Loading...
HomeMy WebLinkAboutSUPPTL INFO - ORD No. 1145 `Buildings and Construction" 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 City of Palm Desert. FINDINGS, The Citv Council finds that the reauirements set forth in this title are reasonable and necessary modifications because of climatic and qeological conditions within the City of Palm Desert. The "Findinqs of Need" contained herein address each of these conditions and present the local situations which cause the established amendments to be adopted A. The communitv experiences frequent low humiditv summer temperatures exceedinq 100° Fahrenheit, and severe Santa Ana winds reachinq�qusts of 90 miles per hour. Adverse climatic conditions increase the likelihood of fire Minor fires can rapidlv spread because of the climate and vegetation B. The communitv periodically experiences drouaht and a resultant limited water supplv. The limited rainfall and storage capacities and continued consumption demands require sound manaqement of water resources and conservation where possible. There is a need for chanqes and modifications in the California Buildinq which will contribute to water conservation and water for suqpression of larqe fires C. The communitv is located in an area of continuinq seismic activitv Existinq and planned development is at risk from damage and fire because of this activitv 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 Title 16, Section 1602 of the City of Palm Desert Municipal Code are hereby repealed in their entirety. Section 2. That Title 15, Building and Construction, is hereby added to the Code of the City of Palm Desert to read as follows: Ordinance No. 1145 Page 2 of 32 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 Housinq Code 15.09 Fire Code 15.10 Existing Building Code 15.11 Vacant 15.15 Address Numbering 15.20 Construction Site Security 15.25 Moved Buildings and Temporary Structures 15.40 Safety Assessment Placards 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 ade�e� developed 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 permit. Building: 2. Fences not over 2 feet (610 mm) high. 4. Retaining walls that are not over 2 feet (610 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. Page 2 c�f 32 Ordinance No. 1145 Page 3 of 32 B. Section105.2 Work exempt 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 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 exempt from permit. Grading: See Appendix J, Section J103.2 Exemptions. For work exempt from grading permits. D. 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 terms shall, for the purpose of this section, have the meaning shown. Accessible Appeals Board. The board of the city which is authorized by the governing body of the city to hear appeals brought by any person regarding action taken by the building department of the city in enforcement of the authority to grant exceptions to the standards and specifications contained in California Health and Safety Code section 19957. (Note: The establishment of this board is pursuant to Health and Safety Code 19957.5) Page 3 0� 32 Ordinance No. 1145 Page 4 of 32 112.3 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 accessibility 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 Violation 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 guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code. CHAPTER 15.02 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. Page 4 of 32 Ordinance No. 1145 Page 5 of 32 15.02.030 Amendments to the California Building Code �4 . an�--�na A C d�max M — I W#eFe� , �Len .�c. 'I '7 4imec. �he .+�ier.+ne nf Fho rli�+r�l.�nerv�or�� .�4 Fhe ev�rer.�e r.i.'r.� i �L. _�.._.. �_ .._ .....__ ..._ �..�.�.'.� ... . r�r��n4��ro �� level v ��, `•�e MT M1 M2 /Cn��r++i�n 9C._i1C.\ �—�pq��8'qq2 � • ^},,,, +,,,. �A'' �,'I ^y , �tb+SGF.�stFQtt-Rf�+e�.�+Ct-��+� frnm �he r�rnnpr}�� line h�i �4 le.��+4 �h �-�rrr�rr�pr*�p�r�-��T-ar�ca�r-cr�r@ rlic�nl�nemon4' I-I�' Referer�noc�• . , , � � . , � e ta . � n . . � � f � f f ' ' ' i � • • + f • • f • �c`�-C��' rJ Qf �J� Ordinance No. 1145 Page 6 of 32 . , . , . . , . . . � ?�-v-�r� ��dv'��Td�c�isidc.r"r--�r�4 �Iv--r-�i--r�►�r� 'fi� ddvL�dvfi��9r"r-� 0 7-.��'r �`s - . ��, 1 /Cn �7 Q C.1 • . � . . . . ��� �onQ � �� �r3-�,-�;��Qat+eq-{� �-.Te#���^m,�4 � 3 �A�-a-4�o-4- , . . . . . a�-€e�e�s: . . . . . � , � �ie� ES Pu IZ Z ZwC3 `r Ec S fY 2d 3 �niJ +he v.�l��e C_f� . ti•�6 . . . . � . . , • • i Sr � . � 6�"� ���(� � Of �� Ordinance No. 1145 Page 7 of 32 ��, �s�s���-R�-e#es�s�seed-{���}a4�-e.fi �� 2 � 2 � , Ma -3M�. (� 2 � � 3 �� 2 n 3 cr} Mn 3 Mcr ���4ees-r�e�-e�E6ee����a}A�s�s MQ S - M �r cr ��$: � SM�rI� � 48 E�Ig _n _ 5 M nl� n 48 E�I�r A.