HomeMy WebLinkAboutOrd 1145 2007 Editions Building & Safety Code CITY OF PALM DESERT
DEPARTMENT of BUILDING AND SAFETY �
STAFF REPORT
Request: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT AMENDING SPECIFIED CHAPTERS
OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2007
EDITIONS OF THE CALIFORNIA CODES AND RELATED
MODEL CODES WITH SELECTED APPENDICES AND
AMENDENTS THERETO AND MODIFY SECTION 8.70.010
AND 8.70.040 RELATING TO PROPERTY MAINTENANCE.
SUBMITTED BY: Russell Grance, Director of Building and Safety
DATE: December 13, 2007
CONTENTS: I. Staff Report
II. Ordinance No. 1145
Recommendation:
[Second Reading]
Waive further reading and pass Ordinance No. 1145.
Discussion:
The state's Health and Safety Code requires local governments to adopt the
most recent editions of the model codes related to construction. The
construction codes include: the California Building, Plumbing, Mechanical, and
Electrical Codes, and other related codes. If the City Council approves
Ordinance No. 1145, the most recent editions of the construction codes with the
applicable amendments will be in effect within the City of Palm Desert as
required by State law.
The state's Health and Safety Code (Section 17958) mandates that the California
Building Standards Commission adopt and publish the California Building
Standards Code (Title 24 California Code of Regulations [CCR]) every three (3)
years. The 2007 Edition of the California Code of Regulations Title 24, which
incorporates the below-listed model codes, becomes effective statewide on
January 1, 2008. If approved, Ordinance No. 1145 would amend various
sections of the Palm Desert municipal code by repealing references to the prior
editions of the Construction Codes.
The list below identifies the model codes upon which the 2007 Title 24, CCR is
based:
California Building Standards Code Reference Model Code
2007 California Building Code 2006 International Building Code(ICC)
2007 California Plumbing Code 2006 Uniform Plumbing Code (IAPMO)
2007 California Mechanical Code 2006 Uniform Mechanical Code (IAPMO)
2007 California Electrical Code 2005 National Electrical Code (NFPA)
2007 California Fire Code 2006 International Fire Code (ICC)
2007California Existing Building Code 2006 International Existing Building Code (ICC)
The construction codes proposed for adoption by reference with amendments include
the following:
2007 California Building Code
2007 California Plumbing Code
2007 California Mechanical Code
2007 California Electrical Code
2007 California Fire Code
2007 California Existing Building Code
These related codes are based upon and are consistent with the provisions found in the
California Building Standards Code. The benefit of adopting these additional codes is to
provide building and fire inspectors/officials and plan examiners with further clarification
of the intent and the applicability of the California Building Standards Code when
presented with a variety of construction issues.
The Department of Building and Safety recommends that changes and modifications be
made to the Codes and are advising that certain changes and modifications to the 2007
Editions of the California Building, Plumbing, Mechanical, Electrical, Fire and Existing
Building Codes are reasonably necessary due to local conditions in the City of Palm
Desert. Extreme temperatures, high winds, and the city's physical proximity to know
active earthquake faults are some of the local conditions necessitating these
modifications to the 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.
Ordinance No. 1145 sets forth a number of findings, summarized below, which are
necessary to enable the City to amend the new building and related codes to meet our
local conditions. Ordinance No. 1145 updates Titles 15, 16, 17, 18, 19, 20, and 21 of the
Palm Desert Municipal Code by amending the 2007 Editions of the California Building,
Plumbing, Mechanical, Electrical and Fire Codes.
There are a total of two findings in Ordinance No. 1145 which address one amendment
to the Building, none to the Plumbing Code, none to the Mechanical Code, none to the
Electrical Code, and ten amendments to the Fire Code as follows:
The following is a brief overview of the proposed amendments to the California
codes.
SECTION 1
Palm Desert's municipal code currently has the various construction codes
previously noted spread throughout 8 different Titles. It is being proposed that
Titles 15, 17, 18, 19, 20, 21, 27 be repealed in their entirety, and Title 16 Section
1602 be deleted, and replaced with the following new Title 15 Building and
Construction.
SECTION 2
1. New Chapter 15 has been formatted to mirror the formatting of CCR Title 24, as
follows:
15.01 Administration
15.02 Building Code
15.03 Electrical Code
15.04 Mechanical Code
15.05 Plumbing Code
15.06 Vacant— Future Energy Code use
15.07 Vacant—
15.08 Vacant— Future Historica/preservation use
15.09 Fire Code
15.10 Existing Building Code
15.11 Vacant— Future Green Building use
15.15 Address Numbering
15.20 Construction Site Security
15.25 Moved Buildings and Temporary Structures
15.40 Safety Assessment Placards
2. New Chapter 15.01 —Administration. Adopting CBC Appendix Chapter 1 as
the administrative provisions for the application of the Palm Desert construction
codes. CCR, Title 24 construction codes contain limited administrative
provisions that are needed in order to permit the City to ensure the public's safety
in the built environment. Some of these items include, but are not limited to
requiring plans, permits and inspections for construction projects; Providing for
an appeals process; and establishing a Certificate of Occupancy process.
A. Section 103.1 was amended to reflect Palm Desert's terminology, and to
clarify that the Director of Building and Safety is the Building Official
B. Section 105.2 was amended to reflect the needs of the City Planning
Department to regulate fences exceeding two feet in height.
C. Section 105.2 was amended to include minor electrical as being exempt
from permits
D. Section 105.2 was further amended to indicate that there are minor earth
moving activities that do not require permits.
E. Section 112 establishes a board of appeals which will enable our
customers the opportunity to challenge the Building Official's
interpretations of the codes applications.
F. Section 113.4 establishes penalties for violations of the Palm Desert
construction codes.
3. New Chapter 15.02 — Building Code
A. Building Code Section 1613.7- The 2007 CBC based on the 2006 IBC
and ASCE 7-05 does not provide requirements for separation distances
between adjacent buildings to allow for independent building
displacement due to earthquake ground motions.
