HomeMy WebLinkAbout2078ORDINANCE NO. 2078
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 2022 CALIFORNIA BUILDING CODE, INCLUDING
CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA
RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022
CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING
CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022
CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022
CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE
2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES;
THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND
THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE,
INCLUDING ALL APPENDICES AS MANDATED BY CALIFORNIA
HEALTH AND SAFETY CODE SECTION 18938 AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
I
CITY ATTORNEY SUMMARY
This Ordinance adopts and amends the 2022 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 2021
International Property Maintenance Code.
WHEREAS, pursuant to Government Code section 50022.1 et seq., the City
of Palm Springs ("City") may adopt by reference the California Building Standards
Code, 202219 Edition as provided in Title 24 of the California Code of Regulations
and other codes, including, without limitation, the California Building, Residential,
Mechanical, Plumbing, Existing Building, Historical Building, Electrical, Energy and
the Green Building Standards Codes, in addition the 2021 International Property
Maintenance Code (collectively, the "Uniform Codes").
WHEREAS, on January 1, 2023, the California Building Standards
Commission ("Commission") will adopt the 2022 Edition of the California Building
' Standards Code; and
Ordinance No. 2078
Page 2
WHEREAS, the City Council has determined enforcement of the most
current editions of the California Building Standards Code with local amendments '
thereof, as recited herein as certain minimum standards are necessary for the
protection of the public health, safety and welfare of citizens of Palm Springs, and,
WHEREAS, the adoption of the State Building Codes in their most current
editions is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15308 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and
17958.7 a City may make such modifications in the requirements of the
regulations, adopted pursuant to Health and Safety Code Section 17922, as it
determines to be reasonably necessary because of local climatic, geological or
topographic conditions; and
WHEREAS, the City's unique climatic, geological and topographical
conditions make it reasonably necessary for the City to enact amendments to the
adoption of the 2022 California Building Standards Code; and
WHEREAS, the City's Building Official has recommended that changes and
modifications be made to the California Building Standards Code, and have
advised that certain changes and modifications to said Code are reasonably
necessary due to local conditions within the City, and have further advised that the ,
remainder of the said 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; and
WHEREAS, the City's Building Official has also recommended that changes
and modifications be made to the California Building Standards Code, which are
necessary for administrative clarification and to establish administrative standards
for the effective enforcement of the building standards of the City and do not modify
a building standard pursuant to California Health & Safety Code Sections 17958,
17958.7, and/or 18941.5; and
WHEREAS, the City held a public hearing on January 12, 2023, at which
time all interested persons had the opportunity to appear and be heard on the
matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing
pursuant to California Government Code Section 6066 on December 5, 2022 and
January 12, 2023; and
WHEREAS, any and all other legal prerequisites relating to the adoption of
this Ordinance have occurred.
Ordinance No. 2078
Page 3
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
' ORDAIN AS FOLLOWS:
SECTION 1. 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 2022 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 2022
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 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,
Ordinance No. 2078
Page 4
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 I
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 occasions. Indoor temperatures may become intolerable and '
may even be harmful to seniors, children, and people with chronic
Ordinance No. 2078
Page 5
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. 2078
Page 6
SECTION 2. 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.
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,
8.04.040
Amendments and Deletions.
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 3. 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 2022 California Building Code, including Chapter 1,
Appendices C, I, and J; the 2022 California Residential Code, including Appendix
AH; the 2022 California Mechanical Code; the 2022 California Plumbing Code,
including Appendices A, B, D, G, H, I and K; the 2021 International Property
Maintenance Code, including all Appendices; the 2022 California Existing Building
Code; the 2022 California Historical Building Code, including Appendix A; the 2022 ,
California Electrical Code, including all Appendices; the 2022 California Energy
Ordinance No. 2078
Page 7
Code, including all Appendices; and the 2022 California Green Building Standards
Code may be collectively referred to and cited as the Palm Springs Building Code.
SECTION 4. 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 2022 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.
