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HomeMy WebLinkAbout12/19/2007 - STAFF REPORTS - 1.A. STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY ARNOLD SCHWARZENEGGER Governor BUILDING STANDARDS COMMISSION CIO!, 2525 Natomas Park Drive, Suite 130 RECEIVED Sacramento, California 95833 f T"' C;r n AL FI q F ,(916)263.0976 FAX(916)263-0959ZGOS 1' R, —4 Ari a' tap J�,i'! S Ti;0 t 1i-1Is0 i February 22, 2008 CITY CLtR�+ Mr. James Thompson City Clerk City of Palm Springs PO BOX 2743 Palm Springs, CA 92263-2743 Mr. James Thompson: This is to acknowledge receipt of your submittal pertaining to Ordinance No. 1731 and 1732 on January 16, 2008. As the law states, no local modification or change to the California Building Standards Code (Code) shall become effective or operative for any purpose until the finding and the modification or change have been filed with the California Building Standards Commission (Commission). As a reminder, local modifications are specific to a particular edition of the Code. They must be readopted and filed with the Commission in order to remain in effect when the next triennial edition of the Code is published- In addition, should the City of Palm Springs receive Fire Protection District ordinances for ratification, it is required to submit the ratified ordinances to the Department of Housing and Community Development [H&SC Section 13869.7(c)], attention State Housing Law Program Manager, rather than the Commission- This letter attests only to the filing of Ordinance No. 1731 and 1732 by the City of Palm Springs and is not a determination of the merit of the filing. If you have any questions or need any further information, you may contact me at (916) 263- 0916. Sincerely, clane G)- rchitect aylor Senior cc: Chron GF PAL/.I sa °i� '�, a� �� City of Palm Springs E� I, Office of the City Clerk , '. •nC:.rco 1 S?UO 7a6ywn C_myon Wd, • Pdm Springs,CaGlorrua, 92262 'EEL (16o)123-82N • WN (760)322,SA,) •'IUU.(760)864-9527 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, l ames Thompson City Clerk Enclosures Post Office Box 2743 - Palm Springs, California 92263-2743 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 8.04.005 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. 1732 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE CALIFORNIA FIRE CODE, 2007 EDITION FROM JANUARY 1, 2008 THROUGH MARCH 31, 2008. City Attorney Summary This urgency ordinance adopts and amends the 2007 Edition of the California Fire Code, adopted by the State of California and effective for the period between January 1, 2008 and March 31, 2008. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Section 11.02.010 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.010 California Fire Code Adopted. That certain document, a copy of which is on file in the office of the City Clerk, entitled, "California Fire Code, 2007 Edition" including Appendix Chapter 1 and Appendix Chapter 4, Appendices B, C, E, F, G, and H, thereto, except as hereinafter modified, are hereby adopted as the Fire Code of the City of Palm Springs by reference, pursuant to the provisions of Government Code Section 50022.1 et seq. SECTION 2. Section 11.02.020 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.020 Additions, deletions and amendments. The California Fire Code, 2007 Edition, adopted herein by reference is amended by the following additions, deletions and amendments: 1) Amend subsection 308.3 Open-flame devices. A person shall not utilize or allow to be utilized, an open flame or use of a tiki/luau torch in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in Group A or E occupancies without first obtaining a permit in accordance with Appendix Chapter 1, Section 105.6. 2) Add subsection 308.7 Installation of permanent tiki and/or luau torches using liquid fuel or natural gas. Memorandum Date: December 12, 2007 To: David Ready, City Manager From; Blake Goetz, Fire Chief a1� Subject: Building Industry Association Meeting re: 2007 Fire Code On Friday December 7th, I met with Fred Bell and another associate from the Building Industry Association (BIA) to discuss the draft ordinance adopting the 2007 California Fire Code with local amendments- Fred expressed concern about two specific items in the proposed ordinance. The first concern is with item #37, Section 903.2, and #43, 903.2.7 which requires that all new, one and two-family dwellings that exceed 3,000 square feet and are within the fire department five-minute response time, an automatic fire sprinkler system is required. The BIA feels that this requirement increases the price of a new home by about $3,000 to $5,000 and that the code required smoke alarms are sufficient to protect the occupants. I pointed out that the fire department staffing levels are such that the first arriving engine company often times does not have an adequate number firefighters to perform an immediate and safe rescue or an interior firefighting operation, and must wait for additional firefighters to arrive. This allows the fire to grow larger which jeopardizes the occupants and the entire structure. He would however accept the 3,000 square foot residential fire sprinkler requirement if the City Council were to impose a Community Services District on commercialiretail buildings as they have done with single family dwellings in the past two years. Money collected from this new CSD on an annual basis would go towards providing police and fire protection. Fred correctly identified a flaw in the "Increased square footage" of #50, Section 903.6.2. This section now reads; Exception: One and two-family dwellings adding more than 50% of the existing gross floor area that results in the total floor area of the building exceeding 3,000 square feet, is required