Cathedral City Municipal Code Ch. 8.04 California Building Code, 2022 Edition

Note: Prior ordinance history: Ord. 568.

A. Except for the local amendments set forth herein, there is adopted by reference the California Building Code, 2022 Edition, which is based upon the 2021 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 building and safety division.

B. The California Building Code, 2022 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 apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the city of Cathedral City.

(Ord. 646 § 4, 2007; Ord. 647 § 4, 2008; Ord. 698 § 4, 2010; Ord. 728 § 3, 2013; Ord. 782 § 3, 2016; Ord. 834 § 3, 2020; Ord. 866 § 3, 2022)

A. The following modifications, amendments and deletions are made to the Building Code:

1. Paragraph 2 of the Building portion of Section 105.2 is amended to reduce the height of fences which are exempt from permit requirements:

Building:

2. Paragraph 4 of Section 105.2 is deleted to remove the exemption from permit requirements for retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.

3. Section 105.3.2 is amended to read as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or two extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

If the applicant submits a request for extension after the expiration date, the applicant shall resubmit plans and pay a new plan review fee. The application shall be subject to any new adopted laws, ordinances and regulations that became effective since the original application date.

4. 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 12 months after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or without progress at time after the work is commenced for a period of 180 days. Progress shall further be defined as obtaining approval of one or more inspections required in accordance with Section 110 of this Code. Prior to a permit's expiration and upon a written request of the applicant demonstrating and identifying circumstances beyond its reasonable control preventing completion of the work authorized by the permit, the building official may grant, in writing, an extension of time, for a period not to exceed 180 days.

Where a permit has expired, a new permit shall be required, and the reactivation fee shall be 1/2 the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such expiration has not exceeded one year.

Exception: Permits related to code enforcement action may be set for expiration dates of less than 180 days and are subject to the discretion of the building official.

5. Add new Section 105.8, Permit issuance restrictions, to read as follows:

105.8 Permit issuance restrictions. Permits for electrical, mechanical, or plumbing work, on other than R-3 and associated U occupancies, shall only be issued to California licensed contractors.

6. Amend Section 107.5, Retention of construction documents, to read as follows:

107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 90 days from date of completion of the permitted work, or as required by state or local laws.

7. Section 113.1 is amended to provide for the creation of the board of appeals:

113.1 General. In order to determine the suitability of alternate materials and methods of construction governed by this Building Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of three to five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the City of Cathedral City. Members of the Board of Appeals shall be appointed by the City Council and shall serve without compensation. Each member shall serve on the Board of Appeals for a term of 4 years. A member may be dismissed at any time during his or her term by a majority vote of the City Council. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board of Appeals shall be administered by the Chief Building Official or his or her authorized representative. The Board of Appeals shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board of Appeals shall render all decisions and findings in writing with a duplicated copy to the applicant and may recommend to the City Council such new legislation as is consistent therewith.

8. Section 113.2 is amended to limit the authority of the board of appeals:

113.2 Limitations on authority. The Board of Appeals is created to hear an appeal based on a claim that the true intent of this code or the rules legally adopted have been incorrectly interpreted, the provisions of this code do not fully apply or to determine the suitability of alternate materials and methods of construction governed by this Building Code. The Board of Appeals shall have no authority to waive requirements of the Building Code.

9. Section 113.4 is added to provide for the filing of appeals:

113.4 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the Chief Building Official which is being appealed and wherein the Chief 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 Chief Building Official determines the appeal does not merit a change in his or her order, decision, or determination, the Chief 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.

10. Section 114 is amended to provide for the enforcement of the Building Code:

Section 114 VIOLATIONS

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 Chief 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, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 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 Chief 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 13.65 (Infraction Violations) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.

11. Section 116.1.1 is added to read as follows:

Section 116 UNSAFE STRUCTURES AND EQUIPMENT

116.1.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to maintain 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.

