Chapter 8.04
ADOPTION OF HEALTH, SAFETY AND TECHNICAL CONSTRUCTION CODES
Sections:
8.04.050 Appeals board.
8.04.100 Health code.
8.04.105 Health Code Section 11.18.090 added – Abatement of nuisance conveyances, carts, and equipment used in the unlawful peddling of food and beverages by impoundment.
8.04.110 Copy of health code maintained by City Clerk.
8.04.120 Penalty for violation.
8.04.200 Adoption of building code.
8.04.201 Copy of Palmdale Building Code maintained by City Clerk.
8.04.202 Palmdale Building Code, Chapter 1, Administrative Provisions.
8.04.203 Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps.
8.04.204 Amendments to Chapter 16 of the Palmdale Building Code.
8.04.205 Amendments to Chapter 17 of the Palmdale Building Code.
8.04.206 Amendments to Chapter 18 of the Palmdale Building Code.
8.04.207 Amendments to Chapter 19 of the Palmdale Building Code.
8.04.208 Amendments to Chapter 21 of the Palmdale Building Code.
8.04.209 Amendments to Chapter 22 of the Palmdale Building Code.
8.04.210 Amendments to Chapter 23 of the Palmdale Building Code.
8.04.211 Amendments to Chapter 31 of the Palmdale Building Code.
8.04.235 Adoption of Chapter 36, Repairs to Buildings and Structures Damaged by the Occurrence of a Natural Disaster.
8.04.240 Repealed.
8.04.245 Adoption of Chapter 65, Signs.
8.04.250 Adoption of Chapter 66, Special Safety Provisions.
8.04.255 Adoption of Chapter 67, Security Provisions.
8.04.260 Adoption of Chapter 68, Relocation Permit Provisions.
8.04.265 Chapter 70, Excavation and Grading.
8.04.270 Adoption of Chapter 98, Unoccupied Buildings and Structures.
8.04.300 Adoption of Palmdale Electrical Code.
8.04.330 Copy of electrical code maintained by City Clerk.
8.04.340 Violations, penalties and fees.
8.04.350 Adoption of Article 80, General Provisions.
8.04.360 Adoption of Electrical Code Article 81, Duties of Electrical Official.
8.04.370 Adoption of Electrical Code Article 82, Permits and Inspections.
8.04.380 Adoption of Article 83, Requirements for Installation – Methods and Materials.
8.04.400 Adoption of fire code.
8.04.410 Definitions.
8.04.430 Fireworks – Safe and sane fireworks permitted.
8.04.440 Fireworks – Dangerous prohibited.
8.04.450 Fireworks – Permit – Required.
8.04.460 Fireworks – Permit – Application – Procedure.
8.04.470 Fireworks – Permit – Application – Contents.
8.04.480 Fireworks – Permit – Deposits.
8.04.490 Fireworks – Permit – Eligible organizations.
8.04.500 Fireworks – Stand – Operation.
8.04.510 Fireworks – Stand – Construction.
8.04.520 Responsibility.
8.04.530 Violations and penalties.
8.04.540 Infractions.
8.04.550 Repealed.
8.04.600 Adoption of plumbing code.
8.04.610 Copy of plumbing code maintained by City Clerk.
8.04.630 Adoption of California Plumbing Code Chapter 1, Administrative Provisions.
8.04.700 Adoption of mechanical code.
8.04.710 Copy of mechanical code maintained by City Clerk.
8.04.730 Adoption of the California Mechanical Code Chapter 1, Administrative Provisions.
8.04.800 Adoption of housing code by reference.
8.04.810 Copy of housing code maintained by Director of Building and Safety.
8.04.820 Violations and penalties.
8.04.830 Definitions amended.
8.04.900 Adoption of code.
8.04.910 Code available for review.
8.04.920 Violations and penalties.
8.04.930 Fees.
8.04.940 Definitions amended.
8.04.050 Appeals board.
Whenever any code adopted herein by reference refers to an appeals board or board of appeals, or requires that a board be appointed to hear appeals of the provisions of that adopted code or the determinations of the Building Official, such board shall mean the board of appeals appointed for the Palmdale Building Code, pursuant to Subsection 105 of PMC 8.04.202 and hearings shall be conducted in accordance with the procedures set forth therein. (Ord. 1322 § 1, 2007)
8.04.100 Health code.
Except as hereinafter provided, Chapter 1, entitled “Health Code,” of Title 11, entitled “Health and Safety,” of the Los Angeles County Code, as amended and in effect on April 1, 1998, is adopted by reference and shall constitute the health code of the City. It may be cited as the “Palmdale health code.” (Ord. 1299 § 8, 2007)
8.04.105 Health Code Section 11.18.090 added – Abatement of nuisance conveyances, carts, and equipment used in the unlawful peddling of food and beverages by impoundment.
Section 11.18.090 is added to read as follows:
Section 11.18.090 – Abatement of Nuisance Conveyances, Carts, and Equipment Used in the Unlawful Peddling of Food and Beverages by Impoundment.
A. Definitions.
1. “Conveyance” means any pack, box, cooler, basket, bucket, cart, or other means of transport for foods or beverages to be vended.
2. “Cart” means any motorized or non-motorized handcart, pushcart, wagon, barrow, or other small, wheeled vehicle.
3. “Equipment” means any utensil, tool, pot, vessel, container, or other implements used in a hawking or vending operation or activity.
B. Purpose and Intent. The intent of this section is to abate public nuisances that threaten the public health, safety, and welfare by abating nuisance conveyances, carts, and equipment used in the unlawful peddling of food or beverages and by establishing a process for their impoundment and destruction.
C. Nuisance Declared. Any conveyance, cart, or equipment used in violation of sections 11.18.010, 11.18.030, or 11.18.060 of this chapter is declared to be a public nuisance and shall be abated as provided in this section. Any person who uses a conveyance, cart, or equipment in violation thereof, or who causes another person, including but not limited to his servant, agent, or employee to use such a conveyance, cart, or equipment in violation thereof is responsible for creating and maintaining a public nuisance. Any person or his servant, agent, or employee who owns, leases, conducts or maintains any conveyance, cart or equipment in violation of this Chapter is responsible for creating a public nuisance.
D. Impoundment of Conveyance, Cart, and Equipment.
1. A peace officer or code enforcement officer may impound any conveyance, cart, or equipment used in violation of sections 11.18.010, 11.18.030, or 11.18.060 of this Chapter.
2. A peace officer or code enforcement officer impounding a conveyance, cart, or equipment under this section shall complete a Receipt of Impoundment and deliver it to the person from whose possession the conveyance, cart, or equipment was impounded. The Receipt of Impoundment shall be completed in accordance with Penal Code Section 1412 and include:
a. A description and/or photograph of the conveyance, cart, or equipment as well as the date and place the conveyance, cart, or equipment was impounded.
b. The authority and reason for the impoundment.
c. The name, address and telephone number of the public agency impounding the conveyance, cart, or equipment.
d. The name, address and telephone number, if provided, of the person having possession of the conveyance, cart, or equipment at the time it was impounded.
e. The date, time and location of the administrative hearing provided for in subsection E.
3. Within three (3) court days of impounding the conveyance, cart, or equipment, the Los Angeles County Sheriff’s Department or the city of Palmdale shall file a post-impoundment Statement of Probable Cause for review by a neutral magistrate. The reviewing magistrate shall limit review to the question of whether probable cause exists for the conveyance, cart, or equipment to be held under this section. If the reviewing magistrate finds that no probable cause exists for the conveyance, cart, or equipment to be held, the conveyance, cart, or equipment shall, within two (2) business days of that finding, be made available to be released to the legal owner or the person having possession of the conveyance, cart, or equipment at the time it was impounded, in accordance with subsection F below.
4. Any conveyance, cart, or equipment impounded pursuant to this section may be held as evidence in any proceeding brought by the District Attorney or City Attorney.
E. Administrative Hearing.
1. An administrative hearing shall be conducted by the city of Palmdale at the date, time, and location within the city of Palmdale identified in the Receipt of Impoundment. A person contesting the impoundment or abatement of the nuisance shall be given the option of appearing in person, or submitting his opposition and evidence in writing, to present and rebut evidence and to argue his case. The administrative hearing shall take place within 31 calendar days of the impoundment of the conveyance, cart, or equipment. The administrative hearing shall provide an independent, objective, fair, and impartial review of the facts of the case and render a final administrative decision.
2. The city of Palmdale shall appoint or contract with qualified examiners to conduct the administrative hearing. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner’s continued employment, compensation, and benefits shall not, directly or indirectly, be linked to the decisions of the examiner.
3. The officer or person who impounded the conveyance, cart, or equipment shall not be required to participate in the administrative hearing. The impounding agency shall not be required to produce any evidence other than the Receipt of Impoundment and the Statement of Probable Cause reviewed by a neutral magistrate, which, in proper form, shall be prima facie evidence that the conveyance, cart, or equipment is a public nuisance and should be abated.
4. The examiner’s decision shall be in writing and include a statement of the factual and legal basis of the decision.
5. The examiner’s decision following the administrative hearing may be personally delivered by the examiner to the legal owner or the person having possession of the conveyance, cart, or equipment at the time it was impounded or delivered by first class mail.
6. Following a determination by the examiner that the conveyance, cart, or equipment constitutes a public nuisance, the impounding agency shall destroy the nuisance conveyance, cart, or equipment.
7. Following a determination by the examiner that the conveyance, cart, or equipment does not constitute a public nuisance, the impounding agency shall, within two (2) business days of that determination, make available to be released the conveyance, cart, or equipment to the legal owner or the person having possession of the conveyance, cart, or equipment at the time it was impounded, in accordance with subsection F.
F. Release of Impounded Conveyance, Cart and Equipment. Any conveyance, cart, or equipment ordered to be released shall be made available to the legal owner or the person from whose possession the conveyance, cart, or equipment was impounded provided he or she presents to the impounding agency the Receipt of Impoundment or proof of ownership, and photographic identification, as defined in Section 1.04.100. The impounded conveyance, cart, or equipment will be made available for release for a period of 30 days from the date the conveyance, cart, or equipment was ordered released. Any conveyance, cart, or equipment not claimed within 30 days shall be deemed abandoned and destroyed.
G. Other Remedies Available. Nothing in this section shall be construed to limit any other criminal, civil, or equitable remedies available to the city of Palmdale to punish a violation or abate a public nuisance.
(Ord. 1317 § 8, 2007; Ord. 1299 § 8, 2007)
8.04.110 Copy of health code maintained by City Clerk.
A copy of Los Angeles County Code, Title 11, Chapter 1, shall be kept and maintained by the City Clerk for use and examination by the public. (Ord. 1299 § 8, 2007)
8.04.120 Penalty for violation.
It is unlawful for any person to violate any provision, or fail to comply with any of the requirements of the Palmdale health code. Any person who violates or fails to comply with the Palmdale health code is guilty of a misdemeanor and shall be prosecuted and punished pursuant to Chapter 1.08 PMC. In addition to the penalties therein provided, any condition caused or permitted to exist in violation of any provision of the Palmdale health code shall be deemed a public nuisance and may be abated as such by the City, including, but not limited to, by summary abatement. Each day such violation or condition continues shall constitute a new and separate offense. (Ord. 1299 § 8, 2007)
8.04.200 Adoption of building code.
As amended herein, Chapters 2 through 35 of Volumes I and II and Appendix I, Patio Covers, of that certain building code known and designated as the California Building Code, 2007 Edition, published by the International Conference of Building Officials and the Building Standards Commission of the state of California, are hereby adopted and incorporated herein by reference as if fully set forth below, and shall be known as the Palmdale Building Code. (Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.201 Copy of Palmdale Building Code maintained by City Clerk.
A copy of the Palmdale Building Code including PMC 8.04.200 through 8.04.730 and the California Building Code (Primary Code) adopted herein by reference together with a copy of the 2006 International Building Code of the International Code Council which is adopted by reference as a secondary code are kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.202 Palmdale Building Code, Chapter 1, Administrative Provisions.
The following provisions are adopted as the administrative provisions and constitute Chapter 1 of the Palmdale Building Code, to read and to be cited as set forth hereinbelow. The subsections are numbered to be consistent with the numbering of the Palmdale Building Code adopted by reference hereinabove.
CHAPTER 1 ADMINISTRATIVE PROVISIONS
SECTION 101 – TITLE, PURPOSE AND SCOPE
101.1 Title. These regulations shall be known as the Palmdale Building Code, may be cited as such and will be referred to herein as this PBC.
101.2 Purpose and Intent.
The purpose of this PBC is to provide minimum standards to preserve the public peace, health and safety by regulating the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings, structures, grading and certain equipment as specifically set forth herein. Consistent with this purpose, the provisions of this PBC are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.
This PBC shall not be construed to hold the City of Palmdale or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this PBC. By adopting the provisions of this PBC, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.
101.3 Scope.
The provisions of this PBC shall apply to the construction, alteration, moving, demolition, repair, and use of any building or structure and grading within the City and to such work or use by the City.
The provisions of this PBC shall not apply to work located primarily in a public way other than pedestrian protection structures required by Chapter 33; public utility towers and poles; equipment not specifically regulated in this PBC; hydraulic flood control structures; work exempted by Section 106; or minor work of negligible hazard to life specifically exempted by the Building Official.
Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Section 109 and Chapter 34 of this PBC. Where, in any specific case, different sections of this PBC specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
In the event any differences in requirements exist between the accessibility requirements of the Palmdale Building Code and Part 2, Title 24, California Code of Regulations, then Title 24 of the California Code of Regulations shall govern.
SECTION 102 – UNSAFE BUILDINGS
See City of Palmdale Unsafe Building Code.
SECTION 103 – VIOLATIONS AND PENALTIES
103.1 Compliance with Code.
It shall be unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or perform any grading in the City of Palmdale, or cause the same to be done, contrary to, or in violation of, any of the provisions of this PBC.
103.2 Violation.
It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City of Palmdale, or cause the same to be done, contrary to, or in violation of, any of the provisions of this PBC.
103.3 Penalty.
Violations of this PBC are punishable as set forth in Palmdale Municipal Code Title 1. It shall constitute a new and separate offense for each and every day or portion thereof during which any violation of any of the provisions of this PBC is committed, continued or permitted. The provisions for punishment in this subsection are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this PBC.
103.4 Recordation of Violation.
103.4.1 General.
The Building Official may record a notice with the county recorder’s office that a property, building or structure, or any part thereof, is in violation of any provision of this PBC provided that the provisions of this section are complied with. The remedy provided by this section is cumulative to any other enforcement actions permitted by this PBC.
103.4.2 Recordation.
If (1) the Building Official determines that any property, building or structure, or any part thereof, is in violation of any provision of the Palmdale Building Code; and if (2) the Building Official gives written notice as specified below of said violation; and if (3) within 15 days of said notice, the property, buildings, or structures thereon are not brought into compliance with this PBC, then the Building Official may have sole discretion to, at any time thereafter, record with the county recorder’s office a notice that the property and/or any building or structure located thereon is in violation of this PBC.
103.4.3 Notice.
The written notice given pursuant to this section shall indicate: 1. The nature of the violation(s); and 2. That if the violation is not remedied to the satisfaction of the Building Official within 15 days the Building Official may, at any time thereafter, record with the county recorder’s office a notice that the property and/or any building or structure located thereon is in violation of this PBC. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized county assessment roll. The mailed notice may be by registered, certified or first class mail. The 15-day period for achieving compliance with this PBC shall run from the date the property is posted or from the date of the mailing of the notice, whichever is later.
103.4.4 Rescission.
Any person who desires to have recorded a notice rescinding the notice of violation may present evidence of compliance to the Building Official. If the Building Official determines that the violation has been satisfactorily resolved, the Building Official shall record a notice rescinding the prior notice of violation.
Following the recordation of the notice of violation, the Building Official is not required to make any inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to present evidence of compliance to the Building Official.
103.4.5 Costs.
Any person that violates any provision of this PBC shall be responsible for the costs of any and all code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on an accounting of all expenses, including overhead, incurred in enforcing the provisions of this PBC or billed at the rate in section 107.9 as determined by the Building Official.
SECTION 104 – ORGANIZATION AND ENFORCEMENT
104.1 Building and Safety Department.
There is hereby established the Department of Building and Safety.
104.2 Powers and Duties of the Director of Building and Safety.
The Director of Building and Safety shall be the Building Official for the City of Palmdale and shall have all authority granted by the Palmdale Building, Plumbing, Mechanical, Electrical, Housing and Abatement of Dangerous Buildings Codes and all mandated State of California building codes. The Building Official shall have the power to render interpretations of these codes and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of these codes and available to the public for review.
104.2.1 Deputies.
In accordance with the procedures of the City of Palmdale and with the approval of the city manager, the Building Official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. The Building Official may deputize such employees as may be necessary to carry out the functions of the building department.
104.2.2 Safety Assessments of Structures In the Event of a Catastrophic Event, Disaster, or Declaration of Emergency.
104.2.2.1 Intent. It is the Intent of the City Council to authorize the Building Official to issue orders regarding the occupancy of buildings, structures, or other premises in the City of Palmdale by the posting of safety assessment placards in the event of a catastrophic event, disaster, or other local, state, or federal declaration of emergency.
104.2.2.2. Applicability. The provisions of this section 104.2.2 and its subsections are applicable to all buildings, structures, and other premises (whether improved or unimproved land) of all occupancies in the City of Palmdale.
104.2.2.3. Safety Assessment – Definition. “Safety assessment” shall mean a visual, non-destructive examination of a building, structure, or other premises (whether improved or unimproved land), or a portion thereof, for the purpose of determining its condition for entry or continued occupancy.
104.2.2.4. Safety Assessment Placards.
(A) Upon completing a safety assessment of any building, structure, or premises (whether improved or unimproved land) in the event of a catastrophic event, disaster, or declaration of a federal, state, or local disaster or emergency, the Building Official or his authorized designee, shall post a Safety Assessment Placard at each apparent entrance into such building, structure, or premises or at an otherwise conspicuous place thereon. Each placard shall cite Palmdale Building Code Section 104.2.2 et seq. as its authority, and shall contain the address and telephone number of the Building and Safety Department. The Building Official or his authorized designee performing the safety assessment shall legibly note on the placard his or her name, the facility name, if any, and address to which the placard pertains, and the date and time the safety assessment was completed. Each placard shall also contain a statement prohibiting its removal, alteration, or covering until authorized by the Building Official.
(B) Upon completing a safety assessment, the Building Official or his authorized designee shall post one of the three Safety Assessment Placards set forth in this subsection. The Building Official may, but is not required to, assign a color for each type of placard. The following are verbal descriptions of the Safety Assessment Placards to be used to designate the condition of buildings, structures, or other premises.