to install an automatic fire sprinkler system- Another message that Fred wanted the City Manager and the City Council to consider is consolidation of the Palm Springs and Cathedral City Fire Departments. He believes that greater efficiencies can be obtained if the two departments were consolidated into one fire department under the governance of a Joint Powers Authority- He believes that there will be an opportunity to pursue this in the next three to five years as chief officers retire. City of Palm Springs Fire Department \T- ITEM NO. ;oFpP�M SqR iy v N FO CITY COUNCIL STAFF REPORT r'�[lRa�P DATE: December 19, 2007 Public Hearing SUBJECT: PROPOSED URGENCY ORDINANCES ADOPTING AND AMENDING THE 2007 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2007 CALIFORNIA FIRE CODE FROM: David H. Ready, City Manager BY: Building Official and Fire Chief SUMMARY The City Council will consider an urgency ordinance to adopt the amended 2007 editions of the California Building Standards Code and an urgency ordinance to adopt the amended 2007 California Fire Code to be in effect between January 1, 2008 and March 31, 2008. RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in it entirety and read by title only; 3) Adopt Urgency Ordinance No_ , "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, 1, 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;" 4) Adopt Urgency Ordinance No. _, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION FOR JANUARY 1, 2008 THROUGH MARCH 31, 2008;" and 5) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN LOCAL CONDITIONS REQUIRE AMENDMENTS, ADDITIONS, AND DELETIONS TO THE CALIFORNIA BUILDING STANDARDS CODE, 2007 EDITION, AND THE CALIFORNIA FIRE CODE, 2007 EDITION." Item No. I.A . City Council Staff Report December 19, 2007—Page 2 Emergency Ordinance Adopting 2007 California Building and Fire Codes BACKGROUND: The 2007 California Building Code and 2007 California Fire Code are based on the 2006 International Building and Fire Codes- This is the first time the International Building and Fire Codes have been adopted by the State of California as the basis for the California Building and Fire Codes. The 2001 California Building and Fire Codes will expire throughout California and in the City of Palm Springs on January 1, 2008. The State Building Standards Commission and the California State Fire Marshal have adopted the 2007 editions of the California Building Standards Codes and 2007 California Fire Code, and the City must do the same for existing local amendments to remain effective on January 1, 2008- The adoption of this urgency ordinance is recommended so that the City of Palm Springs will have approved Building and Fire Codes in place on January 1, 2008. STAFF ANALYSIS: As an urgency ordinance, the Building Official and Fire Chief are recommending that the City Council adopt the 2007 editions of the California Building Standards Code and 2007 California Fire Code with the same local amendments that were originally adopted with the 2001 codes on October 2, 2002. Staff is also recommending that these two ordinances would become effective on January 1, 2008 and expire on March 31, 2008. Staff believes that these previously adopted local amendments are necessary to maintain the level of building and fire safety regulations that were adopted with the 2001 Codes. In January 2008, staff will be recommending a Building Code and Fire Code ordinance package that includes additional local amendments that have not been adopted in the city before. In order to allow adequate time for public review and input for these amendments, staff is recommending that the City Council adopt the urgency ordinance. FISCAL IMPACT: None d2a/ David H. Ready, City "pon Duckworth, Building Official Blake G. Goetz, Fire Chie Attachments: Proposed Emergency Ordinance ORDINANCE NO. 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. (4/5ths vote required.) 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 I. Section 8.04.005 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 City of Palm Springs by reference, pursuant to the provisions of Section 50022.1 et seq. of California Government Code." Q 5524854 Ordinance No. Page 2 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 9032 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- 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. O O o ©h sSzaAs.a Ordinance No. Page 3 (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: "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 "California Mechanical Code, 2007 edition", and all appendices, tables and indices thereto, except as hereinafter modified, is hereby 552483.4 Ordinance No. Page 4 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 Code." 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 60022.1 et seq. of the California Government Code." SECTION 10. Section 8.04.045 of the Palm Springs Municipal Code titled "Uniform Solar Energy Code--Adopted." is hereby repealed in its entirety. 552a65.s Ordinance No. Page 5 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 Cade; 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 Code —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. 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 000007 552985.4 Ordinance No. Page 6 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 (415) 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 pasted 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 4, 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, — DAY OF 2007. STEVE POUGNET, MAYOR ATTEST: DDDDD� 552485.4 Ordinance No. Page 7 JAMES THOMPSON, CITY CLERK oaaoa� 552495.4 Ordinance No. Page 8 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 Ordinance No. _ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 5524854 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE CALIFORNIA FIRE CODE 2007 EDITION FOR JANUARY 1, 2008 THROUGH MARCH 31, 2008. (4/5ths vote required.) City Attorney Summary This urgency ordinance adopts and amends the 2007 Edition of the California Fire Code, adopted by the State of California and effective for the period between January 1, 2008 and March 31, 2008. