HomeMy WebLinkAboutORD 918ORDINANCE NO. 918
AN ORDINANCE OF THE CITY COUNCIL CE WITH ITY CERTAIN ADDITIONS, ONS,
OF PALM DESERT,
CALIFORNIA, ADOPTING BY REFEREN
DELETIONS, AND AMENDMENTS, THE RULES,
REGULATIONS,
S ENTITLED,
AND CONDITIONS SET FORTH IN THOSE CERTAIN
"CALIFORNIA BUILDING CODE, VOLUMES 1,2, & 3; CALIFORNIA PLUMBING
CODE; CALIFORNIA ELECTRICAL CODE; CE GY CODE, MOST RECENT
ORNIA MECHANICAL CODE;
CALIFORNIA FIRE CODE; CALIFORNIA EN
EDITIONS AS ADOPTED AND
ADOPTED EDITIONS AND ALL FUTURG STANDARDS COMMISSION".
AMENDED BY THE CALIFORNIA BUILDIN
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN
as follows:
SECTION 1. BUILDING CODE ADOPTION.
A) That Section 15.04.010 of the Code of the City of Palm Desert, California, be
and the same is hereby amended to read as follows:
"Section 15 04 010 Adoption of Building Code.
That the rules, regulations, provisions and conditions set forth in those certain codes
entitled "California Building Code, Volumes 1, 2 & 3," including only Appendix Chapters 3a,
12, 15, 29, 31 Divisions 2 & 3 only, 34, subject to the particular
ition�aln'onsd all furture ed endmetnons as
ts and
deletions as contained herein, the most recent adopted
adopted and amended by the California Building Standtherreproducibleards io . OOn together
(1)full
printed copy of which, printed as a code in book form,
with additions, amendments and deletions, was by a the d assoon file are herebyty ouncil ordered iled, and have
established
actually been filed in the office of the city clerk,
and adopted as the rules, regulations, provisions and conditions to be observed and
followed for the erection, construction, enlargement, alteration, repair, moving, removal,
conversion, demolition, occupancy, equipment,
use, area and nand the nance of samebuildings
hall
structures, and/or improvements, is hereby established and adopted
be designated, known and referred to as the Municipal Building Code for the City of Palm
Desert, California."
B) That Section 15.04.020 of the Code of the City of Palm Desert, California, be
and the same is hereby amended to read as follows:
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Ordinance No. 918
"Section 15.04.020 - Amendment to the California Buildin Code.
That section 106.2 #2,5,6,10,11 and Table No. 1-A is hereby deleted in its entirety.
C) That Section 15.04.030 of the Code of the City of Palm Desert, California, be
and the same is hereby amended to read as follows:
"Section 15.04.030 - Express Findings
In accordance with the requirements of Section 17922, 17958.5 and 17958.7 of the
Health and Safety Code, the City Council of Palm Desert, California makes the following
findings:
1. That the use of asphalt floors as carport or garage surface material is
prohibited because the material deteriorates and becomes unstable due to
extreme surface temperatures, common of lower desert areas. Burn out,
rutting and cracking of surfaces creates maintenance problems not common
in other areas. It is the express findings of this council that short term
installations with high maintenance and replacement costs are not in the best
interest or welfare of the general public. Therefore, Section 1105 is hereby
amended to read as follows: In all required covered parking areas where
motor vehicles are stored or operated, including but not limited to, garages
and carports, floor surfaces shall be of approved non-combustionable
materials. Asphaltic paving materials are not allowed for use in these
occupancies.
2. That all other modifications of the Uniform Building Code are administrative
and nonsubstantive.
D) DELETION OF ORDINANCES AND PALM DESERT MUNICIPAL CODE
SECTIONS.
That Ordinance No. 409 and all amendments thereto, and all other
ordinances, or parts of ordinances in conflict therewith, be and the same are hereby
repealed. Palm Desert Municipal Code Sections are hereby deleted in their entirety
15.04.040; 15.04.045; 15.04.060; 15.04.080; 15.04.090; 15.04.100; 15.04.110; 15.04.120;
15.04.130; 15.04.140; 15.04.150; 15.04.160.
SECTION 2. MECHANICAL CODE ADOPTION.
A) That Chapter 18 be and the same is hereby amended to the Palm Desert
Municipal Code to read as follows:
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Ordinance No. 918
"Chapter 18: MECHANICAL CODE.
"Section 18.04.010 - Adoption of Mechanical Code.