12. Section 117 is added to require removal and disposal of trash and debris at building sites:

Section 117 REMOVAL AND DISPOSAL OF TRASH AND DEBRIS

117.1 Trash containers. Trash container(s) shall be placed on each construction site and shall remain in place until construction is completed. Each trash container shall be constructed of solid wood, metal or wire mesh and shall be a minimum of three cubic yards in capacity. Should wire mesh be utilized as a material for a construction site trash container, said container shall be framed to adequately support the wire mesh. The floor and cover of a container that is constructed of wire mesh shall be properly framed to provide adequate strength and support to withstand design loads and prevent breakage. Further, the lid for said container shall be hinged with a latching device that adequately secures the lid to the container while the container is not in use in order to prevent the lid from being blown open and/or off the container. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at all times while not in use. When construction is being performed simultaneously on an adjoining lot by one owner or contractor, then both construction sites may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site. It shall be the contractor's responsibility to ensure that no container is located on or within any public right-of-way. It shall be the contractor's responsibility to ensure that all containers under his or her control are emptied of all deposited materials placed within said container(s) at least once every week. It shall be the contractor's responsibility to remove or cause to be removed all deposited materials within said container(s) as frequently as necessary to prevent overflowing of the container(s). A trash container shall be used at all times for storage of loose papers, cartons, bottles, cans, trash, and all other rubbish and debris. It shall be the contractor's responsibility to ensure that all individuals who are employed by him or her or act under his or her direction and control, observe and obey all regulations set forth herein.

117.2 Inspections. A permit holder shall not be entitled to and a building inspector shall not perform any inspections, including a final inspection, of any phase of completed construction work if the construction site or general area thereof contains an accumulation of construction rubbish and debris. In-the-event that a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee shall be paid to the City at the time of the request for re-inspection.

117.3 Definition. Rubbish and debris for the purpose of this section includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and other similar materials that result from the process of constructing a building or structure.

13. Section 502.1 is amended to read as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be 8 inches high for commercial and 4 inches high for residential with a minimum stroke width of 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

14. Section 901.1 is amended to read as follows:

902.1 Scope. The provisions of this chapter and Chapter 9 of the California Fire Code shall specify where fire protection and life safety systems are required and shall apply to the design, installation and operation of fire protection and life safety systems.

Where there is a conflict between this chapter and Chapter 9 of the California Fire Code, the California Fire Code, as adopted with modifications, amendments and deletions by the City, shall be applicable.

15. Section 1505.1 of Chapter 15 of the Building Code is amended by adding an additional exception to require the installation of clay or concrete tile roofs for all new buildings of Group R and associated Group U occupancies:

1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant- treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building.

Exception:

16. Section 1506.4 is added to Chapter 15 of the Building Code to provide that roofs of additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the chief building official:

1506.4 Additions and alterations. Roofs of additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the Chief Building Official.

17. Amend Section 3109.1, General, to read as follows:

3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the California Codes.

18. Add Section 3109.2.1, Drowning prevention safety features, to read as follows:

3109.2.1 Drowning prevention safety features. Under Section 115922, number (1) shall be required plus one of the other remaining six drowning prevention features. Where a wall of a group R, Division 3 occupancy (including attached garage) serves as part of the enclosure, numbers (4) or (5) shall be required as part of the enclosure.

Exception: Private pools and spas constructed within the fenced, gated and patrolled boundaries of a country club or similar fenced and gated residential development project are not required to be enclosed by a barrier, provided property complies with Section 115922(a).

(Ord. 646 § 4, 2007; Ord. 647 § 4, 2008; Ord. 653 § 2, 2008; Ord. 698 § 4, 2010; Ord. 728 § 3, 2013; Ord. 782 § 3, 2016; Ord. 834 § 3, 2020; Ord. 866 § 3, 2022)

There is adopted by reference and without amendment, the following appendices to the Building Code:

1. Appendix C: Agricultural Buildings.

2. Appendix I: Patio Covers.

3. Appendix J: Grading.

4. Appendix P: Emergency Housing.

(Ord. 646 § 4, 2007; Ord. 647 § 4, 2008; Ord. 698 § 4, 2010; Ord. 728 § 3, 2013; Ord. 782 § 3, 2016; Ord. 834 § 3, 2020; Ord. 866 § 3, 2022)