1) “INSPECTED – Lawful Occupancy Permitted” is to be posted on any building, structure, or other premises (whether improved or unimproved land) wherein no apparent structural or other hazard has been found in the course of a safety assessment. This placard shall not be construed to mean that there is no damage to the building or structure.
2) “RESTRICTED USE” is to be posted on each building, structure, or other premises (whether improved or unimproved land) that has been damaged wherein the damage requires some form of restriction to its use or occupancy. The placard shall note in general terms the type of damage encountered and concisely note the restrictions on continued occupancy. The placard shall constitute a lawful order of the Building Official, the violation of which is punishable as set forth in Chapter 1.12 of the Palmdale Municipal Code.
3) “UNSAFE – Do Not Enter or Occupy” is to be posted on each building or structure, or premises (whether improved or unimproved land) that has been damaged such that continued occupancy poses a threat to life safety. Buildings, structures, or premises posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized designee. Safety assessment teams, law enforcement, and disaster response personnel shall be authorized to enter at any time. This placard is not to be used or considered as a demolition order and shall so state. The placard shall note in general terms the type of damage observed during the safety assessment. The placard shall constitute a lawful order of the Building Official, the violation of which may be punished as set forth in Chapter 1.12 of this Code.
(C) Once it has been posted on a building, structure, or other premises, it shall be unlawful for any person, firm, corporation or other entity other than the Building Official or his authorized designee to remove, alter, cover, or deface a placard.
104.2.3.1 Right of Entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this PBC or other applicable law, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reason specified in this PBC or other similar law, the Building Official or an authorized representative is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Official by this PBC or other applicable law, provided that (1) if such property is occupied, the Building Official shall first present proper credentials to the occupant and request entry explaining the reasons therefor and (2) if such property is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, the Building Official or an authorized representative shall have some recourse to every remedy provided by law to secure lawful entry and inspect the property.
104.2.3.2.
Notwithstanding the foregoing, if the Building Official or an authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.
104.2.3.3 Representatives.
“Authorized representative” shall include the officers named in Section 104.2.1 and their authorized inspection personnel.
104.2.3.4 Denial of Access.
No person shall fail or refuse, after proper demand has been made upon such person as provided in this section, to promptly permit the Building Official or an authorized representative to make any inspection provided for by this PBC. Any person violating this section shall be punishable as set forth in Title 1 of the Palmdale Municipal Code.
104.2.4 Stop Orders.
Whenever any building or grading work is being done contrary to the provisions of this PBC, or other pertinent laws or ordinances implemented through the enforcement of this PBC, the Building Official or in the case of grading the City Engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.
104.2.5 Occupancy Violations.
Whenever any structure or portion thereof is being used contrary to the provisions of this PBC, or whenever any structure or portion thereof which was built contrary to the provisions of this PBC is being used or occupied, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within 10 days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this PBC, provided, however, that the Abatement of Dangerous Buildings Code shall apply in the event of an unsafe building.
104.2.6 Liability.
The provision of Division 3.6 of Title 1 of the Government Code governs the liability and indemnification of the Building Official and any subordinates.
104.2.7 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this PBC, the Building Official may grant modifications for individual cases, provided the Building Official shall first find that a special individual reason makes the strict letter of this PBC impractical and that the modification is in conformity with the spirit and purpose of this PBC and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the PBC enforcement agency. A written application for the granting of such modifications shall be submitted together with a filing fee of $167.30. When actual staff review exceeds two hours, an additional fee of $83.60 per hour shall be charged for each hour or fraction thereof in excess of two hours.
104.2.8 Alternate Materials and Methods of Construction.
The provisions of this PBC are not intended to prevent the use of any material or method of construction not specifically prescribed by this PBC, provided any such alternate has been approved. The Building Official may approve any such alternate, provided that he or she finds that the proposed design is satisfactory and complies with the provisions of Chapter 16 and finds that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this PBC in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the structure.
104.2.9 Tests.
Whenever there is insufficient evidence of compliance with the provisions of any Palmdale Building Code or evidence that any material or any construction does not conform to the requirements of any Palmdale Building Code, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be made by an approved agency at the expense of the owner or the owner’s agent. Test methods shall be as specified by this PBC for the material in question. If there are no appropriate test methods specified in this PBC, the Building Official shall determine the test procedure. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. A written application for use of an alternate material or method of construction shall be submitted together with a filing fee of $167.30. When actual staff review exceeds two hours, an additional fee of $83.60 per hour shall be charged for each hour or fraction thereof in excess of two hours. For the requirements for an approved fabricator, see Section 1701.7 and definition in Section 202.
104.2.10 Cooperation of Other Officials.
The Building Official may request, and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City.
104.2.11 Service.
Whenever this PBC requires a notice to be served by personal service or by registered or certified mail, it shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record and/or the record of the county assessor. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting a copy of the notice on the structure.
104.2.12 Reports and Records.
The Building Official shall keep a permanent, accurate account of all fees and other moneys collected and received under this PBC, the names of the persons upon whose account the same were paid, and the date and amount thereof, together with the location of the building or premises to which they relate.
104.2.13 Amendments to Ordinances.
Whenever any reference is made to any other ordinance, such reference shall be deemed to include all future amendments thereto.
104.3 Definitions.
Whenever any of the names or terms defined in this section are used in this PBC, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section.
BUILDING DEPARTMENT shall mean the Building and Safety Department of the City of Palmdale.
BUILDING OFFICIAL shall mean the Director of Building and Safety charged with the administration, interpretation and enforcement of this PBC, or the Building Official’s duly authorized representative.
BUILDING REHABILITATION APPEALS BOARD shall mean the Appeals Board.
CITY ENGINEER shall mean City Engineer of the City of Palmdale.
DANGEROUS BUILDING CODE shall mean the Palmdale Abatement of Dangerous Buildings Code.
DEMOLITION. Whenever the term “demolition” or “demolish” is used in this PBC or other Palmdale codes it shall include the removal of the foundation or basement and resulting debris from such demolition and the filling of excavations exposed by such demolition as required by this PBC and any other laws or ordinances.
ELECTRICAL CODE shall mean the Palmdale Electrical Code.
HOUSING CODE shall mean the Palmdale Housing Code.
MECHANICAL CODE shall mean the Palmdale Mechanical Code.
PLUMBING CODE shall mean the Palmdale Plumbing Code.
FIRE CODE or LOS ANGELES COUNTY FIRE CODE shall mean Title 32 of the Los Angeles County Code.
FIRE DEPARTMENT shall mean the Los Angeles County Fire District.
HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean the Health Code as adopted by the City of Palmdale.
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean the Department of Public Works.
ROAD COMMISSIONER shall mean the Director of Public Works.
SECTION 105 – APPEALS
105.1 Board of Appeals.
In order to conduct the hearings provided for in this PBC there shall be a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. One member shall be a practicing architect, one a competent builder, one a lawyer, one an engineer, each of whom shall have had at least five years experience in the construction industry as an architect, builder, lawyer, or engineer and one physically challenged individual.
Members of the Board of Appeals shall hold office for a term of two years but shall continue to serve until their successor is appointed and takes office. All vacancies shall be appointed by the City Council.
The Building Official shall be an ex officio member and shall act as secretary to the board. The members of the board of appeals shall be appointed by the City Council and shall hold office at its pleasure. If the appeals board has not been appointed, the City Council, for expediency, will serve as the appeals board.
105.1.1. The City Manager may appoint one or more administrative hearing officers to conduct the appeals hearings when so requested by the Appeals Board.
105.1.2 Limitations of authority.
The board of appeals shall have no authority relative to interpretation of the administrative portions of this PBC nor shall the board be empowered to waive requirements of this PBC.
105.1.3 Accessibility Appeals Board.
In order to conduct the hearings on written appeals regarding notice and orders of the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of the Palmdale Building Code for privately funded construction, to serve as an advisor to the Building Official on disabled access matters, there shall be an accessibility appeals board which shall be the Appeals Board as Defined in Section 105.1.
The accessibility appeals board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the Building Official in the absence of fraud or prejudicial abuse of discretion.
105.2. Appeal.
Any person adversely affected by any regulation, interpretation, rule or decision may appeal from any notice and order of the Building Official as determined by this PBC or the Uniform Abatement of Dangerous Buildings, Housing, Electrical, Mechanical, and Plumbing Codes, by filing at the office of the Building Official a written appeal containing the names and addresses of all persons filing the appeal; the interest of each appellant being adversely affected; a description of the specific order, action, interpretation or decision being appealed; a statement of the reasons for the appeal and the relief being sought. The written appeal must be signed by all persons filing the appeal.
105.3. Time for appeal. Any appeal must be filed within 30 days from the date of the service of the order or notice of the decision which is the subject of the appeal, provided, however, that if the appeal concerns a building or structure in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404 of the Abatement of Dangerous Buildings Code and Section 1104 of the Housing Code, such appeal must be filed within 10 days from the date of the service of the notice, and order of the Building Official. If the office of the Building Official does not receive the appeal within the times specified above, the right to an appeal shall be waived and the Order, notice or decision shall be confirmed and final.
105.4. Hearing on Appeal.
Upon receipt of any appeal filed pursuant to this section, the Building Official shall schedule a hearing before the appeals board or if so requested by the Chair of the Board before the Administrative Hearing Officer appointed by the City Manager. The hearing shall be held within sixty days of the City’s receipt of the written appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Building Official by mailing such notice to the address or addresses provided in the appeal.
105.6 Staying Of Order Under Appeal.
Except for vacation orders made pursuant to Section 404 of the Abatement of Dangerous Buildings Code and Section 1104 of the Housing Code, enforcement of any notice and order of the Building Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
105.7 Procedures For Conduct Of Hearing Appeals.
Administrative hearings are informal and formal rules of evidence and discovery do not apply. The appellant may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the Office of the Building Official at least three (3) City business days prior to the hearing. If the appellant fails to attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Board of Appeals or hearing officer shall cancel the hearing and not render a decision. In such instances, the original Order or decision shall be deemed confirmed.
105.7.1 Continuances. Hearings may be continued once at the request of a appellant or the Building Official. The Board of Appeals or hearing officer may also continue the hearing for cause.
105.7.2. Hearing Decision. After considering all of the testimony and evidence submitted at the hearing, the Appeals Board or Hearing officer shall issue a written decision to uphold or overturn the appealed Order or decision and shall state the reasons therefor. If the Order or decision is upheld, Decision of the hearing officer or Appeals Board shall specify deadline(s) for compliance with the Building Official’s Order.
105.7.3 The hearing officer shall serve appellant(s) by first class mail with a copy of the written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of an appellant to receive a properly addressed decision shall not invalidate any hearing, City action or proceeding conducted pursuant to this Chapter.
105.7.4. Decisions of the Appeals Board or hearing officer are final.
105.7.5. Record.
A record of the entire proceedings shall be made by tape recording or by any other means determined to be appropriate by the board.
105.7.6. Subpoenas
The board or hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written request of any party. It is a violation of the Code punishable as set forth in Title 1 of this Code for any person to refuse without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena.
105.7.7 Inspection of the premises.
The board or the hearing officer may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) the board or the hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.
105.7.8. Fees.
A fee of $390.90 shall be paid to the Building Official whenever a person requests a hearing or a rehearing before the appeals boards provided for in this section. All requests to appeal determinations, orders or actions of the Building Official, or to seek modifications of previous orders of the appeals boards shall be presented in writing as outlined above.
SECTION 106 – PERMITS
106.1 Permits Required.
No person, shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure, or portion thereof, or automatic fire-extinguishing system regulated by Chapter 9, perform any grading, or perform landscaping as regulated by City of Palmdale Landscape Ordinance, or cause the same to be done, without first obtaining a permit for each such building, structure, automatic fire-extinguishing system, grading or landscaping from the Building Official or City Engineer.
EXCEPTION: A single permit may be issued for a dwelling and one accessory building of one-story construction that are not over 600 square feet (55.74 m2) in area and are on the same property.
106.2 Unpermitted Structures.
No person shall own, use, occupy or maintain any “Unpermitted structure.” For the purposes of this PBC, “Unpermitted structure” shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required permit(s) having first been obtained from the Building Official, pursuant to Section 106.1, supra.
106.3 Work Exempted.
A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).
2. Wire fences not over 12 feet (3658 mm) in height and other fences not over 6 feet (1829 mm) in height.
3. Steel tanks supported on a foundation not more than two feet (610 mm) above grade when the height does not exceed 1 1/2 times the diameter.
4. Movable cases, counters and partitions not over six feet high except all work shall comply with handicapped access provisions.
5. One-story detached, private lath houses, glass houses (greenhouses) and pergolas, provided the horizontally projected roof area does not exceed 400 square feet (37.16 m2).
6. Bridges not involving buildings.
7. Retaining walls that retain not more than three feet (914 mm) of earth, unless supporting a surcharge such as a slope or building, or impounding flammable liquids.
8. Motion picture, television and theater stage sets and scenery, except when used as a building.
9. Radio and television antenna towers which do not exceed 45 feet (13716 mm) in height and ground support dish antennas not exceeding 15 feet (4572 mm) in height above finished grade in any position.
10. Light standards that do not exceed 30 feet (9144 mm) in height.
11. Flagpoles not erected upon a building and not more than 30 feet (9144 mm) high.
12. A tree house provided it does not exceed 64 square feet (5.94 m2) in area or 8 feet (2438 mm) in height from floor to roof and the ceiling height as established by door height or plate line does not exceed 6 feet (1829 mm).
13. Canopies or awnings attached to a Group R or U Occupancy and extending not more than 54 inches (1372 mm) from the exterior wall of the building.
14. Sheds, office or storage buildings, and other structures incidental to and work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.
15. Portable hangar less than 2,000 square feet.
16. Oil derricks.
17. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below.
18. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 10,000 gallons (37,854 L).
19. Playground equipment.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.
Exemption from the permit requirements of this PBC shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of other laws or ordinances.
106.4 Application for Permit.
106.4.1 Application.
To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: 1) Identify and describe the work to be covered by the permit for which application is made. 2) Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. 3) Show the use or occupancy of all parts of the building. 4) Be accompanied by plans and specifications as required in Section 106.4.2. 5) State the valuation of the proposed work or, for grading, the volume of earthwork to be handled. 6) State the area in square feet (m2), to be landscaped and the source of water for irrigation. 7) Be signed by the permittee, or an authorized agent, who may be required to submit evidence to indicate such authority. 8) Give such other information as reasonably may be required by the Building Official.
106.4.2 Plans and Specifications.
Within each application for a building permit and when required by the Building Official for enforcement of any provisions of this PBC, two sets of plans and specifications shall be submitted. The Building Official may require plans and specifications to be prepared and designed by an engineer, architect or landscape architect licensed or registered by the state to practice as such. Submittals shall include construction inspection requirements as defined in Section 106.4.5.
EXCEPTION: When authorized by the Building Official, complete plans and specifications need not be submitted for the following when drawings and data sufficient to determine the nature and scope of the work are submitted for review:
1. One story Type V building room additions with less than a 10 ft. span.
2. Group U, Division I Occupancies of Type V conventional wood-stud construction; or
3. Small and unimportant work as determined by the Building Official. Plans, specifications, reports or documents for work regulated by the provisions of Article 3, Chapter 7, Division 3 of the Business and Professions Code shall bear the signature and number or seal of a civil engineer, structural engineer or architect registered or certified to practice in the State of California. A signature or seal shall not be required for work authorized by the said article to be performed by a person not registered or certified as a civil engineer, structural engineer or architect. For buildings exceeding 160 feet (48.77 m) in height, the structural calculations and each sheet of structural plans shall be prepared under the supervision of and shall bear the signature or approved stamp of a person authorized by the State of California to use the title structural engineer. In addition, all architectural sheets shall bear the signature or approved stamp of an architect licensed by the State of California.
106.4.3 Information on Plans and Specifications.
Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this PBC and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall have the house address and street name of the location of the work and the name and address of the owner. The name and contact persons of who prepared the plans if other then the owner shall also be given. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of this PBC or other ordinances or laws.
Computations, stress diagrams and other data sufficient to show the correctness of the plans, shall be submitted when required by the Building Official. Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan and shall be approved by the City Engineer. The plans shall show all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the City of Palmdale. For the application of NPDES permit requirements as they apply to grading plans and permits, see Chapter 70 of this code.
106.4.4. Architect or Engineer of Record.
106.4.4.1 General.
When it is required that documents be prepared by an architect or engineer, the Building Official shall require the owner to designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The owner shall notify the Building Official in writing if the architect or engineer of record is changed or is unable to continue to perform the duties.
The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.
106.4.4.2 Deferred Submittals.
For the purposes of this section, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period.
Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the Building Official.
Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until the Building Official has approved the deferred submittal documents.
106.4.5 Construction Inspection.
When special inspection is required by Chapter 17 the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors.
The special inspector may be employed by the owner, the engineer or architect of record, or an agent of the owner, but shall not be employed by the contractor, the contractor’s employees, representatives or agents, or any other person performing the work.
When structural observation is required by Chapter 17 the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program includes samples of inspection reports and provides time limits for submission of reports.
106.5 Permits.
106.5.1 Issuance.
The application, plans and specifications, geological or engineering reports and other required data filed by an applicant for a permit shall be checked by the Building Official. Such plans may be reviewed by other departments of the City to verify compliance with the laws and ordinances under their jurisdiction.
The Building Official shall issue a permit to the applicant for the work described in the application and plans filed therewith when the Building Official is satisfied that all of the following items comply:
The work described conforms to the requirements of this PBC.
The work described conforms to the requirements of other pertinent laws and ordinances of the City.
The fees specified by this PBC and all City requirements have been paid.
The applicant has obtained a permit pursuant to Public Resources Code Section 30600 et seq. if such a permit is required.
When the Building Official issues the permit, the Building Official shall endorse in writing or stamp on both sets of plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The issuance of a permit shall not be deemed to certify that the site of the described work is safe. The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this PBC. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted.
The issuance of a permit based on plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this PBC or of any other ordinances of the City. Retention of plans: The Building Official shall retain one set of approved plans, specifications and computations. Except as required by Section 19850 of the Health and Safety Code, the Building Official shall retain such set of the approved plans, specifications and computations for a period of not less than 90 days from date of completion of the work covered therein. One set of approved plans and specifications shall be returned to the applicant to be kept on such building or work site at all times while the authorized work is in progress.
106.5.3 Validity.
The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this PBC or of any other laws or regulations. No permit presuming to give authority to violate or cancel the provisions of this PBC or any other laws or regulations shall be valid, except insofar as the work or use, which it authorizes, is lawful.