Requirements for seismic separation distances between adjacent
buildings and structures have been included in previous editions of the
CBC and IBC. However, these requirements were omitted in the 2006
IBC and in ASCE 7-05, including in Section 12.12.3 of ASCE 7-05
Supplement No. 1. In addition, ASCE 7-05 defines Qx) in Section 12.8.6
to refer to the deflection of Level x at the center of mass. The actual
displacement that should be used for building separation is the
displacement at critical locations considering both the translational and
torsional displacements. These values can be significantly different.
This code change fills the gap of this inadvertent oversight by specifying
the minimum separation distance between adjoining buildings, which are
not structurally connected.
B. Building Code Section 1614-The minimum base shear required by the
2007 CBC is specified in ASCE 7-05 as referenced in the 2006 IBC. The
minimum seismic base shear specified in ASCE 7-05 is significantly less
than the required by previous editions of the CBC and ASCE 7. For tall
buildings, recent research suggests that this may result in decreasing
seismic safety with increasing building height. The minimum seismic
response coefficient required by ASCE 7-05 is 0.01, which represents 1%
of the weight of the structure and is several times lower than current
requirements. Both the Divisions of the State Architect and the Office of
Statewide Health Planning and Development amended the minimum
seismic base shear to a higher level in the 2007 CBC.
This code change will afford the same level of protection in structural
design for new high-rise buildings in Palm Desert as the State buildings.
C. Building Code Section 1614A.1.8 - The Importance Factor, l, appears to
have been inadvertently dropped from equation 12.8-16 by while
transcribing it from NEHRP Recommended Provisions (2003) equation 5.2-
16. For buildings with importance factor, I, higher than 1.0, stability
coefficient should include the importance factor. OSHPD and DSA adopted
this provision for the 2007 CBC.
D. Building Code Section 1614A.1.12- The California Building Code has
insufficient information in the ASTM standards referenced in ASCE 7
regarding prescriptive design requirements for ceiling suspension systems
for seismic loads.
E. Building Code Sections 1908.17, 1908.17.1 and 1908.17.2-The 2007
CBC provisions for concrete design are specified in ACI 318-05 as
referenced by the 2006 IBC. The ACI 318-05 provisions for alternate
slender wall design commonly used for tilt-up concrete walls significantly
under-estimates service load deflection for some cases. The proposed
code amendment is included in ACI 318-08 and is consistent with current
practice in California based on previous UBC provisions that better estimate
service load deflections.
The structural amendments in the proposed ordinance have the support of
the Structural Engineers Association of Southern California (SEAOSC) and
are consistent with Los Angeles Regional Uniform Code Program
(LARUCP} and the Orange County Code Uniformity Group.
F/G. Chapter 34 changes —Currently, Title 24 does not provide for damaged
structures to be repaired or reconstructed to a structurally safe level,
accounting for upgrades in wind and seismic standards. The inability to
repair structures based upon the most recent industry knowledge, thus
preventing or mitigating future unnecessary damage or injury, is not in
the best interest of the citizens we are tasked with assisting.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended, ("Stafford AcY') authorizes the Federal Emergency
Management Agency (FEMA) to fund the repair and restoration of
eligible facilities damaged in a Presidential declared disaster. Section
406(e) of the Stafford Act requires that the repair and restoration be "on
the basis of the design of such facility as it existed immediately prior to
the major disaster and in conformity with current applicable codes,
specifications and standards."
In 1998, FEMA interpreted the Stafford Act, Federal Regulations in 44
CFR 206.226(d) as follows:
"To the extent a code or standard requires changes to the pre-disaster
construction of a facility when it is being repaired or restored, those
changes will only be eligible for FEMA funding if the code meets the
following five specific criteria:
(1) Apply to the type of repair or restoration required (standards may
be different for new construction and repair work);
(2) Be appropriate to the pre-disaster use of the facility;
3) Be found reasonable, in writing and formally adopted and
implemented by the state or local government on or before the
disaster declaration date or be a legal federal requirement applicable
to the rype of restoration;
(4) Apply uniformly to all similar types of facilities within the jurisdiction
of to the owner of the facility; and
(5) For any standard in effect: at the time of a disaster, it must have
been enforced during the time it was in effect."
H. Appendix Chapter G has been adopted to provide guidelines for flood-
resistant construction within the city. The new section G101.5 was added
to clarify that the administration of this chapter is within the purview of the
Director of Public Works.
I. Appendix Chapter J has been adopted, and amended, to provide
guidelines for design and enforcement of grading within the city.
(1) The new section J101.3 is being added to clarify that the
administration of the grading chapter is within the purview of the Director
of Public Works.
(2) Section J104.3 is being added to exempt minor grading projects from
required permits.
(3) Section J109.5 is being added to provide guidance for the installation
of drainage devices.
4. New Chapters 15.03, 15.04, 15.05— Electrical, Mechanical and Plumbing
Code
There are no recommended local amendments being proposed.
5. New Chapter 15.09 - Fire Code
A. Appendix Chapter 1, Section 103 is being added, to establish a fire
prevention division within the city.
B. Appendix Chapter 1, Sections 105 8� 106 establish provisions for
required permits and inspections of the Fire Code provisions.
C-L Section 903.x reduces the area thresholds in various occupancies, when
automatic sprinklers are to be required. These recommend area
thresholds are consistent with current Palm Desert municipal code
requirements.
6. New Chapter 15.10— Existing Building Code
There are no recommended local amendments being proposed.
7. New Chapter 15.15 -Address Numbering
The existing series of city ordinances contained both scoping requirements and
some technical requirements. The proposed ordinance language is limited to
scoping requirements for addressing within the city, and removes the partial
technical requirements. The ordinance further directs the Director of Building
and Safety to develop written policy guidelines outlining the technical
requirements.
