HomeMy WebLinkAbout2008ORDINANCE NO. 2008
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF
THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY
REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2019 CALIFORNIA
BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I,
AND J; THE 2019 CALIFORNIA RESIDENTIAL CODE, INCLUDING
APPENDIX H; THE 2019 CALIFORNIA MECHANICAL CODE; THE
2019 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES
A, B, D, G, H, I AND K; THE 2019 CALIFORNIA EXISTING
BUILDING CODE; THE 2019 CALIFORNIA HISTORICAL
BUILDING CODE, INCLUDING APPENDIX A; THE 2019
CALIFORNIA ELECTRICAL CODE, INCLUDING ALL
APPENDICES; THE 2019 CALIFORNIA ENERGY CODE,
INCLUDING ALL APPENDICES; THE 2019 CALIFORNIA GREEN
BUILDING STANDARDS CODE; AND THE 2018 INTERNATIONAL
PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES.
City Attorney's Summary
This Ordinance adopts and amends the 2019 Building Standards Code,
Title 24 California Code of Regulations, which includes the California
Building, Residential, Mechanical, Plumbing, Existing Building, Historical
Building, Electrical, Energy, and the Green Building Standards Codes
(Parts 2, 2.5, 4, 5, 10, 8, 3, 6 and 11 respectively). In addition, this
Ordinance adopts the 2018 International Property Maintenance Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Article I of Chapter 8.04 of the Palm Springs Municipal Code is
hereby amended and restated to read as follows:
ARTICLE I
BUILDING CODES
Section:
8.04.005 Citation of Building Code.
8.04.010 California Building Code —Adopted.
8.04.015 California Building Code —Additions, Amendments and Deletions.
8.04.016 California Residential Code —Adopted.
8.04.017 California Residential Code —Additions, Amendments and Deletions.
8.04.020 California Mechanical Code —Adopted.
8.04.021 California Mechanical Code —Additions, Amendments and Deletions.
Ordinance No. 2008
Page 2
8.04.030 California Plumbing Code —Adopted.
8.04.031 California Plumbing Code —Additions, Amendments and Deletions.
8.04.035 International Property Maintenance Code —Adopted.
8.04.036 International Property Maintenance Code —Additions, Amendments and
Deletions.
8.04.040 California Existing Building Code —Adopted.
8.04.045 California Historical Building Code —Adopted.
8.04.050 California Electrical Code —Adopted.
8.04.055 California Electrical Code —Additions, Amendments and Deletions.
8.04.065 California Energy Code —Adopted.
8.04.070 California Green Building Standards Code —Adopted.
8.04.072 Reserved.
8.04.080 Reserved.
SECTION 2. Section 8.04.005 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.005 Citation of Building Code.
This chapter, the 2019 California Building Code, including Chapter 1, Appendices
C, I, and J; the 2019 California Residential Code, including Appendix H; the 2019
California Mechanical Code; the 2019 California Plumbing Code, including Appendices
A, B, D, G, H, I and K; the 2018 International Property Maintenance Code, including all
Appendices; the 2019 California Existing Building Code; the 2019 California Historical
Building Code, including Appendix A; the 2019 California Electrical Code, including all
Appendices; the 2019 California Energy Code, including all Appendices; and the 2019
California Green Building Standards Code may be collectively referred to and cited as the
Palm Springs Building Code.
SECTION 3. Section 8.04.010 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.010 California Building Code —Adopted.
These certain documents, a copy of each of which are on file in the office of the
City Clerk, being marked and designated as the 2019 California Building Code, California
Code of Regulations Title 24, Part 2, Volumes 1 & 2, including Chapter 1, Appendices C,
I and J, and all tables and indices thereto, except as hereinafter modified, are hereby
adopted by reference, pursuant to Section 50022.1 et seq. of the California Government
Code.
Ordinance No. 2008
Page 3
SECTION 4. Section 8.04.015 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.015 California Building Code —Additions, Amendments and Deletions.
The California Building Code, together with Chapter 1 providing the administrative
and enforcement provisions of the code, is adopted herein by reference is hereby
modified by the following additions, amendments and deletions:
1) Amend subsection 102.6, Existing Structures, to read as follows:
102.6 Existing Structures. The legal occupancy of any structure existing on the
date of adoption of this code shall be permitted to continue without change, except
as otherwise specifically provided in this code, the California Existing Building
Code, the International Property Maintenance Code, or the California Fire Code.
2) Amend subsection 105.2, Work exempt from permit. Building: 2., to read as
follows..
105.2 Work exempt from permit. Building: 2. Solid fences or walls not over 42" high
and open fences (must have an open surface area of at least 90 percent or more)
not over 48" high.