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Section 11.02.010 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.010 California Fire Code Adopted. That certain document, a copy of which is on file in the office of the City Clerk, entitled, "California Fire Code, 2007 Edition" including Appendix Chapter 1 and Appendix Chapter 4, Appendices B, C, E, F, G, and H, thereto, except as hereinafter modified, are hereby adopted as the Fire Code of the City of Palm Springs by reference, pursuant to the provisions of Government Code Section 50022.1 et seq. SECTION 2. Section 11.02.020 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.020 Additions, deletions and amendments. The California Fire Code, 2007 Edition, adopted herein by reference is amended by the following additions, deletions and amendments: 1) Amend subsection 308.3 Open-flame devices. A person shall not utilize or allow to be utilized, an open flame or use of a fiki/luau torch in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in Group A or E occupancies without first obtaining a permit in accordance with Appendix Chapter 1, Section 105.6. 553955.6 2) Add subsection 308.7 Installation of permanent tiki and/or luau torches using liquid fuel or natural gas. 1. Installer shall submit plans to the Planning Department for review and approval. After Planning Department approval, the plans must be reviewed and approved by the Building Department and Fire Prevention Division. After all approvals, installer must obtain an operational permit for use of an open flame device. 2. Maximum length of flame shall not exceed twelve (12) inches. 3. Flame shall be a minimum of eight feet (8') from ground level and entire torch shall be entirely on private property. 4. Minimum size of pipe support shall be one and one half inches (1 112") in diameter. EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one inch (1"). A radius of five feet (5') between torch burner and combustibles shall be maintained. 5. Where natural gas or LPG is used, an approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. 3) 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_ 4) Add Exception #3 and #4 to subsection 903.2 Where required. 0an0 553955.6 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. 5) 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. 6) Add subsection 907.2.10.5.4 Existing Group R-3 occupancies. Upon sale of any residential dwelling and factory-built housing, the seller shall have installed therein, permanently wired or battery powered approved detectors of products of combustion other than heat only, commonly known as smoke detectors. The smoke detectors are required to be State Fire Marshal approved and listed. The seller must obtain certification from the Palm Springs Fire Department of the installation and proper operation prior to close of sale of property. 7) Amend subsection 2204.3 Unattended self-service motor fuel- dispensing facilities. Unsupervised Dispensing; Unsupervised dispensing shall not be allowed at motor vehicle fuel-dispensing stations accessible by the general public. Unsupervised dispensing at locations not utilized by the general public is allowed when the owner or operator provides, and is accountable for, daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner or operators. A sign, in addition to the signs required by Section 2205.6 shall be posted in a conspicuous location reading: IN CASE OF FIRE, SPILT, OR RELEASE 1. Use emergency pump shutoff! 2. Report the accident! Fire Department Telephone No. Facility address ooQoi � 553955.E During hours of operation, stations having unsupervised dispensing shall be provided with a fire alarm transmitting device. A telephone not requiring a coin to operate is acceptable. 8) Add Section 3309 "Safe and Sane" and Dangerous Fireworks. 9) Add subsection 3309.1 Prohibition. The manufacture, sale, possession, storage, handling or use of "safe and sane" fireworks as currently defined in the California Health and Safety Code section 12529 or "dangerous fireworks" as currently defined in the California Health and Safety Code section 12505 or thereafter amended by state statute is prohibited in the City of Palm Springs. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued by the Palm Springs Fire Department. 10) Add subsection 3803.2.1.8 New Installation of Liquefied Petroleum Gas. All new installation of liquefied petroleum gas with an aggregate capacity of 2,000 gallons or more shall be protected by an approved automatic fixed water spray system. The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of .25 gallons per minute per square foot with a one-hour duration water supply. 11) Amend Appendix Chapter 1 Administration, Section 101.1 Title. These regulations shall be known as the Palm Springs Fire Code, hereinafter referred to as "this code". 12) Amend subsection 101.4 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. 553955.6 13) Amend subsection 103.4 Liability. Any liability against the Palm Springs Fire Department or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1. 14) Delete Section 108 of Appendix Chapter 1 Administration. 15) Amend subsection 109.3 Violation penalties. Persons who shall violate a provision of this code, as amended, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code guilty of a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one (1) penalty for one (1) violation shall not excuse the violation, or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal or correction of prohibited conditions. 