"Subject to the particular additions hereinafter set forth in this ordinance, the rules,
regulations, provisions and conditions set forth in that certain code entitled, "California
Mechanical Code", the most recent edition adopted and all future editions as adopted and
amended by the California Building Standard Commission, including the Appendix and
Standards therein contained, one (1) full printed copy of which, printed as a code in book
form, or other reproducible form, was 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 an 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 erection, installation, alteration, repair, relocation,
replacement, addition to, use or maintenance of any heating, ventilating, comfort cooling,
refrigeration systems, incinerators or other miscellaneous heat producing appliances in the
City of Palm Desert, California, and subject to said additions hereinafter set forth, said code
with its appendix and standards containing such rules, regulations, standards, provisions
and conditions are hereby established and adopted and the same shall be designated,
known, and referred to as the "Mechanical Code" of and for the city.
"Sections 18.040.030 - Mechanical Code - Additions - Section 112.4
"Section 112.4 is hereby added to Chapter 1 of Part III of said Mechanical Code to
read as follows:
"Section 112.4 - Business License Reauired.
a) Before any person, firm, partnership or corporation shall carry on or engage
in the business of heating and/or air conditioning work, they or it shall first
procure a business license and pay to the department having jurisdiction, the
annual license fee imposed of such business.
1) No business license shall be issued to any person unless such person
possesses a valid C-20, and C-38 Contractors License of the State of
California.
Ordinance No. 918
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2) Whenever a business license has been issued to any person, firm,
partnership, or corporation, which applied for such license by or
through a bona -fide member or authorized agent thereof, pursuant to
the provisions of subdivision (1) hereof, such member or authorized
agent, or some other member or authorized agent or employee
possessing such valid C-20, and C-38 Contractors License of the
State of California, shall at all times be in actual charge and control of
all heating and air conditioning done or to be done by such person,
firm, partnership, or corporation.
"Section 18.04.030 - Mechanical Code - Additions - Section 112.5.
"Section 112.5 is hereby added to Chapter 1 of Part 3 of said Mechanical Code to
read as follows:
"Section 112.5 - To Whom Permits May Be Issued."
a) No permit shall be issued to any person to do or cause to be done any
heating or air conditioning installations, refrigeration installations and boiler
installations, as regulated by this code, except to a person holding a valid
unexpired and revoked city business license as required by Section 309 of
this code, except when and as otherwise hereinafter provided in this section.
b) Exception: A permit may be issued to the owner of a residential single family
dwelling pursuant to Palm Desert Municipal Code Section 15.24.100 in which
the applicant resides or intends to reside, provided, however, a qualifying
examination to determine the applicant's knowledge of mechanical systems
may be required if deemed necessary by the building official.
Exception: A permit may be issued to a licensed general contractor for minor
mechanical work, as determined by the building official providing:
1. The general contractor is applying for a concurrent building permit at
the same location and is supplying more than two (2) or more related
trades; and
2. The general contractor has a current valid city business license and
state contractor's B license.
"Section 18.04.040 - Mechanical Code - Amendments - Section 115.3.
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Ordinance No. 918
"Sub -Section 115.3 is hereby amended of the California Mechanical Code to read
as follows":
1. Plans and S)ecifications. When a plan is required and the building
official so requests, a plan checking fee shall be paid to the building
department at the time of submitting plans and specifications for
checking. Said plan checking fee shall be equal to one half of the
mechanical fee as set forth by the most current adopted fee
ordinance.
2. Sub -section 115.2 entitled permit fees is hereby deleted in its entirety.
D) DELETION OF MECHANICAL CODE ORDINANCES AND PALM DESERT
MUNICIPAL CODE SECTIONS.
That Ordinance No. 242 and all amendments thereto, and all other ordinances, or
parts of ordinances in conflict therewith, be and the same are hereby repealed. Palm
Desert Municipal Code Sections 18.04.020 and 18.04.050 is hereby deleted in their
entirety.
SECTION 3. PLUMBING CODE ADOPTION.
A) That Chapter 17 be and the same is hereby amended to the Palm Desert
Municipal Code to read as follows:
"Chapter 17: PLUMBING CODE"
"Section 17.01.010 - Adoption of Plumbing Code.
Subject to the particular additions and amendments hereinafter set forth in this
chapter, the rules, regulations, provisions and conditions set forth in that certain code
entitled, "California Plumbing Code including all Appendix chapters the most recent
adopted editions as adopted and amended by the California Building Standards
Commission one (1) full printed copy of which, printed as a code in book form, or other
reproducible form, was 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, installation, alterations, repair,
changing, removal, demolitions, condemnation, maintenance and use of plumbing, water
distribution system, house drainage, house sewers, sanitary sewers, cesspools, septic
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Ordinance No. 918
tanks, gas piping, gas water heaters, gas and water vents, swimming pool piping and
related subjects, items and matters, within the city, and for all matters and subjects referred
to and covered by said code, and subject to said additions and amendments hereinafter
set forth, the code with its appendices containing the rules, regulations, provisions and
conditions is established and adopted; and the same shall be designated, known and
referred to as the plumbing code of and for the City of Palm Desert, California.