3) Amend subsection 105.2, Work exempt from permit. Building: 4., to read as
follows:
105.2. Work exempt from permit. Building: 4. Retaining walls that are not over 3
feet in height measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding flammable or combustible liquids.
4) Amend subsection 105.3.2, Time limitation of application, to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing,
unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or two extensions
of time for additional periods not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
If the applicant submits a request for extension after the expiration date, the
applicant shall resubmit plans and pay a new plan review fee. The application shall
be subject to any new adopted laws, ordinances and regulations that became
effective since the original application date.
5) Amend subsection 105.5, Expiration, to read as follows:
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Page 4
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 12 months after its issuance,
or if the work authorized on the site by such permit is suspended, abandoned, or
without progress at any time after the work is commenced for a period of 180 days.
Progress shall further be defined as obtaining approval of one or more inspections
required in accordance with Section 110 of this Code. Prior to a permit's expiration
and upon a written request of the applicant demonstrating and identifying
circumstances beyond its reasonable control preventing completion of the work
authorized by the permit, the building official may grant, in writing, an extension of
time, for a period not to exceed 90 days. However, no permit shall be extended
such that its term exceeds three years from date of issuance, unless showing
significant cause for such extension and is authorized by the City Council.
Where a permit has expired, a new permit shall be required, and the reactivation
fee shall be one-half (1/2) the amount required for a new permit for such work,
provided no changes have been made or will be made in the original plans and
specifications for such work, and provided further that such expiration has not
exceeded one (1) year.
Exception: Permits related to code enforcement action may be set for
expiration dates of less than 180 days and is subject to the discretion of the
building official.
6) Add new subsection 105.8, Permit issuance restrictions, to read as follows:
105.8 Permit issuance restrictions. Permits for electrical, mechanical, or plumbing
work, on other than R-3 and associated U occupancies, shall only be issued to
California licensed contractors.
7) Amend subsection 107.5, Retention of construction documents, to read as follows:
107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than 90
days from date of completion of the permitted work, or as required by state or local
laws.
8) Add new subsection 110.3.12, Swimming pools, to read as follows:
110.3.12 Swimming pools. The minimum inspection requirements for swimming
pool permits are as listed.
110.3.12.1 Pre-Gunite. Inspection shall be made after all pool steal is in
place and bonded but prior to application of any gunite.
110.3.12.2 Underground plumbing, gas and electrical. Inspection shall be
made after the Pre-Gunite and installation of all underground utilities, but
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prior to covering any pipes or conduits.
Note: A single Combination Inspection may be performed which includes
Pre-Gunite and Underground.
110.3.12.3 Deck bonding. Inspection shall be made after the pool deck steel
is installed and bonded, but prior to pouring any concrete.
110.3.12.4 Encapsulation. inspection shall be made after the pool is
gunited, and the lighting niche is installed and wired, but prior to the
application of plaster or other finishes. All alarms, barriers and other
protective measures must be in place.
110.3.12.5 Final. Inspection shall be made after all work has been inspected
and complete and the pool is filled with water.
9) Amend subsection 111.2, Certificate issued, 3, to read as follows:
111.2 Certificate issued. 3. The name and address of the business or property
owner.
10) Amend subsection 111.2, Certificate issued, 6, to read as follows:
111.2 Certificate issued. 6. The name of the building official and the issuing
individual.
11) Amend subsection 113.1, Board of Appeals, to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the application and
interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals in the City of Palm Springs shall be the City Council as set
forth in Palm Springs Municipal Code 8.04.340. The City Council shall adopt rules
of procedure for conducting its business.
12) Amend section 202, Definitions, by adding the following definition:
FIVE MINUTE FIRE DEPARTMENT RESPONSE TIME. The Five -Minute Fire
Department Response Time is defined as the time the fire station or response
personnel receive notification of a call for emergency service, allowing one -minute
for "firefighter turnout" and four -minutes for travel on paved streets. The Palm
Springs Fire Department Five -Minute Response Time Map is identified in Appendix
M of the Fire Code of the City of Palm Springs.
13) Amend subsection 502.1, Address identification, to read as follows:
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Page 6
502.1 Address identification. New and existing buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be
spelled out. Each character shall be 12 inches high for commercial and 6 inches
high for residential with a minimum stroke width of 0.5 inch. Where required by the
fire code official, address identification shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument, pole or
other sign or means shall be used to identify the structure. Address identification
shall be maintained.
14) Add new subsection 901.6.1.1, Approval required, to read as follows:
901.6.1.1 Approval required. Prior to the removal of any fire protection system,
approval shall be obtained from the fire code official.
15) Amend subsection 903.2, Where required, to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings
and structures shall be provided in locations described in Sections 903.2.1 through
903.2.22 as amended by this code. For purposes of this code, subsections
regarding building size and fire resistive construction shall not be considered for
purposes of reducing the gross fire area of that building.