16) Amend subsection 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code. SECTION 3. 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. SECTION 4. VIOLATION A PUBLIC NUISANCE. The City hereby declares a violation of any provision of this Ordinance or of any code adopted hereby to be a public nuisance. . - OOOOk� 553955.6 SECTION 5. OPERATIVE DATE. The provisions of this Ordinance shall become operative on January 4, 2008 which is the effective date of the 2007 edition of the California Fire Code, published by the State of California. SECTION 6, 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 7. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof of a display advertisement, duly prepared according to law, to be published in accordance with law. 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 the existing fire code_ The California Building Standards Commission adopted the 2007 Edition of the California Fire Code in July 2007, with an effective date of January 1, 2008. The 2007 Fire Code is based for the first time on the International Fire Code. The City Council, consisting of two members first elected in November of 2007 and first seated on December 4, 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, DAY OF 2007„ STEVE POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 553955,6 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 Ordinance No. _ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000017 $9395516 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF PALM SPRINGS FINDING THAT CERTAIN LOCAL CONDITIONS REQUIRE AMENDMENTS, ADDITIONS AND DELETIONS TO THE CALIFORNIA BUILDING STANDARDS CODE, 2007 EDITION, AND THE CALIFORNIA FIRE CODE, 2007 EDITION. WHEREAS, the City Council is considering adoption of the 2007 editions of the California Building Standards Code and the California Fire Code; and WHEREAS, modifications and changes of certain provisions in said Codes are considered reasonably necessary due to local conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5 and 17958.7 govern the adoption by local governments of the various codes, and certain provisions of other ordinances pertaining to methods of housing construction and said provisions require, among other things, that the adopting local government make express findings that such modifications and changes are needed before enacting said modifications and changes; and WHEREAS, express findings of need due to local conditions have been determined by the City Council in the case of each modification and change of the Codes herein referred to. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE: SECTION 1. That the set of express findings entitled "Express findings in connection with City of Palm Springs' amendments, deletions and additions to the California Building Standards Code (2007 editions of the California Building, Mechanical, Plumbing, and Electrical Codes) attached to this Resolution as Exhibit "A", and the set of express findings entitled "Express findings in connection with the City of Palm Springs' amendments, deletions, and additions to the 2007 Edition of the California Fire Code attached to this Resolution as Exhibit "B", shall constitute the official set of express findings of need for changes to the 2007 editions of the California Building and Electrical Codes as required by California Health and Safety Code Sections 17958, 17958.5. and 17958.7. SECTION 2. The City Clerk shall forward directly to the California Building Standards Commission for filing therewith, a certified copy of this Resolution. .. as© oxs 5574947 Resolution No. Page 2 ADOPTED THIS_day of 2007. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David Ready, City Manager Reviewed and Approved as to Form: Douglas C. Holland, City Attomey CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000 ?e EXHIBIT"A" TO RESOLUTION NO_ EXPRESS FINDINGS IN CONNECTION WITH CITY OF PALM SPRINGS' AMENDMENTS, DELETIONS AND ADDITIONS TO THE CALIFORNIA BUILDING STANDARDS CODE (2007 EDITIONS OF THE CALIFORNIA BUILDING, MECHANICAL, PLUMBING, AND ELECTRICAL CODES). HEADINGS ARE SHOWN IDENTIFYING EACH SPECIFIC CODE AFFECTED. EACH MODIFICATION OR CHANGE OF A CODE PROVISION IS SUMMARIZED, FOLLOWED BY AN EXPRESS FINDING SO DESIGNATED. THE CALIFORNIA BUILDING CODE, 2007 EDITION Express Finding for Subsections 903 and 9032: These modifications require sprinkler systems in buildings at occupancy levels lower than those stipulated in the California Building Code. The active earthquake fault system that is located near this community possesses the capability of initiating a disaster that would quickly overrun the Fire Department's current resources. Providing additional built-in fire protection for the buildings allaws more fires to be automatically extinguished without Fire Department assistance if a major earthquake were to occur. Express Finding for Section 1207.1: This modification provides a minimum noise insulation performance standard to protect persons within detached single family dwellings which are located within the airport 'N' zone overlay from the effects of excessive noise. Express Finding for Section 1505: This provision prohibits the use of untreated wood, shingle or shake roofs. Local fire conditions of high winds, high temperatures, and low humidity contribute to a local fire conflagration or problem. Lateral extension of fire between structures, which results from fire ignition of combustible roofs or surrounding areas, is a serious local concern. Express Finding for Section 1509: This provision requires that, at the