HomeMy Public PortalAboutOrd 1161ORDINANCE NO. 1161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, AMENDING CHAPTER 15.04 "CALIFORNIA BUILDING CODE, 2016
EDITION" OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE RANCHO
MIRAGE MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING CODE
WHEREAS, the City of Rancho Mirage ("City") is a charter city and a political
subdivision of the State of California; and
WHEREAS, the State of California adopted and approved the 2019 edition of the
California Building Standards Code (BSC), which is published in Title 24 of the California
Code of Regulations and includes the 2019 California Building Code which is based on the
latest national and international model building codes; and
WHEREAS, the BSC shall become effective on January 1, 2020; and
WHEREAS, the City wishes to adopt the 2019 edition of the California Building Code,
as set forth in Part 2 of the BSC, along with local amendments; and
WHEREAS, Government Code section 50022.2 authorizes cities to enact ordinances
adopting any code by reference; and
WHEREAS, pursuant to California Health & Safety Code sections 17958.7 and
18941.5(b), the City is permitted to adopt amendments to the BSC provided the
amendments are more restrictive than the State-adopted standards and are supported by
findings of the City Council that the amendments are necessary due to local climatic,
topographical or geological conditions; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider
adoption of, and amendments to, the 2019 California Building Code, as set forth in Part 2 of
the BSC, which amendments were proposed by the City's Building Official as more stringent
than the standards established by the BSC and reasonably necessary to protect the health,
welfare and safety of the citizens of Rancho Mirage because of local climatic and geological
conditions; and
WHEREAS, as detailed in Section 2 of this Ordinance, the City Council finds that the
amendments recommended by the Building Official were reasonably necessary to protect
the health, safety and welfare of the citizens of Rancho Mirage because of local climatic,
topographical, and geological conditions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
1
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set
forth herein.
Section 2. FINDINGS
That the City Council hereby adopts the following findings:
I. Climatic Conditions:
A. The City of Rancho Mirage located in Riverside County is located in
Southern California and covers a vast and varied geographic area. The
base climate in western Riverside County consists of semi-arid
Mediterranean weather patterns. Eastern Riverside County is a desert
area with Mohave Desert temperatures and weather patterns. Those
two primary areas are divided by the San Bernardino Mountain Range.
Both areas outside of the mountain terrain annually experience
extended periods of high temperatures with little or no precipitation . Hot,
dry winds, which may reach speeds of 70 M.P.H. or greater, are
common to the area. Examples are: Santa Ana/ Foehn winds, afternoon
surface-heating generated winds, and prevailing desert winds .
These climatic conditions cause extreme drying of vegetation and
common building materials . Frequent periods of drought and low
humidity add to the fire danger. This predisposes the area to large
destructive fires (conflagration) which necessitates rapid identification,
locating and extinguishment of all fires in the smallest stage possible.
In addition to directly damaging or destroying buildings, these fires are
also prone to disrupt utility services throughout the County. Obstacles
generated by a strong wind, such as fallen trees, street lights and utility
poles, will greatly impact the response time to reach an incident scene.
During these winds, the inability to use aerial type firefighting apparatus
would further decrease our ability to stop fires in large buildings and
place rescue personnel at increased risk of injury.
B. Although Riverside County and the City of Rancho Mirage occasionally
experience periods of significant drought, the County can also
experience periods of substantial rainfall. Annual rainfall varying from
three (3) inches in Blythe to over thirty three (33) inches in Pine Cove .
When Riverside County does experience heavy rain, or rain over a
period of days or weeks, many areas of the County are subject to
flooding. Runoff from rain drains either naturally into rivers, washes, and
creeks or into flood control facilities. Flash flooding is also a common
problem, especially in the Coachella Valley and the easterly portions of
the County . Flash flooding is typically associated with short duration,
high intensity precipitation events often associated with summer
thunderstorms. Such events can occur even during a drought.
2
C. Water demand in densely populated Southern California far exceeds
the quantity supplied by natural precipitation; and although the
population continues to grow, the already-taxed water supply does not.
California is projected to increase in population by nearly 10 million over
the next quarter of a century with 50 percent of that growth centered in
Southern California. Due to storage capacities and consumption, and a
limited amount of rainfall future water allocation is not fully dependable.