Exceptions: (1) Group U Occupancies of non-combustible construction; and
(2) Group S-2 carports — 100% open on all sides of non-combustible
construction.
An approved automatic fire sprinkler system shall be installed in any building,
regardless of gross fire area, that is built beyond a five-minute fire department
emergency response time as defined in Section 202.
Exceptions: (1) Group U Occupancies of non-combustible construction; and
(2) Group S-2 carports — 100% open on all sides of non-combustible
construction.
An approved automatic fire sprinkler system shall be installed in every Group A
Occupancy per Section 903.2.1 including those that result from a change of use in
an existing building or portion thereof.
Exception: Group A-2 occupancies.
16) Delete subsection 903.2.1.1, Group A-1.
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17) Amend subsection 903.2.1.2, Group A-2, to read as follows:
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group
A-2 occupancies where one of the following conditions exist:
1. The fully enclosed area exceeds 3,000 square feet. For the purposes of
this section, the term "fully enclosed area" means an area enclosed by fire
walls, fire barriers, or walls extending from floor to ceiling but does not
include patio areas included solely within the horizontal projection of the
roof or floor next above.
2. The fire area exceeds 5,000 square feet.
3. The fire area has an occupant load of 100 or more.
4. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
5. The structure exceeds 5,000 square feet, contains more than one fire area
containing a Group A-2 occupancy, and is separated into two or more
buildings by fire walls of less than four-hour resistance rating without
openings.
18) Delete subsection 903.2.1.3, Group A-3.
19) Delete subsection 903.2.1.4, Group A-4.
20) Delete subsection 903.2.1.5, Group A-5.
21) Amend item 1 of subsection 903.2.3, Group E, to read as follows:
1. Throughout all Group E fire areas greater than 3,000 square feet in area.
22) Amend the exception to item 2 of subsection 903.2.3, Group E, to read as follows:
Exception: An automatic sprinkler system is not required in any fire area or
area below the level of exit discharge where every classroom throughout
the building has at least one exterior exit door at ground level and the fire
area does not exceed 3,000 square feet.
23) Amend items 1 and 3 of subsection 903.2.4, Group F-1, to read as follows:
1. Where a Group F-1 fire area exceeds 3,000 square feet.
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3. Where the combined area of all Group F-1 fire areas on all floors, including
any mezzanines, exceeds 3,000 square feet.
24) Amend items 1, 3, 4 and 5 of subsection 903.2.7, Group M, to read as follows:
1. Where a Group M fire area exceeds 3,000 square feet.
3. Where the combined area of all Group M fire areas on all floors, including
any mezzanines, exceeds 3,000 square feet.
4. A Group M occupancy used for the display and sale of upholstered furniture
and mattresses exceeds 3,000 square feet.
5. The structure exceeds 3,000 square feet, contains more than one fire area
containing a group M occupancy and is separated into two or more buildings
by fire walls of less than 4-hour fire -resistance rating.
25) Amend items 1, 3 and 4 of subsection 903.2.9, Group S-1, to read as follows:
1. A Group S-1 fire area exceeds 3,000 square feet.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 3,000 square feet.
4. A Group S-1 fire area used for the storage of commercial trucks or buses
where the fire area exceeds 3,000 square feet.
26) Amend items 1, 2 and 4 of subsection 903.2.9.1, Repair garages, to read as
follows:
1. Buildings two or more stories in height, including basements, with a fire area
containing a repair garage exceeding 3,000 square feet.
2. One-story buildings with a fire area containing a repair garage exceeding
3,000 square feet.
4. A Group S-1 fire area used for repair of commercial trucks or buses where
the fire area exceeds 3,000 square feet.
27) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as
follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system
shall be provided throughout all buildings containing a Group S-2 occupancy, as
classified in accordance with section 406.6 of the California Building Code, where
one of the following conditions exists:
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1. A Group S-2 fire area exceeds 3,000 square feet; or
Exception: Group S-2 carports — 100% open on all sides of non-
combustible construction.
2. Where the enclosed parking garage is located beneath other groups.
28) Amend subsection 903.2.10.1, Commercial parking garages, to read as follows:
903.2.10.1 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.
29) Add new subsection 903.2.21, Group B, to read as follows:
903.2.21 Group B. An automatic sprinkler system shall be provided throughout all
new buildings containing a Group B occupancy that exceeds 3,000 square feet.
30) Add new subsection 903.2.22, Group F-2, to read as follows:
903.2.22 Group F-2. An automatic sprinkler system shall be provided throughout
any new building containing a Group F-2 occupancy that exceeds 3,000 square
feet.