time of reroofing, roof top equipment be provided with a six inch high platform with sheet metal cap, when not already present. Due to the extreme heat experienced in desert areas, reroofing is required more frequently than under normal conditions. Equipment platforms allow reroofing to take place without removing and reinstalling roof top equipment, thereby reducing damage to that equipment and associated ductwork and electrical wiring. Express Finding for Appendix J, Grading, Sections J104.1 and 104.2: All modifications listed here apply to excavation and grading, and consist of eliminating exemptions from permit controls, requiring a showing of method of dust control, and reducing the scope of "required" grading from 5,000 to 2,000 cubic yards (unless excepted). All of the above are deemed reasonable and necessary due to the fragile nature of the typical desert area topography and ultra-dry climate_ The desert "crust" is thin and surface disturbances remain as potential "sand bloo ' problems for a considerable period of time if abandoned without,proper continuing attention_ The problem may become completely 000020 552496 2 out of control should a windstorm take place in an area where there has been insufficient watering. THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION Express Finding for Subsection 90-8(A) -- Service Load: This provision establishes standards which provide additional service capacity and distribution center spaces to allow for future additions requiring increased use of electricity_ Reserve capacity and distribution center spaces are considered necessary due to increased electrical demand associated with special air conditioning and other requirements due to the extremes of temperature prevalent in desert areas. Express Finding for Subsection 310-2(B) — Aluminum Conductor Limitations_ This provision establishes limitations concerning the use of aluminum conductors. These more stringent requirements are established to minimize the fire hazard caused by the inherent characteristics of aluminum wiring under the extremes of temperature prevalent in desert areas. 000021 552486.2 EXHIBIT"B" TO RESOLUTION NO. EXPRESS FINDINGS IN CONNECTION WITH CITY OF PALM SPRINGS' AMENDMENTS, DELETIONS AND ADDITIONS TO THE 2007 EDITION OF THE CALIFORNIA FIRE CODE. A SUMMARY OF THE EXPRESS FINDINGS FOR LOCAL AMENDMENTS MADE TO THE CALIFORNIA BUILDING AND FIRE CODES, AS APPLICABLE TO CLIMATIC, TOPOGRAPHICAL, AND GEOLOGICAL CONDITIONS ONLY, ARE SET FORTH HEREIN. Section 1. Findings. A. Climatic Conditions: Palm Springs has an and desert climate with annual rainfall of is less than 6 inches. There are more than one hundred days a year when temperatures are 100 degrees or more. Hot, dry winds during the summer months along with seasonal Santa Ana winds are common to Palm Springs. These winds constitute a contributing factor which causes small fires originating in high density developments presently being constructed in Palm Springs, which spread quickly and create the need for an increased level of fire protection. This added protection, including, but not limited to, on-site fire protection systems, will supplement normal fire department response available in new development and provide immediate fire protection for life and safety of occupied single and multiple-occupancy buildings during fire occurrence; B. Geologic and Topographic: 1. Palm Springs is located in the desert that contains mountains, brush, and covered wild lands. Elevation ranges from 479 feet in the central business district 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 makes the need for enhanced on-site fire protection systems for property occupants necessary; and 2. The San Andreas fault is a major earthquake fault located only a few miles north of Palm Springs. In addition, there are numerous minor faults located throughout Riverside County which are subject to earthquakes. In addition, Palm Springs is subjected 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, commercial, 000022 554621.1 and industrial buildings, making enhanced, built-in fire protection systems necessary. Section 2. Code Amendments. Amendments to the 2007 Editions of the California Fire Code are found reasonably necessary based on the climatic and/or geographic conditions cited in Section 1 of this Resolution and are listed as follows: Code Section Findings in Section 1 308 Climatic, Geologic#2 903 Climatic, Geologic#2 907 Climatic, Geologic##2 2204 Climatic 2301 Geologic#2 3309 Climatic 3803 Climatic, Topographic Appendix Chapter 1 Climatic The aforementioned amendments have been incorporated in detail in Ordinance No. 000023 554621.1 OF PALM SA City of Palm Springs Office of the City Cleric 3200 E. Ta6quiic Caryuu%V.y ° P.dm $prmgY, Ca[;Furniu )2�6? cqL I pp RJ�P Td (760)323-6201 " Fax. (760)D22-6332 ' Web. www.pahnsprm"s-6i.,pW NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the Adjourned Regular Meeting of November 14, 2007, Public Hearing Item No. 1.C. ADOPTION OF THE 2007 CALIFORNIA FIRE AND BUILDING CODES by a unanimous vote of the City Council of the City of Palm Springs this item was continued to Wednesday, December 19, 2007, at 6:00 p.m., to be held at the Council Chamber, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk of the City of Palm Springs, California, certify this- Notice -of Continuance was posted at or before 5:30 p.m., November 15, 2007, as required by established policies and procedures. James Thompson City Clerk ODD02� Post Office Box 2743 • Palm Springs, California 92263-2743 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 1) CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: December 19, 2007 Subject: ADOPTION OF THE 2007 CALIFORNIA FIRE AND BUILDING CODES AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before November 30, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (3 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on December 1 and December 8, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before November 30, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. 