106.5.4 Expiration.
Every permit issued by the Building Official under the provisions of this PBC shall expire by limitation and become null and void if the building or work authorized by such permit has not passed a foundation inspection or the first phase of inspections if no foundation exists within one year from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of one year or more at any time after the work is commenced. Before such work can be commenced or recommenced, a new permit shall first be obtained and the fee therefor shall be 25 percent of the amount required for a new permit for such work, provided no codes or plan changes have been made or will be made in the original plans and specifications for such work and provided further that the duration of such failure to commence, or abandonment has not exceeded one and one-half years. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 365 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. The fee for extension of the permit shall be 25% of the amount of the original fee plus the issuance fee. No permit shall be extended more than once.
Permits for rebound tumbling equipment as defined in Chapter 66 shall be valid for a period not exceeding one year. Permits for portable amusement devices and for temporary Group A, Division 4 structures shall be valid for a period not exceeding 30 days. Permits for amusement devices erected under a building permit shall be valid for a period of 90 days. Annual platform or display permits shall be valid for one year.
106.5.5 Suspension or Revocation.
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this PBC whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this PBC.
106.5.6 Combined Building Permit.
A combination building permit may be issued for one-family or two-family dwellings and attached garages, tenant improvements and swimming pools, which will include all building, electrical, plumbing, heating, ventilating and air-conditioning work but will not include grading and landscape, which require permits under Chapter 70 of this PBC nor will it include sewer connections. The combined building permit shall be subject to the requirements of this PBC, the Electrical Code, the Plumbing Code and the Mechanical Code, except that the fee for the combined building permits shall be as provided in Section 107.1 of this PBC.
SECTION 107 – FEES
107.1 Building Permit Fees.
In addition to a permit issuance fee of $31.00, a fee for each building permit shall be paid to the Building Official as set forth in Table 1-A.
The Building Official shall make the final determination of value or valuation under any of the provisions of this PBC. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.
EXCEPTIONS:
1. A combined swimming pool permit may be issued for a new swimming pool, spa, or hot tub, which will include all building, electrical, plumbing, heating, and excavation work. The total permit fee for the combined swimming pool permit shall be two times the building permit fee determined from Table I-A and the barrier inspection fee from Section 107.9, Item 1 L.
2. The total permit fee for a combined building permit for a one- and two-family dwelling shall be 1.43 times the building permit fee determined from Table 1-A. The total permit fee for a tenant improvement permit shall be 1.33 times the building permit fee determined by Table 1-A for tenant improvements with a restroom(s) and 1.23 times Table 1-A for those without restroom improvements. (For the purposes of this section a tenant improvement is the completion of a shell type of structure with minimal amounts of equipment. Restaurants or industrial type uses would require separate permits for their equipment systems.)
3. The total building permit fee for a combination commercial or industrial building permit shall be 1.5 times the building permit fee determined by Table 1-A. The combination permit shall include all basic permits for the building including the trash enclosure except for the sewer connection permit which must be processed separately. Any large industrial equipment or processes shall require separate permits and also separate plan checks if required by Section 107.2.
107.2 Plan Checking or Review Fees for Buildings or Structures.
When an application for a building permit is submitted for review, whether or not plans and specifications are required by Section 106.4.2, a fee shall be paid to the Building Official. Said fee shall be equal to 85 percent of the building permit fee as set forth in Table 1-A, provided, however, that the minimum fee shall be $99.60. In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this PBC.
The fees specified in this section are separate fees from the permit fees specified in Section 107.1.
107.3 Standard Plans.
The Building Official may approve a set of plans for a building or structure as “standard plans,” provided that the applicant has made proper application, submitted complete sets of plans as required by this section, and paid the plan checking fee required by Section 107.2, or $136.90, whichever is greater.
Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided hereinbelow in this section. Nothing in this section shall prohibit modifying the permit set of plans to reflect changes in laws and ordinances, which have become effective since the approval of the standard plan. The standard plans shall become null and void where the work required by such changes exceeds ten percent of the value of the building or structure. When it is desired to use an approved “standard plan” for an identical structure, two plot plans and one duplicate plan shall be submitted and a plan checking fee equal to 70 percent of the full plan checking fee required by Section 107.2 shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped and kept on the project site. In case of deviation from this standard plan, except as permitted in this section, complete plans, together with a full plan-checking fee, shall be submitted for the proposed work.
Standard plans shall be valid for a period of one year from the date of approval. The standard plan can be extended by the Building Official an additional year upon payment of an extension fee equal to 30% of the original fee providing the standard plans are being restandardized under the same year codes as the original standard plan approval.
107.4 Expiration of Plan Application.
Applications for building, grading, landscape and relocation building permits for which no permit is issued within one year following the date of application shall expire by limitation. Plans and specifications previously submitted may thereafter be returned to the applicant or destroyed by the Building Official or City Engineer. The Building Official or City Engineer may extend the time for action by the applicant for a period not exceeding six months beyond the one-year limit upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and upon payment of an extension fee equal to 25 percent of the plan check fee. No permit application shall be extended more than once. Once an application has expired, the applicant shall resubmit plans and specifications and pay a new 100% plan check fee.
107.5 Grading Permit Fees.
Shall be as adopted in the current Palmdale Fee Resolution.
107.6 Plan Checking Fees for Grading.
Shall be as adopted in the current Palmdale Fee Resolution.
107.7 Landscape Permit Fees.
Shall be as adopted in the current Palmdale Fee Resolution.
107.8 Plan Checking Fees for Landscaping.
Shall be as adopted in the current Palmdale Fee Resolution.
107.9 Other Fees.
The following fees shall be paid before a permit is issued, inspection made, occupancy allowed or device operated:
In addition to the fees set forth in Items A, B, C, D, E, F, G, H, I, J and K, below, for issuance of each inspection application receipt, $31.00
A. For a site inspection not otherwise covered herein by a fee and which is regulated by the City of Palmdale, $383.20
B. For inspection of any use, occupancy or change in use or occupancy: Group R or U Occupancy, $199.00
C. Occupancy groups other than R or U
Affected floor area:
|
Less than 5,000 square feet, |
$ 491.00 |
|
5,001 to 10,000 square feet, |
$ 590.00 |
|
10,001 to 100,000 square feet, |
$ 980.40 |
|
Above 100,000 square feet, |
$1,486.50 |
In addition to the aforementioned fees, the Building Official may require additional charges for review required by changes, additions or revisions of approved plans or reports, and for services beyond the initial and second check due to changes, omissions or errors on the part of the applicant. The payment of said fees shall not exempt any person from compliance with any provisions of this PBC.
D. For inspection of the repair or rehabilitation of a building or structure declared substandard by notice filed with the Department of Registrar-Recorder, the fee shall be as set forth in Table 1-A, but shall not be less than $346.30
E. For inspection of the demolition of a building or structure (including sewage system termination), $148.70
F. For inspection or reinspection of Group A, Division 4 structures, each, $199.00
G. For inspection of structures or devices regulated by Chapter 66:
The first structure or device, $148.70
Each additional structure or device, $23.90
H. For application and investigation for relocation building permits as required by Chapter 68:
Floor area: Up to 2,500 square feet, $389.30
2,501 square feet and above, $792.30
I. For investigation and/or permit for trailer coaches as required by Chapter 69, $147.20
J. For inspection outside of normal business hours, per hour, $89.40
K. For inspection for which no fee is specifically indicated, per hour, $89.40
L. For inspection of barriers for swimming pools, spas and hot tubs, $89.40
M. For a single copy of a microfilmed permit, $2.70
N. For determining occupant load for purposes of parking requirements pursuant to the Zoning Ordinance, $99.60
O. For reproduction of microfilmed plans, $2.70 for each sheet to be reproduced
P. For reproduction of or generation of standard permit reports, $25.00 per month
Q. For assignment of house numbers, $49.00
R. For additional review required by changes, additions or revisions of approved or resubmitted plans or reports, per hour, $99.60
S. For additional review required beyond the initial and second check of plans or reports, per hour, $99.60
T. For the issuance of a certificate of occupancy, $92.20
U. For the issuance of a temporary certificate of occupancy, $138.00
V. For each extension of a temporary certificate of occupancy, $92.20
W. NOTICE AND ORDER PROCESSING FEES SERVICE FEE
(a) Processing $284.30
(b) Recording or resending of notice $113.50
(c) Preparation of Job Specifications $380.10
(d) City Council Documents $193.10
(e) Contract Cancellation $198.60
(f) Contract Performance Inspection $157.20
(g) Billing $113.50
(h) Record Special Assessment $113.50
(i) Filing of Special Assessment $195.30
107.10 Exemption from Fees.
Neither the Housing Authority of the City of Palmdale nor any public officer or body acting in an official capacity on behalf of the Housing Authority shall pay or deposit any building fee. This section does not apply where a public officer is acting with reference to private assets which have come under such public officer’s jurisdiction by virtue of his or her office (See Section 107.19 for affordable housing exemption).
107.11 Surrender of Permit.
If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this PBC has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words, “Canceled at the request of the permittee.” Thereupon such permit shall be null and void and of no effect.
107.12 Refunds.
In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been commenced, and such permit shall have been canceled either as provided for in Section 106.5.4 or Section 107.11, the permittee, upon presentation to said Building Official of a request therefor, in writing shall be entitled to a refund in an amount equal to 80 percent of the fee actually paid for such permit. The Building Official shall satisfy himself or herself as to the right of such applicant to such refund, and each such refund shall be paid, provided a refund request has been submitted prior to one year from expiration of the permit. If inspections have been made and the permit has been canceled because of an issue beyond the owners control, the Building Official may approve a pro-rated amount of the permit fees be applied toward a new permit for the same project. A letter releasing the funds from the original permittee shall be required before any funds are applied.
No portion of the plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case 80 percent of the plan checking fee shall be refunded.
107.13 Investigation Fee for Work Without Permit.
Whenever any work has been commenced without a permit as required by the provisions of Section 106.1 of this PBC, a special investigation shall be made prior to the issuance of the permit. An investigation fee shall be collected for each permit so investigated. The investigation fee shall be equal to and in addition to the permit fees specified in Sections 107.1, 107.5 and 107.7, but in no event shall the investigation fee be less than $306.40.
EXCEPTION: The investigation fee shall be $153.20 when the Building Official has determined that the owner-builder of a one- or two-family dwelling, accessory building or accessory structure had no knowledge that a permit was necessary and had not previously applied for a permit from the Building and Safety Department.
The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this PBC or from any penalty prescribed by law.
107.14 Noncompliance Fee.
If the Building Official or duly authorized board, in the course of enforcing the provisions of this PBC or any state law, issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance stated in the order, including any extensions thereof, then the Building Official shall have the authority to collect a noncompliance fee. The noncompliance fee shall not be imposed unless the order states that a failure to comply within 15 days after the compliance date specified in the order will result in the fee being imposed. No more than one such fee shall be collected for failure to comply with an order. The amount of the noncompliance fee shall be $92.20 per building for Group R, Division 3 Occupancies and $183.90 for all other occupancies, and shall be in addition to the fees specified elsewhere in this PBC.
107.15 Preliminary Review Fees.
Upon payment of a preliminary review fee of $199.00, an applicant may have a building, structure or other project reviewed by the Building Official prior to submittal of a permit application. Such fee entitles the applicant to two staff hours of review, which may be of any combination of building and specialty code requirements. An additional fee of $99.60 per hour shall be charged for each hour or portion thereof in excess of two hours. All charges must be paid at the conclusion of any such meeting and before any written findings are issued.
EXCEPTION: one staff member, not in excess of 15 minutes, shall charge no fee for a preliminary review.
107.16 Plan Maintenance Fee.
Before issuing a building permit, the Building Official shall collect a plan maintenance fee for all building plans, required to be retained by Section 19850 of the Health and Safety Code. The amount of the plan maintenance fee shall be two percent of the building permit fee as set forth in Table 1-A, provided, however, that the minimum fee shall be $8.60 and the maximum fee shall be $383.20. A plan maintenance fee shall be collected for each separate plan to be retained by the Building Official.
107.17 Annual Review of Fees.
The Building Official shall review the fees in this PBC annually. Beginning on July 1, 2008, and thereafter on each succeeding July 1, the amount of each fee in this PBC shall be adjusted as follows: The Director of Administrative Services shall calculate the Consumer Price Index (CPI) in accordance with city policy and advise of such increase. The Building Official shall adjust each fee by said percentage amount and round off to the nearest 10 cents by September 1st of the same year, provided, however, that no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services. When it is determined that the amount reasonably necessary to recover the cost of providing services is in excess of this adjustment, the Building Official may present fee proposals to the City Council for approval.
107.18 Fees – Factory-Built Housing.
107.18.1 General.
The fees established by Section 107 for building permits and for plan checking shall be modified for factory-built housing as set forth in this section.
107.18.2 Definitions.
For the purpose of this section, certain terms are defined as follows:
FACTORY-BUILT HOUSING shall mean structures, which meet all of the following criteria:
1. Fabrication on an off-site location under the inspection of the state, for which the state inspection agency has attested to compliance with the applicable state laws and regulations by the issuance, of an insignia;
2. The bearing of the state insignia and which have not been modified since fabrication in a manner that would void the state approval; and for which the City of Palmdale has been relieved by statute of the responsibility for the enforcement of laws and regulations of the State of California.
UNIT shall mean a single factory-assembled component of the factory-built housing brought to the job site for connection to the foundation and/or connection to other units of the structure.
107.18.3 Building Permit Fees.
A fee for each building permit shall be paid to the Building Official. The Building Official shall determine the estimated valuation in all cases, and for such purpose, the Building Official shall be guided by accepted estimating practices. The building permit fee shall be established by determining the total number of units to be assembled at the job site to construct the building defined as factory-built housing and by multiplying the building permit fee established in Table 1-A for the estimated valuation by the percentage listed below:
|
Job Assembled Units |
Percentage of Table 1-A Fee |
|
1 – 3 |
25% |
|
4 or more |
40% |
107.18.4 Plan Checking Fees.
A plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifications for the proposed work. The plan-checking fee shall be 80 percent of the building permit fee established by this section.
107.18.5 Plans and Specifications.
With each application, two sets of plans and specifications for the work to be performed at the job site shall be submitted with such other information as may be necessary to determine compliance with local and state laws and regulations.
107.19 Fee Exemption – Affordable Housing.
Any nonprofit organization shall be exempt, as set forth in this section, from the payment of any building fee for dwelling units it constructs, which is for lower income and/or very low-income households.
To be eligible for this exemption, the nonprofit organization shall present a certificate issued by the Housing Department certifying that such dwelling units qualify as housing for lower-income or very low-income households and that the nonprofit organization is receiving a subsidy from Community Development Block Grant Funds or other public funding sources. This exemption shall not be granted when the subject dwelling units for lower and/or very low income households are being constructed as a condition of approval by any other agency. For the purposes of this subsection only, certain terms are defined as follows:
BUILDING FEE shall include plan check, permit and inspection fees required by this PBC.
LOWER-INCOME HOUSEHOLDS shall be as defined in Section 50079.5 of the Health and Safety Code.
NONPROFIT ORGANIZATION is a corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California (Corporations Code Section 5120, et seq.) and qualified as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. A corporation or body organized for the private gain of any person shall not be deemed to be a nonprofit organization.
VERY LOW-INCOME HOUSEHOLDS shall be as defined in Section 50105 of the Health and Safety Code.
SECTION 108 – INSPECTIONS
108.1 General.
All construction or work for which a building permit is required shall be subject to inspection by the Building Official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have continuous inspection as specified in Chapter 17.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this PBC or of other laws. Inspections presuming to give authority to violate or cancel the provisions of this PBC or of other laws shall not be valid.
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
A survey of the lot may be required by the Building Official to verify compliance of the structure. A site inspection may be required prior to plan check of building plans for lots or parcels in areas having slopes of five horizontal to one vertical (5:1) or steeper when the Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction. The fee for such inspection shall be as set forth in Section 107.9. Such a pre-inspection shall not be required for a building pad graded under the provisions of Chapter 70.
108.2 Inspection Record Card.
Work requiring a building permit shall not be commenced until the permit holder or the permit holder’s agent r shall have posted or otherwise made available an inspection record card so as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall continue to be posted or otherwise made available by the permit holder until the Building Official has granted final approval of the building or structure.
108.3 Approvals Required.
No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or the permit holder’s agent wherein the same fails to comply with this PBC. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. Inspection Correction(s), verbal or written, needed to approve permitted work shall be completed in a timely manner. Refusal, failure, or neglect to comply with any such notice shall be considered a violation of this PBC, and shall be subject to the penalties set forth in this PBC for violations.
There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy or use.
108.4 Required Inspections.
108.4.1 General.
Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. Upon notification from the permit holder or the permit holder’s agent, the Building Official shall make the inspections:
108.4.2 Foundation inspection.
To be made after trenches are excavated and forms erected, any required reinforcing steel is in place, and when all materials for the foundation are delivered on the job. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job.
108.4.3 Concrete slab or under-floor inspection.
To be made after all in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is poured or floor sheathing installed, including the subfloor.
108.4.4 Frame inspection.
To be made after the roof, all framing, fire blocking and bracing are in place and all pipes, electrical wiring, mechanical ducting, chimneys and vents are complete.
108.4.5 Lath inspection and/or wallboard.
To be made after all lathing and/or wallboard, interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.
108.4.6 Final inspection.
To be made after finish grading and the building is completed and ready for occupancy.
108.5 Other Inspections.
In addition to the called inspections specified above, the Building Official may make or require any other inspections of any construction work to ascertain compliance with the provisions of this PBC and other codes and laws which are enforced by the building department. For the purpose of determining compliance with Chapter 34 the Building Official may cause any structure to be reinspected.
108.6 Special Inspector Requirements.
108.6.1 Registration.
Before commencing the duties, the special inspector shall be examined by and shall obtain a certificate of registration from the Building Official. The Building Official shall require that a special inspector applicant successfully complete an examination administered by the International Conference of Building Officials (ICBO) or be certified with an equivalent certificate as approved by the Building Official. Applications shall be made in writing. Proof of the required certificate and a fee of $124.20 shall accompany the application. A separate application and a separate fee shall be required for each type of work. Applicants failing to pass an examination shall be ineligible for reexamination for a period of 30 days. A new application and fee shall accompany each request for reexamination. Unless revoked sooner, certificates of registration for special inspectors shall expire biennially on June 30 and must be renewed by payment of a biennial renewal fee of $82.80.
Upon evidence, satisfactory to the Building Official, of the failure of a special inspector to perform properly and effectively the duties of said office, the Building Official may revoke, suspend or refuse to renew any certificate of registration. Prior to such action, the holder shall be given an opportunity to appear before the Building Official and be heard.
108.6.2 For special inspections see Chapter 17.
108.7 Inspection Requests.
It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting any inspection required by this PBC to provide access to and means for inspection of such work.
108.8 Noninspected Work.
No person shall own, use, occupy or maintain any structure on which noninspected work has been performed.