31) Amend subsection 903.3.9, Floor control valves, to read as follows:
903.3.9 Floor control valves. Approved supervised indicating control valves, check
valves, water flow detection assemblies and main drains shall be provided at the
point of connection to the riser on each floor in buildings three or more stories in
height unless otherwise approved by the fire code official. Valve locations will be
determined and approved by the fire code official.
32) Add new subsection 903.6, Increased square footage, to read as follows:
903.6 Increased square footage. Any existing building or structure undergoing
construction or alteration which adds square footage exceeding the total area as
prescribed in Section 903.2 shall require an approved automatic fire sprinkler
system.
Exceptions: (1) One and two-family dwellings and manufactured homes;
and (2) additions to occupancies equaling fifty (50) percent or less of total
floor area. Fire sprinkler requirements for these occupancies shall be
determined based on California Fire Code Table B105.1 — Minimum
Required Fire Flow for Buildings.
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33) Amend subsection 907.2.12, High-rise buildings, to read as follows:
907.2.12 High-rise buildings. High-rise buildings and buildings having occupied
floors located more than 60 feet above the lowest level of fire department vehicle
access shall be provided with an automatic smoke detection system in accordance
with 907.2.12.1 and emergency voice/alarm communication systems in
accordance with Section 907.5.2.2.
34) Amend subsection 907.2.18, Deep underground buildings, to read as follows:
907.2.18 Deep underground buildings. All underground buildings shall be
equipped throughout with a manual fire alarm system, including an emergency
voice/alarm communication system installed in accordance with Section 907.5.2.2.
35) Amend subsection 1203.1, Equipment and systems, by adding the following
sentence at the end of the section:
1203.1 Equipment and systems. In residential occupancies, air conditioning
facilities shall be provided at all times which are capable of maintaining a maximum
room temperature of 80 degrees Fahrenheit in all habitable rooms.
36) Subsection 1206.1, Scope, is amended to read as follows:
1206.1 Purpose and Scope. The purpose of this section is to establish uniform
minimum noise insulation performance standards to protect persons within hotels,
motels, dormitories, apartment houses, attached dwellings, and those detached
single-family dwellings located within the airport `N' zone overlay from the effects
of excessive noise, including, but not limited to, hearing loss or impairment and
interference with speech and sleep.
37) Amend subsection 1510.1, General, to read as follows:
1510.1 General. The provisions of this section shall govern the construction of
rooftop structures. All rooftop equipment, unless exempted by the Building Official,
shall be provided with an approved six (6) inch high platform equipped with a sheet
metal cover. Design of the platform shall be as per City detail or approved equal.
38) Amend subsection 3109.1, General, to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot
tubs shall comply with the California Codes.
39) Add subsection 3109.2.1, Drowning prevention safety features, to read as follows:
3109.2.1 Drowning prevention safety features. Under section 115922, number (1)
shall be required plus one of the other remaining six drowning prevention features.
Ordinance No. 2008
Page 11
40) Add new subsection J101, Building Official, to Appendix J, Grading, to read as
follows:
J101 Building Official. For the purpose of administration and enforcement of this
Appendix J, Grading, the building official shall mean the City Engineer or his or her
designated representative.
41) Add new subsection J104.1.1, Grading designation, to Appendix J, Grading, to
read as follows:
J104.1.1 Grading designation. Grading in excess of 2,000 cubic yards shall be
performed in accordance with an approved grading plan prepared by a civil
engineer, and shall be designated as "engineered grading". Grading involving less
than 2,000 but more than 50 cubic yards shall be performed in accordance with an
approved grading plan prepared by an appropriate design professional as allowed
by the building official, and shall be designated "regular grading" unless the
permittee chooses to have the grading performed as engineered grading, or the
building official determines that special conditions or unusual hazards exist, in
which case grading shall conform to the requirements for engineered grading.
Grading involving less than 50 cubic yards shall be exempt from the requirements
for a grading plan, unless determined otherwise by the building official, in which
case grading shall conform to the requirements for regular grading.
Exception: Grading in excess of 2,000 cubic yards which is primarily of a
landscaping and "fine grading" nature, where no flood hazard is present,
may be designated "regular grading" at the discretion of the building official.
42) Amend subsection J104.2, Site plan requirements by adding text after the first
paragraph of the subsection to read as follows:
Dust Control. An effective means of dust control, which shall include provisions or
adequate watering during the grading provisions for adequate watering during the
grading process and provision for continuance of dust control after grading, until
such time that the graded surface presents sufficient protective cover against wind
or water erosion so that special dust control measures are no longer necessary.
Engineered Grading Requirements. An application for a grading permit shall be
accompanied by two sets of plans and specifications, and a soils report meeting
the requirements of Section J104.3. The plans and specifications shall be prepared
and signed by an individual licensed to practice as a civil engineer by the California
Board of Professional Engineers and Land Surveyors.