-IE Section 3402 Definitions For the purposes of this chapter, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2007 Califomia 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 gravity 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. F'age 7 of 32 Ordinance No. 1145 Page 8 of 32 B. � Section 3403.5 Repairs is added: 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. TABLE 3403.5.1.2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS OCCUPANCY PERFORMANCE LEVEL PERFORMANCE LEVEL CATEGORY FOR USE WITH ASCE 31 FOR (BASED ON IBC AND WITH ASCE 41 USE WITH ASCE 41 BSE-2 TABLE 1604.5) BSE-1 EARTHQUAKE EARTHQUAKE HAZARD HAZARD LEVEL LEVEL � 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 halfinray befinreen the perFormance levels specified for Occupancy Category II and Occupancy Category IV. Pag� 8 0� 32 Ordinance No. 1145 Page 9 of 32 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. 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 Sp� defined by the Intemational 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. Page 9 of �2 Ordinance No. 1145 Page 10 of 32 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, 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 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 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. Page �0 of 32 Ordinance No. 1145 Page 11 of 32 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 C. �l. Amendments to APPENDIX CHAPTER G, FLOOD-RES/STANT 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. Page 11 c�f 32 Ordinance No. 1145 Page 12 of 32 D. �: 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. Section 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 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. Page �� of 32 Ordinance No. 1145 Page 13 of 32 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 City of Palm Desert, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official. The 2007 Edition of the California Mechanical Code is hereby adopted with no amendments. f�age 13 of 32 Ordinance No. 1145 Page 14 of 32 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 City of Palm Desert, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official. The 2007 Edition of the California Plumbing Code is hereby adopted with no amendments. CHAPTER 15.08 HOUSING CODE Sections: 15.08.010 Adoption of the Uniform Housinq Code 15.09.020 Amendments 15.08.010 Adoption of the Uniform Housinq Code Except as provided in this chapter known and designated as the 1997 Uniform Housinq Code (UHC) contmues as the adopted reference in the State Housinq Law Title 25 CCR, Division 1, Chapter 1 subchapter 1 section 32 for the enforcement of use maintenance and occupancv reauirements by local code enforcement aqencies 15.08.020 Amendments The 1997 Uniform Housinq Code (UHC) with California amendments in the State Housina Law, Title 25, CCR Division 1 Chapter 1 subchapter 1 section 32 Only Chaqters 4. 5, 6 and sections 701 2 and 701 3 of the 1997 UHC are adopted and applicable. P�ge 14 caf 32 Ordinance No. 1145 Page 15 of 32 CHAPTER 15.09 FIRE CODE Sections: 15.09.010 Adoption of the Fire Code 15.09.020 Enforcement 15.09.030 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 City of Palm Desert, establishing the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to firefighters and emergency responders during emergency operations within the City. The California Fire Code is on file for public examination in the offices of the Fire Official and Building Official. 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 adopted in their entirety. 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. Section 903.2.1.1 #1 (Group A-1 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2); l�age 15 of 32 Ordinance No. 1145 Page 16 of 32 D. Section 903.2.1.2 #1 (Group A-2 Occupancies) 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 m2); F. Section 903.2.1.4 #1 (Group A-4 Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2); G. Section 903.2.1.5 (Group B Occupancies) 1. The fire area exceeds 3,000 square feet (279 m2) H. 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. I. Section 903.2.3 #1 (Group F-1 Occupancies) 1. Where a Group F-1 fire area exceeds 3,000 square feet (279 m2); J. Addinq Section 903.2.3.2 (Groua F-2 Occupancies) 903.2.3.2 Groua F-2 An automatic sprinkler system shall be provided throuqhout all buildinqs containinq a Group F-2 occupancv where the followinq condition exists: 1. The fire area exceeds 3.000 sauare feet (279 m2) K. Section 903.2.6 #1 (Group M Occupancies) 1. Where a Group M fire area exceeds 3,000 square feet (279 mZ); L. Section 903.2.7 addinq second aaraaraph (Groua R Occupancies) R-1 occupancies shall have attic fire sprinklers installed Spacinq and materials per NFPA 13 standards. Fire resistive walls shall not be considered for reducinq the qross floor area of the buildinq for the purpose of this code section Page 16 of 32 Ordinance No. 1145 Page 17 of 32 M. Section 903.2.8 #1 (Group S-1 Occupancies) 1. A Group S-1 fire area exceeds 3,000 square feet (279 m2); N. Section 903.2.9.1 Commercial parking garages Section 903.2.9.