8. New Chapter 15.20—Construction Site Security
This ordinance is being renumbered only (Currently PDMC 15.04.050). There
are no recommended changes to the current ordinance
9. New Chapter 15.25— Moved Buildings and Temporary Structures is being
renumbered only. (Current PDMC 15.04.170)
10. Chapter 15.40 Safety Assessment Placards remains unchanged.
SECTION 3
PDMC Title 8, Section 8.70 Property Maintenance is being reworded to reflect
the new code adoptions, only. The balance remains unchanged.
FISCAL IMPACT
City Council Resolution No. 06-164 established the Department of Building and Safety
Fee Schedule.
The additional cost associated with construction related to the new provisions described
is negligible and this is offset in savings due to mitigating property damage and loss.
REVIEWS
The proposed ordinance has been reviewed by the City Attorney.
Copies of the proposed ordinance have been provided to the Building Industry
Association (BIA) and the Desert Contractor's Association (DCA). Neither organization
has responded with any negative feedback, or constructive criticism.
Public Noticing was done pursuant to Government Code section 6066, November 26-30,
and December 3-7, 2007 in the Desert Sun newspaper. No negative comments have
been received.
Therefore, attached for your consideration and recommended passage to second
reading is an ordinance to address the aforementioned code adoptions.
Submitted by: Reviewed and concur:
(�
R ssell A. Grance Homer Croy
Director of Building and Safety Assistant City �ager for
Development ervices
Approval: CITY COUNCIL TIOIv:
APPROVED � DENIED
RECEIVFD OTHFsR ���r�.
/Ilv. I�S�,.
MEETING DATE - �G
Paul Gibson AYES:�r � Sr:�') � -
Director of Finance NOES:
ABSENT:
ABSTAIN:
VERIFIED BY• �
Approval: Original on�File wi City Clerk's Of f icF
David J. Erwin
City Attorney
Approval:
Carlos Ortega
City Manager
;
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Building Codes Adoptio �'-� rp R ��� �'�•
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ORDINANCE NO. 1145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES
AND RELATED MODEL CODES WITH SELECTED APPENDICES AND
AMENDMENTS THERETO AND MODIFY SECTION 8.70.010 AND
8.70.040 RELATING TO PROPERTY MAINTENANCE
WHEREAS, The Department of Building and Safety recommends that changes and
modifications be made to the Codes and are advising that certain changes and
modifications to the 2007 Editions of the California Building, Plumbing, Mechanical,
Electrical, Fire and Existing Building 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 Ciry of Palm Desert.
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
Section 1. Titles 15, 17, 18, 19, 20, 21, 27 and Titfe 16 Section 1602 of the City of Palm
Desert Municipal Code are hereby repealed in their entirery.
Section 2. That Title 15, Building and Construction, is hereby added to the Code of the
City of Palm Desert to read as follows:
"TITLE 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.01 Administration
15.02 Building Code
15.03 Electrical Code
15.04 Mechanical Code
15.05 Plumbing Code
15.06 Vacant
15.07 Vacant
15.08 Vacant
15.09 Fire Code
15.10 Existing Building Code
15.11 Vacant
15.15 Address Numbering
15.20 Construction Site Security
15.25 Moved Bui{dings and Temporary Structures
15.40 Safety Assessment Placards
Ordinance No. t i4s
Page 2 of 28
CHAPTER 15.01
ADMINISTRATION
Sections:
15.01.010 Adoption of Appendix Chapter 1 of the California Building Code
15.01.020 Amendments to Appendix Chapter 1 of the California Building
Code
15.01.010 Adoption of Appendix Chapter 1 of the California Building Code.
Except as provided in this chapter, the certain building code known and designated as the
2007 California Building Code (CBC) Appendix Chapter 1, as adopted by the State of
California, based on the 2006 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 2007 California Building
Code and its adopted appendices and amendments will be on file for public examination
in the offices of the Building Official.
15.01.020 Amendments to Appendix Chapter 1 of the California Building Code.
A. Section 105.2 Work exempt from permii
Building:
2. Fences not over 2 feet (610 mm) high.
4. Retaining walls that are not over 2 feet (610 mm) in height measured from the
top of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
B. Section 105.2 Work exempi from permit.
Electrical:
1. Listed cord and plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles, but not the outlets therefore.
3. Repair or replacement of branch circuit overcurrent devices, listed for the
use, of the required capacity in the same location.
4. Installation or maintenance of communications wiring, devices, appliances,
apparatus or equipment.
5. Installation or replacement of equipment such as lamps and of electrical
utilization equipment approved for connection to suitable permanently
installed receptacles, Replacement of flush or snap switches, fuses, lamp
f'���� '� ��f -':3
Ordinance No. 114s
Page 3 of 28
sockets, and receptacles, and other minor maintenance and repair work,
such as replacing worn cords and tightening connections on a wiring device.
6. The process of manufacturing, testing, servicing, or repairing electrical
equipment or apparatus.
C. Section 105.2 Work exempi from permit.
Grading:
See Appendix J, Section J103.2 Exemptions. For work exempt from grading
permits.
D. Section 112 Board of Appea/s.
Section 112
BOARD OF APPEALS
112.1 General. For all occupancies not provided for under the authority provided
in the California Building Code (CBC) Section 108.8, an appeals board shall be
created, and the appeals board shall be applicable for all buildings and structures
within the City of Palm Desert.
112.2 Definition. The following term 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)
112.3 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.
112.4 Qualifications. In addition to the qualifications established in CBC Section
108.8.1, at least two members shall be physically disabled, if the Appeals Board is
to hear appeals relating to accessibiliry issues pursuant to CBC Section 109.1.5
(Special conditions for persons with disabilities requiring appeals action ratification;
Pursuant to Health and Safety Code 19957.5)
E. Section 113.4 Vio/ation penalties.
113.4 Violation penalties. Any person, firm or corporation violating any of the
provisions, regulations, requirements, additions, amendments and/or deletions of
this code is guilry 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.