Specifications, when required, shall contain information covering construction and
material requirements.
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Page 12
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature
and extent of the work proposed and show in detail that they will conform to the
provisions of this code and all relevant laws, ordinances, rules, and regulations.
The first sheet of each set of plans shall give the location of the work, the name
and address of the owners, and the person by whom they were prepared.
The plans shall include the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of
terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with, or as a
part of, the proposed work, together with a hydrology study including a map
showing the drainage area and the calculations of the estimated stormwater
runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the work is to
be performed and the location of any buildings or structures on land of
adjacent owners that are within 15 feet of the property or that may be
affected by the proposed grading operations.
6. Recommendations included in the soils report shall be incorporated in the
grading plans or specifications. When approved by the building official,
specific recommendations contained in the soils report, which are
applicable to grading, may be included by reference.
7. The dates of the soils report together with the names, addresses and phone
numbers of the firms or individuals who prepared the report.
Regular Grading Requirements. An application for a grading permit shall be
accompanied by two sets of plans and specifications, and a soils report meeting
the requirements of Section J104.3. The plans and specifications shall be prepared
and signed by an individual appropriately licensed to practice civil engineering,
architecture, or a similar field by the state of California, with experience preparing
grading plans, or as allowed by the building official.
Plans and specifications for regular grading shall conform to the requirements for
engineered grading; however, particular requirements may be waived at the
discretion of the building official given the particular nature of proposed grading
designated as "regular grading."
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Page 13
Exception: Grading in excess of 2,000 cubic yards which is primarily of a
landscaping and "fine grading" nature, where no flood hazard is present,
may be termed "regular grading" at the discretion of the Building Official.
SECTION 5. Section 8.04.016 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.016 California Residential Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2019 California Residential Code, California Code
of Regulations Title 24, Part 2.5, including Chapter 1 and Appendix H, and all tables and
indices thereto, except as hereinafter modified, is hereby adopted by reference as the
Palm Springs Residential Code pursuant to Section 50022.1 et seq. of the California
Government Code.
SECTION 6. Section 8.04.017 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.017 California Residential Code —Additions, Amendments and Deletions.
The California Residential Code adopted herein by reference is hereby modified by the
following additions, amendments and deletions:
1) Amend section R303, Light, Ventilation and Heating to read as follows:
R303 Light, Ventilation, Heating and Air Conditioning
2) Add new subsection R303.11, Required air conditioning, to read as follows:
R303.11 Required air conditioning. Every dwelling unit shall be provided with air
conditioning facilities capable of maintaining a room temperature of not more than
80 degrees Fahrenheit in all habitable rooms.
3) Add new subsection R313.1.2, Townhouse increased square footage, to read as
follows:
R313.1.2 Townhouse increased square footage. Any existing building or structure
undergoing construction or alteration which adds square footage exceeding the
total area as prescribed in Section 903.2 of the Palm Springs Fire Code, Article VI
of the City of Palm Springs Municipal Code, shall require an approved automatic
fire sprinkler system.
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Page 14
Exceptions: (1) One and two-family dwellings and manufactured homes;
and (2) additions to occupancies equaling fifteen (15) percent or less of total
floor area. Fire sprinkler requirements for these occupancies shall be
determined based on California Fire Code Table B105.1 — Minimum
Required Fire Flow for Buildings.
4) Add new subsection R313.2.2, Increased square footage, to read as follows:
R313.2.2 Increased square footage. Any existing building or structure undergoing
construction or alteration which adds square footage exceeding the total area as
prescribed in Section 903.2 of the Palm Springs Fire Code, Article VI of the City of
Palm Springs Municipal Code, shall require an approved automatic fire sprinkler
system.
Exceptions: (1) One and two-family dwellings and manufactured homes;
and (2) additions to occupancies equaling fifteen (15) percent or less of total
floor area. Fire sprinkler requirements for these occupancies shall be
determined based on California Fire Code Table B105.1 — Minimum
Required Fire Flow for Buildings.
5) Amend subsection R801.2, Requirements, by adding a new paragraph at the end
of the subsection to read as follows:
All rooftop equipment unless exempt by the Building Official, shall be provided with
an approved six-inch high platform equipped with a sheet metal cover. Design of
the platform shall be as per City detail or approved equal.
SECTION 7. Section 8.04.020 of the Palm Springs Municipal Code is amended
and restated to read as follows:
8.04.020 California Mechanical Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2019 California Mechanical Code, California Code
of Regulations Title 24, Part 4, including Chapter 1 and all tables and indices thereto, is
hereby adopted by reference as the Palm Springs Mechanical Code pursuant to Section
50022.1 et seq. of the California Government Code.
SECTION 8. Section 8.04.021 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.021 California Mechanical Code —Additions, Amendments and Deletions.
