HomeMy WebLinkAbout1731 - ORDINANCES - 12/19/2007 ORDINANCE NO. 1731
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING AND AMENDING
THE 2007 EDITIONS OF THE CALIFORNIA BUILDING
CODE WITH APPENDIX CHAPTER 1, APPENDICES C, I,
AND J, AND THE CALIFORNIA ELECTRICAL CODE AND
ADOPTING THE 2007 EDITIONS OF THE CALIFORNIA
MECHANICAL, PLUMBING, EXISTING BUILDING, AND
ENERGY CODES, AND THE 1997 EDITION OF THE
UNIFORM HOUSING CODE, FOR JANUARY 1, 2008
THROUGH MARCH 31, 2008.
City Attorney Summary
This Urgency Ordinance adopts the 2007 Editions of the
California Building, Plumbing, Electrical, Mechanical,
California Energy Code and Existing Building Codes,
adopted by the State of California and amends the 2007
Edition of the California Building Code and Electrical Code.
This Urgency Ordinance readopts the 1997 Edition of the
Uniform Housing Code and effective for the period between
January 1, 2008 through March 31, 2008.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 804.005 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.005 Citation of Building Code.
This Chapter, consisting of the California Building Code, Volumes 1 & 2, 2007 edition;
the California Mechanical Code, 2007 edition; the California Plumbing Code, 2007
edition; the California Electrical Code, 2007 edition; the California Existing Building
Code, 2007 edition; the California Energy Code, 2007 edition; the Uniform Housing
Code, 1997 edition; and the California Seismic Safety Commission Model Ordinance,
may be collectively referred to and cited as the "Palm Springs Building Code."
SECTION 2. Section 8.04.010 of the Palm Springs Municipal Code is hereby amended
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 "California Building Code, Volumes 1 & 2, 2007
edition; and Appendix Chapter 1, Appendices C, I and J, including tables and indices
thereto, except as hereinafter modified, are hereby adopted as the Building Code of the
Ordinance No, 1731
Page 2
City of Palm Springs by reference, pursuant to the provisions of Section 50022.1 et seq.
of California Government Code."
SECTION 3. Section 8.04.015 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.015 California Building Code —Additions, Amendments and Deletions.
The California Building Code adopted herein by reference is hereby amended by the
following additions, deletions and amendments:
(1) Amend subsection 903.2 Where required.
Approved automatic sprinkler systems in new buildings and structures shall be
provided in locations described in this section. An approved automatic fire
sprinkler system shall be installed in every building where the gross fire area
exceeds 3,000 square feet.
An approved automatic fire sprinkler system shall be installed in any building,
regardless of gross fire area, which is built beyond a five-minute fire department
emergency response time as defined from time to time by resolution of the City
Council.
For purposes of this code subsection regarding building size, fire resistive
construction shall not be considered for purposes of reducing the gross fire area
of that building. In all Group R occupancies, the locally modified standard for
installation of fire sprinkler systems shall be used.
(2) Add Exception #3 and #4 to subsection 903.2 Where Required.
Exceptions.
#3 Detached single-family residences.
#4 Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are exempt
from the five-minute response time fire sprinkler requirement.
(3) Amend subsection 903.2.1 Group A.
An approved automatic fire sprinkler system shall be installed in every Group A
Occupancy including those that result from a change of use in an existing
building or portion thereof.
(4) The following is added to Section 1207.1; Purpose and Scope, is amended to
read as follows: 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-
Ordinance No. 1731
Page 3
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.
(5) The following is added to Section 1505, Fire Classification: all wood, shakes or
shingles, as defined in Section 1505, shall be pressure treated fire retardant with
a minimum Class B rating.
(6) Subsection 1509, Rooftop Structures, is amended by the addition of the following
paragraph: All roof top 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.
(7) Appendix Chapter 1, Administration, Subsection 105.2, Work exempt from permit
is amended as follows: Under "Building" list, items 2, 3, 4, 5, 6, 8, 9, 10, 11 and
12 are deleted.