This necessitates the need for additional and on-site fire protection
features. It would also leave tall buildings vulnerable to uncontrolled
fires due to a lack of available water and an inability to pump sufficient
quantities of available water to floors in a fire.
D. These dry climatic conditions and winds contribute to the rapid spread
of even small fires originating in high -de nsity housing or vegetation .
These fires spread very quickly and create a need for increased levels
of fire protection. The added protection of fire sprinkler systems and
other fire protection features such as identification and notification will
supplement normal fire department response by providing immediate
protection for the building occupants and by containing and controlling
the fire spread to the area of origin. Fire sprinkler systems will also
reduce the use of water for firefighting by as much as 50 to 75 percent.
Section 3. AMENDMENT TO CHAPTER 15.04 OF TITLE 15 OF THE RANCHO
MIRAGE MUNICIPAL CODE
Chapter 15.04 "California Building Code, 2016 Edition" of Title 15 "Buildings and
Construction" of the Rancho Mirage Municipal Code is hereby amended to read entirely as
follows:
Chapter 15.04 CALIFORNIA BUILDING CODE, 2019201-6 EDITION
15.04.010 California Building Code adopted with amendments.
A. Except for the local amendments set forth herein, there is adopted by reference the
California Building Code 2019201-6 Edition, which is based upon the 2015
International Building Code and is published by the California Building Standards
Commission as Part 2 of Title 24 of the California Code of Regulations. A copy of the
Code together with the local amendments is on file with the division of building and
safety.
B. The California Building Code, 2019201-6 Edition (hereinafter "Building Code") shall be
the building code for the city and said Code together with the adopted appendices
and the amendments set forth in this chapter shall regulate and govern the conditions
and maintenance of all property, buildings and structures within the city by providing
the standards for supplied utilities and facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use and providing for the condemnation and demolition of buildings and
3
structures that are unfit for human occupancy and use, and the issuance of permits
and collection of permit fees.
15.04.020 Modifications, amendments and deletions to the Building Code.
A. Section 903.2 of Chapter 9 of the Building Code is modified by adding, deleting and
amending the following provisions to provide more stringent fire protection
requirements than required by the state which are necessary for the protection of the
public's health, welfare and safety:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A -
1 occupancies where one of the following conditions exists:
1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not
be considered for reducing the fire area of the building for the purposes
of this section.
The other provisions of Section 903 .2.1.1 remain the same)
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-
2 occupancies where one of the following conditions exists:
1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not
be considered for reducing the fire area of the building for the purposes
of this section.
The other provisions of Section 903.2.1.2 remain the same)
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-
3 occupancies where one of the following conditions exists:
1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not
be considered for reducing the fire area of the building for the purposes
of this section .
The other provisions of Section 903 .2.1.3 remain the same)
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A -
4 occupancies where one of the following conditions exists:
1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not
be considered for reducing the fire area of the building for the purposes
of this section.
The other provisions of Section 903.2.1.4 remain the same)
4
903.2.3 Group E. An approved automatic fire sprinkler system shall be provided for
Group E occupancies as follows:
1. Throughout all Group E fire areas greater than 3,000 square feet. Fire
resistive walls shall not be considered for reducing the fire area of the
building for the purposes of this section.
The other provisions of Section 903.2.3 remain the same)
903.2.4 Group F. An approved automatic fire sprinkler system shall be provided
throughout all buildings used for Group F-1 and F-2 occupancies where one of the
following conditions exists:
1. Where a Group F fire area exceeds 3,000 square feet, regardless of
stories. Fire resistive walls shall not be considered for reducing the
gross floor area of the building for the purposes of this section.
3. Where the combined area of all Group F fire areas on all floors,
including any mezzanines, exceeds 3,000 square feet.
The other provisions of Section 903.2.4 remain same)
903 .2.4.1 Woodworking operations. (No amendments are made to this section)
903.2.5 Group H. (No amendments are made to this section)
903.2.6 Group I. (No amendments are made to this section)
903.2.7 Group M. An automatic fire sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following conditions
exist:
1. Where a Group M fire area exceeds 3,000 square feet, regardless of
stories. Fire resistive walls shall not be considered for reducing the
gross floor area of the building for the purposes of this section.