P�igc 3 ��f 2�3
Ordinance No. � 1145
Page 4 of 28
CHAPTER 15.02
BUILDING CODE
Sections:
15.02.010 Adoption of Building Code
15.02.020 Enforcement
15.02.030 Amendments to the Building Code
15.02.010 Adoption of Building Code.
Except as provided in this chapter, those certain building codes known and designated as
the 2007 California Building Code (CBC), including Appendix Chapters 1, C, G, I, and J
as adopted by the State of California, based on the 2006 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 2007 California Building Code and its adopted appendices and amendments
will be on file for public examination in the offices of the Building Official.
15.02.020 Enforcement
[Pursuant to California Building Code, Section 111.2.1.1 Item# 1]
The delegated enforcement official responsible for the enforcement of the building
standards relating to fire and panic safety and other regulations of the State Fire Marshal
as they relate to Group R, Division 3 Dwellings shall be the Building Official.
15.02.030 Amendments to the California Building Code
A. Section i 613.7 is added to Chapter 16 of the 2007 California Building Code
1613.7 Minimum Distance for Building Separation. All structures shall be
separated from adjoining structures. Separations shall allow for the maximum
inelastic response displacement (�nn). �nn shall be determined at critical locations
with consideration for both translational and torsional displacements of the
structure as follows:
C d�max
� M — I (Equation 16-45)
where '-maX is the calculated maximum displacement at Level x, and may be
P:i�� � Of �t�
Ordinance No. 1145
Page 5 of 28
taken as 1.2 times the average of the displacement at the extreme points of the
structure at level x.
Adjacent buildings on the same property shall be separated by at least a
distance -MT, where
� MT � � M 1 � 2 + � � M2 � 2 (Equation 16-46)
and �nn, and C M2 are the maximum inelastic response displacements of the
adjacent buildings.
Where a structure adjoins a property line not common to a public way, the
structure shall also be set back from the property line by at least the
displacement, �M, of that structure.
Exception: Smaller separations or property line setbacks shall be
permitted when justified by rational analyses.
References:
1. 2000 IBC Section 1620.3.6, Building Separations; 2003 IBC Section 1620.4.5,
Building Separations;
2. "Recommended Lateral Force Requirements and Commentary, — Section
C108.2.11, Building Separations," Structural Engineers Association of California,
Sacramento, CA, 1999 Edition;
3. 2001 CBC (UBC 1997) Section 1630.9.2, Determination of �M; Section
1630.10.1, General; and Section 1633.2.11, Building Separations.
4. Los Angeles Regional Uniform Code Program item 16-01.
B. Seciion 1614, 1614.1, 1614.1.1-Adopi the minimum seismic base shear
provisions of ASCE 7-02 in p/ace of the ASCE 7-05 provisions by adding
Section 1614, 1614.1 and 1614.1.i to Chapter 16 of the 2007 CBC
Sectinn 1614
Mndifications tn ASCE 7
i614_1 Ce_ne_raL The text of ASrE 7 shall bP m�difiPd as indir.atPd in this
�EGILBIL
f'�ir�c �5 �f �8
Ordinance No. 1145
Page 6 of 28
1�1d_1__7 A SCE 7� Sectinn 12.8_1_1_ M�difv ASCE 7 Ser.tion 128_1_1 b�
amPndin���ation i28-5 as foll�ws_
Cs = 9$�D-044 Snsl (Eq. 12.8-5)
C. Section 1614A.1.8 is hereby added by adopting Section 1614A.1.8 modifying
ASCE 7 Equation 12.8-16 as adopted by OSHPD and DSA and as already
provided in Chapter 16-A of the C.B.C.
D. Section 1614A.1.12 is hereby added by adopting Section 1614A.1.12 modifying
ASCE 7 Section 13.5.6.2 to add seismic design requirements for suspended
ceilings as adopted by DSA and as already provided in Chapter 16-A of the CBC.
E. Seciions 1908.17, 1908.17.1 and 1908.17.2 are added to Chapter 19 of the
2007 California Building Code
(1) 1908.1.17 ACI 318, Equation (14-7) of Section 14.8.3 and 14.8.4.
Modify ACI 318, Sections 14.8.3 and 14.8.4 as follows:
(2) 1908.1.17.1 Modify equation (14-7) of ACI 318 Section 14.8.3 to read
as follows:
I�� shall be calculated by Equation (14-7), and Ma shall be obtained by iteration of
deflections.
/. =E' A +P' h (d -c��+ �"� (14-7)
" E ' f, 2d 3
and the value E�/E� shall not be taken less than 6.
(3) 1908.1.17.2. Modify ACI 318 Sec, 14.8.4 to read as follows:
14.8.4 - Maximum out-of-plane deflection, �S, due to service loads, including P��
effects, shall not exceed /�150.
If Ma, maximum moment at mid-height of wall due to service lateral and eccentric
loads, including P�- effects, exceed (2/3)M��, `S shall be calculated by Equation
(14-8):
{?,tr�� �; r}f 28
Ordinance No. 114s
Page 7 of 28
z
M — M
0 = 20 + ° ; " (0 — z0
s ; cr M _ 2 M \ n ; cr (14-8)
n 3 cr
If Ma does not exceed (2/s)M�r, �S shall be calculated by Equation (14-9):
0, = M° 0�.. (14-9)
M�.,
where:
SM �.,1�
�`r 48E�1g
• 2
SM „l�
�" 48 E�1�.,
F. Section 3402 Definiiions
For the purposes of ihis chapter, the following definition applies and is hereby
added to Section 3402. 1 Definitions of the 2007 California Building Code (CBC):
Substantial Structural Damage. A condition where:
1. In any story, the vertical elements of the lateral-force-resisting system, have
suffered damage such that the lateral load-carrying capacity of the structure in
any direction has been reduced by more than 20 percent from its pre-
damaged condition, or
2. The capacity of any vertical graviry load-carrying component, or any group of
such components, that supports more than 30 percent of the total area of the
structure's floor(s) and roof(s) has been reduced more than 20 percent from
its pre-damaged condition, and the remaining capacity of such affected
elements with respect to all dead and live loads is less than 75 percent of that
required by the building code for new buildings of similar structure, purpose,
and location.