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses & vehicles where the fire area exceeds 3,000 square feet (279 m2). O. Section 903.2.9 #1 (Groua S-2) 1. A Group S-2 fire area exceeds 3,000 square feet (279 m2)• F'age 1��' of 32 Ordinance No. 1145 Page 18 of 32 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. CHAPTER 15.15 ADDRESS NUMBERING Sections: 15.15.010 Rules and regulations for Street Address numbers 15.15.020 Street Address numbers 15.15.025 Entrance 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 reasonable rules and regulations as are necessary to implement the street address numbers provisions of this article codified in this chapter. Page 1� of 32 Ordinance No. 1145 Page 19 of 32 15.15.020 Street Address numbers size and heiqht. The City of Palm Desert Department of Building and Safety shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes. ' � � � . New and existing buildings shall have approved street address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The minimum dimensions of anv street address number desiqnated bv the buildinq official shall be as shown in Table 15.15.020A: TABLE 15.15,�Zt1A ' Distance From Street to Minimum Fiaure Size Buildin Over To Height Width Stroke of Buildin Line Placement Maximum Hei ht 0' 10' g�° 2„ '/2„ $, 11' 25' 6" 2'/4" '/2" 10' 26' 35' 7" 2'/2" '/2" 12' 36' 45' 10" 3" 5/a" 14' 46' 55' 10" 3'/2" 3/" 16' 56' 65' 10" 4" 3/" 18' 66' 75' 10" 4'/2" '/8" 20' 76' 85' 12" 5" 1" 22' 86' 95' 12" 5'/z" 1%8" 24' 96' 200' 12" 6" 1'/4" 26' Stroke of Line — Helvetica Bold or Equal. Desiqn (includinq shape and stvle) as well as location of the street address numbers shall be such that thev are leqible and easilv readable The Building Official mav prescribe a street address number larae in size than stated in Table 15.15.020A when determined that liqhtinq conditions, buildinp locations, shadows background or readable from the street or approach to the entrance. A street address number of unusual desiqn or placement mav not be emploved without prior written approval of the Buildinq Official. F'a�e 19 c�f 32 Ordinance No. 1145 Page 20 of 32 15.15.025 Entrance Numbers. All entrance numbers from the public streets or parkinq lots in the citv to residential, commercial or multiple tenant buildinqs shall be numbered as hereafter provided. Buildinq address number and or suite unit number of each and every entrance shall be placed upon or immediatelv above or adjacent to the door or qate closinq of said entrance where multi-numbered street addresses exist on a site. Sinqle numbered street addresses on a buildinq will onlv require the suite number immediatelv above or adiacent to the door or qate of said entrance. Each fiqure of said number shall be no less than four (4) inches in heiqht and of correspondinp width. (See section 15.15.020). The owner aqent or other person shall cause said buildina to be numbered in accordance with the buildinq official or desiqnee within thirtv (30) days. Results of the building official's decision shall be filed with each address record. Exception� Numbers for sinqle familv residences less than thirtv (30) feet from the curb to front of building mav be a minimum of four (4) inches hiah bv 1'/z inches wide. Nofinrithstandinq the above, the Buildinq Official mav set forth different standards on a case-bv-case consideration to complv with the intent of this Chapter. 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 thereon upon or near each entrance from a street of the citv, and from anv other public access wav in the manner and location desiqnated by the buildinq official or desiqnee. "Access way" shall include but not be limited to, any allev, stairwav, drivewav or walk- way. 6�ide1+�►es. 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. 15.15.050 Correcting erroneous numbers. In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house or building, the owner, agent or other person shall, upon notification by the building official, correct the erroneous numbers within thirty days after official notification. Page 20 of 32 Ordinance No. 1145 Page 21 of 32 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. P�g� 2� o� 32 Ordinance No. 1145 Page 22 of 32 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. The perimeter securitv fencinq shall be maintained and remain in place throuqh the duration of the project or until a permanent wall/fencinq is installed. C. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having an adequately sized debris box container placed on the site for the depositing of trash and debris. As used in this section, trash and debris shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substance that may be accumulated as a result of construction activities. D. A trash container shall remain on the construction site until the building inspector has completed the final inspection or has approved the removal of the container. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. E. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor, or other person authorized by law to remove any container from the location where the person in charge for storage and collection placed the container. F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The non-compliance can be sufficient cause for the revocation of the issued building permit. Page 2� of 32 Ordinance No. 1145 Page 23 of 32 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 Security 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 Security 15.25.010 Permits Required. It is unlawful for any person, firm or corporation to move or cause to be moved any building or structure excepting a contractors tool house, construction office or similar structure which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the building official. Exception: Buildings moved to the business premises of a house for the purpose of temporary storage. 15.25.020 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. Page 23 of 32 Ordinance No. 1145 Page 24 of 32 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; 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 authority to require the applicant for a permit to first post with the building official a performance bond executed by the owner of the premises where the building or structure is to be located, listing said owner as principal, and an approved surety company authorized to do business in the state as surety; a cash bond naming the city of Palm Desert as the payee; or an assignment of certificates or shares issued by a savings and loan association doing business in this Page 24� of 32 Ordinance No. 1145 Page 25 of 32 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; 2. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety; 3. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit; 4. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work; 5. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit; F'age 25 of 32 Ordinance No. 1145 Page 26 of 32 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, and grading or other permits when applicable. The required permits, together with the investigation report, shall comprise the relocation permit for the purpose of this section. The valuation for the purpose of determining the relocation permit fee shall be based upon the building official's estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit. 15.25.080 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; 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; F'age 26 of 32 Ordinance No. 1145 Page 27 of 32 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 safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and b. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the building official to cause the required work of repair or demolition to be performed in accordance with subsection (K)(2) of this section. 2. Cash bond. When a cash bond has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official at his own discretion may proceed without delay and without further notice or proceeding to use the cash deposit or any portion thereof to cause the required work to be completed by contract or otherwise. F'age 27 of 32 Ordinance No. 1145 Page 28 of 32 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) Page 28 of 32 Ordinance No. 1145 Page 29 of 32 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. 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 assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition of the building or structure for continued occupancy. 15.40.040 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. F'age 29 of 32 Ordinance No. 1145 Page 30 of 32 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 safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard. C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section." 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 city 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 declared a public nuisance, which may be abated by the city 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 Safety Code. F'age 30 of 32 Ordinance No. 1145 Page 31 of 32 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 property values in the immediate neighborhood. F'aye 31 af 32 Ordinance No. 1145 Page 32 of 32 "Unreasonable state of partial construction" means a state in which building permits for construction has 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 City Council of the City of Palm Desert, California at its regular meeting held this _day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN BENSON, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA P�ge 32 c�f 32