The city council does find that the following provisions, additions and amendments thereto,
as set out in this chapter, are necessary for the proper administration of this code by the
Building and Safety Department of the City of Palm Desert.
B) That Section 17.01.202 of the Plumbing Code of the City of Palm Desert be
and the same is hereby amended to read as follows:
"Section 17.01.020. Plumbing Code Amendments"
Chapter 1, Sections 103.4.1 and 103.4.2 and Table 1 are hereby deleted.
Chapter 1, Sections 103.1.4 and 103.1.5 are hereby added to the plumbing code
to read as follows: A"
"Section 103.1 and 103.1.4. Business License Required"
Before any person, firm, partnership or cooperation shall carry on or engage in the
business of plumbing work, they or it shall first procure a business license and pay
to the department having jurisdiction, the annual license fee imposed of such
business.
1) No business license shall be issued to any person unless such person
possesses a valid C-36 Contractors License of the State of California.
2) Whenever a business license has been issued to any person, firm,
partnership, or corporation, which applied for such license by or through a
bona -fide member or authorized agent thereof, pursuant to the provisions of
subdivision (1) hereof, such member or authorized agent, or some other
member or some other member or authorized agent or employee possessing
such valid C-36 Contractor's License of the State of California, shall at all
times be in actual charge and control of all plumbing done or to be done by
such person, firm, partnership, or corporation.
N.
Ordinance No. 918
"Section 103.1.5 - To Whom Permits May Be Issued."
a) No permit shall be issued to any person to do or cause to be done any
plumbing installations, as regulated by this code, except to a person holding
a valid unexpired and revoked city business license as required by Section
30.8 of this code, except when and as otherwise hereinafter provided in this
section.
b) Exception. A permit may be issued to the owner of a residential single family
dwelling pursuant to Palm Desert Municipal Code Section 15.24.100 in which
the applicant resides or intends to reside, provided, however, a qualifying
examination to determine the applicant's knowledge of plumbing systems
may be required if deemed necessary by the building official.
Exception. A permit may be issued to a licensed general contractor for minor
plumbing work, as determined by the building official providing:
1. The general contractor is applying for a concurrent building permit at
the same location and is supplying more than two (2) or more related
trades; and
2. The general contractor has a current valid city business license and
state contractor's B license.
C) DELETION OF PLUMBING CODE ORDINANCE AND PALM DESERT
MUNICIPAL CODE SECTION.
That Ordinance No. 410 and all amendments thereto, and all other ordinances, or
parts of ordinances in conflict therewith, be and the same are hereby repealed. Palm
Desert Municipal Code Section 17.01.030; 17.01.050 and 17.01.065 are hereby deleted
in their entirety.
SECTION 4. ELECTRICAL CODE ADOPTION.
A) That Section 22.01.010 of the Code of the City of Palm Desert, California be
and the same is hereby amended to read as follows:
"Chapter 22: ELECTRICAL CODE."
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Ordinance No. 918
"Section 22.01.010 - Adoption of California Electrical Code".
That the rules, regulations, provisions and conditions set forth in that certain Code
entitled California Electrical Code, including the Appendix chapters therein contained, the
most recent adopted edition and all future editions as adopted and amended by the
California Building Standards Commission, one (1) full printed copy of which, printed as a
code in book form, or other reproducible form, was by the 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 in this chapter and made a part
of this chapter as fully and for all intents and purposes as though set forth in this chapter
at length, shall be and the same are hereby established and adopted as the rules,
regulations, provisions, and conditions to be observed and followed for the protection of
the public health, safety, and general welfare of the occupant and the public governing the
erection, construction, enlargement, conversion, alteration, repair, removal, demolition,
occupancy, use and maintenance of all electrical systems within the corporate city limits,
is hereby established and adopted and the same shall be designated, known and referred
to as the Municipal Electrical Code of and for the City of Palm Desert, California.
B) DELETION OF ORDINANCES AND PALM DESERT MUNICIPAL CODE
SECTION.
That Ordinance No. 292 and all amendments thereto, and all other ordinances, or
parts of ordinances in conflict therewith, be and the same are hereby repealed. Palm
Desert Municipal Code Sections 22.01.070; 22.01.080; 22.01.090 and 22.01.100 are
hereby deleted in their entirety.
C) That Section 22.01.070 of the Code of the City of Palm Desert be added to
read as follows:
"Section 22.01.070 - Express Findings".
