and subjects referred to and covered by said Code, and subject to said additions and amendments hereinafter set forth, said Code with its said Appendices containing said rules, regulations, provisions and conditions is hereby established and adopted, and the same shall be designated, known and referred to as the Swimming Pool Code' of and for the said City of Ordinance No. 411 Page 2 Palm Desert, California. That the City Council does hereby find that the following provisions, additions and amendments thereto are necessary for the proper administration of this Code by the Building and Safety Department of the City of Palm Desert. Section 19.01.020 - Swimming Pool Code: Additions: Sec. 1.0. Sec. 1.0. Provisions. This Code provides the minimum standards for the protection of the public health and safety; the qualifications of persons engaged in the trade of swimming pool construction requiring a permit and inspection for the installations, alteration or repair of plumbing and drainage systems and the inspection thereof; providing penalties for violations of said Code and repealing conflicting ordinances. If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconsti- tutional by the decision of any court or competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Code. Section 19.01.030 - Swimming Pool Code: Addition: Sec. 1.3. Sec. 1.3 is hereby added to said Swimming Pool Code to read as follows: Sec. 1.3. Valid Swimming Pool Contractor's License and Business License. a. It shall be unlawful for any person, firm, or partnership or corporation to carry on or engage in the business of contract swimming pool construction unless such person has had issued to him a valid State Contractor's Swimming Pool License. Before any person, firm, partnership, or corporation shall carry on, or engage in the business of swimming pool construction, he or it shall first procure a business license from the City and pay to the department having jurisdiction the annual license fee imposed on such business. b. No business license shall be issued to any person unless such person possesses a valid and current C-53 State Contractor's License of the State of California issued to him pursuant to ordinance No. 411 �Page3 and in accordance with the laws of the State of California; provided, however, that a business license may be issued to any person, firm, partnership or corporation who makes appli- cation for such license by or through a bona fide member or authorized agent thereof, who possesses such valid C-53 State Contractor's License of the State of California. Exception: A permit may be issued to a licensed general con- tractor for swimming pool construction, as determined by the Building Official providing: A. The general contractor is applying for a concurrent building permit at the same location and is supplying two or more related trades; and B. The general contractor has a current valid City Business License and State Contractors B-1 license. Exception: A permit may be issued to the owner of a resi- dential single family dwelling in which the applicant re- sides or intends to reside, provided, however, a qualifying examination to determine the applicants' knowledge of plumb- ing systems may be required if deemed necessary by the Build- ing Official. C. Whenever a business license has been issued to any person, firm, partnership or corporation who applies for such license by or through a bona fide member or authorized agent or employee possessing such valid C-53 State Contractor's License of the State of California, said licensee shall at all times be in actual charge and control of all swimming pool construc- tion done or to be done by such person, firm, partnership or corporation. Section 19.01.040 - Swimming Pool Code: Addition: Sec. 1.6. Sec. 1.6. is hereby added to said Swimming Pool Code to read as follows: Sec. 1.6. Cost of. Permit and Schedule of Fees. Each applicant shall pay for each permit issued at the Lime of issuance a fee in accordance with the applicable schedule and at the rate provided by resolution of the City Council. SECTION 2. DELETIONS. That those sections and provisions of the Palm Desert Municipal Code not formerly contained in the Uniform Swimming Pool Code are hereby deleted having been expressly incorporated into and made a part of the existing current model Code by the process of adoption by reference of the 1982 Swimming Pool Code. Section 19.01.050 - Deleted. Ordinance No. 411 Page 4 Sec. 1.11 of Part 1 of the 1982 Swimming Pool Code identified as "Cost of Permit" is hereby deleted in its entirety and at length including "Schedule of Fees". Violations and penalties shall comply l,l� with the Provisions of Chapter * of the Palm Desert Municipal Code. SECTION 3. PRESERVATION OF HEALTH, WELFARE AND SAFETY. That this City Council does hereby find that the adoption of this Code with the addi- tions, amendments and changes thereto, are necessary for the preservation of health, welfare and safety within the corporate boundaries of the City of Palm Desert. SECTION 4. REPEAL OF ORDINANCES. That Ordinance No. 248 and all amendments thereto, and all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. CITY CLERK'S CERTIFICATION. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after adoption. PASSED, APPROVED and ADOPTED this loth day of January , 1985, by the City Council of the City of Palm Desert, California, by the following vote: AYES: BENSON, JACKSON, KELLY AND WILSON NOES: NONE ABSENT: SNYDER ABSTAIN: NONE Richard S. Kelly, Mayor P City of Palm Desert, Cali ATTEST: SHEILA R. GITV1GANL, CW CLERK City of Palm Desert, lifornia [pore