0000255 Dolores Strickstein, Secretary PROOF OF PU13LICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen ---------- ------------- years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No.zs75„ -- County of Riverside,and which newspaper has been NOTICE OF CO LI CREARING adjudged a newspaper of general circulation by the CITY of PALM SPRINGS Superior Court of the County of Riverside,State of ADOPTION OF THE 2007 CALIFORNIA FIRE AND BUILDING CODES California under the date of March 24, 1988.Case URGENCY ORDINANCES Number 191236;that the notice,of which the NOTICE IS HEREBY•GIVEN that thu City.Council annexed is a printed co a of the City of Palm Springs,California,will I)dd a P copy in Tyre not smaller public Puaring at db,maetln9 of December 19, than non ariel,has been published in each regular 007 The City Council mouting ll at approx" P P g imatEy 6.00 p.tn or on::con as possible therraf- and entire issue of said newspaper and not in any tor, In the Counch Chumber at City Hall, 3200 E. supplement thereof an the following dares,to wit: Tahqudz Canyon Way Palm Springs, CA 02262. hearin The'pu urgency of this Ordinances d to consider renck tlot a urgency ordinance„adopting by aaCaifc 4 December 1 8rlt 2007 with amendments the en EdCha to the and 4, nip Fire Code with Appendix Chapters 1 and g ... —... ^-------- '.----- ------ ,9dd amlendin9 he E. California nBuildingoCodo with Appendix Chapter 1,Appendices C,I,and J. the 2 07 California Mechanical Code, the 2007 I California plumbing Capp, the 2007 California I All in the year 2007 Electrical Code,the 2007 California Energy Cade, I 1r the 2007 Celltomm Existing Building code and tl1a 1907 Uniform Housing Code.The urgency or- dinances are propo:Ud to be effective for ninety I certify(or declare)under penalty Of perjury that the days, commencing on January 1, 2008, to allow the City additional tlmp to consadcr and adapt foregoing is true and correct. Pormanerit ordinances, REVIEW OF PROJECT INFORMATION:The.ataff o - rming documents-regarcdg _ - Dated at Palm Springs,CuiiForn{a IIIiS^10r ,----day this ma der areeport and othe avalllabiaport fci public review at Cityry Hall between-the hours of 8.00 a.m. and 5:00 v p m, Monday lhreu h Fnday. Please contact the 06------ Dece er-.r=---- .....,2007 Office of the City Clerk at 7e0) 323�8204 If you would lake to scheduiu an sppomtmem to review =� these document;., t� p 7 \ COMMENT pica may THIS made APPLICATION: ar the 2blic C7 ( Heanryg and/or an writing before the he innq Wrlt- y ten Comments may be made to thl City Council i nntur�— by letter(far mall or hand cialivory)tic. .yam P_ g James Th hhltign Caryy rick "u Cr') ^�U 32 Palm Springs CAn52282 ey Uy ~7 � oppondidty will be giiwn at said hearing for all UJ V :A F mterestpd person-to b'e heard Cuesnons regard- 0. ;yf ing this case m,.1y be dlmcted to oon Duckworth "fsp Q V at (700) 323-8242. } Q SI neci,;ita ayud•a con Est i carta,porfdvor Ilame , I— N .-, '1r •� A Ciudad de Palm Sp(ngs y pucce habiar con 11 Nadine Flagor teiefonp 780 323-82,15. [J Jom[s Thompson, City Clerk QPublished: 1211, 12/8107 PROOF OF PUBLICATION This is space for County Clerk's Piling Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,Had not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUSLISTONG COMPANY a newspaper of general circulation, printed and published in the cityof Palm Springs, No 3964 CtrY OF BALM SPRINGS County of Riverside,and which newspaper has been URGENCY ORDINANCE NO.1731 adjudged a newspaper of general circulation by the AN URGENCY ORDINANCE OF THE CITY OF PALM Superior Court of the County of Riverside,State of SPRINGS, CALIFORNIA, ADOPTING AND AMI_ND• California under the date of March 24, 1988.Case BUILDING CODE WITH APPENNDI,X CHAP7En 1RAP- Number 191236;that the notice,of which[he ELECTRICAL CODE AND ADOPTINGETHE zoo?E11I� annexed is a printed copy(set in type not smaller TINS OF THE CALIFORNIA MECHANICAL, PLUMBING, EXISTING BUILDING AN ENERGY than non pariel,has been published in caeb regular CODES D fHE 1997 FOR EDITION Or EUJAN UNIFOARY RM HOUSNan(I entire issue of said newspaper and not in any 3008 THROUGH MARCH 31 2008 supplement thereof an the following dates,to wit: city Attorney 9ummn This Urgpency ONuTanee adopts!Fery lX37 Editions of the Cali orris Budding,Plumyinp,Electrical Mecllrni- December 2901,2007 eel,California Energy Coda and Exahng Bantling Co- des adopted by the Slate of California and amends the ------ '- -"" 200y Bdilion 0/the California Building Code and Elec- trical Gode. This Urgoncy Orrlln,mce readopts the 1997 Edition of the Undone Housing Code and elloc• ,__�__-__-_•`-______------.� — twe for[he pe nod between January 1,200B though March 31,2p06 All in the year 2007 I certify(ar declare)under penalty of perjury that the URGENCY ORDINANCE NO,1732 foregoing IS true and CorrCCC• SPRINGS, CALIIFORNIAN ADOPTING AINDA MEND, ING THE CALIFORNIA FIRE CODE 2007 EDITION Dated at Palm Springs,California this----291^,---day MARCH a 2000 D JANUARY 1, 2008 THROUGH CI Attommuggarms _7 2007 Till urgencyy aliFence ddapta andends the 2007 of--- December-- ----r- r Edition of the Cellfornia Fire Code, adopted by the State of California and effective,for the ponod between January 1,2008 and March 31 2006, I Kathie Hart ChIe1 Deputy Clly Clerk o1 the Cityof •--y--- ----' Palm Sprinps California hereby earthy that Urgency t7 f Ordinance Nos 1731 and 1732 Warc introdueod and pp Sin re wt coupled 9, roe,p,by the of tileCity Council on Do. ,�, [19 � 57.