The California Mechanical Code adopted herein by reference is hereby adopted.
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Page 15
SECTION 9. Section 8.04.030 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.030 California Plumbing Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2019 California Plumbing Code, California Code of
Regulations Title 24, Part 5, including Chapter 1, Appendices A, B, D, G, H, I, and K, and
all tables and indices thereto, is hereby adopted by reference as the Palm Springs
Plumbing Code of pursuant to Section 50022.1 et seq. of the California Government
Code.
SECTION 10. Section 8.04.031 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.031 California Plumbing Code —Additions, Amendments and Deletions.
The California Plumbing Code adopted herein by reference is hereby adopted.
SECTION 11. Section 8.04.035 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.035 International Property Maintenance Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2018 International Property Maintenance Code,
including all appendices, tables and indices thereto, is hereby adopted by reference as
the Palm Springs Property Maintenance Code pursuant to Section 50022.1 et seq. of the
California Government Code.
SECTION 12. Section 8-04.036 of the Palm Springs Municipal Code is hereby
modified by the following additions, amendments and deletions:
8.04.036 International Property Maintenance Code —Additions, Amendments and
Deletions.
The International Property Maintenance Code adopted herein by reference is
hereby amended and restated to read as follows:
1) Amend the title of section 602 to read as follows:
Section 602 Heating and Air Conditioning Facilities
Ordinance No. 2008
Page 16
2) Amend section 602.1 Facilities required, to read as follows:
602.1 Facilities required. Heating and air conditioning facilities shall be provided in
structures as required by this section.
3) Amend section 602.2 by adding the following sentence at the end of the section:
602.2 Residential occupancies. Dwellings shall be provided with air conditioning
facilities at all times, capable of maintaining a maximum temperature of 80 degrees
Fahrenheit in all habitable rooms.
4) Add subsection 602.3.1 to read as follows:
602.3.1 Air conditioning supply. Every owner and operator of any building who
rents, leases or lets one or more dwelling units or sleeping units shall supply air
conditioning at all times, to maintain a maximum temperature of 80 degrees
Fahrenheit in all habitable rooms.
SECTION 13. Section 8.04.040 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.040 California Existing Building Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2019 California Existing Building Code, California
Code of Regulations, Title 24, Part 10, including Chapter 1, is hereby adopted by
reference as the Palm Springs Existing Building Code pursuant to Section 50022.1 et
seq. of the California Government Code.
SECTION 14. Section 8.04.045 is hereby added to the Palm Springs municipal
Code to read as follows:
8.04.045 California Historical Building Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2019 California Historical Building Code, California
Code of Regulations Title 24, Part 8, and including Chapter 8-1, Appendix A, and all tables
and indices thereto, is hereby adopted by reference as the Palm Springs Historic Building
Code pursuant to Section 50022.1 et seq. of the California Government Code.
Ordinance No. 2008
Page 17
SECTION 15. Section 8.04.050 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
08.04.050 California Electrical Code —Adopted.
That certain document, a copy of which is on file with the office of the City Clerk,
being marked and designated as the 2019 California Electrical Code, California Code of
Regulations Title 24, Part 3, including Article 89, and all appendices, tables and indices
thereto except as amended herein, is hereby adopted by reference as the Palm Springs
Electrical Code pursuant to Section 50022.1 et seq. of the California Government Code.
SECTION 16. Section 08.04.055 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
08.04.055 California Electrical Code —Additions, Amendments and Deletions.
The California Electrical Code adopted herein by reference is hereby modified by
the following additions, amendments and deletions:
1) Add new item (1) following subsection 90.8(A) to read as follows:
(1) Provisions for Future Solar PV Energy Systems. A one -inch
diameter electrical conduit shall be provided for installation of future
solar PV energy systems on single family dwellings. The one -inch
diameter electrical conduit shall extend from the exterior wall location
adjacent to the main electrical service panel and terminate into the
attic space. At each location, the conduit shall terminate at a two -
gang, electric junction box. Three open spaces shall be provided at
the bottom of the buss to accommodate future solar PV systems.
2) Amend subsection 230.79(C), One -Family Dwellings, to read as follows:
230.79(C) One —Family Dwellings. For a one -family dwelling, the
service disconnecting means shall have a rating of not less than 200
amperes, 3-wire, with a minimum 225 amp bus.
Exception: Single -Family Attached single-family units. Solar ready
equipped panels with a busbar of 200 amps.
3) Add new subsection 310.15(B)(2)(a), Ambient Temperature in Exposed Attic or
Unconditioned Spaces, to read as follows:
Ordinance No. 2008
Page 18
310.15(B)(2)(a) Ambient Temperature in Exposed Attic or
Unconditioned Spaces. Where NM, NMC, NMS and other cables,
conductors and wiring methods listed in Chapter 3 are installed in an
attic that is exposed to outside temperatures, or in unconditioned
spaces, the ambient temperature shall be considered to exceed
140°F.