For the purposes of this PBC, “noninspected work” shall be defined as any erection, construction, enlargement, alteration, repair, movement, improvement, removal, connection, conversion, demolition or equipping, for which a permit was first obtained, pursuant to Section 106.1 supra, but which has progressed beyond the point indicated in successive inspections, including but not limited to inspections set forth in Section 108.4, 108.5, Chapter 17, or any other Palmdale code without first obtaining inspection by and approval of the Building Official.
SECTION 109 – USE AND OCCUPANCY
109.1 General.
No building or structure or portion thereof shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has approved the building or structure or portion thereof for such use or occupancy as evidenced by the issuance of a certificate of occupancy or a temporary certificate of occupancy. A building of Group R, Division I or Group R, Division 3 Occupancy, if erected on a site where grading has been performed pursuant to a grading permit issued under provisions of this PBC, shall not be occupied, nor shall gas or electric utilities be connected thereto, unless the grading has been completed in accordance with all applicable requirements of Chapter 70 or the Building Official has found, should the grading not be so completed, that the site conditions will pose no hazard to health, safety or welfare of occupants and/or occupants of adjacent properties, and that a temporary certificate of occupancy has been issued. Approval of a building or structure for use or occupancy (including, but not limited to, final inspection approval and/or issuance of a certificate of occupancy or temporary certificate of occupancy) shall not be construed as approval of a violation of the provisions of this PBC or of other laws and regulations. Approvals presuming to give authority to violate or cancel the provisions of this PBC or of other laws or regulations are not valid. The Building Official may, in writing, suspend or revoke any such approvals or certificates whenever the Building Official determines that the approval or certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this PBC or other laws or regulations. Any certificate of occupancy or temporary certificate of occupancy so issued shall be surrendered upon request of the Building Official.
109.2 Change in Use.
Changes in the character or use of a building shall not be made except as specified in Chapter 34 of this PBC.
109.3 Certificate Issued.
When the building or structure has passed final inspection, and when the building or structure complies with the applicable laws and regulations, and the required fees have been paid, the Building Official shall issue a certificate of occupancy which shall contain the following:
1. The building permit or occupancy permit number.
2. The address of the building or structure.
3. The name and address of the owner.
4. A description of that portion of the building for which the certificate is issued.
5. A statement that the described portion of the building complies with the requirements of this PBC for group and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
109.4 Temporary Certificate.
If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, the Building Official may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Such temporary certificate of occupancy shall be valid for a period not to exceed six months. Upon request of the owner or permittee the Building Official may, in writing, extend the temporary certificate of occupancy when it is determined that the circumstances so warrant. After the expiration of a temporary certificate of occupancy and any extension(s) thereof, the building or structure shall not be used or occupied until the Building Official has approved the building for such use or occupancy.
109.5 Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.
EXCEPTION: Group R, Division 3, and Group U Occupancies.
109.6 Certificate of Completion.
The Building Official may issue a certificate of completion for work that is completed in compliance with all building codes which shall mean that all permitted work under that permit is in compliance but Occupancy is not granted by such certificate of completion.
SECTION 110 – PROHIBITED USES OF BUILDING SITES
110.1 Flood Hazard.
110.1.1 Buildings requirements.
Buildings are not permitted in an area determined by the Building Official or City Engineer to be subject to flood hazard by reason of inundation, overflow or erosion.
The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. Subject to the conditions of Section 110.1.2, this prohibition shall not apply when provision is made to eliminate such hazard to the satisfaction of the Department of Public Works by providing adequate drainage facilities by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. The Department of Public Works, in the application of this section, shall enforce, as a minimum, the current Federal Flood Plain Management Regulations defined in Title 44, Code of Federal Regulations, Section 60.3 and all City adopted requirements.
110.1.2 Floodway.
Portions of the City of Palmdale subject to severe flood hazard by reason of inundation, overflow, erosion or deposition of debris are established as floodways by F.E.M.A. Whenever reference is made to any floodways in such ordinance establishing floodways, it shall be construed to mean a floodway referred to in this section. A person shall not perform work for which a building or grading permit is required within the boundaries of an established floodway if such work increases the flood hazard to adjacent properties by either increasing the capital flood water surface elevation, deflecting flows or increasing bank erosion. Such work may be performed within an established floodway and a building or grading permit therefor may be issued, where provisions are made to the satisfaction of the City Engineer to avoid such an increase in the flood hazard.
110.1.3 City Engineer.
The City Engineer shall act as a consultant to the Building Official in permit matters relating to flood control and flood hazard identification, avoidance and mitigation in all areas defined on maps furnished to the engineer. The City Engineer shall maintain a series of maps delineating areas subject to flood, mud and debris hazards. The Building Official shall consult with the City Engineer with respect to work requiring a building or grading permit in the hazard areas delineated on the maps. The City Engineer shall prepare written reports of its examination of each building or grading permit application for work in the hazard areas as delineated on the maps. The Building Official in acting upon the application shall consider the reports. The actions upon the applications shall be supported in writing.
The City Engineer shall also act as a consultant whenever the Building Official proposes to establish by ordinance floodways and water surface elevations regulating the locations of such proposed work.
110.2 Geologic Hazards.
110.2.1 Building Restrictions.
No building or grading permit shall be issued under the provisions of this section when the Building Official or City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition does not include surface displacement due to earthquake faults.
110.2.2 Permits.
Work requiring a building or grading permit by this PBC is not permitted in an area determined by the Building Official or City Engineer to be subject to hazard from landslide, settlement or slippage. These hazards include those from loose debris, slope wash and the potential for mudflows from natural slopes or graded slopes. For the purpose of this section, landslide, settlement or slippage does not include surface displacement due to earthquake faults.
110.2.3 Conditional requirements.
Subject to the conditions of Section 110.2.1 permits may be issued in the following cases:
When the applicant has submitted a geological and/or geotechnical engineering report or reports complying with the provisions and showing to the satisfaction of the City Engineer that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means.
When the applicant has submitted a geological and/or geotechnical engineering report or reports complying with the provisions of Section 111 and containing sufficient data to show to the satisfaction of the City Engineer that the site appears to be safe for the intended use.
When the work involves the alteration or minor repair of existing structures and the cost of such alteration or repair does not exceed 25 percent of the value of the existing structure, such value to be based on assumed continuation of the established legal use. Before a permit is issued, the owner shall record in the office of the Department of Registrar-Recorder (1) a statement that the owner is aware that the records of the Building Official indicate that the property is subject to a physical hazard of a geological nature and (2) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official finds such hazard no longer exists. The repair work shall consist of restoring the original construction. Provision may be made for adjustment of the floor in anticipation of future settlement. For the purposes of this section, “alteration” does not include an addition or additions.
When the work involves an addition or additions to an existing structure but is not a change in use or occupancy and such work does not increase the area of the structure more than 25 percent of the area of the structure existing on July 6, 1968. Before a permit is issued, the applicant shall submit an engineering geology and/or geotechnical engineering report or reports complying with the provisions of Section III and containing a finding that the proposed increased use of the site will not be geologically unsafe, and the owner shall record in the office of the Department of Registrar-Recorder (1) the finding of such report or reports and (2) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official finds a hazard no longer exists.
When the work involves one story, light frame accessory structure not intended or used for human occupancy and not exceeding 400 square feet (37.2 m2) in area or 12 feet (3658 mm) in height.
When the work involves the repair of single-family residences and accessory buildings where the cost of such repair exceeds 25 percent of the value of the existing building or involves the replacement of such structures where the loss to be replaced was due to causes other than landslide, settlement or slippage.
Before a permit is issued the owner shall:
Record in the office of the Department of Registrar-Recorder (1) a statement that he or she is the owner and is aware that the records of the Building Official indicate that the property is subject to a physical hazard of a geological nature and (2) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Department of Registrar-Recorder a statement that the Building Official finds such hazard no longer exists.
Submit calculations and plans for the proposed reconstruction prepared by a registered engineer and designed to minimize damage while accommodating the amount of vertical and horizontal displacements which the engineer determines are probable or which have occurred since the original structure was built, whichever is the greater.
Notwithstanding any other provisions of this section, the Building Official may, at his or her discretion, deny a permit for any building, structure or grading subject to a hazard of a geological nature which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property or the public.
110.3. Fills Containing Decomposable Material.
Permits shall not be issued for buildings or structures regulated by this PBC within 1,000 feet (304.8 m) of fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or artificial protective systems or unless designed according to the recommendation contained in a report prepared by a licensed civil engineer. Such report shall contain a description of the investigation, study and recommendation to minimize the possible intrusion, and to prevent the accumulation of explosive concentrations of decomposition gases within or under enclosed portions of such building or structure. At the time of the final inspection, the civil engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with the civil engineer’s recommendations as to decomposition gases required herein.
Buildings or structures regulated by this PBC shall not be constructed on fills containing rubbish or other decomposable material unless provision is made to prevent damage to the structure, floors, underground piping and utilities due to uneven settlement of the fill. One-story light-frame accessory structures not exceeding 400 square feet (37.2 m2) in area or 12 feet (3658 mm) in height may be constructed without special provision for foundation stability.
110.4 Methane Gas Hazards.
Permits shall not be issued for buildings or structures regulated by this PBC on, adjacent to or within 25 feet (7620 mm) of active, abandoned or idle oil or gas well(s) unless designed according to recommendations contained in a report prepared by a licensed civil engineer and approved by the Building Official. In addition, permits shall not be issued for a building or structure regulated by this PBC located between 25 feet (7620 mm) and 200 feet (60,960 mm) from active, abandoned or idle oil or gas well(s) unless designed according to the recommendations contained in a report prepared by a licensed civil engineer and approved by the Building Official or unless all active, abandoned or idle oil or gas well(s) between 25 feet (7620 mm) and 200 feet (60,960 mm) from said building or structure are examined by a licensed petroleum engineer to evaluate whether, in accordance with the current rules and regulations of the Division of Oil and Gas of the State of California, such wells are being properly operated or maintained, or are abandoned. No permits shall be issued until certification of proper operation, maintenance, or abandonment or reabandonment, as determined by the Division of Oil and Gas, is submitted to the Building Official. This requirement is not applicable to active, abandoned or idle oil or gas well(s) located more than 200 feet (60,960 mm) from the proposed buildings or structures. As used in this section, “well” shall mean any well as defined by Section 3008, Subdivisions (a) and (b) of the California Public Resources Code.
110.5 Conditional Use.
Work required by this section as a condition for the use of the site shall be performed prior to the connection of the utilities or occupancy of the building.
SECTION 111 – GEOLOGY AND ENGINEERING REPORTS
The Building Official or City Engineer may require an engineering geology or geotechnical engineering report, or both, where in the Building Official’s opinion, such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. A certified engineering geologist licensed by the State of California shall prepare any engineering geology report. A civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics, shall prepare any geotechnical engineering report. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official or City Engineer.
SECTION 112 – EARTHQUAKE FAULT MAPS
Special studies zones maps within the City of Palmdale prepared pursuant to Sections 2622 and 2623 of the California Resources Code which show traces of earthquake faults are hereby incorporated by reference and declared to be, on the date of official issue, a part of this PBC, and may be referred to elsewhere in this PBC. Special studies zones maps revised under the above sections of the California Resources Code shall, on the date of their official issue, supersede previously issued maps that they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works.
SECTION 113 – EARTHQUAKE FAULTS
113.1 General.
The construction of a building or structure near a known active earthquake fault and regulated by this PBC shall be permitted as set forth in this section.
113.2 Scope.
The provisions of this section shall apply only to permits for buildings or structures on individual lots or parcels and are not intended to be supplementary to geologic investigations required to qualify divisions of land as set forth in the City of Palmdale Subdivision Codes.
113.3 Definition.
For the purpose of this section, a geologist shall be a registered geologist, licensed by the California State Board of Registration for Geologists and Geophysicists to practice geology in California.
113.4 Known Active Earthquake Faults.
For the purpose of this section, known active earthquake faults are those faults, which have had displacement within Holocene time (approximately the last 11,000 years) as defined in the most current issue of Special Publication 42 of the California Division of Mines and Geology.
113.5 Construction Limitations.
No building or structure shall be constructed over or upon the trace of a known active earthquake fault which is shown on maps maintained by the City Engineer. The absence of a known active earthquake fault trace at the proposed building location shall be determined by the City Engineer or a geologist in the following cases:
1. When the proposed building is within 50 feet (15,240 mm) of that line designated by the Building Official as the assumed location of a known active earthquake fault on the aforementioned maps.
2. When the proposed building is within 50 feet (15,240 mm) of the most probable ground location of the trace of a known active earthquake fault shown on the aforementioned maps.
In these cases when a geologist has not otherwise made such a determination, the City Engineer may require the excavation of a trench, as a subsurface exploration for the purpose of determining the absence of a known active earthquake fault. Such a trench will be required if a lack of distinguishable fault features in the vicinity prevents the Building Official from determining by a site examination, review of available aerial photographs, or by other means that the fault trace does not underlie the proposed building. The trench shall be approximately perpendicular to the most probable direction of the fault trace, at least 1 1/2 feet (457 mm) wide and at least five feet (1524 mm) in depth measured from natural grade, or to a depth satisfactory to the City Engineer.
The trench must be accessible for mapping and inspection by the City Engineer, when requested, and meet the requirements of Title 8 of the California Code of Regulations, Construction Safety Orders. The trench need not extend further than the full width of the proposed structure plus 5 feet (1524 mm) beyond the traversed exterior walls. A known, active earthquake fault shall be presumed nonexistent if an exposure is not found by the Building Official, City Engineer or a geologist in the walls or floor of the trench.
The Building Official may require a more extensive investigation by a geologist as evidence to the absence of a known active earthquake fault prior to the issuance of a permit for Groups A, E, I, H and R, Division I Occupancies, and Groups B, F, M and S Occupancies over one story in height.
EXCEPTION: The provisions of this section do not apply to:
1. One-story, light-frame buildings not intended or used for human occupancy and not exceeding 1000 square feet (92.9 m2) in area or 12 feet (3658 mm) in height.
Alterations or repairs to an existing building provided that the aggregate value of such work within any 12-month period does not exceed 50 percent of the value of the existing building.
2. Swimming pools, retaining walls, fences and minor work of a similar nature.
113.6 Maps of Active Faults.
The Department of Public Works shall maintain maps available to the public showing the location of known active earthquake faults within the City. In the absence of additional information, the location of known active earthquake faults shall be as shown on special studies zones maps as required by Section 112.
Special Studies Zones. Work within the special studies zones established under Sections 2622 and 2623 of the California Public Resources Code shall comply with state laws, policies, criteria, rules and regulations applicable to such work. Fees established by Chapter 7.5 of Division 2 of the California Public Resources Code shall be collected and disbursed as required by state law. In addition to the state regulations, the provisions of this section shall apply when geologic investigations, mapping, aerial photographs, other acceptable data or Special Studies Zones Maps show the location of a known active earthquake fault as defined by Section 113.4.
|
TOTAL VALUATION |
FEE |
|
$0 to and including $700, |
$39.70 |
|
More than $700 to and including $25,000, |
$44.20 |
|
plus for each additional $1,000 or fraction thereof in excess of $1,000, |
$15.60 |
|
$25,001 to and including $50,000, |
$428.90 |
|
plus for each additional $1,000 or fraction thereof in excess of $25,000, |
$11.80 |
|
$50,001 to and including $100,000, |
$728.30 |
|
plus for each additional $1,000 or fraction thereof in excess of $50,000, |
$8.90 |
|
More than $100,000, |
$1,200.70 |
|
plus for each additional $1,000 or fraction thereof, |
$6.10 |
*For additional permit issuance fee see Section 107.1
1. The building permit fee specified in the table above shall be increased by a surcharge of 0.010 percent of the total valuation of a Group R Occupancy or by 0.021 percent of the total valuation of all other occupancies or $0.50, whichever amount is higher, pursuant to Section 2705, Chapter 8, Division 2 of the Public Resources Code of the State of California (State Strong-Motion Instrumentation Program). This surcharge shall not be included in the building permit fee for the purpose of determining the plan check fee.
2. The permit fee specified in the table above shall be increased by 10 percent for all construction work required to comply with the rules and regulations adopted by the Energy Resources Conservation and Development Commission of the State of California. This increase in fee shall be included in the building permit fee for the purpose of determining the plan-checking fee.
3. The permit fee specified in the table above shall be increased by 5 percent for all construction work required to comply with Title 24, California Code of Regulations, Section 101, et seq., the state’s disabled access and adaptability requirements. The increase in fee shall be included in the building permit fee for the purpose of determining the plan check fee.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.203 Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps.
Section 702A, Definitions, as adopted by incorporation of the California Building Code, is hereby modified to add the following definition:
Adopted Local Agency Very High Fire Hazard Severity Zone Maps for the City of Palmdale are the maps approved by the California Department of Forestry and Fire Protection in cooperation with Los Angeles County Fire Department and the City of Palmdale dated July 2008.
(Ord. 1360 § 3, 2008)
8.04.204 Amendments to Chapter 16 of the Palmdale Building Code.
Chapter 16, Structural Design, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
A new Subsection 1613.7 is added to add the following amendments to ASCE 7 to read as follows:
1613.7 Amendments to ASCE 7.
1613.7.1. Modifications to ASCE 7, 12.2.3.1, Exception 3.
ASCE 7 Section 12.2.3.1, Exception 3 is modified to read as follows:
Detached one- and two-family dwellings up to two stories of light frame construction.
1613.7.2. ASCE 7, Section 12.8.1.1. Modify ASCE 7 Section 12.8.1.1 by replacing Equation 12.8-5 as follows:
CS = 0.044 SDS 1 Š 0.01 (Eq. 12.8-5)
1613.7.3. ASCE 7 Table 12.8-2 is amended by adding the following to that Table:
|
Structure Type |
Cr |
x |
|
Eccentrically braced steel frames and buckling-restrained braced frames |
0.03 |
0.75 |
1613.7.4. ASCE 7 Section 12.8.7 is amended by by replacing Equation 12.8-16 as follows:
q = (Px D I) / Vx hsx Cd (Eq. 12.8-16)
1613.7.5. ASCE Section 12.11.2.2.3 is amended to read as follows:
12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section.
For wood diaphragms supporting concrete or masonry walls, wood diaphragms shall comply with the following:
1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub-diaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the sub-diaphragm shall not exceed 75% of the maximum diaphragm shear.
1613.7.6 ASCE 7, Section 12.12.3 is amended to read as follows:
12.12.3 Minimum Building Separation. All structures shall be separated from adjoining structures. Separations shall allow for the maximum inelastic response displacement (DM). DM shall be determined at critical locations with consideration for both translational and torsional displacements of the structure as follows:
DM = Cd dmax (Equation 16-45)
where dmax is the calculated maximum displacement at level x as defined in ASCE 7, Section 12.8.4.3.
Adjacent buildings on the same property shall be separated by at least a distance DMT, where:
DMT = [(DM1)2 + (DM2)2] (1/2)
(Equation 16-46)
and DM1 and DM2 are the maximum inelastic response displacements of the adjacent buildings.