3 . Where the combined area of all Group M fire areas on all floors,
including any mezzanines, exceeds 3,000 square feet.
4. Where a group M occupancy used for the display and sale of
upholstered furniture or mattresses exceeds 3,000 square feet.
The other provisions of Section 903.2.7 remain the same)
903.2.7.1 High-piled storage. (No amendments are made to this section)
5
903.2.9 Group S-1. An automatic fire sprinkler system shall be provided throughout
all buildings containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 3,000 square feet, regardless of stories.
Fire resistive walls shall not be considered for reducing the gross floor
area of the building for the purposes of this section.
3. The combined area of all Group S-1 fire areas on all floors, including
any mezzanines, exceeds 3,000 square feet.
The other provisions of Section 903.2.9 remain the same)
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided
throughout all buildings used as repair garages in accordance with Section 406,
where the fire area containing a repair garage exceeds 3,000 square feet or where
the vehicles serviced are parked in the basement.
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout
buildings classified as enclosed parking garages in accordance with Section 406.6 of
the California Building Code as follows:
1. Where the fire area of the enclosed parking garage exceeds 3,000
square feet.
The other provisions of Section 903.2 .10 remain the same)
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be
provided throughout buildings used for storage of commercial trucks or buses where
the fire area exceeds 3,000 square feet.
B. No amendments are made to Sections 903 .2 .11 through 903 .2.17 .
C. The following Section 903.2.18.1 is added to Section 903.2 of the Building Code to
provide a more stringent fire protection requirement than required by the state which
are necessary for the protection of the public's health, welfare and safety:
903.2.18.1 Group U. An automatic sprinkler system shall be provided for Group U
occupancies where the fire area exceeds 3,000 square feet. Fire resistive walls shall
not be considered for reducing the gross floor area of the building for the purposes of
this section.
D. No amendments are made to Section 903.2.19 through 903 .2.20
E. The following Section 903 .2.21 is added to Section 903.2 of the Building Code to
provide more stringent fire protection requirements than required by the state which
are necessary for the protection of the public 's health, welfare and safety:
6
903.2.21 Group B. An automatic sprinkler system shall be provided for Group B
occupancies where one of the following conditions exists:
1. The fire area exceeds 3,000 square feet. Fire resistive walls shall not
be considered for reducing the gross floor area of the building for the
purposes of this section.
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on a floor other than the level of exit discharge.
15.04.030 Adoption, modifications, amendments and deletions to Chapter 1 of the Building
Code.
A. Except as otherwise provided in this Chapter, the California Building Code,
Title 24, California Code of Regulations, Part 2, Volume 1, Chapter 1, Division
II, "Scope and Administration," including any and all amendments thereto that
may hereafter be made and adopted by the State of California, is hereby
adopted as the Administrative Code of the City. This administrative chapter
shall apply to all codes listed in this title.
A. There is adopted by reference and with the foUov.ting additions, deletions and
amendments, Chapter 1, Division II Scope and Administration, which is a part
of the Building Code:
1. Sect ion 101.1 is deleted in its entirety.
2. Section 101.5 is added to define the term "Holiday" and shall read as follows:
101.5 Holidays. "Holiday" as used in the Building Code shall mean New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and
Christmas.
3. Section 102.2 is amended to read as follows:
102.2 Other laws. The provisions of this code shall not be deemed to nullify
any provisions of local, state or federal law. In the event of discrepancies
between this chapter and Chapter 1, General Code Provision, the latter shall
take precedence.
4. Section 103.1 is amended to read as follows:
103.1 Creation of enforcement agency. There is established within the City,
a division of the Administrative Services Department to be known as the
Building and Safety Division" which shall be under the administrative and
operational control of the City Building Official hereinafter referred to as the
building official.
