Chapter 8.04 ADOPTION OF HEALTH, SAFETY AND TECHNICAL CONSTRUCTION CODES

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.”

With this section, the City will amend the Municipal Code by adding and adopting County of Los Angeles Ordinance 2018-0037. This action serves to keep the City of Palmdale in compliance with the State Water Resources Control Board regulations and standards for on-site wastewater treatment systems. (Ord. 1515 § 1, 2019; 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.

Repealed by Ord. 1606. (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 administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code.

The following provisions are adopted as the administrative provisions and constitute Chapter 1 of the Palmdale Building Code, Palmdale Plumbing Code, Palmdale Mechanical Code, Palmdale Residential Code, Palmdale Existing Building Code, Palmdale Green Code and Article 89 of the Palmdale Electrical Code to read and to be cited as set forth herein below. The subsections are numbered to be consistent with the numbering of the codes adopted by reference.

CHAPTER 1 ADMINISTRATIVE PROVISIONS

SECTION 101 Titles, Purpose and Scope

101.1 Title. These regulations shall be known as the Palmdale Administrative provisions of the Palmdale building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, may be cited as such and will be referred to herein as the PAP.

101.2 Purpose and Intent.

The purpose of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code 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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code 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.

The PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, 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 the Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code provision and/or any provisions of the PAP. The adoption of the Palmdale Administrative provisions, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code 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 PAP shall apply to the construction, alteration, moving, demolition, repair, and use of any building or structure and grading for the Palmdale Building, plumbing, mechanical, Electrical, Residential and Green codes within the City and to such work or use by the City.

The provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code 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; hydraulic flood control structures; work exempted by; or minor work of negligible hazard to life specifically exempted by the Building Official.

101.3.1 Repairs, and Alterations

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 Chapter 34 of the Building Code. Where, in any specific case, different sections of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code 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.

In existing buildings or premises in which any installations are to be altered, repaired or renovated, deviations from the provisions of the PPC are permitted, provided such deviations are found to be necessary and are first approved by the Building Official. Any building may have its existing use, maintenance or repair continued when the Building Official determines that its use, maintenance or repair is in accordance with the original design and no hazard to the public health, safety or welfare has been created by such building or installation.

Existing plumbing and any drains may be used in connection with new buildings or new plumbing and drainage work only when they are found on examination and test to conform in all respects to the requirements governing new work, and the Building Official shall notify the owner to make any changes necessary to conform to the Palmdale Plumbing Code. No building or part thereof, shall be erected or placed over any part of a drainage system, which is constructed of materials other than those approved elsewhere in the PPC for use under or within a building. Existing building sewers and building drains may be used in connection with plumbing alterations or repairs if such sewers or drains have been properly maintained and were installed in accordance with the applicable laws in effect at the time of installation. Any plumbing system existing on January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if currently in good and safe condition and working properly.

All openings into a drainage, sewer or vent system, excepting those openings to which plumbing fixtures are properly connected or which constitute vent terminals, shall be permanently plugged or capped in an approved manner, using the appropriate materials required by this PPC.

101.3.2 Maintenance.

The owner or the owner’s agent shall maintain all buildings, plumbing, mechanical, electrical and drainage system of any premises under the jurisdiction of the Building Official in a safe and sanitary operating condition. Whenever it is brought to the attention of the Building Official that any construction or work regulated by this PPC is dangerous, unsafe, and unsanitary or a menace to life, health or property, or is in violation of any code, the Building Official shall have the authority to make an investigation.

The Building Official shall have the authority to order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof, or to repair, alter, change, remove or demolish same, as he, in his discretion, may consider necessary for the proper protection of life, health or property.

The Building Official shall have the authority to order any equipment found to be unsafe and a hazard to life and safety disconnected from the energy source that supplies the equipment. The Building Official shall attach a notice to the equipment stating the equipment shall not be reconnected until approved to do so by the Building Official.

101.3.3 Existing Construction.

No provision of the codes shall be deemed to require a change in any building system or any other work regulated by the PAP in or on an existing building or lot when such work was installed and is maintained in accordance with law in effect prior to the effective date of the PAP, except when any such building, system or other work regulated by the PAP is determined by the Building Official to be in fact dangerous, unsafe, unsanitary, or a nuisance and a menace to life, health, or property.

SECTION 102 UNSAFE BUILDINGS.

See City of Palmdale Housing code and/or Palmdale Dangerous 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 the PAP, Palmdale building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

103.3 Penalty.

Violations of any provision of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code is punishable as set forth in Palmdale Municipal Code Title 1, are deemed to be a nuisance, and may be abated as such by the City as provided in PMC Chapter 8.36. 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 is committed, continued or permitted. The City may enforce any violation of these codes by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, 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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

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 code provision provided that the provisions of this section are complied with. The remedy provided by this section is cumulative to any other enforcement actions permitted.

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 PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code Provisions; 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 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.

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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and/or Green building 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 by registered, certified or first class mail. The 15-day period for achieving compliance with 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 code provision 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.

SECTION 104 – ORGANIZATION AND ENFORCEMENT

104.1 Building and Safety Division.

There is hereby established the Building and Safety division of the Department of Public Works.

104.2 Powers and Duties of the Building Official.

The Building Official of the Building and Safety division for the City of Palmdale shall have all authority granted by the PAP, Palmdale Building, Plumbing, Residential, Green, Mechanical, Electrical, Housing and Abatement of Dangerous Building Codes and all mandated State of California regulations and 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 and safety division.

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 or registration number, 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 PAP 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 PAP 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 PAP 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. Hazardous Condition

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 PAP. 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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, or other pertinent laws or ordinances implemented through the enforcement of this PAP, 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 or City Engineer to proceed with the work.

104.2.5 Occupancy Violations.

Whenever any structure or portion thereof is being used contrary to the provisions of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code or whenever any structure or portion thereof which was built contrary to these codes 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 these codes, 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 I 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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, 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 the provision impractical and that the modification is in conformity with the spirit and purpose of the code provision 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 enforcement agency. A written application for the granting of such modifications shall be submitted together with a filing fee as adopted in the current city fee resolution.

104.2.8 Alternate Materials and Methods of Construction.

The provisions of the respective codes are not intended to prevent the use of any material or method of construction not specifically prescribed, 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 that the material, method or work offered is, for the purpose intended, at least the equivalent 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 code requirement or evidence that any material or any construction does not conform to the requirements of any provision, 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 nationally recognized standards for the material in question. If there are no appropriate test methods specified 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 and staff review fees as adopted in the current fee resolution. For the requirements for an approved fabricator, see Palmdale Building code.