Where a structure adjoins a property line not common to a public way, the structure shall also be set back from the property line by at least the displacement, DM, of that structure.
Exception: Smaller separations or property line setbacks shall be permitted when justified by rational analyses.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.203.)
8.04.205 Amendments to Chapter 17 of the Palmdale Building Code.
Chapter 17, Structural Tests and Special Inspections, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Subsection 1704.4 is amended to read as follows:
1704.4 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1704.4.
EXCEPTIONS: Special inspection shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less in height that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:
2.1 The footings support walls of light-frame construction;
2.2 The footings are designed in accordance with Table 1805.4.2; or
2.3 The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways and sidewalks, on grade.
Table 1704.4 is amended by adding the following:
|
Verification and Inspections |
Continuous |
Periodic |
Referenced Standard |
IBC Reference |
|
12. Grade Beam Connection to Pile Foundations |
– |
X |
ACI 318: Ch. 21 |
– |
Subsection 1709.1 is amended to read as follows:
1709.1 General. Where required by the provisions of Section 1709.2 or 1709.3 the owner shall employ the registered design professional in responsible charge for the structural design, or another registered design professional designated by the registered design professional in responsible charge for the structural design to perform structural observations as defined in Section 1702. At the conclusion of the work included in the permit, the structural observer shall submit to the Building Official a written statement that the site visits have been made and identify any reported deficiencies that, to the best of the structural observer’s knowledge, have not been resolved.
Subsection 1709.2 is amended to add conditions 6 and 7 as follows:
6. All residential structures 5000 square foot or larger.
7. All buildings 20,000 square foot or larger.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.204.)
8.04.206 Amendments to Chapter 18 of the Palmdale Building Code.
Chapter 18, Soils and Foundations, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Subsection 1805.5 is amended to read as follows:
1805.5 Foundation Walls. Concrete and masonry foundation walls shall be designed in accordance with Chapter 19 or 21.
Tables 1805.5 (1) through 1805.5 (5) are deleted. (Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.205.)
8.04.207 Amendments to Chapter 19 of the Palmdale Building Code.
Chapter 19, Concrete, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Subsection 1909.2 is amended to read as follows:
Section 1909.2 Limitations. Plain concrete shall not be used to resist the loads prescribed by this PBC.
EXCEPTIONS:
1. Storage racks, equipment, and other improvements may be anchored to plain concrete when designed in accordance with ACI 318 and approved by the Building Official.
2. Isolated footings of plain concrete supporting pedestals or columns are permitted for building of light-frame construction, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.206.)
8.04.208 Amendments to Chapter 21 of the Palmdale Building Code.
Chapter 21, Masonry, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
The following sections of Chapter 21 of the California Building Code are added, deleted, or amended as follows:
A new Subsection 2113.1.1 is added to read as follows:
2113.1.1 Alteration or Repair. Notwithstanding any other provisions of the PBC, an existing masonry chimney which is altered or repaired more than 10 percent of its replacement cost within any 12-month period, shall have its entire chimney structure comply with the current requirements of the code or other standards approved by the Building Official.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.207.)
8.04.209 Amendments to Chapter 22 of the Palmdale Building Code.
Chapter 22, Steel, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
The following sections of Chapter 22 of the California Building Code are added, deleted, or amended as follows:
Subsection 2210.6 is amended to read as follows:
2210.6 Prescriptive Framing. Detached one- and two-family dwellings and townhouses, not more than one story in height, shall be permitted to be constructed in accordance with AISI-PM, subject to the limitations therein.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.208.)
8.04.210 Amendments to Chapter 23 of the Palmdale Building Code.
Chapter 23, Wood, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
The following sections of Chapter 23 of the California Building Code are added, deleted, or amended as follows:
Subsection 2304.9.2 is amended to add new subsections to read as follows:
2304.9.2.1 Installation. Sheathing nails or other approved sheathing connectors shall be driven so that their head or crown is flush with the surface of the sheathing.
2304.9.2.2 Quality of Nails. Mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head nails are not permitted.
Subsection 2305.2.5 is amended to read as follows:
2305.2.5 Rigid Diaphragms. Design of structures with rigid diaphragms shall conform to the structure configuration requirements of Section 12.3.2 of ASCE 7 and the horizontal shear distribution requirements of Section 12.8.4 of ASCE 7.
Wood structural panel diaphragms shall not be considered as transmitting lateral forces by rotation.
Rigid wood diaphragms are permitted to cantilever past the outermost supporting shear wall (or other vertical resisting element) a length (l) not more than 25 feet (7620 mm) or two-thirds of the diaphragm width (w) whichever is smaller. Figure 2305.2.5 (2) illustrates the dimensions of l and w for a cantilevered diaphragm.
Subsection 2306.3.1 is amended to read as follows:
2306.3.1 Wood structural panel diaphragms. Wood structural panel diaphragms are permitted to resist horizontal forces using the allowable shear capacities set forth in Table 2306.3.1 or 2306.3.2.
Subsection 2306.4.1 is amended to read as follows:
2306.4.1 Wood structural panel shear walls. The allowable shear capacities for wood structural panel shear walls shall be in accordance with Table 2306.4.1. These capacities are permitted to be increased 40 percent for wind design. Wood shear walls shall be constructed of wood structural panels manufactured with exterior glue and not less than 4 feet by 8 feet (1219 mm by 2438 mm), except at boundaries and at changes in framing. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
The maximum allowable shear value for three-ply plywood resisting seismic forces is 200 pounds per foot (2.92 kn/m). Nails shall be placed not less than 1/2 inch (12.7 mm) in from the panel edges and not less than 3/8 inch (9.5 mm) from the edge of the connecting members for shear greater than 350 pounds per foot (5.11 kN/m). Nails shall be placed not less than 3/8 inch (9.5 mm) from panel edges and not less than 1/4 inch (6.4 mm) from the edge of the connecting members for shears of 350 pounds per foot (5.11 kN/m) or less.
Any wood structural panel sheathing used for diaphragms and shear walls that are part of the seismic-force-resisting system shall be applied directly to framing members.
EXCEPTION: Wood structural panel sheathing in a horizontal diaphragm is permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
Table 2306.4.1, Allowable Shear for Wood Structural Panel Shear, is amended to read as follows:
|
PANEL GRADE |
MINIMUM NOMINAL PANEL THICKNESS (inch) |
MINIMUM FASTENER PENETRATION IN FRAMING (inches) |
ALLOWABLE SHEAR VALUE FOR SEISMIC FORCES PANELS APPLIED DIRECTLY TO FRAMING |
ALLOWABLE SHEAR VALUE FOR WIND FORCES PANELS APPLIED DIRECTLY TO FRAMING |
||||||||
|
NAIL (common) or staple sizek |
Fastener spacing at panel edges (inches) |
NAIL (common) or staple sizek |
Fastener spacing at panel edges (inches) |
|||||||||
|
6 |
4 |
3 |
2e |
6 |
4 |
3 |
2e |
|||||
|
Structural I Sheathingc |
3/8 |
1-3/8 |
8d (2-1/2"x0.131" common) |
200 |
200 |
200 |
200 |
8d (2-1/2"x0.131" common) |
230d |
360d |
460d |
610d |
|
1 |
1-1/2 16 Gage |
116 |
176 |
200 |
200 |
1-1/2 16 Gage |
155 |
235 |
310 |
400 |
||
|
7/16 |
1-3/8 |
8d (2-1/2"x0.131" common) |
255 |
395 |
505 |
670 |
8d (2-1/2"x0.131" common) |
255d |
395d |
505d |
670d |
|
|
1 |
1-1/2 16 Gage |
128 |
195 |
259 |
330 |
1-1/2 16 Gage |
170 |
260 |
345 |
440 |
||
|
15/32 |
1-3/8 |
8d (2-1/2"x0.131" common) |
280 |
430 |
550 |
730 |
8d (2-1/2"x0.131" common) |
280 |
430 |
550 |
730 |
|
|
1 |
1-1/2 16 Gage |
139 |
210 |
281 |
356 |
1-1/2 16 Gage |
185 |
280 |
375 |
475 |
||
|
1-1/2 |
10d (3"x0.148" common) |
340 |
510 |
665f |
870 |
10d (3"x0.148" common) |
340 |
510 |
665f |
870 |
||
|
Sheathing, plywood sidingg except Group 5 Species |
3/8 |
1-1/4 |
6d (2-1/2"x0.113" common) |
200 |
200 |
200 |
200 |
6d (2-1/2"x0.113" common) |
200 |
300 |
390 |
510 |
|
1-3/8 |
8d (2-1/2"x0.131" common) |
200 |
200 |
200 |
200 |
8d (2-1/2"x0.131" common) |
220d |
320d |
410d |
530d |
||
|
1 |
1-1/2 16 Gage |
105 |
158 |
200 |
200 |
1-1/2 16 Gage |
140 |
210 |
280 |
360 |
||
|
7/16 |
1-3/8 |
8d (2-1/2"x0.131" common) |
240 |
350 |
450 |
585 |
8d (2-1/2"x0.131" common) |
240d |
320d |
410d |
530d |
|
|
1 |
1-1/2 16 Gage |
116 |
173 |
233 |
296 |
1-1/2 16 Gage |
155 |
230 |
310 |
395 |
||
|
15/32 |
1-3/8 |
8d (2-1/2"x0.131" common) |
260 |
380 |
490 |
640 |
8d (2-1/2"x0.131" common) |
260 |
380 |
490 |
640 |
|
|
1-1/2 |
10d (3"x0.148" common) |
310 |
460 |
600f |
770 |
10d (3"x0.148" common) |
310 |
460 |
600f |
770 |
||
|
1 |
1-1/2 16 Gage |
128 |
191 |
251 |
323 |
1-1/2 16 Gage |
170 |
255 |
335 |
430 |
||
|
19/32 |
1-1/2 |
10d (3"x0.148" common) |
340 |
510 |
665f |
870 |
10d (3"x0.148" common) |
340 |
510 |
665f |
870 |
|
|
1 |
1-3/4 16 Gage |
139 |
210 |
281 |
356 |
1-3/4 16 Gage |
185 |
280 |
375 |
475 |
||
|
|
|
Nail Size (Galvanized Casing) |
|
|
|
|
Nail Size (Galvanized Casing) |
|
|
|
|
|
|
3/8 |
1-3/8 |
8d (2-1/2"x0.131") |
160 |
200 |
200 |
200 |
8d (2-1/2"x0.131") |
160 |
240 |
310 |
410 |
|
a. Southern pine with a gravity of 0.42 or greater, or 0.65 for all other species. (3) For nails find shear value from table above for nail size for actual grade and multiply value by the following adjustment factor: Specific Gravity Adjustment Factor = [1-(0.5-SG)], where SG = Specific Gravity of the framing lumber. This adjustment factor shall not be greater than 1.
b. Panel edges backed with 2-inch nominal or wider thicker framing. Install panels either horizontally or vertically. Space fasteners maximum 6 inches on center along intermediate framing members for 3/8 inch and 7/16 inch panels installed on studs spaced 24 inches on center. For other conditions and panel thickness, space fasteners maximum 12 inches on center on intermediate supports.
c. 3/8 inch panel thickness or siding with a span rating of 16 inches on center is the minimum recommended where applied direct to framing as exterior siding.
d. Allowable shear values are permitted to be increased to values shown for 15/32 inch sheathing with same nailing provided (a) studs are spaced a maximum of 16 inches on center, or (b) panels are applied with long dimension across studs.
e. Framing at adjoining panel edges shall be 3 inches nominal or wider thicker, and nails shall be staggered where nails are spaced 2 inches on center.
f. Framing at adjoining panel edges shall be 3 inches nominal or wider thicker, and nails shall be staggered where both of the following conditions are met: (1) 1 Od (3" x 0.148") nails having penetration into framing of more than 1-1/2 inches and (2) nails are spaced 3 inches on center.
g. Values apply to all-veneer plywood. Thickness at point of fastening on panel edges governs shear values.
h. Where panels applied on both faces of a wall and nail spacing is less than 6 inches o.c. on either side, panel joints shall be offset to fall on different framing members, or framing shall be 3-inch nominal or thicker at adjoining panel edges and nails on each side shall be staggered.
i. In seismic design category D, E, or F, where shear design values exceed 350 pounds per linear foot, all framing members receiving edge nailing from abutting panels shall not be less than a single 3-inch nominal member, or two 2-inch nominal members fastened together in accordance with Section 2306.1 to transfer the design shear value between framing members. Wood structural panel joint and sill plate nailing shall be staggered in all cases. See Section 2305.3.11 for sill plate size and anchorage requirements.
j. Galvanized nails shall be hot dipped or tumbled.
k. Staples shall have a minimum crown width of 7/16 inch and shall be installed with their crowns parallel to the long dimension of the framing members.
l. For shear loads of normal or permanent load duration as defined by the AF&PA NDS, the values in the table above shall be multiplied by 0.63 or 0.56 respectively.
m. DSA-SS & OSHPD 1, 2 and 4J refer to Section 2305.2.4.2 which requires any wood structural panel sheathing used for diaphragms and shear walls that are part of the seismic-force-resisting system to be applied directly to framing members.
n. The maximum allowable shear value for three-ply plywood resisting seismic forces is 200 pounds per foot (2.92 knsm).
A new subsection 2306.4.5.2 is added to read as follows:
2306.4.5.2 Shear walls sheathed with other materials in Seismic Design Category D, E or F. In Seismic Design Category D, E or F, the allowable shear values set forth in Table 2306.4.5 shall be reduced as follows:
1. Maximum allowable shear value for lath and Portland cement plaster shall not exceed 90 plf.
2. Maximum allowable shear value for gypsum shall not exceed 30 plf.
Table 2306.4.5 is amended to read as follows:
|
TYPE OF MATERIAL |
THICKNESS OF MATERIAL |
WALL CONSTRUCTION |
FASTENER SPACINGb MAXIMUM (inches) |
SHEAR VALUEa,e (plf) |
MINIMUM FASTENER SIZEc, d, j, k, l |
|
|
Seismicl |
Wind |
|||||
|
1. Expanded metal, or woven wire lath and portland cement plaster |
7/8" |
Unblocked |
6 |
90 |
180 |
No. 11 gage, 1-1/2" long, 7/16" head 16 Ga. Galv. Staple, 7/8" legs |
|
2. Gypsum lath, plain or perforated |
3/8" lath and 1/2" plaster |
Unblocked |
5 |
30 |
100 |
No. 13 gage, 1-1/8" long, 19/64" head, plasterboard nail 16 Ga. Galv. Staple, 1-1/8" long 0.120" Nail, min, 3/8" head, 1-1/4" long |
|
3. Gypsum sheathing |
1/2" x 2' x 8' |
Unblocked |
4 |
30 |
75 |
No. 11 gage, 1-3/4" long, 7/16" head, diamond-point, galvanized 16 Ga. Galv. Staple, 1-3/4" long |
|
1/2" x 4' |
Blockedf Unblocked |
4 7 |
30 30 |
175 100 |
||
|
5/8" x 4' |
Blocked |
4" edge/7" field |
30 |
200 |
6d galvanized 0/120" Nail, min. 3/8" head, 1-3/4" long |
|
|
4. Gypsum board, gypsum veneer base or water-resistant gypsum backing board |
1/2" |
Unblockedf |
7 |
30 |
75 |
5d cooler (1-5/8" x 0.086") or wallboard 0.120" Nail, min. 3/8" head, 1-1/2" long 16 Gage Staple, 1-1/2" long |
|
Unblockedf |
4 |
30 |
110 |
|||
|
Unblocked |
7 |
30 |
100 |
|||
|
Unblocked |
4 |
30 |
125 |
|||
|
Blockedg |
7 |
30 |
125 |
|||
|
Blockedg |
4 |
30 |
150 |
|||
|
Unblocked |
8/12h |
30 |
60 |
No. 6- 1-1/4" screwsi |
||
|
Blockedg |
4/16h |
30 |
160 |
|||
|
Blockedg |
4/12h |
30 |
155 |
|||
|
Blockedf, g |
8/12h |
30 |
70 |
|||
|
Blockedg |
6/12h |
30 |
90 |
|||
|
5/8" |
Unblockedf |
7 |
30 |
115 |
6d cooler (1-7/8" x 0.092") or wallboard 0.120" Nail, min. 3/8" head, 1-3/4" long 16 Gage Staple, 1-1/2" legs, 1-5/8" long |
|
|
4 |
|
|
||||
|
Blockedg |
7 |
30 |
145 |
|||
|
4 |
|
|
||||
|
Blockedg Two ply |
Base ply: 9 Face ply: 7 |
30 |
145 |
Base ply-6d cooler (1-7/8" x 0.092") or wallboard 1-3/4" x 0.120" Nail, min. 3/8" head 1-5/8" 16 Ga. Galv. Staple Face ply-8d cooler (2-3/8" x 0.113") or wallboard 0.120" Nail, min. 3/8" head, 2-3/8" long 15 Ga. Galv. Staple, 2-1/4" long |
||
|
Unblocked |
8/12h |
30 |
175 |
No. 6- 1-1/4" screwsi |
||
|
Blockedg |
8/12h |
30 |
250 |
|||
Subsection 2308.3.4 is amended to read as follows:
2308.3.4 Braced wall line support. Braced wall lines shall be supported by continuous foundations.
Subsection 2308.12.2 is amended to read as follows:
2308.12.2 Concrete or masonry. Concrete or masonry walls or masonry veneer shall not extend above the basement.
EXCEPTION: Masonry veneer is permitted to be used in the first story above grade plane in Seismic Design Category D, provided the following criteria are met:
1. Type of brace in accordance with Section 2308.9.3 shall be Method 3 and the allowable shear capacity in accordance with Table 2306.4.1 shall be a minimum of 350 plf (5108 N/m).
2. The bracing of the first story shall be located at each end and at least every 25 feet (7620 mm) o.c. but not less than 45 percent of the braced wall line.
3. Hold-down connectors shall be provided at the ends of braced walls for the first floor to foundation with an allowable design of 2,100 pounds (9341 N).
4. Cripple walls shall not be permitted.
5. Anchored masonry and stone wall veneer shall not exceed 5 inches (127 mm) in thickness, shall conform to the requirements of Division 14 and shall not extend more than 5 feet (1524 mm) above the first story finished floor.