SECTION 17. Section 8.04.065 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
08.04.065 California Energy Code —Adopted.
That certain document, a copy of which is on file with the office of the City Clerk,
being marked and designated as the 2019 California Energy Code, California Code of
Regulations Title 24, Part 6, including all appendices, tables and indices thereto, is hereby
adopted by reference as the Palm Springs Energy Code, pursuant to Section 50022.1 et
seq. of the California Government Code.
SECTION 18. Section 08.04.070 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
08.04.070 California Green Building Standards Code —Adopted.
That certain document, a copy of which is on file with the office of the City Clerk,
being marked and designated as the 2019 California Green Building Standards Code,
California Code of Regulations Title 24, Part 11, including Chapter 1, and all appendices,
tables and indices thereto, is hereby adopted by reference as the Palm Springs Green
Building Code pursuant to Section 50022.1 et seq. of the California Government Code.
SECTION 19. Article IV of Chapter 8.04 of the Palm Springs Municipal Code is
hereby amended and restated to read as follows:
08.04.300 (Reserved).
08.04.310 (Reserved).
08.04.320 (Reserved).
8.04.340 Local Appeals Board and Housing Appeals Board.
(a) The City Council shall serve as the Local Appeals Board and the Housing Appeals
Board, and the City Council's authority to hear appeals shall be the same as cited in each
of the uniform codes adopted under Chapter 8.04 and as referenced in Section 8.04.005
Ordinance No. 2008
Page 19
of this code, and California Health and Safety Code Sections 17920.5 and 17920.6.
(b) Any person aggrieved of any decision of the director of building and safety
services, or any decision of any designee of the director, including but not limited to the
issuance of a notice of violation or the initiation of any enforcement action pursuant to the
provisions of the uniform codes adopted under Chapter 8.04, and as referenced Section
8.04.010 of this code, shall within ten days following the action file a written notice of
appeal with the city clerk. The appeal shall set forth the appellant's full name and mailing
address, the specific action appealed from, the grounds for the appeal and the relief
sought, and shall include the payment of the appeal fee as established or amended from
time to time by resolution of the city council.
SECTION 20. FINDINGS. The City Council of the City of Palm Springs ("City") is
informed and finds that it is reasonably necessary to amend certain portions of the 2019
Edition of The California Building Standards Code, known as the California Code of
Regulations, Title 24, to meet the particular climatic, geological and topographical
conditions existing in the City. The City Council further finds that some changes and
modifications are of an administrative or procedural nature, or concern themselves with
subjects not covered by the Code, or are reasonably necessary to safeguard life and
property within the City. The City Council hereby adopts the following (climatic,
geological, and topographical, where applicable) findings to support the proposed
amendments to the 2019 California Building Standards Code made herein in this
Ordinance:
(a) The City is subject to relatively low amounts of precipitation, very low
humidity levels, and extremely high temperatures. These climatic
conditions are conducive to the spread of fire. For example, during the
summer months, temperatures often exceed 100 degrees Fahrenheit.
During the same months, humidity is usually less than 40%, and humidity
measurements less than 15% are not uncommon. These conditions
contribute to an increased likelihood of fire. Moreover, minor fires have a
greater tendency of spreading rapidly due to such conditions.
(Finding applicable to Amendments to California Building Code Sections
901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1,
903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.10.2.4, 907.2.12, 907.2.18;
California Residential Code Sections R313.1.2 and R313.2.2; and
California Electrical Code Section 310.15(13)(2)(a).)
(b) The City is subject to extremely strong winds, commonly referred to as
"Santa Ana Winds", which reach speeds in excess of 50 miles per hour.
Extensive damage often occurs during such winds including fallen trees,
blowing sand and debris; downed utility poles, utility circuits, and utility
service lines; and structural damage to buildings. These adverse conditions
Ordinance No. 2008
Page 20
can cause: (1) fires, (2) impairment of emergency apparatus access, (3)
delays in response times of emergency apparatus, and (4) the depletion of
apparatus readily available for fire suppression activities.
(Finding applicable to Amendments to California Building Code Sections
901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1,
903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18, Appendix J104.2;
and California Residential Code Sections R313.1.2 and R313.2.2.)
(c) Aside from relatively level desert, the City also consists of mountains, brush,
and covered wild lands. Elevation ranges from 479 feet in the central
business district to 4,000 feet in the mountains in the most Southern
boundaries of the city limits. Topography extends from flat to 15% slope for
habitable land. Traffic and circulation congestion in the urban areas to
buildings located in the commercial areas in the most Northern and Eastern
boundaries of the city limits often place fire department response time to
emergencies at risk. This condition necessitates the need for enhanced on -
site fire protection systems for properties.