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 PAP or any Palmdale code 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 the provisions of the PAP or any city ordinance, 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 is used in the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section.

AUTHORITY HAVING JURISDICTION shall mean the Building Official.

BUILDING DEPARTMENT shall mean the Building and Safety Division of the City of Palmdale.

BUILDING OFFICIAL shall mean the Building Official of the Division of Building and Safety charged with the administration, interpretation and enforcement of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code, 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 Building 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 any other laws or ordinances and the removal and/or capping of any sewage disposal system.

ELECTRICAL CODE shall mean the Palmdale Electrical Code.

FIRE CODE or LOS ANGELES COUNTY FIRE CODE shall mean the Palmdale Fire code.

FIRE DEPARTMENT shall mean the Los Angeles County Fire District.

GREEN CODE shall mean the Palmdale Green Code

HEALTH CODE or LOS ANGELES COUNTY HEALTH CODE shall mean the Health Code as adopted by the City of Palmdale.

HOUSING CODE shall mean the Palmdale Housing Code.

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT shall mean the Department of Public Works.

MECHANICAL CODE shall mean the Palmdale Mechanical Code.

MECHANICAL OFFICIAL shall mean Building Official.

PLUMBING CODE shall mean the Palmdale Plumbing Code.

PLUMBING OFFICIAL shall mean Building Official.

RESIDENTIAL BUILDING CODE shall mean the Palmdale Residential Code.

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 PAP 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, hereby authorizes the City Manager as follows.

105.1.1. The City Manager may appoint one or more administrative hearing officers to conduct the appeals hearings.

105.1.2 Limitations of authority.

The board of appeals or hearing officer shall have no authority relative to interpretation of the administrative portions of the PAP nor shall the board be empowered to waive requirements of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

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 Administrative provisions or any Palmdale 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 PAP or Building, Green, Uniform Abatement of Dangerous Buildings, Housing, Electrical, Mechanical, 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 Building Codes 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 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 the Abatement of Dangerous Buildings Code and 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 there from 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 an 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 City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC 2.08.90. 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 there from. Each party then shall have a right to rebut or explain the matters so stated by the board or Hearing Officer.

105.7.8. Fees.

A fee as adopted by the current fee resolution 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, automatic fire-extinguishing system or portion thereof, 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, plumbing system or device, mechanical system or device, electrical system or device, 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.” “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.

106.3 Work Exempted.

A permit shall not be required for the following:

Building and Residential Code:

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 in2).

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 antennae 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 (4572 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. 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 (18,927 L).

19. Playground equipment.

Plumbing Code:

Work Not Requiring Permit

No permit shall be required in the case of any repair work as follows:

1. The stopping of leaks in drains, soil, waste or vent pipe; provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as new work and a permit shall be procured and inspection made as hereinbefore provided.

2. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

3. No permit, test or inspection shall be required where a plumbing system or part thereof is set up for exhibition purposes and has no connection with a water or drainage system.

Mechanical Code

No permit shall be required for the following:

1. Any portable heating appliance.

2. Any portable ventilating equipment.

3. Any portable comfort-cooling unit.

4. Any steam, hot, or chilled water piping within any comfort heating or cooling equipment regulated by this PMC.

5. Replacement of any component part or assembly of an appliance, which does not alter its original approval and complies with other applicable requirements of this PMC.

6. Any portable evaporative cooler.

7. Any refrigerating equipment that is a part of the equipment for which a permit has been issued pursuant to the requirements of this PMC.

8. Any unit refrigerating system.

Electrical Code.

1. Minor repair works such as the replacement of lamps, switches, receptacle devices, sockets, taping bare joints and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed.

2. The wiring for temporary theater, motion picture or television stage sets.

3. The repair or replacement of fixed motors, transformers, apparatus, or appliances of the same type and rating in the same location.

4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Low-energy power, control, and signal circuits that are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes.

6. Temporary Holiday decorative lighting.

7. The installation of temporary wiring for testing or experimental purposes within suitable facilities.

8. Repair or replacement of over current devices.

9. Portable generators, motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug.

10. The installation by Southern California Edison Company of radio controlled relays on privately owned air conditioning and agricultural irrigation pumping equipment in the company’s pilot program of energy conservation through electrical load management, entitled “Air Conditioner Cycling and Agricultural and Pumping Interruptible Programs”; provided that:

a. The relays shall be tested and labeled by Underwriters’ Laboratories, Inc.;

b. The Electrical Official shall approve of specifications for the installation of the relays;

c. The relays shall be installed and maintained by Southern California Edison Company or its contractors; and

d. The Southern California Edison Company shall make available for random inspection, upon request of and by the City, designated relay installations to ensure code compliance.

11. Private telephone, intercom, sound and communication systems; provided, however, that a permit shall be obtained for the power supplies required by the above systems.

Notwithstanding the foregoing, all electrical wiring and equipment shall comply with all electrical code requirements.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the above-exempted items as applicable.

Exemption from the permit requirements 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. 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) List of all equipment, devices and systems when a combination permit is not being applied for. 8) Be signed by the permittee, or an authorized agent, who may be required to submit evidence to indicate such authority. 9) Give such other information as reasonably may be required by the Building Official.

106.4.2 Plans and Specifications.

General:

Within each application for a permit and when required by the Building Official for enforcement of any provisions of the Palmdale codes, plans and specifications shall be submitted in an electronic format approved by the Building Official. If approved prior to submittal by the Building Official two sets of paper plans may be submitted. Additional storage and processing fees may apply as adopted by the current city fee resolution. 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 documents completed by the design professional.

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.

Building, Residential, and Green code:

Plans and specifications 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 the Codes and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall have the 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 any proposed buildings 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 the codes or other ordinances or laws.

Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted. Plans for buildings more than two stories in height of other than 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.

Plumbing Code:

Plans, specifications, drawings, listings, manufacturer’s installation instruction, descriptions and diagrams necessary to show clearly the character, kind and extent of plumbing work covered by applications for a permit,

Mechanical Code:

1. Installations where the aggregate Btu input capacity for either comfort heating or comfort cooling is more than 500,000 Btu. Plans shall detail all the mechanical systems, including comfort heating systems, comfort cooling systems, refrigeration systems and ventilation systems and hoods.