7
5. Section 105.2 is amended by adding a new exemption to the list of structures
for which a permit shall not be required:
14. Masonry freestanding block walls not over 30" above grade.
The other provisions of Section 105.2 remain the same)
6. Section 105.5 is amended to read as follows:
105.5 Expiration. Every permit issued shall become invalid unless the work
on the site authorized by such permit is commenced within 180 days after
its issuance, or if the work authorized on the site by such permit is
suspended or abandoned for a period of 180 days after the time the work
is commenced. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not more than180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
Exception: For residential occupancies a permit shall remain valid for the
purposes of this part if the work on the site authorized by that permit is
commenced within 12 months after its issuance, unless the permittee
has abandoned the work authorized by the permit.
7.6. Section 109.1 is amended to read as follows:
109.1 Payment of fees. On buildings, structures, electrical, gas, mechanical,
and plumbing systems or alterations requiring a permit under this Building
Code, a fee for each permit shall be paid as required, in accordance with the
fees set forth in the City of Rancho Mirage Master Fee Schedule. Building
Permit Fee Table 3A of the California Building Code, 1991 Edition, a copy
of which is on file with the Division of Building and Safety.
8+. Section 113.4 is added to· provide for the filing of appeals and shall read as
follows:
113.4 Filing of appeals. All appeals shall be made in writing and shall specify
the order, decision or determination made by the building official which is being
appealed and wherein the building official erred in making the order, decision
or determination. The appeal shall be accompanied by a fee as established by
the City Council. If, after reviewing the information submitted, the building
official determines the appeal does not merit a change in his or her order,
decision, or determination, the building official shall schedule a hearing by the
Appeals Board and the appellant shall be notified in writing of the date and
time of the hearing.
98. Section 114 is amended to read as follows:
Section 114 VIOLATIONS.
8
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation
to erect, construct, alter, extend, repair, move, remove, demolish or occupy
any building, structure or equipment regulated by this code, or to cause the
same to be done, in conflict with or in violation of any provisions of this code.
It shall be unlawful for any person to erect, construct, alter or repair a building
or structure in violation of the approved construction documents or directive of
the building official or of a permit or certificate issued under the provisions of
this code .
114.2 Public nuisance; Abatement. Any violation of this Building Code,
including the adopted appendices, is a public nuisance and whish results
in a publiG nuisanee puFsuant to Chapter 14.60 of the City's Munieipal
Cede may be abated in accordance with Title 14 of the City's Municipal Code.
114.3 Penalties. Any person who violates a provision of this Building Code,
including the adopted appendices, or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or
structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of
this Building Code shall be guilty of an infraction violation, and the violator shall
be subject to the provisions set forth in Chapter 14.100 (Infractions) of the
City's Municipal Code, including , but not limited to, the imposition of any and
all civil and criminal penalties set forth therein.
109. Section 116 is amended to read as follows:
Section 116 UNSAFE STRUCTURES AND EQUIPMENT.
116.1 Conditions. Structures or existing equipment that are or hereafter
become unsafe, unsanitary or deficient because of inadequate means of
egress facilities, inadequate light and ventilation, or which constitute a fire
hazard, or are otherwise dangerous to human life or the public welfare, or that
involve illegal or improper occupancy or inadequate maintenance shall be
deemed an unsafe condition.
116.1.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation
to maintain as unsafe structures or equipment regulated by this code, or cause
the same to be done in conflict with or in violation of any provisions of this
code.
1140. Section 117 is added to limit the hours of construction work and shall read as
follows:
Section 117 HOURS OF WORK.
117.1. Restricted hours; Construction work. Except as otherwise provided
herein, no person other than the person actually occupying any buildings to be
altered, repaired or improved, shall be engaged or employed, nor shall any
9
person cause any other person to be engaged or employed in any work of
construction, erection, alteration, repair, addition to or improvement of any
building, structure, road or improvement to realty, between the hours of seven
p.m. of each day and seven a.m. of the next succeeding day or on Sundays
and holidays, without written permission of the Building Official being first
obtained. The Building Official may grant permission to work during those
periods under appropriate circumstances after first having determined that
such work will not unduly or unreasonably interfere with the peaceful
enjoyment of property adjacent to such work.