G. Section 3403.5 Repairs is added:
f'ac�� 7 of ?8
Ordinance No. 1145
Page 8 of 28
3403.5 Repairs. Repairs of structural elements shall comply with this section.
3403.5.1 Seismic evaluation and design. Seismic evaluation and design of an
existing building and its components shall be based on the following criteria.
3403.5.1.1 Evaluation and design procedures. The seismic evaluation and design
shall be based on the procedures specified in the building code, ASCE 31 Seismic
Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic
Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code shall be permitted to be used as specified in
Section 3403.5.1.1.3.
3403.5.1.2 CBC level seismic forces. When seismic forces are required to meet
the building code level, they shall be one of the following:
1. 100 percent of the values in the building code. The R factor used for analysis in
accordance with Chapter 16 of the building code shall be the R factor specified
for structural systems classified as "Ordinary" unless it can be demonstrated that
the structural system satisfies the proportioning and detailing requirements for
systems classified as "Intermediate" or "Special".
2. Forces corresponding to_BSE-1 and BSE-2 Earthquake Hazard Levels defined in
ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall
be those shown in Table 3403.5.1.2.
Pa�c 3 �,f 2�3
Ordinance No. 1145
Page 9 of 28
TABLE 3403.5.1.2
ASCE 41 and ASCE 31 PERFORMANCE LEVELS
PERFORMANCE LEVEL PERFORMANCE LEVEL
OCCUPANCY FOR USE WITH ASCE 31 FOR
CATEGORY AND WITH ASCE 41 USE WITH ASCE 41 BSE-2
(BASED ON IBC BSE-1 EARTHQUAKE EARTHGIUAKE HAZARD
TABLE 1 4. HAZARD LEVEL LEVEL
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Note (a) Note (a)
IV Immediate Occupancy (10) Life Safety (LS)
a. Performance Levels for Occupancy Category III shall be taken as halfway between
the performance levels specified for Occupancy Category II and Occupancy Category
IV.
3403.5.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to
meet reduced building code levels, they shall be one of the following:
1. 75 percent of the forces prescribed in the building code. The R factor used for
analysis in accordance with Chapter 16 of the building code shall be the R factor
as specified in Section 3403.5.1.1.2.
2. In accordance with the applicable chapters in Appendix A of the International
Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or
portions of structures that comply with the requirements of the applicable chapter
in Appendix A shall be deemed to comply with the requirements for reduced
building code force levels.
2.1. The seismic evaluation and design of unreinforced masonry bearing wall
buildings in Occupancy Category I or II are permitted to be based on the
procedures specified in Appendix Chapter A1.
2.2. Seismic evaluation and design of the wall anchorage system in reinforced
concrete and reinforced masonry wall buildings with flexible diaphragms in
Occupancy Category I or II are permitted to be based on the procedures
specified in Appendix Chapter A2.
2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in
residential buildings of light-frame wood construction in Occupancy Category
I or II are permitted to be based on the procedures specified in Appendix
Chapter A3.
2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in
multiunit residential buildings of wood construction in Occupancy Category I
or II are permitted to be based on the procedures specified in Appendix
Chapter A4.
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Ordinance No. i i45
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2.5. Seismic evaluation and design of concrete buildings and concrete with
masonry infill buildings in all Occupancy Categories are permitted to be
based on the procedures specified in Appendix Chapter A5.
3. In accordance with ASCE 31 based on the applicable performance level as
shown in Table 3403.5.1.1.2.
4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41
and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is
used, the design spectral response acceleration parameters SXS and SX� shall not
be taken less than 75 percent of the respective design spectral response
acceleration parameters Sps and So, defined by the International Building Code
and its reference standards.
3403.5.1.4 Wind Design. Wind design of existing buildings shall be based on the
procedures specified in the building code.
3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply
with this section.
3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe
conditions shall be eliminated.
3403.5.2.2 Substantial structural damage to vertical elements of the lateral—force-
resisting system. A building that has sustained substantial structural damage to the
vertical elements of its lateral-force-resisting system shall be evaluated and repaired in
accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3.
3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design
professional, and the evaluation findings shall be submitted to the code official. The
evaluation shall establish whether the damaged building, if repaired to its pre-
damage state, would comply with the provisions of the building code. Wind forces
for this evaluation shall be those prescribed in the building code. Seismic forces for
this evaluation are permitted to be the reduced level seismic forces specified in
Code Section 3403.5.1.1.3.
3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation
establishes compliance of the pre-damage building in accordance with Section
3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre-
damage state, using materials and strengths that existed prior to the damage.
3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does
not establish compliance of the pre-damage building in accordance with Section
3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable
provisions of the building code for load combinations including wind or seismic
forces. The wind design level for the repair shall be as required by the building code
in effect at the time of original construction unless the damage was caused by wind,
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Ordinance No. 1145
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in which case the design level shall be as required by the code in effect at the time
of original construction or as required by the building code, whichever is greater.
Seismic forces for this rehabilitation design shall be those required for the design of
the predamaged building, but not less than the reduced level seismic forces
specified in Section 3403.5.1.1.3. New structural members and cannections
required by this rehabilitation design shall comply with the detailing provisions of the
building code for new buildings of similar structure, purpose, and location.
3403.5.2.3 Substantial structural damage to vertical load-carrying components.
Vertical load-carrying components that have sustained substantial structural damage
shall be rehabilitated to comply with the applicable provisions for dead and live loads in
the building code. Undamaged vertical load-carrying components that receive dead or
live loads from rehabilitated components shall also be rehabilitated to carry the design
loads of the rehabilitation design. New structural members and connections required by
this rehabilitation design shall comply with the detailing provisions of the building code
for new buildings of similar structure, purpose, and location.