2. Installations of the following individual systems:

a. Food processing establishment containing a commercial-type I or II hood;

b. Garage ventilation systems installed in compliance with the provisions of the Palmdale Building Code;

c. Stair pressurization systems installed in compliance with the provisions of the Palmdale Building Code;

d. Product conveying duct systems installed in compliance with Chapter 5 of this PMC;

e. Tenant improvement installations requiring review to verify compliance with the State’s Energy Regulations, when a building permit is not required for that work.

Electrical Code:

(1) Every plan shall be a type approved by the Building Official. The information contained on the plans shall be drawn in a professional manner, be clearly legible, and contain the information required in subsection (2) below. The plans for the electrical wiring in a building shall be of a scale no smaller than one-eighth inch per foot. Reasonable symbols satisfactory to the department shall be used on all plans.

EXCEPTION.

A scale of less than one-eighth inch per foot may be used where the plan can be read and understood.

(2) The following is required to be shown on the plans required for the electrical system and wiring installation.

A complete plan showing the layout of the proposed electric wiring for each floor, including dimensions of all working spaces, and a legend of all symbols used;

A complete single line diagram;

The type, location and capacity of all service equipment, and a dimensioned elevation diagram of the service;

The size and the length of all service raceways to the manhole vault or pole of the serving agency or to the service head;

The size of all raceways and the length of all feeder raceways;

The dimensions of all pull or junction boxes larger than four inches trade size;

The number, size and type of all conductors to be installed in wiring enclosures;

The location of every proposed outlet and switch in all parts of the building or structures including all fixed showcases, wall cases, office furnishings, and similar wiring;

The wattage or ampere rating of each outlet for noninductive loads and the volt-ampere rating of each unit or transformer for electric discharge lighting;

The location, voltage and HP rating of every motor and the KW rating of every generator;

The type and code letter of every AC motor, unless an alternate specification is otherwise satisfactory to the Electrical Official;

The location and KVA, or equivalent rating of each transformer, capacitor, ballast, converter, frequency changer and similar equipment; and the locations and ampere or wattage rating of other appliances of the noninductive type;

Details of panelboards, switchboard and distribution centers, showing type and arrangement of switches, overcurrent devices, and general control equipment;

Panelboards, switchboard and motor control center schedules, showing wattage and amperage, the number of active branch circuits to be installed, and the number of spare branch circuits for future use. This shall include identifying the circuits to which the outlets are connected and listing the number and type of outlets;

A lighting fixture schedule;

The existing load, as calculated in accordance with the Palmdale Electrical Code or by other methods satisfactory to the Building Official shall be indicated for existing installations having alterations or additions made thereto;

Other additional information as the Building Official may consider necessary for proper enforcement of this code.

106.4.4. Architect or Engineer of Record.

106.4.4.1 General.

When state law or the building Official requires that documents be prepared by a State of California licensed Designer, 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.

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 Special inspection and Structural observation.

When special inspection is required by any code provision or product listing, 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 any 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 the observation 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 observation program shall include 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:

Exception

The Building Official shall not issue a permit for temporary or permanent electrical or gas service when there is no apparent legally permitted use for the property and/or no approval has been issued for the use by the Palmdale Planning department. In determining whether a proposed use is legally permitted, the Building Official may consider not just the provisions of the codes but all applicable statutes, ordinances, rules and regulations of the city.

The work described conforms to the requirements of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

The work described conforms to the requirements of other pertinent laws and ordinances of the City of Palmdale.

The fees specified by this PAP 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 a 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 the Palmdale codes. 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 there under when in violation of the Palmdale codes or of any other ordinances of the City. Retention of plans: The Building Official shall retain one set of approved plans, specifications and computations as required by Section 19850 of the Health and Safety Code. The Building Official shall retain such 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.

106.5.2 Licensed contractor requirements for permit issuance.

Building and mechanical permits may be issued to a bona fide Owner(s) of a property or a licensed California contractor in accordance with provisions of California state law.

Electrical and Plumbing permits for work exceeding two hundred dollars ($200) in value shall be a licensed contractor, homeowner, or authorized government representative. A registered maintenance electrician may be issued electrical permits.

EXCEPTION.

If the Electrical Official determines that there is an urgent necessity, they may consider an application for an electrical permit prepared by persons other than those specified above.

LICENSED CONTRACTOR – A licensed contractor is a person who is engaged in the business of installing or repairing electrical wiring or equipment or who does, or who holds himself out as willing to do personally or through his employees, any work or services in connection with the installation, alteration or repair of any electrical wiring or equipment or part thereof, and who possesses an appropriate contractor’s license pursuant to the Business and Professions Code of the State of California when such license includes within its classification limitations on the activities set forth on the application for permit and entitles the licensee to perform personally or through his employees all such activities without personal local qualification or registration.

A permit may be issued to a firm, partnership or corporation, any officer or member of which is a licensed contractor, in the event that all construction or work is done under the direct personal supervision of such officer or member.

REGISTERED MAINTENANCE ELECTRICIAN – A registered maintenance electrician is a person possessing a valid certificate of registration issued by the Building Official. A certificate of registration as maintenance electrician, upon application therefor, may be issued to any person regularly employing one or more electricians for the purpose of installation, alteration or maintenance of electrical wiring or equipment on his own premises. The application for such certificate shall be made in writing by a responsible officer of the firm, and shall designate one or more persons as registrant. A registration fee shall be paid for each maintenance electrician as set forth in this code. All such work shall be installed and done in accordance with the provisions of this code, and such work shall be subject to permits, fees, and inspection to the same extent as all other similar work for which such inspection is provided. The firm shall keep a record of all work performed under the maintenance certificate, showing the nature and location of the work, and such records shall be made available to the Building Official.

HOMEOWNER – A homeowner is the owner of a single-family residence, including common accessory and minor poultry, animal or agricultural buildings. A permit may be issued to such homeowner, provided that work authorized under any such permit shall be done by the person to whom the permit is issued, or by a member of his immediate family. Should any provision of Sections (a), (b) or (c) be violated, the permit shall be subject to immediate cancellation. This permit cancellation is in addition to any other enforcement provisions or penalties provided for in this code.

GOVERNMENT REPRESENTATIVE – A government representative is a person who is employed by and who has been authorized by a governmental agency to supervise or control electrical work on the premises of such agency.