(8) The following is added to Appendix J, Grading: For the purpose of administration
and enforcement of this Appendix Chapter, Grading, the Building Official shall
mean the Director of Public Works or his designated representative.
(9) The following is added to Appendix J, Section J104.1: Grading in excess of 2,000
cubic yards shall be performed in accordance with the approved grading plan
prepared by a civil engineer, and shall be designated as "engineered grading."
Grading involving less than 2,000 cubic yards shall be designated as "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.
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.
(10) The following paragraph is added to Appendix J, Section J104.2, Site Plan
Requirements: 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."
SECTION 4. Section 8.04.020 of the Palm Springs Municipal Code is amended to read
as follows:
"$.04.020 California Mechanical Code —Adopted.
Ordinance No. 1731
Page 4
That certain document, a copy of which is on file in the office of the City Clerk, being
marked and designated as "California Mechanical Code, 2007 edition", and all
appendices, tables and indices thereto, except as hereinafter modified, is hereby
adopted as the Mechanical Code for the City of Palm Springs, by reference, pursuant to
the provisions of Section 50022.1 et seq. of the California Government Code."
SECTION 5. Section 8.04.025 of the Palm Springs Municipal Code titled "California
Mechanical Code, Additions and Amendments" is hereby repealed in its entirety.
SECTION 6. Section 8.04.030 of the Palm Springs Municipal Code is hereby amended
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 "California Plumbing Code, 2007 edition", including
Appendix Chapters 1, A, B, D, I and K, including tables and indices thereto, except as
hereinafter modified, is hereby adopted as the Plumbing Code for the City of Palm
Springs by reference, pursuant to the provisions of Section 50022.1 et seq. of the
California Government Code."
SECTION 7. Section 8.04.032 of the Palm Springs Municipal Code titled "California
Plumbing Code, Additions and Amendments" is hereby repealed in its entirety.
SECTION 8. Section 8.04.035 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.035 Uniform Housing Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk, being
marked and designated as "Uniform Housing Code, 1997 edition", and all appendices,
tables and indices thereto, is hereby adopted as the Uniform Housing Code of the City
of Palm Springs by reference, pursuant to the provisions of Section 50022.1 et seq. of
the California Government Cade."
SECTION 9. Section 8.04.040 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.040 California Existing Building Code Appendix A-1 —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk, being
marked and designated as "California Existing Building Code Appendix A 1, 2007
edition", is hereby adopted as the Existing Building Code of the City of Palm Springs by
reference, pursuant to the provisions of Section 50022.1 et seq. of the California
Government Code."
Ordinance No. 1731
Page 5
SECTION 10. Section 8.04.045 of the Palm Springs Municipal Code titled "Uniform
Solar Energy Code—Adopted." is hereby repealed in its entirety.
SECTION 11. Section 8.04.050 of the Palm Springs Municipal Code titled "Uniform
Swimming Pool, Spa and Hot Tub Code—Adopted." is hereby repealed in its entirety.
SECTION 12. Section 8.04.055 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.055 California Electrical Code —Adopted.
That certain document, a copy of which is on file in the office of the City Clerk, being
marked and designated as "California Electrical Code, 2007 Edition", and all
appendices, tables and indices thereto except as amended herein, is hereby adopted as
the Electrical Code of the City of Palm Springs by reference, pursuant to all the
provisions of Section 50022.1 et seq. of the California Government Code, and all of its
provisions (except as hereinafter modified) shall regulate the installation, arrangement,
alternative, repair, use, and generation of electric wiring, connections, fixture,
apparatus, machinery, appliances, and other electric devices on premises within the
City."
SECTION 13. Section 8.04.060 of the Palm Springs Municipal Code is hereby amended
as follows:
"8.04.060 California Electrical Cade —Additions and Amendments.