Subsection 2308.12.4 is amended to read as follows:
2308.12.4 Braced wall line sheathing. Braced wall lines shall be braced by one of the types of sheathing prescribed by Table 2308.12.4 as shown in figure 2308.9.3. The sum of lengths of braced wall panels at each braced wall line shall conform to Table 2308.12.4. Braced wall panels shall be distributed along the length of the braced wall line and start at not more than 8 feet (2438 mm) from each end of the braced wall line. Panel sheathing joints shall occur over studs or blocking. Sheathing shall be fastened to studs, top and bottom plates and at panel edges occurring over blocking. Wall framing to which sheathing used for bracing is applied shall be nominal 2 inch wide [actual 1 1/2 inch (38mm)] or larger members, spaced not more than 6 inches on center, and 12 inches on center along intermediate framing members. Braced wall panel construction types shall not be mixed within a braced wall line. Braced wall panels required by Section 2308.12.4 may be eliminated when all of the following requirements are met:
1. One story detached garage Group U occupancies not more than 25 feet in depth or length.
2. The roof and three enclosing walls are solid sheathed with 1/2-inch nominal thickness wood structural panels with 8d common nails placed 3/8 inches from panel edges and spaced not more than 6 inches on center along all panel edges and 12 inches on center along intermediate framing members. Wall openings for doors or windows are permitted provided a minimum 4 foot wide wood structural braced panel with minimum height to length ratio of 2 to 1 is provided at each end of the wall line and that the wall line be sheathed for 50% of its length.
Table 2308.12.4, Wall Bracing in Seismic Design Categories D and E, is amended to read as follows:
|
CONDITION |
SHEATHING TYPEb |
SDS < 0.50 |
0.50 £ SDS < 0.75 |
0.75 £ SDS < 1.00 |
SDS > 1.00 |
|
One Story |
G-Pc |
10 feet 8 inches |
14 feet 8 inches |
18 feet 8 inches |
25 feet 0 inches |
|
S-W |
5 feet 4 inches |
8 feet 0 inches |
9 feet 4 inches |
12 feet 0 inches |
|
|
Story Below top story [HCD 1] |
G-Pc, d |
18 feet 8 inchesd |
NP |
NP |
Np |
|
S-Wd |
10 feet 8 inchesd |
13 feet 4 inchesd |
17 feet 4 inchesd |
21 feet 4 inchesd |
|
|
Bottom story of three stories [HCD 1] |
G-P |
Conventional construction not permitted; conformance with Section 2301.2, Item 1 or 2 is required |
|||
|
S-W |
|||||
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Minimum length of panel bracing of one face of the wall for S-W sheathing shall be at least 4'-0" long or both faces of the wall for G-P sheathing shall be at least 8'-0" long; h/w ratio shall not exceed 2:1. For S-W panel bracing of the same material on two faces of the wall, the minimum length is permitted to be one-half the tabulated value but the h/w ratio shall not exceed 2:1 and design for uplift is required.
b. G-P = gypsum board, Portland cement plaster or gypsum sheathing boards; S-W = wood structural panels.
c. Nailing as specified below shall occur at all panel edges at studs, at top and bottom plates and, where occurring, at blocking:
For 1/2 inch gypsum board, 5d (0.113 inch diameter) cooler nails at 7 inches on center;
For 5/8 inch gypsum board, No. 11 gage (0.120 inch diameter) cooler nails at 7 inches on center;
For gypsum sheathing board, 1 3/4 inches long by 7/16 inch head, diamond point galvanized nails at 4 inches on center.
For gypsum lath, No. 13 gage (0.092 inch) by 1 1/8 inches long, 19/64-inch head, plasterboard at 5 inches on center.
For Portland cement plaster, No. 11 gage (0.120 inch) by 1 1/2 inches long 7/16 inch head at 6 inches on center.
d. S-W sheathing shall be 15/32" thick nailed with 8d nails, at 6:6:12.
Subsection 2308.12.5 is amended to read as follows:
2308.12.5 Attachment of Sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.12.4 or Table 2304.9.1. Wall sheathing shall not be attached to framing members by adhesives. All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (609.6 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inch (609.6 mm) intervals along the top plate of discontinuous vertical framing.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.209.)
8.04.211 Amendments to Chapter 31 of the Palmdale Building Code.
Chapter 31, Special Construction, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Subsection 3109.3 is amended to read as follows:
3109.3 Public Swimming Pools
Enclosures shall comply with all provisions of the Health Department and Section 3109.4.1 through 3109.4.3.
Subsection 3109.4.1, Barrier Height and Clearances, is amended to read as follows:
3109.4.1 Barrier Height and Clearances
The top of the barrier shall be at least 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than 45 inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited.
Subsection 3109.4.1.7, Gates, is amended to read as follows:
3109.4.1.7 Gates. Access gates shall comply with Sections 3109.4.1.1 through 3109.4.1.6. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool and comply with Section 1008.1.8. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. A sign shall be posted which states that the gate is part of a pool enclosure and must be locked or under direct adult supervision at all times. A gate that serves as the main driveway to a garage or carport cannot use the padlock and sign provisions and shall comply with the self-closing and self-latching provisions above.
(Ord. 1360 § 4, 2008; Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007. Formerly 8.04.210.)
8.04.235 Adoption of Chapter 36, Repairs to Buildings and Structures Damaged by the Occurrence of a Natural Disaster.
A new Chapter 36, Repairs to Buildings and Structures Damaged by the Occurrence of a Natural Disaster, is adopted as a part of the Palmdale Building Code to read and be cited as follows:
CHAPTER 36 REPAIRS TO BUILDINGS AND STRUCTURES DAMAGED BY THE OCCURRENCE OF A NATURAL DISASTER
3601 Purpose
The purpose of this division is to provide a defined level of repair for buildings damaged by a natural disaster in jurisdictions where a formal state of emergency has been proclaimed.
3602 General
Required repair levels shall be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre-event condition to the estimated replacement value of the building or structure.
3603 Structural Repairs
When the damage ratio does not exceed 0.10 (10 percent), buildings and structures, except essential service facilities included as Category I buildings and structures in Table 1604.5, shall have the damaged structural members including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of the Building Code. These criteria shall apply to essential service facilities when the damage ratio is less than 0.3 (30 percent).
Exception: For buildings with rigid diaphragms where the above-required repair and strengthening increases the rigidity of the resisting members, the entire lateral force resisting system of the building shall be investigated. When, in the opinion of the Building Official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition shall be corrected.
When the damage ratio is greater than 0.5 (50 percent), buildings and structures, except essential service facilities, included as Category I buildings and structures in Table 1604.5, shall at a minimum have the entire building or structure strengthened to comply with the force levels and connection requirements of the building code. These criteria shall apply to essential service facilities when the damage ratio is greater than or equal to 0.3 (30 percent).
3604 Nonstructural Repairs to Light Fixtures and Suspended Ceilings
Under all damage ratios, when light fixtures and the suspension system of suspended ceilings are damaged, light fixtures and suspension systems shall be repaired to fully comply with the requirements of this code. Undamaged light fixtures and suspension systems shall have the additional support and bracing, provided that is required in the PBC.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.240 Adoption of Chapter 64, Restrictions in Fire Zones.
Repealed by Ord. 1360. (Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.245 Adoption of Chapter 65, Signs.
A new Chapter 65, Signs, is adopted as the sign provisions of the Palmdale Building Code, to read and to be cited as follows:
CHAPTER 65 SIGNS
6501 – DEFINITIONS
For the purpose of this code, certain terms, phrases, words and their derivatives shall be defined as follows:
BUILDING LINE. For the purpose of this chapter, a “property line” shall also mean a building line whose boundaries are established by a building line ordinance.
FACE OF BUILDING is the general outer surface, not including cornices, bay windows or other ornamental trim, of any main exterior wall of a building.
GROUND SIGN is a detached sign erected upon or supported by the ground.
PROJECTING SIGN is a sign other than a wall sign suspended from or supported by a building or structure and projecting out therefrom.
ROOF SIGN is a sign erected upon or above a roof or parapet wall of a building or structure.
SIGN is a display board, screen, structure, object or part thereof used to announce, declare, demonstrate, display or otherwise advertise and attract the attention of the public.
WALL SIGN is a sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall.
6502 – GENERAL REQUIREMENTS
6502.1 Scope.
This chapter is intended to regulate the construction, erection, alteration, repair and maintenance of all signs and their supports in the City of Palmdale except ground signs extending not more than 6 feet (1829 mm) above grade.
6502.2 Permits.
A building permit as specified in Section 106 shall be required for every sign and sign structure regulated by this chapter. Where electrical lighting illuminates signs, a separate electrical permit shall be obtained as required by the Electrical Code of the City of Palmdale Code.
6502.3 Plans.
Two copies of plans and specifications shall be submitted with the application for permit for each sign except cloth and banner signs. Such plans shall show complete details, method of attachment or support, location, and materials to be used. Plans for supports of all roof signs and other signs subject to excessive stresses shall be accompanied by structural computations.
Sufficient data shall be submitted to show that the supporting surface and other members of an existing building to which a sign is to be attached are in good condition, and are adequately strong to support the load.
6502.4 Designs and Construction.
Sign frames and supporting construction shall be designed and constructed as provided in the structural engineering design provisions of this code.
EXCEPTION: 1. Structural steel members shall not be less than 1/4 inch (6.4 mm) thick if nongalvanized, and 3/16-inch (4.8 mm) thick if all members, including bolts and fastenings, are galvanized. Bolts and rivets used in supporting sign structures, supporting 100 square feet (9.29 m2) in area or more shall be not less than 1/2 in (12.7 mm) diameter. On such structures supporting signs less than 100 square feet (9.29 m2) in area, bolts and rivets shall not be less than 3/8 inch (9.5 mm) in diameter.
Supports shall be designed so that all loads and reactions shall be transmitted to the ground through the structural framework and walls of supporting buildings or structures. Signs erected on buildings or structures shall be securely attached by means of adequate metal brackets, listed expansion bolts, through bolts or lag screws. No material, part, portion or equipment thereof or therefor shall be used which may become dangerous because of vibration, corrosion, disintegration or for any other reason whatsoever. Wire other than stranded cable shall not be considered as adequate fastening, except for cloth and banner signs. If supports of an existing structure are found to be inadequate, they shall be adequately strengthened before the sign is erected.
6502.5 Projection and Clearance.
Signs may project over a public street, public sidewalk or building line a distance as determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as follows:
Clearance less than 8 feet (2438 mm), 6-inch (152 mm) projection;
Clearance from 8 feet (2438 mm) to 10 feet (3048 mm), 1-foot (305 mm) projection; and
Clearance above 8 feet (2438 mm), for each additional 2-foot (610 mm) clearance, an additional 1-foot (305 mm) projection;
Provided that no structure shall have a projection of more than 5 feet (1524 mm), and provided further that a projecting sign built above and in connection with a marquee may have such a projection of 5 feet (1524 mm) without clearance between sign and marquee; and provided further that no structure shall project beyond the curb line, regardless of clearance above grade.
Signs projecting more than 6 inches (152 mm) from the face of a building over private property used or intended to be used by the general public shall have a minimum clearance of 8 feet (2438 mm) above said sidewalk or grade.
6502.6 Materials.
Signs and their supports may be constructed of any material allowed in this chapter for the classification and location of sign to be erected. Glass used in signs shall be of the size, thickness and type given in Table 65-1 of this chapter.
|
MINIMUM SIZE GLASS |
OF EXPOSED PANEL |
MINIMUM THICKNESS OF GLASS IN INCHES |
TYPE OF GLASS |
|
Any Dimension in Inches |
Area in Square Inches |
|
|
|
30 |
500 |
1/8 |
Plain, Plate or Wired |
|
45 |
700 |
3/16 |
Plain, Plate or Wired |
|
144 |
3600 |
1/4 |
Plain, Plate or Wired |
|
Over 144 |
Over 3600 |
1/4 |
Wired Glass |
EXCEPTION: Surfaces of signs not more than 55 feet (16,764 mm) above grade may be of plastic material, which has a flame-spread rating of 225 or less when tested in accordance with U.B.C. Standard 8-1 in the way intended for use.
6502.7 Prohibited Locations.
No sign shall project into any alley whatsoever below a height of 14 feet (4267 mm)
above grade or more than 6 inches (152 mm) when over 14 feet (4267 mm).
No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe, or obstruct any required ventilator, door or stairway. No sign shall obstruct the free use of any window on the same premises. No sign shall be erected in such a manner as to interfere with, mislead or confuse traffic.
6502.8 Combination Signs.
Each portion of a sign, which is subject to more than one classification, shall meet the requirements for the classification to which such portion is subject.
6502.9 Identification.
Every sign shall have an identifying number, and except for ground signs, shall have the weight of the sign plainly placed on the exterior surface of the sign body in a location where such information will be readily visible after installation and erection.
6502.10 Maintenance.
Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening. At all times they shall be able to safely withstand the wind pressure for which they were originally designed, and in no case shall their wind resistance be less than 15 pounds per square foot (718.2 N/m2).
6503 – GROUND SIGNS
An approved preservative shall protect all members of wooden ground signs that extend into the ground. Approved plastic as defined in Chapter 52 may be used for surface of signs exceeding 55 feet (16764 mm) in height, provided the sign is constructed of noncombustible materials.
6504 – PROJECTING SIGNS
Projecting signs attached to a building shall be of noncombustible materials, or of not less than one-hour fire-resistive construction as specified in Chapter 7. The thickness of any such sign shall not exceed the following:
For a maximum projection of 5 feet (1524 mm), a thickness of 2 feet (610 mm).
For a maximum projection of 4 feet (1219 mm), a thickness of 2 feet 6 inches (762 mm).
For a maximum projection of 3 feet (914 mm), a thickness of 3 feet (914 mm).
6505 – WALL SIGNS
Wall signs exceeding a height of 15 feet (4572 mm) above grade shall have a surface of noncombustible material, but may have ornamental moldings and latticework of combustible material. No wall sign shall have a projection greater than 24 inches (610 mm) over any public street, other public property or building line, as defined herein. No wall sign shall extend above the roof or highest parapet wall immediately adjacent thereto.
6506 – ROOF SIGNS
6506.1 Access.
Passages clear of all obstructions shall be left under all signs exceeding a height of 4 feet (1219 mm) above the roof thereunder or immediately adjacent thereto. There shall be one such passage or access opening for each building covered, at least every 50 feet (15240 mm) in the length of the sign, and when such signs are at right angles to a face of the building, within 20 feet (6096 mm) of parapet or exterior walls. Such passages shall not be less than 3 feet (914 mm) wide and 4 feet (1219 mm) high and shall be at the parapet or roof level.
6506.2 Height.
No solid roof sign or solid portion of a roof sign on a Type II, III, IV or V building or structure shall exceed a height of 30 feet (9144 mm) above the top of the parapet wall nearest the sign, or above the highest point of the roof directly under the sign in case there is no parapet wall, unless constructed as an integral part of the building or structure or unless its supporting frame extends directly to the ground. The height above a Type I structure is unlimited.
6506.3 Construction.
Roof signs shall be designed as required in Section 6502. They shall be of noncombustible material, except that wood moldings and 2-inch-thick (51 mm) plank walkways may be used. Blocks, angles or supports fastened to the roof shall be so located as not to interfere with the drainage of the roof, where necessary, flashing or counter flashing shall be placed.
6507 – SPECIAL SIGNS
6507.1 Marquee Signs.
Signs may be placed on, attached to or constructed in a marquee and such signs shall, for the purpose of determining projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee. Projecting signs attached to a building may also be attached to a marquee.
6507.2 Cloth and Banner Signs.
Cloth and banner signs placed on buildings shall be strongly constructed and securely attached flat against the building. They shall be removed as soon as they are torn or damaged.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.250 Adoption of Chapter 66, Special Safety Provisions.
A new Chapter 66, Special Safety Provisions, is adopted as the Special Safety Provisions of the Palmdale Building Code, to read and to be cited as follows:
CHAPER 66 SPECIAL SAFETY PROVISIONS
6601 – GENERAL PROVISIONS
6601.1 Structures Regulated.
The provisions of this chapter are intended to regulate structures that are not otherwise regulated by this code, but that affect or may affect the physical safety of human beings. This shall include the installation, maintenance and operations of public assembly tents over 90 days, amusement devices, towers, membrane structures not regulated by Chapter 31, Division H, and other structures.
An AMUSEMENT DEVICE OR STRUCTURE is any device or structure such as rebound tumbling equipment, merry-go-rounds, Ferris wheels, captive airplanes, dark houses and similar devices or structures which the public is invited or permitted to ride or use for the purpose of amusement.
6601.2 Permits.
No person shall erect or construct or proceed with the erection or construction of any amusement device or other structure regulated by this chapter without first filing an application and obtaining a permit therefor from the Building Official. A permit shall be required each time said structure is erected or moved. Any person desiring a permit under this chapter shall, when filing an application, pay the Building Official a fee as set forth in Section 107.
6601.3 Construction Requirements.
Amusement devices, and all structures, equipment or devices regulated by this chapter, whether specifically mentioned or not, shall be made structurally safe, with due allowance for impact, wear and injury during use. Where not otherwise specifically provided in this code, the construction, installation, maintenance and use of everything regulated by this chapter shall provide adequate safety for the loads to which they may be subjected. A current certificate or license from the State of California for the amusement device shall serve as evidence that the device complies with the intent of this section unless a visual inspection reveals otherwise.
6601.4 Certificate of Occupancy.
No structure regulated by this chapter shall be used or occupied unless or until an inspection has been made and a certificate of occupancy has been issued as provided in Section 109 each time said structure is erected or moved.
6601.5 Unsafe Structure or Device.
Whenever any structure or device regulated by this chapter is being used or occupied contrary to the provisions of this code or in a dangerous or unsafe manner, the Building Official may order such use or occupancy discontinued by notice in writing served on any persons engaged in using or occupying or causing to be used or occupied such structure or device, and all such persons shall forthwith discontinue such use or occupancy until authorized by the Building Official to continue the same.
6602 – AMUSEMENT DEVICES
6602.1 General.
This section shall regulate amusement devices or structures when the provisions of Section 408.5, 904.2.3.6 or 1013.6 do not apply.
6602.2 Location on Property.
Location of structures and devices regulated by this section shall be such as to provide adequate safety to the occupants of or adequate egress from said structure or device, or adjacent structures or devices, in case of fire or panic.
6602.3 Construction.
All structures or devices regulated by this section shall be constructed and maintained as required in Section 6601.
6602.4 Special Safety Measures.
In case of doubt, the Building Official, at any time, may order a structure or device regulated by this chapter to be tested in his or her presence with loads equal to double the weight of the proposed occupants, loaded either uniformly or eccentrically. When necessary for safety, the Building Official may limit the speed of operation of such devices or order sufficient alterations to make them safe.
6602.5 Exit Facilities.
Exits and exit passageways shall be provided from or between structures or devices to ensure safety in case of panic or disaster.
6602.6 Special Hazards.
Adequate fire extinguishing apparatus shall be provided subject to the approval of the Building Official.
6602.7 Reinspection.
The Building Official may cause all structures and devices regulated by this section to be reinspected, and fees for such inspection shall be paid as required by Section 107.