3403.5.2.3.1 Lateral force-resisting elements. Regardless of the level of damage
to vertical elements of the lateral force-resisting system, if substantial structural
damage to vertical load-carrying components was caused primarily by wind or
seismic effects, then the building shall be evaluated in accordance with Section
3403.5.2.2.1 and, if non-compliant, rehabilitated in accordance with Section
3403.5.2.2.3.
3403.5.2.4 Less than substantial structural damage. For damage less than
substantial structural damage, repairs shall be allowed that restore the building to its
pre-damage state, using materials and strengths that existed prior to the damage. New
structural members and connections used for this repair shall comply with the detailing
provisions of the building code for new buildings of similar structure, purpose, and
location.
3403.5.3 Referenced Standards
Standard Referenced
Reference In Code
Number Title Section Number
ASCE 31-03 Seismic Evaluation of Existing Buildings 3403.5.1.1.1,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1,
3403.5.1.1.2,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
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H. Amendments to APPEND/X CHAPTER G, FLOOD-RESISTANT
CONSTRUCTION
G101.5 Administration and Enforcement. For the purpose of the administration and
enforcement of this Appendix Chapter, Flood-Resistant Construction, the Building
Official shall mean the City Director of Public Works or their designated representative.
I. Amendments to APPENDIX CHAPTER J, GRADING
1. Section J101.3
J101.3 Administration and Enforcement. For the purpose of the administration and
enforcement of this Appendix Chapter, Grading, the Building Official shall mean the City
Director of Public Works or their designated representative.
2. Secfion J104.3 Exception
Exception:
1. A soils report is not required for single-family dwellings less than 10,000
square feet located in existing recorded subdivision lots.
2. A soils report is not required where the building official determines that the
nature of the work applied for is such that a report is not necessary.
3. Section J109.5 Drainage devices
J109.5 Drainage Devices.
J109.5.1 Minimum gradients. Except on slopes, drainage devices shall be
constructed with minimum gradients as follows: Poured in place cement concrete
construction — 0.5%; Shotcrete concrete construction — 0.5%; Asphaltic concrete
pavement— 1.0%; Soils swales — 0.5%; Pipes— 0.4%.
J109.5.2 Slopes. Drainage devices constructed on slopes shall have a minimum
gradient of five percent (5.0%). Such drainage devices shall be constructed of
shotcrete or poured in place concrete with suitable reinforcement. Closed piping,
unpaved swales and Asphaltic concrete drainage structures shall not be used for slope
drainage.
J109.5.3 Erosion prevention. Drainage devices shall be constructed to convey
drainage to an established private or public watercourse, channel, storm drain or public
street, and shall be designed to prevent erosion.
J109.5.4 Device design. Drainage devices conveying water to the public streets shall
P•3�� 12 of 28
Ordinance No. 1145
Page 13 of 28
drain over driveway approaches, through curb drains, through sidewalk culverts, or
through non-concentrated sheet flow over the curb as designated by the City Engineer.
CHAPTER 15.03
ELECTRICAL CODE
15.03.010 Adoption of the Electrical Code
Except as provided in this chapter, the 2007 California Electrical Code, including Annex
Chapters A, B, C, D, E, F, and G as adopted by the State of California, based on the
2005 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.
15.03.020 Amendments to the California Electrical Code
The 2007 Edition of the California Electrical Code is hereby adopted with no
amendments.
CHAPTER 15.04
MECHANICAL CODE
15.04.010 Adoption of the Mechanical Code
Except as provided in this chapter, the 2007 California Mechanical Code, including
Appendix Chapters 1, A, B, C, and D as adopted by the State of California, based on the
2006 Uniform Mechanical Code as published by the International Association of
Plumbing and Mechanical Officials (IAPMO), shall be and become the Mechanical
Code of the Ciry 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.
The 2007 Edition of the California Mechanical Code is hereby adopted with no
amendments.
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Ordinance No. 1145
Page 14 of 28
CHAPTER 15.05
PLUMBING CODE
15.05.010 Adoption of the Plumbing Code
Except as provided in this chapter, the 2007 California Plumbing Code, including
Appendix Chapters 1, A, B, D, G, I and K as adopted by the State of California, based on
the 2006 Uniform Plumbing Code as published by the International Association of
Plumbing and Mechanical Officials (IAPMO), shall be and become the Plumbing Code
of the Ciry 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.
The 2007 Edition of the California Plumbing Code is hereby adopted with no
amendments.
CHAPTER 15.09
FIRE CODE
Sections:
15.09.010 Adoption of the Fire Code
15.09.020 Amendments to the Fire Code
15.09.010 Adoption of the Fire Code
Except as provided in this chapter, the 2007 California Fire Code, including Appendix
Chapters B, C, and H, as adopted by the Office of the State Fire Marshal, and those
selected sections of Appendix Chapter 1 noted below, based on the 2006 International
Fire Code as published by the International Code Council (ICC), except as amended
herein, shall become the Fire Code of the Ciry of Palm Desert, establishing the minimum
requirements consistent with nationally recognized good practice for providing a
reasonable level of life safety and property protection from the hazards of fire, explosion
or dangerous conditions in new and existing buildings, structures and premises and to
provide safety to firefighters and emergency responders during emergency operations
within the City. The California Fire Code is on file for public examination in the offices of
the Fire Official and Building Official.
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Ordinance No. t i4s
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15.09.020 Enforcement
The delegated enforcement official responsible for the enforcement of the building
standards relating to fire and panic safety and other regulations of the State Fire Marshal
as they relate to Group R, Division 3 Dwellings shall be the Building Official.