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 the Palmdale codes or any other laws or regulations. No permit presuming to give authority to violate or cancel the provisions of the Palmdale Codes 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 PAP 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 of the Building code 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 PAP 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, commercial and industrial buildings and swimming pools, which will include all building, electrical, plumbing, heating, ventilating and air-conditioning work but will not include grading and landscape, or sewer connections. The combined building permit shall be subject to the requirements of the Palmdale Building, Residential Code, Green Code, Electrical Code, Plumbing Code and the Mechanical Code, except that the fee for the combined building permits shall be as provided in the Current Palmdale Fee resolution.

106.5.7 Other Permits

In addition to the permits required by the PAP, and as a prerequisite to obtaining them, any person desiring to connect to a trunk sewer, to construct a public sewer, to connect to the public sewer at a point where no branch fitting has been provided in such sewer, or to discharge industrial liquid waste shall obtain permits from the authority controlling such sewer so to do. No permit shall be issued to connect to a public sewer not under the jurisdiction of the owner of such sewer or facility until the applicant for such connection has first obtained written permission from the authority controlling such sewer and has filed a copy of such permission with the Building Official.

SECTION 107 – FEES

107.1 Permit Fees.

Building, Plumbing, Mechanical, and Electrical Permit(s) and issuance fees for each permit shall be paid prior to permit issuance. The fees shall be paid as adopted in the current Palmdale fee resolution.

The Building Official shall make the final determination of value or valuation. 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.

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. The total permit for a tenant improvement permit shall be 1.33 times the building permit fee for tenant improvements with a restroom(s) and 1.23 times the fee 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. 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 as required by each separate code.

107.2 Plan Checking or Review Fees for Buildings, Structures and all regulated equipment.

Building and Residential Plan review fees.

When an application for a building permit is submitted for review, whether or not plans and specifications are required, 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 current in the current Fee Resolution. Specific fees shall also be paid for plan check work in accordance with the current fee resolution. 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 the codes.

Electrical Plan reviews required.

Plans are required to be submitted for any of the work described below. A plan checking fee shall be paid when the plans are submitted for review. With respect to the work described below wiring shall not be installed, nor any other work for which a permit is required shall be done, until the plans have been approved. Only after the plans have been approved may the applicant apply for an electrical permit for such work. Plans are required for the following:

(1) An Installation where one or more services, switchboards, motor control centers or feeders have a rating of 400 amperes or larger at 600 volts or less;

(2) Any installations rated above 600 volts;

(3) Theaters or motion picture theaters;

(4) Assembly rooms or similar places having an assemblage or seating capacity exceeding 500 persons;

(5) A hospital or other health care facility falling within the scope of Article 517 of the Electrical code;

(6) Installations in locations classed as hazardous locations by the provisions of Chapter 5 of the Electrical code;

(7) Installation of lighting fixtures weighing more than 300 pounds;

(8) Tenant improvement installations requiring review to verify compliance with the State’s Electrical Energy Conservation requirements (Title 24). This energy plan check is in addition to the plan check required above.

The fee for each plan check pursuant to subsection above shall be equal to seventy percent (70%) of the required permit fee, however, the minimum fee shall be as required in the currently adopted fee resolution.

Plumbing plan reviews required:

Plumbing Plans and specifications shall be submitted for plan review and approval prior to issuance of a permit.

The plan check fee shall be equal to 40 percent of the required plumbing permit as adopted in the current fee resolution.

1. More than 216 waste fixture units;

2. Potable water supply piping required to be 2" or larger; or

3. Fuel gas piping required to be 2" or larger or containing medium or high pressure gas.

Mechanical plan reviews required:

2. Installations of the following individual systems:

(i) Food processing establishment containing a commercial-type I or II hood;

(ii) Garage ventilation systems installed in compliance with the provisions of the Palmdale Building Code;

(iii) Stair pressurization systems installed in compliance with the provisions of the Palmdale Building Code;

(iv) Product conveying duct systems installed in compliance with Chapter 5 of this PMC;

(v) Tenant improvement installations requiring review to verify compliance with the State’s Energy Regulations, when a building permit is not required for that work.

Direct-fired gas makeup and industrial air heaters.

The installer shall submit plans showing the proposed installation, indicating the location of the heater and such accessories as may be required to ensure the proper and safe performance of its function.

Plan checking and addition plan check fees for Plumbing, Mechanical, Electrical and Green code plan checks shall be paid as adopted in the current Fee Resolution.

The plan check fees specified in this section are separate fees from the permit fees.

107.3 Standard Plans.

The Building Official may approve a set of plans for a building or structure as a “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 above.

Plans shall reflect laws and ordinances in effect at the time a permit is issued except as provided herein below 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 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 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 Building, Residential, Plumbing, Mechanical, Electrical and Green Code permit fees.

Shall be as adopted in the current Palmdale Fee Resolution.

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 fees for buildings owned by the City of Palmdale. 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.

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 PAP 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 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 cancelled because of an issue beyond the owner’s 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 the PAP, 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 the permit fee required for such work and in addition to any plan check or permit fees.

EXCEPTION: The investigation fee shall be reduced as adopted in the current fee resolution 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 any Palmdale code or regulation 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 PAP or any Palmdale building code 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 as adopted in the current fee resolution in addition to the fees specified elsewhere in this PAP.

107.15 Preliminary Review Fees.

Upon payment of a preliminary review fee 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 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 that are not submitted in an approved electronic format and are 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 the current Palmdale fee resolution. 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 all fees annually in conjunction with the review of the Palmdale Fee resolution. The amount of each fee shall be adjusted as follows: The Director of Finance 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. All fees shall be adopted by a fee resolution and implemented by August 1st of the same year, provided, however, that no adjustment 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 such fee proposals to the City Council for approval with the fee resolution.

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 Definition.

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 Factory Built 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 Current adopted fee resolution fees
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.

SECTION 108 INSPECTIONS.

108.1 General.

All construction or work for which a 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 and installations shall have special inspection as specified in the Building code and /or other construction codes.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this PAP and Palmdale Codes or of other laws. Inspections presuming to give authority to violate or cancel the provisions 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 the current fee resolution. Such a pre-inspection shall not be required for a building pad graded under the provisions of the grading provisions.

108.2 Inspection Record Card.

Work requiring a building permit shall not be commenced until the permit holder or the permit holder’s agent 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. 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, and shall be subject to the penalties set forth in this PAP for violations.