6603 – REBOUND TUMBLING EQUIPMENT
Rebound tumbling equipment, as used in this chapter and Section 107, is a fabric bed or surface designed to provide resilience by virtue of its own elasticity or that provided by an elastic or spring suspension system, or by both, within a stable and tested frame that is intended to be used for jumping, bouncing or acrobatic tumbling.
6604 – REBOUND TUMBLING CENTER
Rebound tumbling center, as used in this chapter, is a place where rebound tumbling equipment is provided and maintained for public use.
6605 – LAYOUT OF REBOUND TUMBLING EQUIPMENT
Rebound tumbling equipment shall be located on a level surface in such a way as to be within view of the operator or attendant at all times. The spacing of equipment units shall conform to the following minimum dimensions as measured from the inside edge of the frame:
1. Three feet (914 mm) between sides of units.
2. Four feet (1219 mm) between ends of units.
3. Five feet (1524 mm) from ends to nearest fence, building or other similar construction.
4. Three feet (914 mm) from sides or corners to nearest fence, building or other similar construction.
The area surrounding the rebound tumbling equipment shall be surfaced to prevent a dust nuisance and shall have a reasonably level surface of pea gravel or equivalent type of material from a safety and dust-control standpoint.
6606 – CONSTRUCTION OF PITS
Pits for rebound tumbling centers shall be so constructed that they will not interfere with the operation of the equipment and that they be of a depth not less than 3 feet (914 mm) or more than 4 feet (1219 mm) at centers. Such pits shall be so framed that the rebound tumbling equipment is held in a level position and is supported on a solid stable surface. Lumber used as framing for pits shall not be less than 2 inches (51 mm) in thickness and shall be securely connected together.
6607 – CONSTRUCTION OF EQUIPMENT
Precautionary measures shall be taken to prevent broken springs on rebound tumbling equipment from disengaging from the assembly.
6608 – USE OF PADDING
The frames of rebound tumbling equipment shall be completely padded to provide reasonable safety. Pads 2 inches (51 mm) thick filled with cotton liners shall be deemed to meet this requirement.
6609 – FENCING
The entire rebound tumbling center shall be completely enclosed by fencing not less than 5 feet (1524 mm) in height.
6610 – INSPECTION
The Building Official shall inspect annually every rebound tumbling center.
6611 – AUTOMOBILE RACING FACILITIES
6611.1 Scope.
Every person or corporation owning or operating oval and other closed track automobile racing facilities shall erect and maintain protective fencing between grandstands or bleacher areas in accordance with Section 6611.2. This section shall not apply where racing is limited to quarter midget cars, go-carts and similar smaller vehicles.
6611.2 Protective Fencing.
The location and construction of fencing shall comply with the following:
6611.2.1 Location.
Fencing shall be installed between the grandstands or bleachers and the track surface in the following situations:
1. When such surface is a curve and within 100 feet (30,480 mm) of the grandstands or bleachers.
2. When such surface is other than a curve and is within 50 feet (15,240 mm) of the grandstands or bleachers.
3. Notwithstanding Subsections 1 and 2, when such surface is within 50 feet (15,240 mm) of grandstands or bleachers and such grandstands and bleachers are located within the infield or other area surrounded by the track.
6611.2.2 Height.
Fencing shall extend 12 feet (3658 mm) above the highest grade of the racing surface.
6611.2.3 Construction.
At and adjacent to curves, the fencing shall be of galvanized wire mesh, minimum No. 11 gauge, with a maximum spacing between wires of 2 1/2 inches (63 mm). Galvanized steel posts spaced not greater than 12 feet (3658 mm) on center shall be designed to resist a minimum loading of 100 pounds applied perpendicular to the fence 5 feet (1524 mm) from its base. Two-and-one-half-inch-diameter (63 mm) standard weight, Schedule 40, steel pipe (2 7/8 inch outside diameter) (73 mm outside diameter) imbedded in a concrete foundation 3 feet (914 mm) deep and 18 inches (457 mm) in diameter will satisfy this requirement. Continuous seven-strand 1/4-inch (6.4 mm) diameter galvanized steel cable shall be provided horizontally at the top and bottom of the fencing. Additional continuous 1/4-inch (6.4 mm) horizontal cables shall be provided at a 4-foot (1219 mm) maximum spacing. Such cable shall be mechanically fastened to the post. At locations other than curves, the spacing between wires may be increased to 4 inches (102 mm).
6611.3 Curves.
For the purpose of this section, curves are defined as those portions of the track having a radius of less than 1,000 feet (304.8 m) at the inside edge and shall include a distance of 50 feet (15,240 mm) from each end of the curve.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.255 Adoption of Chapter 67, Security Provisions.
A new Chapter 67, Security Provisions, is adopted as the security provisions of the Palmdale Building Code, to read and be cited as follows:
CHAPTER 67 SECURITY PROVISIONS
6701 – PURPOSE
The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry.
6702 – SCOPE
The provisions of this chapter shall apply to enclosed Groups B, F, M, R and S occupancies and enclosed private garages.
6703 – LIMITATIONS
No provision of this chapter shall require or be construed to require devices on exit doors or on sleeping room emergency exits contrary to the requirements specified in Chapter 10 and Section 310.4.
6704 – ALTERNATE SECURITY PROVISIONS
The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based on a recommendation of the county sheriff or the City Public Safety Office.
6705 – DEFINITIONS
For the purpose of this chapter, certain terms are defined as follows:
CYLINDER GUARD is a protective metal device of hardened steel, or with a hardened steel insert, that covers or surrounds the exposed portion of the lock cylinder for the purpose of protecting the cylinder from wrenching, prying, cutting, driving through or pulling out by attack tools.
DEADBOLT is a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn or lever, and is positively held fast when in the projected position.
DEADLOCKING LATCH is a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism.
LATCH is a device for automatically retaining the door in a closed position upon its closing.
6706 – TESTS – SLIDING GLASS DOORS
Panels shall be closed and locked. Tests shall be performed in the following order:
6706.1 Test A.
With the panels in the normal position, a concentrated load of 300 pounds shall be applied separately to each vertical pull stile incorporating a locking device, at a point on the stile within 6 inches (152.4 mm) of the locking device, in the direction parallel to the plane of glass that would tend to open the door.
6706.2 Test B.
Repeat Test A while simultaneously adding a concentrated load of 150 pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door.
6706.3 Test C.
Repeat Test B with the 150-pound (667.2 N) force in the reversed direction toward the exterior side of the door.
6706.4 Tests D, E and F.
Repeat Tests A, B and C with the movable panel lifted upwards to its full limit within the confines of the door frame.
6706.5 Identification.
Sliding glass door assemblages subject to the provisions of this section shall bear a label or other approved means of identification indicating compliance with these tests. The label shall be a type authorized through a recognized testing agency that provides periodic follow-up inspection service.
6707 – TESTS – SLIDING GLASS WINDOWS
Sash shall be closed and locked. Tests shall be performed in the following order:
6707.1 Test A.
With the sliding sash in the normal position, a concentrated load of 150 pounds shall be applied separately to each sash member incorporating a locking device, at a point on the sash member within 6 inches (152.4 mm) of the locking device, in the direction parallel to the plane of glass that would tend to open the window.
6707.2 Test B.
Repeat Test A while simultaneously adding a concentrated load of 75 pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window.
6707.3 Test C.
Repeat Test B with the 75 pounds of force in the reversed direction toward the exterior side of the window.
6707.4 Tests D, E and F.
Repeat Tests A, B and C with the movable sash lifted upwards to its full limit within the confines of the window frame.
6707.5 Identification.
Sliding glass window assemblages subject to the provisions of this section shall bear a label or other approved means of identification indicating compliance with these tests. The label shall be a type authorized through a recognized testing agency, which provides periodic follow up inspection service.
6708 – DOORS – GENERAL
A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed, and secured as set forth in Sections 6709, 6711 and 6712, when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said Sections 6709, 6710, 6711 and 6712.
6709 – DOORS – SWINGING DOORS
6709.1
Swinging wooden doors which are operable from the inside without the use of a key shall be of one of the following constructions or shall be of a construction having equivalent forced entry resistance:
6709.1.1
Solid-core doors not less than 1 3/8 inches (35 mm) in thickness.
6709.1.2
Wood panel-type doors with panels fabricated of lumber not less than 1 3/8 inches (34.9 mm) thick, provided shaped portions of the panels are not less than 1/4 inch (6.4 mm) thick. Individual panels shall not exceed 300 square inches (0.19 m2) in area. Stiles and rails shall be of solid lumber with overall dimensions of not less than 1 3/8 inches (35 mm) in thickness and 3 inches (76 mm) in width. Mullions shall be considered a part of adjacent panels unless sized as required herein for stiles and rails, except mullions not over 18 inches (457 mm) long may have an overall width of not less than 2 inches (51 mm). Carved areas shall have a thickness of not less than 3/8 inch (9.5 mm). Dimensional tolerances published in recognized industry standards may be utilized.
6709.1.3
Hollow-core doors or doors less than 1 3/8 inches (35 mm) in thickness, either of which are covered on the inside face with 16-gauge sheet metal attached with screws at 6 inches (152 mm) maximum centers around the perimeter.
Lights in doors shall be as set forth in Sections 6714 and 6715.
6709.2
A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a latch. A dead latch shall be used if a key-locking feature is incorporated in the latching mechanism. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts, or the equivalent, so as to repel cutting tool attack. The deadbolt lock or locks shall be key-operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key, tool or excessive force.
EXCEPTIONS:
1. The latch may be omitted from doors in Group B occupancies.
2. In other than residential occupancies, locks may be key-operated, or otherwise operated from the inside when not prohibited by Chapter 10 or other laws and regulations.
3. A swinging door of greater than 5 feet (1524 mm) width may be secured as set forth in Section 6711.
4. In residential occupancies, doors not required by Section 310.4 or 1004.1 may be equipped with security type hardware which requires a key to release from the interior side of the door if the sleeping rooms are protected with a fire warning system as set forth in Section 310.9.
A straight deadbolt shall have a minimum throw of 1 inch (25.4 mm) and the embedment shall not be less than 5/8 inch (15.9 mm) into the holding device receiving the projected bolt. A hook shape or expanding lug deadbolt shall have a minimum throw of 3/4 inch (19 mm). All deadbolts of locks which automatically activate two or more deadbolts shall embed at least 1/2 inch (12.7 mm), but need not exceed 3/4 inch (19 mm), into the holding devices receiving the projected bolts.
6709.3
The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in Section 6709.2.
EXCEPTIONS:
1. The bolt or bolts need not be key-operated, but shall not be otherwise activated, from the exterior side of the door.
2. The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf.
3. Manually operated hardened bolts that are at the top and bottom of the leaf and which embed a minimum of 1/2 inch (12.7 mm) into the device receiving the projected bolt may be used when not prohibited by Chapter 10 or other laws and regulations.
6709.4
Doorstops on wooden jambs for in-swinging doors shall be of one-piece construction with the jamb or joined by a rabbet.
6709.5
Nonremovable pins shall be used in pin-type hinges that are accessible from the outside when the door is closed.
6709.6
Cylinder guards shall be installed on cylinder locks for deadbolts whenever the cylinder projects beyond the outside face of the door or is otherwise accessible to attack tools.
6710 – DOORS – SLIDING GLASS DOORS
Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in Section 6706, they remain intact and engaged. Movable panels shall not be rendered easily operable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Locking devices installed on sliding glass doors providing the exit required by Section 1003 or providing for the emergency escape or rescue required by Section 310.4 shall be releasable from the inside without the use of a key, tool or excessive force.
6711 – DOORS – OVERHEAD AND SLIDING DOORS
Metal or wooden overhead and sliding doors shall be secured with a deadbolt lock, padlock with a hardened steel shackle, or equivalent when not otherwise locked by electric power operation. Locking devices, when installed at the jamb of metal or wooden overhead doors, shall be installed on both jambs when such doors exceed 9 feet (2743 mm) in width. Metal or wooden sliding doors exceeding 9 feet (2743 mm) in width and provided with a jamb-locking device shall have the door side opposite the lock restrained by a guide or retainer. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.
6712 – DOORS – METAL ACCORDION GRATE OR GRILLE-TYPE DOORS
Metal accordion grate or grille-type doors shall be equipped with metal guides at top and bottom, and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.
6713 – LIGHTS – GENERAL
A window, skylight or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in Sections 6714 and 6715, when the bottom of such window, skylight or light is not more than 16 feet (4877 mm) above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with Sections 6714 and 6715.
6714 – LIGHTS – MATERIAL
Lights within 40 inches (1016 mm) of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with a least dimension greater than 6 inches (152 mm) but less than 48 inches (1219 mm) in Groups B, F, M and S occupancies, shall be fully tempered glass, laminated glass of at least 1/4 inch (6.4 mm) thickness, approved burglary resistant material, or guarded by metal bars, screens or grilles in an approved manner.
6715 – LIGHTS – LOCKING DEVICES
6715.1
Locking devices installed on windows providing the emergency egress required by Section 310.4 shall be releasable from the inside without use of a key, tool or excessive force.
6715.2
Sliding glass windows shall be provided with locking devices that, when subject to the tests specified in Section 6707, remain intact and engaged. Movable panels shall not be rendered easily operable or removable from the frame during or after the tests.
6715.3
Other operable windows shall be provided with substantial locking devices, which render the building as secure as the devices required by this section. In Groups B, F, M and S occupancies, such devices shall be a glide bar, bolt, cross bar, and/or padlock with hardened steel shackle.
6715.4 Special.
Louvered windows, except those above the first story in Group R occupancies which cannot be reached without a ladder, shall be of material or guarded as specified in Section 6714, and individual panes shall be securely fastened by mechanical fasteners that require a tool for removal and are not accessible on the outside when the window is in the closed position.
6716 – OTHER OPENINGS – GENERAL
Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant, and the bottom of which is not more than 16 feet (4877 mm) above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit with openings therein, shall be constructed, installed and secured as set forth in Section 6717.
6717 – HATCHWAYS, SCUTTLES AND SIMILAR OPENINGS
6717.1
Wooden hatchways of less than 1 3/4-inch thick (44 mm) solid wood shall be covered on the inside with 16-gage sheet metal attached with screws at 6-inch-maximum (152 mm) centers around perimeter.
6717.2
The hatchway shall be secured from the inside with a slide bar, slide bolt, and/or padlock with a hardened steel shackle.
6717.3
Outside pin type hinges shall be provided with non-removable pins or a means by which the door cannot be opened through removal of hinge pins while the door is in the closed position.
6717.4
Other openings exceeding 96 square inches (0.062 m2) with a least dimension exceeding 8 inches (203 mm) shall be secured by metal bars, screens or grilles in an approved manner.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.260 Adoption of Chapter 68, Relocation Permit Provisions.
A new Chapter 68, Relocation Permit Provisions, is adopted as the relocation permit provisions of the Palmdale Building Code, to read and to be cited as follows:
6801 – RELOCATION BUILDING PERMIT REQUIRED
A person shall not move a building or structure onto any premises until such person first secures a relocation-building permit as hereinafter provided.
6802 – RELOCATION BUILDING PERMIT NOT REQUIRED
A permit is not required where the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover, nor is a permit required for a contractor’s tool house, construction building or similar structure which is moved as construction requires.
6803 – APPLICATIONS
Every application to the Building Official for a relocation building permit shall be in writing on a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this chapter.
6804 – INVESTIGATION REQUIRED
A rendering, perspective drawing or other illustration acceptable shall accompany every application to the Building Official for a relocation building permit to the Building Official showing, in color, the appearance of the completed building on the proposed site. If there is to be no substantial change of the exterior of the building in its new location, and if a photograph or photographs taken at the existing site will adequately represent the appearance of the completed building on the proposed site, the Building Official may waive the requirement of a rendering or equivalent drawing. In addition, the Building Official may require the submission of such plans, photographs and other substantiating data, in connection with a relocation building permit application, and may initiate any investigation that the Building Official deems necessary and helpful in determining any matters presented by the application.
6805 – APPLICATION FEES
The applicant for a relocation building permit shall pay an application and investigation fee, as provided by Section 107, to the Building Official for inspection of the building at its present location and investigation of the proposed site.
6806 – PERMIT FEES
Relocation building permit fees for repairs or alterations to relocated buildings shall be required in accordance with Section 107 of this code.
6807 – ISSUANCE OF PERMIT
If the condition of the building or structure, in the judgment of the Building Official, admits of practicable and effective repair, the Building Official may issue a relocation building permit to the owner of the property where the building or structure is to be located subject to conditions as hereinafter provided. Otherwise, the permit shall be denied.
6808 – PROHIBITED BUILDINGS
Except as otherwise provided in this chapter, the Building Official shall not issue relocation buildings permit for any building or structure which:
1. Is so constructed or in such condition as to be dangerous.
2. Is infested with pests or is unsanitary.
3. Is unfit for use if it is a dwelling or habitation.
4. Is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of 1,000 feet (304.8 m) from the proposed site.
5. Is prohibited for the proposed use by the City land use ordinance.
6. Is of a type prohibited at the proposed location by this or any other law or ordinance.
7. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the district within a radius of 1,000 feet (304.8 m) from the proposed site so that its relocation would be detrimental to the property or improvements in said district.
6809 – CONDITIONS OF PERMIT
In granting any relocation building permit, the Building Official may impose such terms and conditions, as he or she deems reasonable and proper. These terms and conditions shall include, but are not limited to, compliance with provisions of this code for new buildings or structures to the extent that is reasonable and practical; the period of time required to complete all work; and the requirement of changes, alterations, additions or repairs to be made to or upon the building or structures to ensure that the relocation will not be materially detrimental or injurious to public safety, public welfare, to the property and improvements, in the district, as limited herein, to which it is to be relocated.
6810 – UNFINISHED RELOCATED BUILDINGS OR STRUCTURES
Where the work required to be done pursuant to the terms and conditions of a relocation building permit has not been performed within the period of time allowed by such permit, or within the extension of time granted thereto in writing by the Building Official, the building or structure shall be deemed and is hereby found to be substandard. The nuisance shall be abated in accordance with provisions of the Housing or Abatement of Dangerous Buildings or city nuisance abatement codes as appropriate.
(Ord. 1342 § 2, 2008; Ord. U-1342 § 2, 2007)
8.04.265 Chapter 70, Excavation and Grading.
A new Chapter 70, Excavation and Grading, is adopted as the excavation and grading provisions of the Palmdale Building Code to read and to be cited as follows:
CHAPER 70 EXCAVATION AND GRADING
SECTION 7001 – SCOPE
This chapter sets forth regulations for the control of excavation, grading, and earthwork construction, including fills or embankments, and for the control of grading site runoff, including erosion, sediments and construction related pollutants. These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved. The Building Official shall approve such an alternate provided he or she finds that the alternate, for the purpose intended, is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, durability and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.