In accordance with the requirements of Section 17922, 17958.5 and 17958.7 of the
Health and Safety Code, the City Council of Palm Desert, California makes the following
findings:
1. The use of aluminum and copper coated aluminum conductors, feeder
conductors, feeder conductors, branch circuit conductors, taps and service
entrance cable expressly prohibited notwithstanding all provisions of the
California Electrical Code. "The co -efficient of expansion of aluminum has
created untold problems whereby outside ambient temperatures in sunlight an"
reach 160 degrees F+. When load is applied which generates additional
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Ordinance No. 918
heat, failure occurs and creates motor burnout, fires, electrical shock and
hazards detrimental to the general public".
2. In all cases and if permitted, Types NM and NMC cables shall be restricted
to single family and multiple dwelling constructions and accessory uses
pertaining to the above categories. All other structures of a commercial or
industrial use shall be wired in metallic or rigid non-metallic systems
approved for that use. This finding is necessary due to extreme
temperatures and fire hazards associated with and in conjunction with
specific uses.
SECTION 5. FIRE CODE ADOPTION.
A) That Section 15.16.010 of the Code of the City of Palm Desert, California be
and the same is hereby amended to read as follows:
"Section 15.16.010 - Adoption of the Fire Code".
There is adopted by the city for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion, that certain code known
as the California Fire Code the most recent adopted edition and all future editions as
adopted and amended by the California Building Standards Commission, thereof, and the
whole thereof, including all Appendix chapters of which code not less than one (1) copy in
book form or other reproducible form, have been and are now filed in the office of the clerk
of the city and the same are adopted and incorporated as fully as if set out at length in this
chapter, and from the date on which the ordinance codified in this chapter takes effect, the
provisions thereof shall be controlling within the limits of the city.
B) DELETION OF PALM DESERT MUNICIPAL CODE SECTIONS.
The following Palm Desert Municipal Code Sections are in conflict with the adoption
of the current edition of the California Fire Code so they are hereby deleted in their entirety.
Palm Desert Municipal Code Sections 15.16.013; 15.16.014; 15.16.015; 15.16.020;
15.16.030; 15.16.040; Exhibit 15.16.040-A; Exhibit 15.16.040-B; 15.16.080; 15.16.090;
15.16.100; 15.16.103; 15.16.104; 15.16.130; 15.16.140; 15.16.150; 15.16.160; 15.16.170
are hereby deleted in their entirety.
SECTION 6. ENERGY CODE ADOPTION.
A) That Section 18.04.050 of the Code of the City of Palm Desert is hereby
created to read as follows:
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Ordinance No. 918
"Section 18.04.050 - Adoption of the Energy Code."
That the rules, regulations, provisions and conditions set forth in that certain code
entitled the California Energy Code, the current edition as adopted and all future editions
as adopted and amended by the California Building Standards Commission, one (1) full
copy of which printed as a code in book form, or other reproducible form, whereby the city
council ordered filed, and have actually been filed in the office of the city clerk and as so
on file are hereby established and adopted as rules, regulations, provisions, and conditions
to be observed and followed for the minimum standards for energy conservation for newly
constructed or remodeled non-residential and residential buildings, structures and/or
improvements is hereby established and adopted and the same shall be designated,
known and referred to as the energy code for the City of Palm Desert, California.
SECTION 7. APPLICATION AND LOCAL EFFECTIVE DATE FOR FUTURE
EDITIONS OF THE CALIFORNIA CODES AS ADOPTED BY THE CALIFORNIA
BUILDING STANDARDS COMMISSION
A) That Section 15.04.020 be added to the code of the City of Palm Desert,
California, be and the same to ready as follows:
"Section 15.04.020 - Application and Local Effective Date for Future Editions of the
California Codes as Adopted by the California Building Standards Commission."
Notwithstanding the provisions of Section 18938 of the California Health and Safety
Code all future editions of the building standard listed in the California Building Code,
California Electrical Code, California Mechanical Code, California Plumbing Code,
California Fire Code, and the California Energy Code shall become effective within the City
of Palm Desert, California 180 days after publication in the California Building Standards
Code by the California Building Standards Commission.
SECTION 8. - SEVERABILITY.
That is any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionally of the remaining portions of this ordinance. The City of Palm Desert
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
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Ordinance No. 918
SECTION 9. - 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 15 days of adoption in the Desert Sun, a newspaper
published and circulated within the City of Palm Desert, California, and the same shall be
in full force and effect 30 days after adoption.
PASSED, APPROVED, and ADOPTED this 8th day of July 1999 , by
the City Council of the City of Palm Desert, California, by the following vote:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
00
ROBERT SPIEGEL MA
ATTEST:
��2 �
SHEILA R. CgtL'IAN, CITYLERK
CITY OF PALM DESERT, CALIFORNIA
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