There shall be a final inspection and approval of all building, plumbing, mechanical, electrical, green code requirements and structures when completed and ready for occupancy or use.

108.4 Required Inspections:

A. Building Inspections.

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:

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, and all required special inspection and/or structural observation reports are available for inspector review. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job.

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.

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 and all required special inspection or structural observation reports are available for inspector review.

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.

6. Final inspection.

To be made after finish grading and the building is completed and ready for occupancy.

B. Plumbing Inspections.

1. General.

All plumbing systems shall be tested and approved as required by the Palmdale Plumbing code.

2. Test observation required.

All plumbing systems shall be tested and approved in the presence of the Building Official or his representative.

3. Systems to remain open for inspection.

No water or gas supply system or portion thereof shall be covered or concealed until it first has been tested, inspected, and approved. No plumbing or drainage system, building sewer, private sewer disposal system or part thereof, shall be covered, concealed, or put into use until it has been tested, inspected, and accepted as prescribed in the PPC.

3. Uncovering of concealed work.

Any drainage or plumbing system, building sewer, private sewage disposal system, or part thereof, which is installed, altered, or repaired is covered or concealed before being inspected, tested, and approved as prescribed in this PPC, it shall be uncovered for inspection after notice to uncover the work has been issued to the responsible person by the Building Official.

4. Tightness.

Joints and connections in the plumbing systems shall be gas/air tight and watertight for the pressures required by any test.

5. Retesting.

If the Plumbing Official finds that the work will not pass the test, necessary corrections shall be made and the work shall then be subject to new testing and inspection.

6. Approval.

Upon the satisfactory completion and final test of the plumbing system, the Building Official shall issue a certificate of approval to the permittee if requested.

C. Mechanical inspections.

1. General

The Building Official shall inspect all equipment prior to any portion of any equipment intended to be concealed by any permanent portion of the building. The equipment shall not be concealed until inspected and approval to conceal is given.

2. Utility connection.

Equipment regulated by the Palmdale Mechanical code shall not be connected to the fuel or power supply until authorized by the Building Official.

EXCEPTION: The requirements of this section shall not be considered to prohibit the operation of any heating equipment installed to replace existing heating equipment serving an occupied portion of a building, in the event a request for inspection of such heating equipment has been filed with the Building and Safety office not more than 48 hours after such replacement work is completed, and before any portion of such equipment is concealed by any permanent portion of the building.

3. Final Inspection.

When the installation of any equipment is complete, a final inspection shall be made and final approval given prior to use of the equipment.

D. Electrical inspections.

1. General

All new electrical work, and such portions of existing systems as may be affected by new work, or any changes, shall be inspected and approved prior to covering or concealing by the Building Official.

2. Special inspections.

Special inspections may be required on work involving special hazards or conditions and on work requiring extensive, unusual or constant inspection. Special inspections, when necessary, shall be accomplished by the means set forth in the Palmdale Building Code except that the special inspector shall be a qualified person approved, registered by, and reporting to, the Building Official.

3. Energizing equipment.

No system, appliance, installation or wiring shall be energized until approved by the Building Official.

4. Final inspection.

All installations require a final inspection after all work and labeling is complete and ready to be energized.

E. Residential inspections.

The building, Plumbing, Mechanical and Electrical Inspections shall apply.

F. Green Code inspections.

See Palmdale Green code provisions.

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 all codes and laws which are enforced by the Building Official. 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 Code Council or be certified with an equivalent certificate as approved by the Building Official. Applications shall be made in writing. Proof of the required certificate shall accompany the application fee and the application. A separate application and a separate fee shall not 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, certificates of registration for special inspectors shall expire biennially on June 30 and must be renewed by payment of a biennial renewal. Registration and renewals shall pay fees as adopted by the current fee resolution before being issued a special inspector approval.

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 required see Palmdale Building code.

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 PAP 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 PAP, “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 not first obtained, but which has progressed beyond the point indicated in successive inspections, including but not limited to inspections set forth in Chapter 17 of the Building code, 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 PAP, 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 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 PAP or of other laws and regulations. Approvals presuming to give authority to violate or cancel the provisions of this PAP 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 PAP 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 the Palmdale Building Code.

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 permits 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. The Building Official may also require a bond or deposit to be posted to insure that any outstanding work is completed. The bond shall be for 150 percent of the value of the uncompleted work. 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. Fees for issuance of a certificate shall be paid as adopted in the Palmdale fee resolution.

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 code requirements 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 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 as follows building or grading 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 111 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 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 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 on or 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 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 code, and may be referred to elsewhere in this code. 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.

(Ord. 1605 § 18, 2023; Ord. 1410 § 2 (Exh. A), 2010)

8.04.201 Adoption of building code.

Excepted as amended herein, Chapters 2 through 35, of Volumes I and II, Appendix I, Patio Covers, Appendix J, Grading, and Appendix P, Emergency Housing, of that certain building code known and designated as the California Building Code, 2022 Edition, published by the International Code Council 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 and may be referenced as the PBC. (Ord. U-1635 § 2, 2024; Ord. 1595 § 1 (Exh. A), 2022)

8.04.202 Copy of Palmdale Building Code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Building Code adopted herein by reference are kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

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 September 2011.

(Ord. 1595 § 1 (Exh. A), 2022; Ord. 1410 § 2 (Exh. A), 2010)

8.04.204 Amendments to Chapter 16 of the Palmdale Building Code.

Chapter 16, Design, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:

Section 1608.2 of the 2022 Edition of the California Building Code is amended to read as follows:

Sec. 1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for roofs shall be 20 pounds per square foot.

Sections 1613.5, 1613.5.1 and 1613.5.2 are added to read as follows:

1613.5 Amendments to ASCE 7. Section 1613.5 shall be added for amendments to the relevant provisions of ASCE 7.

1613.5.1 Values for Vertical Combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:

3. Detached one- and two-family dwellings up to two stories in height of light frame construction.

1613.5.2 Wood Diaphragms. Modify ASCE 7 Section 12.11.2.2.3 as follows:

12.11.2.2.3 Wood Diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 41.5.1 and this section. Continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toenails 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 structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls 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.

3. Detached one- and two-family dwellings up to two stories in height of light frame construction.

Section 1613.5.3 is added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:

1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:

δM	=	Cdδmax	(12.12-1)
		Ie

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.205 Amendments to Chapter 17 of the Palmdale Building Code.