117.2 Restricted hours; Landscape maintenance. Within gated
communities, shopping centers, commercial centers, vacant residential or
commercial parcels, or developed residential or commercial parcels,
landscape activities such as leaf blowing, tree trimming, re-seeding, or mowing
of grass as associated with the re-seeding process and any other landscaping
activities which generate unusual noise, are prohibited between the hours of
seven p.m. of each day and seven a.m. of the next succeeding day or on
Sundays or on holidays.
117.3 Restricted hours; Golf courses. In order to assure the excellence and
readiness of golf courses within the City, mowing and green preparation of golf
courses is permitted between 5:30a .m. and 7 p.m ., seven days per week and
during all seasons of the year.
124-1-. Section 118 is added to require removal and disposal of trash and debris at
building sites and shall read as follows:
Section 118 REMOVAL AND DISPOSAL OF TRASH AND DEBRIS.
118.1 Required removal. Any person to whom a building permit has been
issued shall keep the building site free and clear of trash and debris . As used
in this section, trash and debris shall include papers, cartons, bottles, cans,
garbage, roofing materials, plaster, concrete and other substances that may
accumulate as a result of construction activities .
118.2 Container. A trash container shall be located on every construction site
and shall remain in place until construction is completed. The container shall
be adequate in size to store the trash and debris generated on the building site
until it can be removed.
118.3 Disposal. Trash and debris shall be removed from the site and
transported to a legally established dump site either by the City's refuse
contractor or the permittee.
10
15 .04.040 Adoption of other appendices of the Building Code without amendments.
There is adopted by reference and without amendment, the following appendices to the
Building Code:
Appendix C : Group U-Agricultural Buildings.
Appendix 1: Patio Covers.
Section 4. TABLE OF FINDINGS SUPPORTING SPECIFIC AMENDMENTS TO
2019 CALIFORNIA BUILDING CODE
California Health and Safety Code Sections 17958 .7 and 18941.5 require that each
local amendment to the 2016 California Building Code be expressly marked and identified
as to the local finding upon which it is based. In accordance with the foregoing requirement,
the following table sets forth the 2016 California Building Code sections that have been
modified and the associated local climatic, geological and/or topographical findings
described in section 2 of this Ordinance which support the modification .
2019 BUILDING TITLE/SUBJECT FINDINGSCODESECTION
903 .2 .1.1 Group A-1
903.2.1 .2 Group A-2
903 .2.1 .3 Group A-3
903.2 .1.4 Group A-4
903 .2 .3 GroupE
903.2.4 Group F
903.2.7 Group M
903.2.9 Group S-1
903.2 .9 .1 Repair Garages
903.2 .10 Group S-2
903 .2 .10 .1 Commercial Parking Garages
903.2.20 Group U
903.2.21 Group 8
101.1 Title Administrative
101 .5 Holidays Administrative
102.2 Other laws Administrative
103 .1 Creation of enforcement agency Administrative
105 .2 Work exempt from permit Administrative
105.5 Expiration of Permits Administrative
109 .1 Payment of fees Administrative
113.4 Filing of appeals Administrative
114 Violations Administrative
116 Unsafe structures and equipment Administrative
117 Hours of work Administrative
118 Removal and disposal of trash and debris Administrative
11
Section 5. SEVERABILITY
That the City Council declares that, should any prov1s1on, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed.
Section 7. EFFECTIVE DATE
That this ordinance shall take effect on January 1, 2020.
Section 8. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the Rancho Mirage Municipal Code.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
12
THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council
held on November 21, 2019, by the following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CITY OF RANCHO MIRAGE
ATTEST:
R~
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
C..:,~:~ 'Ue-v~<:., k<fk~c...-\.r ;c-k1 \).,_~""\-"( C;+-y ~--t-4r:tJnA.J<-..... f
13
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby certify
under penalty of perjury, that the foregoing Ordinance No. 1161 was introduced by first
reading at a regular meeting of the City Council held on November 7, 2019, by the following
vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES : None.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1161 was adopted at a regular meeting of the City Council held
on November 21,2019 , by the following vote :
AYES : Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None .
ABSENT: None.
ABSTAIN: None.
I further certify that I have caused Ordinance No. 1161 to be posted and/or
published, as required by law (GC Sect. 36933).
14
Kristie Ramos
City Clerk