��r camber 19,20P/,by the following vote. d •°-� AYES Councilmemloor Hutchoson Mills,Weigel, C?-J .Ind Mayor Pougnet M_J V NOES; None :=�< r� ABSENT: Mayor Pm Tom Foal CJ' i Y V•t�•V ABSTAIN None - C ~ Kathie Han,CMG •� Publleh�d:12/29/07 Chief Deputy City Clerk 3- c] N CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION a OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: December 19, 2007 Subject: Urgency Ordinance 1731 and 1732 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summary Ordinance No- 1731 and 1732, adopted by the City Council on December 19, 2007, was published in the Desert Sun on December 29, 2007- 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hark, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that the summary and a copy of Ordinance 1731 and 1732 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before December 28, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. „�' Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS URGENCY 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 THE PERIOD 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. URGENCY ORDINANCE NO. 1732 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE CALIFORNIA FIRE CODE, 2007 EDITION FOR THE PERIOD JANUARY 1, 2008 THROUGH MARCH 31, 2008 City Attorney Summary This urgency ordinance adopts and amends the 2007 Edition of the California Fire Code, adopted by the State of California and effective for the period between January 1, 2008 and March 31, 2008. I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, hereby certify that Urgency Ordinance Nos. 1731 and 1732 were introduced and adopted at a regular meeting of the City Council on December 19, 2007, by the following vote: AYES: Councilmembers Hutcheson, Mills, Weigel, and Mayor Pougnet NOES: None ABSENT: Mayor Pro Tern Foat ABSTAIN: None �. V Kathie Hart, CIVIC Chief Deputy City Clerk 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 8,04.005 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 9032.1 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: "8.04.020 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 Code." 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 Cade; 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 Code — 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 —Adapted. 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 ATTEST: CITY CLERK ORDINANCE NO. 1732 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE CALIFORNIA FIRE CODE, 2007 EDITION FROM JANUARY 1, 2008 THROUGH MARCH 31, 2008. City Attorney 5ummary This urgency ordinance adopts and amends the 2007 Edition of the California Fire Code, adopted by the State of California and effective for the period between January 1, 2008 and March 31, 2008. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Section 11.02.010 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.010 California Fire Code Adopted. That certain document, a copy of which is on file in the office of the City Clerk, entitled, "California Fire Code, 2007 Edition" including Appendix Chapter 1 and Appendix Chapter 4, Appendices B, C, E, F, G, and H, thereto, except as hereinafter modified, are hereby adopted as the Fire Code of the City of Palm Springs by reference, pursuant to the provisions of Government Code Section 50022.1 et seq. SECTION 2. Section 11.02.020 of the Palm Springs Municipal Code is hereby repealed and replaced as follows: 11.02.020 Additions, deletions and amendments. The California Fire Code, 2007 Edition, adopted herein by reference is amended by the following additions, deletions and amendments: 1) Amend subsection 308.3 Open-flame devices. A person shall not utilize or allow to be utilized, an open flame or use of a tiki/luau torch in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in Group A or E occupancies without first obtaining a permit in accordance with Appendix Chapter 1, Section 105.6. 2) Add subsection 308.7 Installation of permanent tiki and/or luau torches using liquid fuel or natural gas. Ordinance No. 1732 Page 2 1. Installer shall submit plans to the Planning Department for review and approval. After Planning Department approval, the plans must be reviewed and approved by the Building Department and Fire Prevention Division. After all approvals, installer must obtain an operational permit for use of an open flame device. 2. Maximum length of flame shall not exceed twelve (12) inches. 3. Flame shall be a minimum of eight feet (8') from ground level and entire torch shall be entirely on private property_ 4. Minimum size of pipe support shall be one and one half inches (1 1/2") in diameter. EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one inch (1"). A radius of five feet (5') between torch burner and combustibles shall be maintained. 5. Where natural gas or LPG is used, an approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. 3) 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. 4) Add Exception #3 and #4 to subsection 9032 Where required. Exceptions. #3. Detached single-family residences. Ordinance No. 1732 Page 3 #4. Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are exempt from the five-minute response time fire sprinkler requirement. 5) 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. 6) Add subsection 9072.10.5.4 Existing Group R-3 occupancies. Upon sale of any residential dwelling and factory-built housing, the seller shall have installed therein, permanently wired or battery powered approved detectors of products of combustion other than heat only, commonly known as smoke detectors_ The smoke detectors are required to be State Fire Marshal approved and listed. The seller must obtain certification from the Palm Springs Fire Department of the installation and proper operation prior to close of sale of property. 