SECTION 5. 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
Ordinance No. 2078
Page 8
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:
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: I
Ordinance No. 2078
Page 9
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 110.3.13, Swimming pools, to read as follows:
110.3.13 Swimming pools. The minimum inspection requirements for
swimming pool permits are as listed.
110.3.13.1 Pre-Gunite. Inspection shall be made after all pool steal
is in place and bonded but prior to application of any gunite.
110.3.13.2 Underground plumbing, gas and electrical. Inspection
shall be made after the Pre-Gunite and installation of all underground
utilities, but prior to covering any pipes or conduits.
Note: A single Combination Inspection may be performed which
includes Pre-Gunite and Underground.
110.3.13.3 Deck bonding. Inspection shall be made after the pool
deck steel is installed and bonded, but prior to pouring any concrete.
110.3.13.4 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.
110.3.13.5 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
Ordinance No. 2078
Page 10
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:
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
Ordinance No. 2078
Page 11
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.
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
Ordinance No. 2078
Page 12
two or more buildings by fire walls of less than four-hour resistance
rating without openings. I
18) 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.
19) 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.
20) 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.
3. Where the combined area of all Group F-1 fire areas on all floors, '
including any mezzanines, exceeds 3,000 square feet.
21) 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.
22) 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.
I
Ordinance No. 2078
Page 13
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.
23) 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.
24) 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:
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.
25) 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.
26) 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.
I
Ordinance No. 2078
Page 14
27) 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.
28) 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.
29) 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.
30) 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.
31) 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.
32) Amend subsection 1203.1, Equipment and systems, by adding the following
sentence at the end of the section:
Ordinance No. 2078
Page 15
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.
33) 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.
34) Amend subsection 1511.1, General, to read as follows:
1511.1 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.
35) 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.
36) 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.
37) 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.
38) Add new subsection J 104.1.1, Grading designation, to Appendix J, Grading,
to read as follows:
Ordinance No. 2078
Page 16
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, orthe 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.
39) 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.
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. I
Ordinance No. 2078
Page 17
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."
Exception: Grading in excess of 2,000 cubic yards which is primarily
of a landscaping and "fine grading" nature, where no flood hazard is
Ordinance No. 2078
Page 18
present, may be termed 'regular grading" at the discretion of the
Building Official. I
SECTION 6. 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 2022 California Residential Code,
California Code of Regulations Title 24, Part 2.5, including Chapter 1 and Appendix
AH, 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 7. 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.
Exceptions: (1) One and two-family dwellings and manufactured ,
homes; and (2) additions to occupancies equaling fifteen (15)
Ordinance No. 2078
Page 19
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 8. 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 2022 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 9. 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.
Ordinance No. 2078
Page 20
SECTION 10. 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 2022 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 11. 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 12. 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 2021 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 13. 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
2) Amend section 602.1 Facilities required, to read as follows:
602.1 Facilities required. Heating and air conditioning facilities shall be ,
Ordinance No. 2078
Page 21
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 14. 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 2022 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 15. 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 2022 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.
SECTION 16. 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
Ordinance No. 2078
Page 22
Clerk, being marked and designated as the 2022 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 17. 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:
F11
Ordinance No. 2078
Page 23
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 18. 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 2022 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 19. 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 2022 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 20. 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 of this code, and California Health and Safety Code
Sections 17920.5 and 17920.6.
Ordinance No. 2078
Page 24
(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 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 projectwithin
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 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, 2023, which is the effective date of the 2022
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.
Ordinance No. 2078
Page 25
PASSED, APPROVED, AND ADOPTED THIS 12T" DAY OF JANUARY, 2023.
Ll'I"ELEN
MAYOR
ATTEST:
BRENDA P EE, MMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2078 is a full, true, and correct copy, and was introduced at
a regular meeting of the Palm Springs City Council on December 5, 2022, and
adopted at a regular meeting of the City Council held on January 12, 2023 by the
following vote:
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern
Bernstein, Mayor Garner
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 2 � day of , 2023.
41� L�
Brenda Pre City Clerk
City of Palm Springs, California