Chapter 17, Special Inspections and Tests, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:

Section 1704.6 of the 2022 Edition of the California Building Code is amended to read as follows:

1704.6 Structural Observations. Where required by the provisions of Section 1704.6.1, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other section of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the Building Official.

Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor, and the Building Official. Upon the form prescribed by the Building Official, the structural observer shall submit to the Building Official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the Building Official.

Section 1704.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:

1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F, where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV.

2. The structure is a high-rise building.

3. A lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

4. Such observation is required by the registered design professional responsible for the structural design.

5. Such observation is specifically required by the building official.

Section 1705.3 of the 2022 Edition of the California Building Code is amended to read as follows:

705.3 Concrete Construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspection and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane 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) regardless of the compressive strength specified in the construction documents or used in the footing construction.

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 1809.7; 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.

Section 1705.13 of the 2022 Edition of the California Building Code is amended to read as follows:

1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.

Exception: The special inspections specified in Sections 1705.13.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:

1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm).

2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm).

3. The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:

3.1 Torsional or extreme torsional irregularity.

3.2 Nonparallel systems irregularity.

3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4 Discontinuity in lateral strength-weak story irregularity.

(Ord. 1595 § 1 (Exh. A), 2022)

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:

Section 1809.3 of the 2022 Edition of the California Building Code is amended to read as follows:

1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.

FIGURE 1809.3

STEPPED FOOTING

Section 1809.7 and Table 1809.7 of the 2022 Edition of the California Building Code are amended to read as follows:

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION
a, b, c, d, e
NUMBER OF FLOORS SUPPORTED BY THE FOOTING f	WIDTH OF FOOTING (inches)	THICKNESS OF FOOTING (inches)
1	12	6
2	15	6
3	18	8

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm

a. Depth of footings shall be in accordance with Section 1809.4.

b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.

c. Not Adopted.

d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.

e. For thickness of foundation walls, see Section 1807.1.6.

f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.

(Ord. 1595 § 1 (Exh. A), 2022)

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:

Section 1909.4 of the 2010 Edition of the California Building Code is amended to read as follows:

1909.4 Design. Structural plain concrete walls, footings and pedestals shall be designed for adequate strength in accordance with ACI 318, Section 22.4 through 22.8.

Exception: For Group R-3 occupancies and buildings or other occupancies less than two stories above grade plane of light-frame construction, the required edge thickness of ACI 318 is permitted to be reduced to 6 inches (152 mm), provided that the footing does not extend more than 4 inches (102 mm) on either side of the supported wall. This exception shall not apply to structural elements designed to resist seismic lateral forces for structures assigned to Seismic Design Category D, E or F.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.208 Reserved.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.209 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:

Section 2304.10.2 of the 2022 Edition of the California Building Code is amended to read as follows:

2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the Building Official.

Section 2304.10.3.1 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:

2304.10.3.1 Quality of nails. In Seismic Design Category D, E or F, 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 penetration, and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction shall be multiplied by the nail-head-area ratio of clipped head nails to that of the same size hand-driven nails.

Section 2305.4 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:

2305.4 Hold-down Connectors. In Seismic Design Category D, E, or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.

Section 2306.3 of the 2022 Edition of the California Building Code is amended to read as follows:

2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with ANSI/AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3A of ANSI/AWC SDPWS shall include the following:

1. 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.

2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

For structures assigned to Seismic Design Category D, E or F, application of Table 4.3B of ANSI/AWC SDPWS shall not be allowed.

For structures assigned to Seismic Design Category D, E or F, application of Table 4.3C of ANSI/AWC SDPWS shall not be used below the top level in a multi-level building.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the ANSI/AWC SDPWS.

Section 2307.2 is added to the 2022 Edition of the California Building Code to read as follows:

2307.2 Wood-frame Shear Walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

Table 2308.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:

Sections 2308.6.5.1 and 2308.6.5.2 and Figures 2308.6.5.1 and 2308.6.5.2 of the 2022 Edition of the California Building Code are amended to read as follows:

2308.6.5.1 Alternate braced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.2 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The hold-down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13 344 N).

2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full-length header.

In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch- minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 24 of Table 2304.10.2 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).

Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).

Section 2308.6.8.1 of the 2022 Edition of the California Building Code is amended to read as follows:

2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.

Section 2308.6.9 of the 2022 Edition of the California Building Code is amended to read as follows:

2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.

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 (6096 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 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.210 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 (1219 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 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 the Sections 3109.4.1.1 through 3109.4.1.6. and shall be equipped to accommodate a locking device. 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. and 1109.1.2. 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. 1410 § 2 (Exh. A), 2010)

8.04.235 Reserved.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.240 Amendments to Appendix J – Grading and Excavation.

Appendix J of the California Building Code 2022 (Volumes 1 and 2) is hereby adopted as the Grading and Excavation provisions of the Palmdale Building Code and amended to read as follows:

Section J101 General

J101.1 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 or City Engineer 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 or City Engineer shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.

J101.2 Flood Hazard Areas

Unless the applicant has submitted an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading, excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways that are in flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated.

Section J102 Definitions

J102.1 Definitions

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.

APPROVAL shall mean the proposed work or completed work conforms to this code in the opinion of the Building Official or City Engineer.

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. A relatively level step excavated into 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 to implement practical means of preventing or reducing pollution to help achieve water quality goals and 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.

COMPACTION. The densification of a fill by mechanical means.

CUT. See “Excavation.”

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.

DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

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. The wearing away of the ground surface as a result of the movement of wind, water or ice.

EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.

FIELD ENGINEER shall mean the civil engineer responsible for performing the functions as set forth in Section J105.4.2.

FILL. Deposition of earth materials by artificial means.

FUGITIVE DUST shall mean any solid particulate matter that becomes airborne directly or indirectly as a result of the activities of man.

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.

GEOTECHNICAL ENGINEER shall mean a professional engineer registered as a civil engineer by the state of California with experience and knowledgeable in the field of geotechnical and soil mechanics.

GRADE. The vertical location of the ground surface.

GRADE, EXISTING. The grade prior to grading.

GRADE, FINISHED. The grade of the site that conforms to the approved plan at the conclusion of all grading efforts.

GRADING. An excavation or fill or combination thereof.

KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a 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. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

SOILS ENGINEER. See “Geotechnical 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. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.