15.09.030 Amendments to the Fire Code
A. Appendix Chapter 1, Sections 105 and 106 are hereby adopted in their enfirety.
B. Section 903.2 Where (Automatic Sprinkler systems are)required
903.2 Where required. Approved automatic sprinkler systems in new buildings
and structures, or where the combination of new additional square footage and
existing square footage exceeds the maximum fire area thresholds in this
section, shall be provided in locations described in this section.
C. Seciion 903.2.1.1 #1 (Group A-1 Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2);
D. Section 903.2.1.2#1 (Group A-2 Occupancles)
1. The fire area exceeds 3,000 square feet (279 m2);
E. Section 903.2.1.3#1 (Group A-3 Occupancies)
1. The fire area exceeds 3,000 square feet (279 mz);
F. Section 903.2.1.4 #1 (Group A-4 Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2);
G. Section 903.2.2 #1 (Group E Occupancies)
1. Throughout all Group E fire areas greater than 3,000 square feet (279 m2) in
area.
H. Section 903.2.3 #1 (Group F-1 Occupancies)
1. Where a Group F-1 fire area exceeds 3,000 square feet (279 m2);
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Ordinance No. 1145
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l. Seciion 903.2.6#1 (Group M Occupancies)
1. Where a Group M fire area exceeds 3,000 square feet (279 m2);
J. Section 903.2.8#1 (Group S-1 Occupancies)
1. A Group S-1 fire area exceeds 3,000 square feet (279 m2);
K. Section 903.2.9.1 Commercial parking garages
903.2.9.1 Commercial parking garages. An automatic sprinkler system shall
be provided throughout buildings used for storage of commercial trucks or buses
where the fire area exceeds 3,000 square feet (279 m2).
CHAPTER 15.10
EXISTING BUILDING CODE
15.10.010 Adoption of the Existing Building Code.
Except as provided in this chapter, the California Existing Building Code Appendix A-1
based on the 2006 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.
Appendix Chapter A1 (Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings)only, of the 2006 Existing Building Code by ICC is hereby
adopted with no amendments.
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Ordinance No. i 145
Page 17 of 28
CHAPTER 15.15
ADDRESS NUMBERING
Sections:
15.15.010 Rules and regulations for Street Address numbers
15.15.020 Street Address numbers
15.15.030 Street Address numbers responsibility
15.15.040 Street Address numbers designation
15.15.050 Correcting erroneous numbers
15.15.060 Unnumbered buildings and obliterated/obstructed numbers
15.15.070 Violation—Penalty
15.15.010 Rules and regulations for Street Address numbers.
The Building Official shall adopt such rules and regulations as are necessary to
implement the street address numbers provisions of this chapter.
15.15.020 Street Address numbers.
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 as outlined in Department of Building and Safety Addressing
Policy Guidelines. New and existing buildings shall have approved street address
numbers, building numbers or approved building identification placed in a position that
complies with Building and Safery Department Addressing Policy Guidelines and is
plainly legible and visible from the street or road fronting the property.
15.15.030 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
as prescribed by the Department of Building and Safety Addressing Policy Guidelines.
15.15.040 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.
15.15.50 Correcting erroneous numbers.
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Ordinance No. i i45
Page 18 of 28
!n 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.
15.15.060 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.
15.15.070 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 15.20
CONSTRUCTION SITE SECURITY
15.20.010 Construction Site Security
A. The owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall maintain security measures as
deemed necessary or as required by the building official to control vandalism, fires,
blowing dust, sand or debris.
B. Perimeter security fencing is required along all property lines. Fencing shall be a
minimum 6 feet high with a minimum 94% blackout heavy-duty plastic screening. The
number of access points onto the site shall be minimized, and where feasible, situated
in locations that are highly visible from an adjacent street. Vehicle and pedestrian gates
and openings shall have gates secured after hours of operation. Locking gates shall be
secured with minimum 3/8-inch thick, 30-grade coil chain, or minimum 5/16-inch cable.
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Ordinance No. t i45
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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 15.25
MOVED BUILDINGS AND TEMPORARY STRUCTURES
Sections:
15.25.010 Permits Required
15.25.020 Application and Investigation Fee
15.25.030 Investigation and Report
15.25.040 Denial of Permit
15.25.050 Security Required
15.25.060 Conditions of Securiry
15.25.070 Permit Issuance and Fees
15.25.080 General Requirements
15.25.090 Expiration of Permits
15.25.110 Procedure upon Default
15.25.120 Release of Securiry
15.25.010 Permits Required.
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Ordinance No. 1 i45
Page 20 of 28
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.
15.25.020 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.
15.25.030 Investigation and Report.
The building official may cause an investigation to be made of each building or structure
for which an application for a relocation permit has been received. A written report shall
be prepared based on such inspection, and a copy of the report shall be given to the
applicant. This report shall contain the approval or disapproval by the building official for
relocating the building. If approved for relocation, the report may list the requirements
and corrections necessary for making the building conform to the codes adopted
herein.
In granting an approval for relocation, the building official may impose such terms and
conditions as he may deem reasonable and proper, including time limits for completion
of all work, and requirements for whatever changes, alterations, additions or repairs are
necessary to assure that relocation will not be materially detrimental or injurious to
public health, safety and welfare.
The investigation report shall remain valid for a period of one hundred eighty (180) days
after the building or structure has been inspected, after which time a new investigation
and report may be required by the building official.
15.25.040 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;
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Ordinance No. 1145
Page 21 of 28
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.
15.25.050 Security Required.
The building official shall be vested with the authoriry to require the applicant for a
permit to first post with the building official a performance bond executed by the owner
of the premises where the building or structure is to be located, listing said owner as
principal, and an approved surety company authorized to do business in the state as
surety; a cash bond naming the city of Palm Desert as the payee; or an assignment of
certificates or shares issued by a savings and loan association doing business in this
state and insured by the Federal Savings and Loan Insurance Corporation. The building
official may waive the requirement of security when the owner of the property is a
governmental agency.