The California Electrical Code adopted herein by reference is hereby amended by the
following additions and amendments:
1. Add the following to the end of Subsection 90-8(A):
SERVICE LOAD. The main switch and/or distribution panel of a single family dwelling or
condominium occupancy shall have an adequate capacity and space to carry the
calculated load, plus an 8 KW future with four (4) spare spaces at the time of final
inspection. The 8 KW load is not to be reduced by any demand factor.
2. Add the following to the end of Subsection 310-2(B):
ALUMINUM CONDUCTOR LIMITATIONS. No aluminum wiring shall be used.
EXCEPTION: Aluminum wiring in sizes 1/0 and larger may be used for main feed to
sub-panels only and shall be enclosed in a raceway."
SECTION 14. Section 8.04.065 of the Palm Springs Municipal Code is hereby amended
to read as follows:
"8.04.065 California Energy Code —Adopted.
Ordinance No. 1731
Page 6
That certain document, a copy of which is on file in the office of the City Clerk, being
marked and designated as "California Energy Code, 2007 edition", is hereby adopted as
the California Energy Code of the City of Palm Springs by reference, pursuant to the
provisions of Section 50022.1 et seq. of the California Government Code."
SECTION 15- Section 8.04.067 of the Palm Springs Municipal Code titled "Uniform
Administrative Code—Additions and amendments-" is hereby repealed in its entirety.
SECTION 16. OPERATIVE DATE. The provisions of this Ordinance shall become
operative on January 1, 2008, which is the effective date of the 2007 edition of the
California Building Standards Code, published by the State of California, and unless
extended by action of the City Council, shall expire on March 31, 2008 be of no further
force and effect.
SECTION 17. EFFECTIVE DATE. This urgency ordinance shall take effect immediately
upon its adoption by a four-fifths (4/5) vote of the City Council. 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 immediately upon the date
adopted.
SECTION 18. SEVERABILITY. If any section, subsection or clause of this ordinance
shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
section, subsection and clauses shall not be affected thereby.
SECTION 8. FINDINGS. This interim urgency ordinance is adopted pursuant to the
City's authority over matters of local concern as a charter city and Section 312 of the
Palm Springs City Charter. The City Council finds, determines, and declares that this
interim urgency ordinance is necessary for the preservation of the public health and
safety to ensure that continuation of existing building standards and codes. The
California Building Standards Commission adopted the 2007 Edition of the California
Building Standards Code in July 2007, with an effective date of January 1, 2008- The
2007 California Building Standards Code is based for the first time on the International
Building Code. The City Council, consisting of two members first elected in November
of 2007 and first seated on December 5, 2007, requires additional time to review and
consider the effects and applicability of the 2007 Edition of the California Building
Standards Code. The ninety days provided as the term of this urgency ordinance will
provide the City Council with adequate time to complete its review and adopt an
appropriate permanent ordinance that can become effective on or before April 1, 2008.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF DECEMBER, 2007-
MAYOR {
AyTf ST:
IL
v Y CLERK
Ordinance No. 1731
Page 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that the foregoing Ordinance No. 1731 was duly introduced, adopted, and passed
as an urgency ordinance at a regular meeting of the Palm Springs City Council on the
1 gth day of December, 2007 by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tem Foat.
ABSTAIN: None-
es Thompson, City Clerk
Ity of Palm Springs, California DP�4 I �ZOb
City of Palm Springs
f qbW Office of the City Clerk
3200 Ta6guirz Canyon Wiv•Yalm S,+rin�;,Ciiilornia 92?(2
(+ �, TEL (760)323-S20a • t"AX 060)3?2-S f32 •TDD (760)S64-9527
January 14, 2008
Mr. Thomas L. Morrison
Deputy Executive Director
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833.2936
Re: California Building Standards by the
City of Palm Springs, California
Dear Mr. Morrison:
Enclosed find certified copies of the resolution of express findings, Resolution
No. 22115, along with Urgency Ordinances 1731 and 1732 adopting and
amending the California Building Standards.
Yours truly,
ames Thompson
City Clerk
Enclosures
Post Office ,Sox 2743 • Pale Springs, California 92263-2743