7) Amend subsection 2204.3 Unattended self-service motor fuel- dispensing facilities. Unsupervised Dispensing; Unsupervised dispensing shall not be allowed at motor vehicle fuel-dispensing stations accessible by the general public. Unsupervised dispensing at locations not utilized by the general public is allowed when the owner or operator provides, and is accountable for, daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of dispensing equipment, and posted telephone numbers for the owner or operators. A sign, in addition to the signs required by Section 2205.6 shall be posted in a conspicuous location reading: IN CASE OF FIRE, SPILL OR RELEASE 1. Use emergency pump shutoff! 2. Report the accident! Fire Department Telephone No. Facility address During hours of operation, stations having unsupervised dispensing shall be provided with a fire alarm transmitting device. A telephone not requiring a coin to operate is acceptable. Ordinance No. 1732 Page 4 8) Add Section 3309 "Safe and Sane" and Dangerous Fireworks. 9) Add subsection 3309.1 Prohibition. The manufacture, sale, possession, storage, handling or use of "safe and sane" fireworks as currently defined in the California Health and Safety Code section 12529 or "dangerous fireworks" as currently defined in the California Health and Safety Code section 12505 or thereafter amended by state statute is prohibited in the City of Palm Springs. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued by the Palm Springs Fire Department. 10) Add subsection 3803.2.1.8 New Installation of Liquefied Petroleum Gas. All new installation of liquefied petroleum gas with an aggregate capacity of 2,000 gallons or more shall be protected by an approved automatic fixed water spray system_ The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of 25 gallons per minute per square foot with a one-hour duration water supply. 11) Amend Appendix Chapter 1 Administration, Section 101.1 Title. These regulations shall be known as the Palm Springs Fire Code, hereinafter referred to as "this code". 12) Amend subsection 101.4 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. 13) Amend subsection 103.4 Liability. Any liability against the Palm Springs Fire Department or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation and rescue or Ordinance No. 1732 Page 5 emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1. 14) Delete Section 108 of Appendix Chapter 1 Administration. 15) Amend subsection 109.3 Violation penalties. Persons who shall violate a provision of this code, as amended, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code guilty of a misdemeanor, punishable by a fine of not more than one thousand ($1,000) dollars or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one (1) penalty for one (1) violation shall not excuse the violation, or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal or correction of prohibited conditions. 16) Amend subsection 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code. SECTION 3. 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. SECTION 4. VIOLATION A PUBLIC NUISANCE. The City hereby declares a violation of any provision of this Ordinance or of any code adopted hereby to be a public nuisance. SECTION 5. OPERATIVE DATE. The provisions of this Ordinance shall become operative on January 4, 2008 which is the effective date of the 2007 edition of the California Fire Code, published by the State of California. SECTION 6. 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 Ordinance No. 1732 Page 6 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 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof of a display advertisement, duly prepared according to law, to be published in accordance with law. 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 the existing fire code. The California Building Standards Commission adopted the 2007 Edition of the California Fire Code in July 2007, with an effective date of January 1, 2008. The 2007 Fire Code is based for the first time on the International Fire 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 ATTEST: CITY CLERK NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS ADOPTION OF THE 2007 CALIFORNIA FIRE AND BUILDING CODES URGENCY ORDINANCES NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of December 19, 2007. The City Council meeting begins at approximately 6:00 p.m., or as soon as possible thereafter, in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The purpose of this hearing is to consider adoption of urgency ordinances adopting by reference with amendments the 2007 Edition of the California Fire Code with Appendix Chapters 1 and 4, Appendices B, C, E, F, G, H, I, and J, adopting and amending the 2007 California Building Code with Appendix Chapter 1, Appendices C, 1, and J, the 2007 California Mechanical Code, the 2007 California Plumbing Code, the 2007 California Electrical Code, the 2007 California Energy Code, the 2007 California Existing Building Code and the 1997 Uniform Housing Code. The urgency ordinances are proposed to be effective for ninety days, commencing on January 1, 2008, to allow the City additional time to consider and adopt permanent ordinances. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Don Duckworth at (760) 323-8242. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. -- -- - ~ mes Thompson, City Clerk - _ 000026 12-19-07 PUBLIC HEARING Bldg & Fire Code Pete Moruzzi Palm Springs Modern Committee P O Box 4738 Palm Springs, CA 92263 Margaret Park Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92263 Fred Bell BIA 77-570 Springfield Lane, Ste E Palm Desert, CA 92211 000027