The performance bond required by this section shall:
1. Be in form joint and several;
2. Name the city of Palm Desert as obligee;
3. Guarantee that the required work will be completed or, when ordered by
the building official, the building or structure will be removed or demolished and the site
cleared, cleaned, and restored to its original condition; within a reasonable time frame
set by the building official;
4. Be in an amount equal to the estimated cost, plus ten percent, of the work
required to be done in order to comply with all of the conditions of the relocation permit
or shall be in an amount equal to the cost of demolition and removal, whichever is
greater. Such costs for purposes of the bond shall be as estimated by the building
official;
5. State therein the legal description or address of the property to which the
building or structure is to be relocated.
15.25.060 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;
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Ordinance No. 1145
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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
buifding official shall notiiy the principa! 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 relocatron 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.
15.25.070 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, 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 officials estimate of the cost of work necessary to relocate the
structure and to bring into compliance with conditions listed on the investigation report
and permit.
15.25.080 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;
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Ordinance No. 1 i45
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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.
15.25.090 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 Section 106.4.4 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.
15.25.110 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 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 safery 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
P�jc�e �'"3 of ;'3
Ordinance No. 1145
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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.
15.25.120 Release of Security.
1. Performance bond. When all conditions and requirements of the
relocation permit and applicable laws and ordinances have been completed, the
building official shall notify the surety that the bond has been exonerated.
2. Cash bond. When a cash bond has been posted and all requirements of
the relocation permit have been completed, the building official shall return the cash to
the depositor, or to his successor or assigns, except any portion thereof that may have
been used, cashed or deducted as provided elsewhere in this section.
3. Assignment of shares. When an assignment of shares has been made
and all requirements of the relocation permit have been completed, the building official
shall notify the savings and loan association and shall do all things reasonably
necessary to effect a release of said assignment to the principal or to his successors or
assigns, except any portion thereof that may have been used, cashed or deducted as
provided elsewhere in this section. (Ord. 1023 § 1 F, 2002)
CHAPTER 15.40
SAFETY ASSESSMENT PLACARDS
Sections:
15.40.010 Intent
15.40.020 Application of provisions
15.40.030 Definitions
15.40.040 Placards
15.40.010 Intent.
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the building official
and his or her authorized representatives to post the appropriate placard at each entry
point to a building or structure upon completion of a safety assessment.
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Ordinance No. 1145
Page 25 of 28
15.40.020 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.
15.40.030 Definitions.
"Safety assessmenY' 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.
15.40.040 Placards.
A. The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached to the ordinance codified in this chapter and adopted by
reference.
1. "INSPECTED - Lawful Occupancy Permitted" (Green Placard) is to be posted on any
building or structure wherein no apparent structural hazard has been found. This
placard is not intended to mean that there is no damage to the building or structure.
2. "RESTRICTED USE" (Yellow Placard) is to be posted on each building or structure
that has been damaged wherein the damage has resulted in some form of restriction to
the continued occupancy. The individual who posts this placard will note in general
terms the type of damage encountered and will clearly and concisely note the
restrictions on continued occupancy.
3. "UNSAFE - Do Not Enter or Occupy" is to be posted on each building or structure
that has been damaged such that continued occupancy poses a threat to life safery.
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."
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Ordinance No. 1145
Page 26 of 28
Section 3. That section 8.70.010 and 8.70.040 of the Code of the City of Palm Desert is
amended to read as follows:
"8.70.010 Purpose and intent; violation of chapter
The ciry council has determined that the quality of life in Palm Desert is tied to the
character and condition of real property within the city, and that inadequate property
maintenance tends to cause a diminution in the enjoyment, use, aesthetics, and value
of surrounding properties. It is the purpose of this chapter to restate, cross-reference,
and amend the city's property maintenance standards, in an effort to promote public
awareness of those standards, visual unity and order, as well as enhance the value of
land and development within the city, and protect the appearance, integrity and
character of the community. Restatements and cross-references of existing code
provisions and laws are not intended to supersede or conflict with those laws.
Inspection of property for compliance with these standards may be accomplished
in any constitutionally permissible fashion including inspection from public rights-of-way,
inspection with a property owner or occupier's consent, and inspection through a court-
issued warrant. Violations of the property management standards of this chapter are
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Ordinance No. i i45
Page 27 of 28
declared a public nuisance, which may be abated by the ciry in accordance with
Chapter 8.20 of this code. In addition to or in lieu of such administrative abatement, the
city may pursue any other legal or equitable remedies available to it under this code or
state law, including but not limited to the procedures contained in the California Health
and Safery Code.
8.70.040 Substandard buildings and housing
Buildings and structures on property shall not be left abandoned, partially destroyed, in
an "unreasonable state of partial construction," or in a condition that violates an
applicable provision of the California Health and Safety Code or of the California Codes
previously adopted by the city, as the same currently exist or may hereafter be
amended. See California Health and Safety Code Sections 17920.3, 17922.2; see also
Chapter 15 of this code.
For purposes of this section, the following definitions shall apply:
"Abandoned" means forsaken and devoid of any apparent owner or other person
claiming title, or unoccupied and un-maintained for such an extended period of time and
in such a manner as to give an outward appearance that all claims to possession or
control have been relinquished.
"Partially destroyed" means severely damaged by fire, flood, earthquake,
vandalism or other forces and, as a result, substantially detracting from the appearance
of the immediate neighborhood or reduces the properry values in the immediate
neighborhood.
"Unreasonable state of partial construction" means a state in which building
permits for construction have expired before the completion of construction and the
partially constructed building or structure substantially detracts from the appearance of
the immediate neighborhood, or reduces the property values in the immediate
neighborhood."
PASSED, APPROVED, AND ADOPTED by the Ciry Council of the City of Palm Desert,
California at its regular meeting held this _ day of , 2007, by the following vote, to
wit:
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Ordinance No. 114s
Page 28 of 28
AYES:
NOES: NONE
ABSENT:
ABSTAIN: NONE
RICHARD KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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