SECTION 7002 – DEFINITIONS
For the purpose of this chapter certain terms are defined as follows:
APPROVAL shall mean the proposed work or completed work conforms to this code in the opinion of the Building Official.
AS-GRADED is the extent of surface conditions on completion of grading.
BEDROCK is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel and/or soil.
BENCH is a relatively level step excavated into firm earth material on which fill is to be placed.
BEST MANAGEMENT PRACTICE (BMP) is a storm water pollution mitigation measure that is required to be employed in order to comply with the requirements of the NPDES permit issued to the City of Palmdale.
BORROW is earth material acquired from an off-site location for use in grading.
CIVIL ENGINEER shall mean a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California.
DESIGN ENGINEER shall mean the civil engineer responsible for the preparation of the plans for the grading work.
DESILTING BASINS are physical structures constructed for the removal of sediments from surface water runoff.
EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.
ENGINEERING GEOLOGIST. See “geologist.”
ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION is the displacement of soil by the action of wind or water.
EXCAVATION is the mechanical removal of earth material.
FIELD ENGINEER shall mean the civil engineer responsible for performing the functions as set forth in Section 7021.
FILL shall mean deposits of soil, rock or other similar irreducible materials placed by humans.
GEOLOGIST shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
GRADE is the vertical location of the ground surface.
EXISTING GRADE is the grade prior to grading.
FINISH GRADE is the final grade of the site that conforms to the approved plan.
FUGITIVE DUST shall mean any solid particulate matter that becomes airborne directly or indirectly as a result of the activities of man.
GRADING shall mean any excavation or fill or combination thereof.
KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of the proposed fill slope.
LANDSCAPE ARCHITECT shall mean a person who holds a certificate to practice landscape architecture in the State of California under the landscape architecture provisions of Division 3, Chapter 3.5, of the Business and Professions Code.
LINE shall refer to horizontal location of the ground surface.
NATURAL GRADE is the vertical location of the ground surface prior to any excavation or fill.
ROUGH GRADE is the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design.
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed.
SLOPE is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOILS ENGINEER is a civil engineer experienced in soil mechanics who investigates and reports on the stability of existing or proposed slopes, controls the installation and compaction of fills, recommends soil-bearing values, and provides design criteria and calculations for special earth structures such as buttress fills. It is not the intent of this definition or this chapter to require that the civil engineer be authorized by the state to use the title “soils engineer.”
SURFACE DRAINAGE shall refer to flows over the ground surface.
SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.
STORM DRAIN SYSTEM is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches and man-made channels, designed or used for collecting or conveying storm water.
STORM WATER MANAGEMENT PLAN is a site drawing with details, notes, and related documents that identify the measures taken by the permittee to (1) control erosion and prevent sediment and construction-related pollutants from being carried off-site by storm water and (2) prevent non storm water discharges from entering the storm drain system.
TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
SECTION 7003 – GRADING PERMITS
7003.1 Permits Required. A person shall not perform any grading without first obtaining grading permits to do so from the City Engineer. A separate permit shall be obtained for each site.
EXCEPTION: A grading permit shall not be required for:
1. An excavation which is less than 3 feet (914 mm) in depth below the existing ground surface, measured vertically downward from natural grade to the deepest point of the excavation.
2. A fill which is not intended to support structures and which does not obstruct a drainage course if such fill (a) is placed on natural grade that has a slope not steeper than five horizontal to one vertical and is less than 1 foot (305 mm) deep, or (b) is less than 3 feet (914 mm) in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill, and does not exceed 50 cubic yards (38.2 m3), or (c) does not exceed 20 cubic yards (15.3 m3) on any one lot.
3. An excavation below finish grade for basements and footings of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities.
4. Grading within property dedicated or used for cemetery purposes where such grading is more than 100 feet (30,480 mm) from the property line and is not intended to support structures. No permit shall be required for the excavation or filling of graves at any location within such property.
5. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel aggregate or clay, where established and provided for by law, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property.
6. Grading in an isolated, self-contained area if the Building Official finds that no danger to private or public property can now or hereafter result from the grading operations.
7. The depositing of rubbish or other material at any refuse-disposal facility operated under a permit granted according to the terms of Division 4, entitled “Solid Waste,” of Title 20 of the Los Angeles County Code.
8. An excavation or fill in connection with the making of an earth fill dam, reservoir or levee when other laws, statutes or ordinances regulate the quality of such work.
9. An excavation, fill, and/or measures approved by the Soil Conservation District or cooperative agency of the Department of Agriculture.
10. An excavation or fill for road or slope purposes and shown on plans that are approved by the Department of Public Works as being necessary for the support, construction or maintenance of a public road.
11. Exploratory excavations under the direction of soils engineers or engineering geologists.
12. Grading for an oil and/or gas drilling site which is located in an existing oil field as designated by the State Division of Oil and Gas and is 1,000 feet (304.8 m) from a public highway and 500 feet (152.4 m) from the nearest residence. The proposed grading must not result in the deposition of silt and debris onto downstream property.
7003.2 Unpermitted Grading.
A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) having first been obtained from the City Engineer, pursuant to Subsection 7003.1, supra.
7003.3 Availability of Permit at Site.
No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit is in the possession of a responsible person and is available at the site.
SECTION 7004 – APPLICATION TO EXISTING GRADING
7004.1 Hazardous Conditions.
Whenever the Building Official or City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall, within the period specified therein, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
7004.2 Maintenance of Protective Devices and Rodent Control.
The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control, when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.
7004.3 Correlation with Other Sections.
The provisions of this section are independent of this code relating to building and property rehabilitation.
This section may be invoked even though the same facts have been used to determine that there is a substandard property that is subject to said code.
SECTION 7005 – GRADING PERMIT REQUIREMENTS
7005.1 Application.
To obtain a grading permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
1. Describe the land on which the proposed work is to be performed by lot, block, tract, and by a street address or by similar description sufficient to readily identify and definitely locate the site.
2. State the name and address of the owner of said land, the person who is to perform the work, and the field engineer if such work is to be performed as engineered grading.
3. Be accompanied by plans, specifications and calculations as may be required by Section 7005.2.
4. State the volume of the material to be handled.
5. Be signed by the applicant or authorized agent, who may be required to submit evidence of such authority.
6. Give such other information as reasonably may be required by the Building Official.
7005.2 Plans and Specifications.
With each application for a grading permit and when required by the City Engineer for enforcement of any provisions of this code, three sets of plans and specifications shall be submitted. Except as waived by the City Engineer, the plans shall be prepared and signed by a civil engineer and shall show the following:
1. A vicinity sketch or other means of adequately indicating the site location.
2. Boundary lines of the property on which the work is to be performed.
3. Each lot or parcel of land into which the site is proposed to be divided.
4. All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land.
5. Location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which are within 15 feet (4572 mm) of the property line.
6. Accurate contours showing the topography of the existing ground.
7. Elevations, location, extent and slope of all proposed grading shown by contours, cross sections or other means and location of any rock disposal area buttress fills or other special features, if such are proposed to be included in the work.
8. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site.
9. A statement of the estimated starting and completion dates for work covered by the permit.
10. A statement signed by the owner acknowledging that a field engineer, geotechnical engineer and engineering geologist, when appropriate, will be employed to perform the services required by this code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed. These acknowledgments shall be on a form furnished by the Building Official.
11. The recommendations in the soil engineering and engineering geology reports shall be incorporated in the grading plans.
12. Detailed plans of all drainage-devices, walls, cribbing or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. Suitable access shall be provided to permit proper cleaning and maintenance.
13. Storm water provisions are required to be shown on the plan in accordance with the requirement of Section 106.4.3 of the code. See Section 7013 for specific requirements.
14. Any additional plans, drawings or calculations deemed necessary by the Building Official to show conformance of the proposed work with the requirements of this code or related ordinances.
15. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage. The dates of the soils engineering and/or engineering geology (geotechnical) reports together with the names, addresses and telephone numbers of the firms or individuals who are in responsible charge of preparing the reports.
Fees. Grading permit and plan checking fees shall be as specified in the City of Palmdale Fee Ordinance.
7005.4 Engineering Geological Reports.
The City Engineer or Building Official may require an engineering geological investigation and report, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.
7005.5 Soil Reports.
The City Engineer or Building Official may require a soils investigation and report based on the most recent grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils and recommendations for grading procedures and design criteria for corrective measures, if required.
7005.6 Review of Reports.
All reports shall conform with the requirements of Chapter 1 of this code and shall be subject to review by the City Engineer or Building Official. Supplemental reports and data may be required as the City Engineer or Building Official deems necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
7005.7 Preplan Check Site Inspection.
When the City Engineer or Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction, a site inspection shall be made prior to plan check of grading plans.
7005.8 Landscape Permits.
Whenever a landscape permit is required as part of a grading project, the grading, irrigation and landscape plans shall be coordinated between the design engineer and landscape architect. The landscape plans shall be based on the most recent grading plan. Should there be any final elevation differences between the two plans, the elevations shown on the grading plans shall govern.
SECTION 7006 – PERMIT LIMITATIONS AND CONDITIONS
7006.1 General Conditions.
The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the grading plans and specifications approved by the Building Official.
7006.2 Jurisdictions of Other Agencies.
Permits issued under the provisions of this code shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of the governing agencies.
7006.3 Conditions of Approval.
In granting any permit under this code, the Building Official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to bring it up to the standards of this code.
2. Requirements for fencing of excavations or fills that would otherwise be hazardous.
3. Fugitive dust control measures. See Section 7013 for specific requirements.
Modification of Approved Plans. Any modifications of or changes in the approved grading plans must be approved by the City Engineer. Modifications which affect basic tract design or land use must have the approval of the appropriate control agency.
Special Permit. Agricultural or Road Grading. Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the City Engineer may issue a special permit therefor and modify the requirements of this chapter when he or she finds:
1. The site of the proposed work has an area of not less than 10 acres (4.05 ha).
2. The work will be reasonably safe for the intended use and will not result in a hazard to adjoining property or existing structures.
3. Adequate provision will be made for drainage and erosion control.
SECTION 7007 – DENIAL OF PERMIT
7007.1 Hazards.
The City Engineer shall not issue a grading permit in any case where he or she finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property, result in the deposition of debris on any public way, interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer may issue the permit with the condition that such work be performed.
7007.2 Land Use.
The City Engineer shall not issue a grading permit for work on a site unless the proposed uses shown on the grading plan for the site will comply with the City of Palmdale Zoning Ordinance.
SECTION 7008 – SECURITY
7008.1 Security Required.
A permit shall not be issued for grading unless the owner shall first post with the City Engineer security in one of the following forms:
1. A bond furnished by a corporate surety authorized to do business in this state.
2. A cash bond.
3. An instrument of credit from a financial institution subject to regulation by the state or federal government and pledging that the funds necessary to carry out the grading are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.
Security required by this section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the City Engineer.
The City Engineer may waive the requirements for a security for:
1. Grading being done by or for a governmental agency.
2. Grading necessary to remove a geological hazard, where such work is covered by an agreement and security.
3. Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties.
7008.2 Amount of Security.
The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geological hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as 100 percent of the estimated cost, regardless of the cubic yardage. When the rough grading has been completed in conformance with the requirements of this code, the City Engineer may at his or her discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official.
7008.3 Conditions.
All security shall include the conditions that the principal shall:
1. Comply with all of the provisions of the code, applicable laws, and ordinances.
2. Comply with all of the terms and conditions of the grading permit.
3. Complete all of the work authorized by the permit.
7008.4 Term of Security.
The term of each security shall begin upon the filing thereof with the City Engineer and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.
Default Procedures. In the event the owner or the owner’s agent fails to complete the work or fails to comply with all terms and conditions of the grading permit, it shall be deemed that a default has occurred. The City Engineer shall give notice thereof to the principal and security or financial institution on the grading permit security, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this code. The surety or financial institution executing the security shall continue to be firmly bound under an obligation up to the full amount of the security for the payment of all necessary costs and expenses that may be incurred by the City Engineer in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment.
Right of Entry. The City Engineer or Building Official or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the Building Official, or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work. The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises of any authorized representative of the surety or financial institution or of the City of Palmdale engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
SECTION 7009 – SAFETY PRECAUTIONS
If at any stage of the work the City Engineer determines by inspection that further grading as authorized is likely to endanger any public or private property, result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer or Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The Building Official may authorize the work to proceed if the Building Official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction thereof as specified in Section 7004 of this code. If the City Engineer or Building Official finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, the Building Official may order the work stopped until a revised grading plan which includes provisions for such existing conditions has been submitted and approved.
SECTION 7010 – STORM WATER MANAGEMENT PLAN (EROSION CONTROL)
No grading permit shall be issued for work to be commenced between October 1 of any year and April 15 of the following calendar year, unless the plans for such work include a storm water management plan with details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding or the deposition of mud, debris or construction-related pollutants which may originate from the site or result from such grading operation.
If grading has been started prior to November 1, all protective measures shall be installed prior to November 1. If grading is started on or after November 1, all protective measures shall be installed before grading begins. As grading progresses, all protective measures shall be maintained in good working order to the satisfaction of the Building Official until April 15 of the following year, unless final grading approval has been granted by the Building Official prior to that date and all permanent drainage and erosion-control systems, if required, are in place.
SECTION 7011 – STORM DAMAGE PRECAUTIONS, INCOMPLETE WORK
Where a grading permit is issued and the work is commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in Section 7010, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1, then on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official revised plans which include details of the protective measures described in and in all other respects follow the provisions of Section 7010. The revised plans required by this section shall be accompanied by an application for plan check services and plan check fees equal in amount to 10 percent of the original grading permit fee.
SECTION 7012 – STORM WATER MANAGEMENT PLAN (EROSION CONTROL), EFFECT OF NONCOMPLIANCE
Should the owner fail to submit the plans or fail to provide the protective measures required by Section 7010 or 7011 by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon, the City Engineer may enter the property for the purpose of installing, by city forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the City Engineer may deem necessary to protect adjoining property from storm damage, or the Building Official may cause the owner of the site to be prosecuted as a violator of this code or the Building Official may take both actions. The City Engineer shall have the authority to collect the penalties imposed by Section 7012 upon determining that the site is not in compliance with the requirements of this section. Payment of penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work.
In addition to the above actions, the following penalties shall be imposed:
1. If a designed erosion-control plan is not submitted as prescribed in Section 7011:
|
Grading Permit Volume |
Penalty |
|
1 – 10,000 cubic yards (1 – 7,645.5 m3) |
$50.00 per day |
|
10,001 – 100,000 cubic yards (7,646.3 – 76,455 m3) |
$250.00 per day |
2. If protective devices for erosion control are not installed as prescribed in Section 7010 and approved by the Building Official:
|
Grading Permit Volume |
Penalty |
|
1 – 10,000 cubic yards (1 – 7,645.5 m3) |
$100.00 per day |
|
10,001 – 100,000 cubic yards (7,646.3 – 76,455 m3) |
$500.00 per day |
|
More than 100,000 cubic yards (76,455 m3) |
$1,000.00 per day |
7012.1 Costs and Penalties.
If not paid within 30 days from the date of the notice, the penalties imposed by Section 7012 shall become a special assessment against the property.
7012.2 Notice of Violation.
7012.2.1 General.
The City Engineer or Building Official may record a notice of violation with the county recorder’s office when a property is in violation of Section 7010 of this code. Recordation of such notice shall be subject to the provisions of Sections 7012.2.2 and 7012.2.3. The remedy provided by this section is cumulative to any other enforcement action permitted by this code.
7012.2.2 Recordation.
If (1) the City Engineer or Building Official determines that any property is in violation of Section 7010 of this code; and if (2) the City Engineer or Building Official gives written notice as specified below of said violation; and if (3) within 30 days of said notice, the property is not brought into compliance with this code, the City Engineer or Building Official may, at his or her sole discretion, at any time thereafter, record with the county recorder’s office a notice that the property is in violation of this code.
Contents of Notice. The written notice given pursuant to this section shall indicate:
1. The nature of the violation(s); and
2. Notice that if the violation is not remedied to the satisfaction of the City Engineer or Building Official within 30 days, the City Engineer or Building Official may, at any time thereafter, record with the county recorder’s office a notice that the property is in violation of this code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized county assessment roll. The mailed notice may be sent by registered, certified or first class mail.
7012.2A Rescission.
Any person who desires to have recorded a notice rescinding the notice of violation may present evidence of compliance and payment of penalty fees and costs to the Building Official. The costs incurred by the City Engineer or Building Official in the investigation of such violations and the processing of the notice and notification of concerned parties shall be as specified in Table 99-A, and inspection costs shall be as specified in Section 107.9. If the Building Official determines that such fees have been paid and such costs have been recovered by the city, or that such fees and costs have been placed on the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, the City Engineer or Building Official shall record a notice rescinding the prior notice of violation.
SECTION 7013 – RESPONSIBILITY OF PERMITTEE
7013.1 Compliance with Plans and Code.
The permittee or the permittee’s agent shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code.
7013.2 Coordinator.
The permittee shall act as the coordinator between the consultants, contractor and City Engineer. The permittee shall present to the City Engineer the names of all consultants prior to obtaining a grading permit. In the event of changed conditions, the permittee shall be responsible for informing the City Engineer of such change and shall provide revised plans and reports for approval. All slope planting shall also be subject to the requirements of City of Palmdale Landscape Ordinance. If a landscape permit is not required, the slope planting shall be a part of the grading permit. If the slope planting is within an area in which a landscape permit is required under City of Palmdale Landscape Ordinance, all slope planting shall also meet the requirements of this chapter and shall be a part of the landscape permit.
7013.3 Inspections.
It shall be the responsibility of the permittee to notify the City Engineer when the work is ready for the inspections required by Section 7020. The notification shall be at least one working day in advance of the inspection.
7013.4 Protection of Utilities.
The permittee shall be responsible for the prevention of damage to any public utilities or services.
7013.5 Protection of Adjacent Property.
The permittee is responsible for the prevention of damage to adjacent property, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. Special precautions shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.
7013.6 Storm Water Control Measures.
The permittee shall put into effect and maintain all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the City of Palmdale. Such measures are precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding and deposition of mud, debris, and construction-related pollutants.
7013.7 Termination of Consultants.
The permittee shall notify the City Engineer within 48 hours if any consultant resigns or is terminated.
7013.8 Best Management Practices.
The permittee shall maintain the site in such a manner as to minimize the impacts of storm water and construction-related pollutants due to the grading and related construction activities on adjacent public and private property and drainage courses. The required best management practices shall include, but not be limited to, those identified in this section.
7013.8.1
All equipment used for grading and related activities shall be stored, serviced and refueled in a designated area specifically designed to prevent waste oils, fuels, solvents and other pollutants from contaminating the soil or being conveyed by storm water.
7013.8.2