Section J103 Permits Required

J103.1 Grading Permits Required

Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit therefor from the City Engineer. A separate permit shall be obtained for each site. A grading permit does not include the construction of retaining walls or other structures.

J103.2 Exemptions

A grading permit shall not be required for the following:

1. When approved by Building & Safety, Grading in an isolated, self-contained area, provided that the public is not endangered and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided that such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional.

8. Excavation for wells, or trenches for utilities.

9. 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.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

J103.3 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 J103.1, supra.

J103.4 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 an appropriate licensed contractor and is available at the construction site.

J103.5 Application to Existing Grading

J103.5.1 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 or City Engineer shall, within the period specified therein, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.

J103.5.2 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.

J103.5.3 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 J104 Permit Application and Submittals

J104.1 Submittal Requirements

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 J104.2.

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 or City Engineer.

J104.2 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, stamped by a geotechnical 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 J104.10 for specific requirements.

14. Any additional plans, drawings or calculations deemed necessary by the Building Official or City Engineer 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.

16. 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.

Fees. Grading permit and plan checking fees shall be as specified in the City of Palmdale Fee Ordinance.

J104.3 Geotechnical Report

A geotechnical report prepared by a registered design professional shall be provided. The report shall contain not less than the following:

1. The nature and distribution of existing soils.

2. Conclusions and recommendations for grading procedures.

3. Soil design criteria for any structures or embankments required to accomplish the proposed grading.

4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.

5. The soils report shall comply with City’s Engineering Design Standards and City manual, titled “Guidelines For Preparation of Geotechnical Reports”.

Exception: A geotechnical report is not required where the Building Official or City Engineer determines that the nature of the work applied for is such that a report is not necessary.

J104.3.1 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.

J104.4 Liquefaction Study

For sites with mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided and the recommendations incorporated in the plans.

Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.

J104.5 Permit Limitations and Conditions

J104.5.1 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 City Engineer.

J104.5.2 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.

J104.5.3 Conditions of Approval

In granting any permit under this code, the City Engineer or 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 J104.10.9 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 or Building Official 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.

J104.6 Denial of Permit

J104.6.1 Hazards

The City Engineer or Building Official 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 or Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer or Building Official may issue the permit with the condition that such work be performed.

J104.6.2 Land Use

The City Engineer or Building Official 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.

J104.7 Security

J104.7.1 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.

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.

J104.7.2 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 110 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 City Engineer.

J104.7.3 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.

J104.7.4 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 City Engineer.

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.

J104.8 Safety Precautions

If at any stage of the work the City Engineer or Building Official 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 City Engineer or Building Official may authorize the work to proceed if the City Engineer or 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 City Engineer or Building Official shall give written notice requiring correction thereof as specified in Section J103.5 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 City Engineer or Building Official may order the work stopped until a revised grading plan which includes provisions for such existing conditions has been submitted and approved.

J104.9 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 City Engineer until April 15 of the following year, unless final grading approval has been granted by the City Engineer prior to that date and all permanent drainage and erosion-control systems, if required, are in place.

J104.9.1 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 J104.9, 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 City Engineer revised plans which include details of the protective measures described in and in all other respects follow the provisions of Section J104.9. The revised plans required by this section shall be accompanied by an application for plan check services and plan check fees in accordance with City Fee Schedule.

J104.9.2 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 J104.9 or J104.9.1 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 City Engineer may cause the owner of the site to be prosecuted as a violator of this code or City Engineer may take both actions. The City Engineer shall have the authority to collect the penalties imposed by Section J104.9.2 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 J104.9.1:

Grading Permit Volume	Penalty
1 – 10,000 cubic yards (1 – 7,645.5 m3)	$50.00 per day
10,000 – 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 J104.9 and approved by the City Engineer:

Grading Permit Volume	Penalty
1 – 10,000 cubic yards (1 – 7,645.5 m3)	$100.00 per day
10,000 – 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

J104.9.2.1 Costs and Penalties.

If not paid within 30 days from the date of the notice, the penalties imposed by Section J104.9.2 shall become a special assessment against the property.

J104.9.2.1 Notice of Violation

J104.9.2.1.a General

The City Engineer may record a notice of violation with the county recorder’s office when a property is in violation of Section J104.9 of this code. Recordation of such notice shall be subject to the provisions of Sections J104.9.2.1.b and J104.9.2.1.c. The remedy provided by this section is cumulative to any other enforcement action permitted by this code.

J104.9.2.1.b Recordation

If (1) the City Engineer determines that any property is in violation of Section J104.9 of this code; and if (2) the City Engineer 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 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 within 30 days, the City Engineer 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.

J104.9.2.1.c 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 City Engineer. The costs incurred by the City Engineer in the investigation of such violations and the processing of the notice and notification of concerned parties and inspection costs shall be as specified in currently adopted Palmdale Fee Ordinance. If the City Engineer 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 shall record a notice rescinding the prior notice of violation.

J104.10 Responsibility of Permittee

J104.10.1 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.

J104.10.2 Coordinator

The permittee shall act as the coordinator between the consultants, contractor and City Engineer or Building Official. The permittee shall present to the City Engineer or Building Official 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 or Building Official 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 No. 1475 and the City’s Landscaping Design Standards. 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 No. 1475, all slope planting shall also meet the requirements of this chapter and shall be a part of the landscape permit.

J104.10.3 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 J105. The notification shall be at least one working day in advance of the inspection.

J104.10.4 Protection of Utilities

The permittee shall be responsible for the prevention of damage to any public utilities or services.

J104.10.5 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.

J104.10.6 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.

J104.10.7 Termination of Consultants

The permittee shall notify the City Engineer or Building Official within 48 hours if any consultant resigns or is terminated.

J104.10.8 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.

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.

2. All fuels, solvents, oil, and other foreign substances and their containers shall be stored in accordance with their listing and protected from the weather in such a manner as to prevent them from contaminating the soil or being conveyed by storm water.

3. A covered receptacle shall be available on-site for collection of trash and debris to be disposed of off-site. The site shall be maintained in such a manner as to prevent the deposition of trash and debris onto adjacent public and private property.

4. All vehicles or equipment shall be free of mud and debris before leaving the site so as not to track or deposit such material onto the public way. The roadway entrance must be stabilized in such a manner as to prevent the off-site tracking of soil or mud. Provisions shall be made for immediate cleaning of the public way when accidental depositions occur.