(Finding applicable to Amendments to California Building Code Sections
901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1,
903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18; and California
Residential Code Sections R313.1.2 and R313.2.2.)
(d) The San Andreas Fault is a major earthquake fault located in close proximity
to the City of Palm Springs. In addition, there are numerous minor faults
located throughout Riverside County that are subject to seismic activity.
Additionally, Palm Springs is also subject to high wind conditions, blowing
sand, flooding, landslides and wildfires. The placement of existing and new
development buildings along with fire department staffing constraints have
made it difficult for the fire department to locate additional fire stations.
These constraints challenge current staffing to concentrate fire companies
and personnel to control fires in single- and multi -story retail buildings,
residential, commercial, and industrial buildings, making enhanced, built-in
fire protection systems necessary.
(Finding applicable to Amendments to California Building Code Sections
901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5,
903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1,
903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18; and California
Residential Code Sections R313.1.2 and R313.2.2.)
(e) During the months of June through September it is common for
temperatures to exceed 100 degrees F and even rise to 115 degrees F on
Ordinance No. 2008
Page 21
occasions. Indoor temperatures may become intolerable and may even be
harmful to seniors, children, and people with chronic illnesses. For this
reason, amendments are necessary for the health and safety of residents
and tenants.
(Finding applicable to Amendments to the California Building Code Section
1203.1; California Residential Code Section R303.11; and International
Property Maintenance Code Sections 602.1, 602.2 and 602.3.1.)
(f) Additional amendments and deletions to the California Building Code and
the California Electrical Code are administrative or procedural in nature and
reasonable and necessary to safeguard life and property within the City.
(Finding applicable to Amendments to the California Building Code Sections
101.1, 102.6, 105.2, 105.3.2, 105.5, 105.8, 107.5, 110.3.12, 111.2, 113,
202, 502.1, 1206.1, 1510.1, 3109.1 and J101.1; and California Electrical
Code Section 89.115.1.)
(g) The City of Palm Springs averages over 250 sunny days per year. Given its
hot and dry climate makes it ideal for the construction of private and public
swimming pools. A leading cause of death for young children is pool
drowning.
(Finding applicable to Amendment to the California Building Code Section
3109.2.1.)
(h) The City of Palm Springs averages over 250 sunny days and 350 days with
sunshine. Given this great amount of solar energy, and the need and desire
to be green and sustainable, many residential builders and property owners
are choosing to install photovoltaic systems on their dwellings. Moreover,
the California Energy Code is prescriptively requiring photovoltaic systems
on new single-family dwellings.
(Finding applicable to Amendments to the California Electrical Code
Sections 90.8(A)(1) and 230.79(C).)
(i) The topography of the City includes level lands of sandy soils to varying
types of rock found in the foothills and mountains.
The California Building Code, without amendments, does not provide
sufficient information for grading operations, and thus amendments are
necessary to safeguard life and property within the City.
(Finding applicable to Amendments to California Building Code Sections
J104.1.1 and J104.2.)
Ordinance No. 2008
Page 22
SECTION 21. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY
ACT. The City Council finds that the amendments to the Municipal Code, made pursuant
to this Ordinance, are exempt from the California Environmental Quality Act ("CEQA")
because they do not constitute a project within the meaning of CEQA Section 15378. The
amendments herein have no potential for resulting in physical change to the environment,
directly or indirectly. The City Council further finds, under Title 14 of the California Code
of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the
requirements of CEQA in that the activity is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. These amendments do not allow any new activities, but merely adopt
updated language. The City Clerk shall be the custodian of record for the documentation
supporting this action. Staff is hereby directed to file a Notice of Exemption with within
five (5) days of the adoption of this Ordinance.
SECTION 22. OPERATIVE DATE. The provisions of this Ordinance shall become
operative on January 1, 2020, which is the effective date of the 2019 edition of the
California Building Standards Codes, enacted by the State of California.
SECTION 23. EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Ordinance and shall cause the same, or the
summary thereof, to be published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
SECTION 24. SEVERABILITY. If any section, subsection, clause or phrase of
this ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such a decision shall not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Palm Springs, hereby declares that it would have passed
this ordinance and each section of subsection, sentence, clause and phrase thereof,
irrespective of the clauses or phrases being declared invalid.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS, 9T" DAY OF JANUARY, 2020.
GEOFFI IRS, MAYOR
a
ANTHONY J. MFJIAI M
CITY CLERK
Ordinance No. 2008
Page 23
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2008 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 19th day of December, 2019, and
adopted at a regular meeting of the City Council held on the 9th day of January, 2020, by
the following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and
Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this d(,-= day of i ��
Anthony J. Me' MMC
City Clerk