J104.10.9 Fugitive Dust Control Measures

The permittee shall put into effect and maintain control measures so as to not cause or allow emissions of fugitive dust from any active grading operation, open stockpile area, or disturbed area such that the presence of dust remains visible in the atmosphere beyond the property line of the emission source. Control measures may include, but are not limited to, the suspension of grading operations, the application of water, the application of chemical stabilizers, the installation of temporary coverings, the installation of silt fencing, or the establishment of vegetative ground cover.

J104.11 Import and Export of Earth Materials

In addition to other provisions of this code, the following requirements shall apply when earth materials in excess of 50 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street.

1. The point or points of access to the public street or streets for export or import shall be shown on the haul route plan and shall be located as approved by the City Engineer.

2. Special safety precautions equivalent to the following standards shall be provided where the egress (outhaul) road connects with the public street.

a. The last 50 feet (15240 mm) of the outhaul road immediately adjoining the street if downgrade to the street shall have a grade no steeper than 3 percent.

b. An unobstructed sight distance of not less than 300 feet (91440 mm) in each direction up and down the public street shall be provided at the point of egress. Such sight distance shall be measured from a point 8 feet (2438 mm) above grade in the outhaul road; that point shall be 10 feet (3048 mm) outside the edge of the street pavement or, if no pavement, 10 feet (3048 mm) outside the edge of the normally traveled portion of the public street.

3. Traffic-control devices shall be provided and maintained at the connection of the ingress and egress roads with the public way as may be required by the city of Palmdale City Engineer.

4. Haul Route Permit and plan shall be required showing the approved route and deposition site. The plan shall indicate all required permits and approvals for the deposition site.

J104.11.1 Planning and Zoning Compliance.

No grading permit shall be issued for the import or export of more than 50 cubic yards of earth material to or from a grading site unless the project is in conformance with “Planning and Zoning,” of the City of Palmdale.

Section J105 Grading Designation and Inspections

J105.1 General

Grading involving a fill intended to support structures of more than one lot or parcel of land, or in excess of 5,000 cubic yards (3822.8 m3) of material or grading where the City Engineer determines special conditions or unusual hazards exist shall conform with Section J105.4, entitled “Engineered Grading Requirements.”

Grading other than “engineered grading” shall be designated “regular grading.”

J105.2 Regular Grading Requirements.

The grading shall be inspected by the City Engineer as set forth in Section J105.3, “Inspection of Excavation and Fills.”

The City Engineer may require inspection and testing by a soil testing agency. If required, the soil testing agency’s responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.

J105.3 Inspection of Excavation and Fills

The City Engineer, upon notification from the permittee or the permittee’s agent, shall inspect the grading at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or the permittee’s agent wherein it fails to comply with the requirements of this code.

J105.3.1 Initial Inspection

When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill.

No fill shall have been placed prior to this inspection.

J105.3.2 Rough Inspection

When approximate final elevations have been established; drainage terraces, swales and other drainage devices graded and ready for paving; berms installed at the top of the slopes; and the statements required by Section J105.9 have been received.

J105.3.3 Final Inspection

When grading has been completed; all drainage devices installed; slope planting established, irrigation systems installed; and the as graded plans and required statements and reports have been submitted. In addition to the called inspections specified above, the City Engineer may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this code.

Investigations and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required.

J105.3.4 Non-Inspected Grading

No person shall own, use, occupy or maintain any non-inspected grading. For the purposes of this code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103.1, but which has progressed beyond any point requiring inspection and approval by city engineer without such inspection and approval having been obtained.

J105.4 Engineered Grading Requirements

For engineered grading, it shall be the responsibility of the persons listed below to perform the designated functions and provide reports as set forth in Section J105.9. These responsibilities and functions are in addition to those of the City Engineer as set forth in Section J105.3.

J105.4.1 Design Engineer

The design engineer shall prepare the grading plans and shall incorporate recommendations from the soil engineering geology reports on such plans.

J105.4.2 Field Engineer

The responsibilities of the field engineer shall include the establishment and approval of line, grade and surface drainage.

The design engineer and field engineer need not be the same person. At the completion of the rough grading and final grading, the field engineer shall submit the statements and reports required by Section J105.9.

J105.4.3 Soils Engineer

The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this code. Revised recommendations relating to conditions noted during grading and differing from the approved soils engineering and engineering geology reports shall be coordinated with the engineering geologist and submitted to the permittee, the building official or City Engineer, the engineering geologist and the field engineer.

J105.4.4 Engineering Geologist

The engineering geologist shall provide professional inspection within such geologist’s area of technical specialty, which shall include professional inspection of the bedrock excavation or excavation for subdrains, buttress fills and shear keys to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology reports shall be submitted to the soils engineer.

J105.4.5 Grading Contractor

The grading contractor shall submit the statement required by Section J105.9 at the completion of rough grading.

Planting and irrigation. When planting and irrigation are required by Section J110, the statement required by Section J105.9 shall be submitted prior to the final approval of the grading by the City Engineer. Reports that reflect conditions which are not in agreement with the approved grading plans shall be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.

J105.5 Notification of Nonconformance

If, in the course of fulfilling their responsibilities under this code, the field engineer, soils engineer or engineering geologist finds that the work is not being done in conformance with this code or the plans approved by the City Engineer, or in accordance with good accepted practices, the permittee and the City Engineer or Building Official shall be immediately notified in writing of the nonconformity and of the corrective measures to be taken.

J105.6 Termination of Services

The termination of the service of the field engineer, soils engineer or geologist prior to the completion of the work shown on the approved grading plans shall be reported to the City Engineer in writing within 48 hours. The report shall be by the person terminated and shall include the status of the work at the last inspection. The work shall be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work.

J105.7 Violation

It is a violation of this code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to have been in substantial noncompliance with the approved design or code requirement at the time of verification.

J105.8 Notification of Completion

The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports and certifications have been submitted.

J105.9 Reports and Statements – Final Reports

Upon completion of the rough grading work and at the final completion of the work, the following reports, drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. An as-graded grading plan prepared by the field engineer retained to provide such services in accordance with Section J105.4 shall show original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, limits of over excavated areas, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Field engineers shall state that the work within their area of responsibility was done in accordance with the final approved grading plan.

Reports prepared by the soils engineer retained to provide such services in accordance with Section J105.4, which include locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during tests and their effect on the recommendations made in the approved soils engineering investigation report.

Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved soils engineering report and applicable provisions of this code.

Reports prepared by the engineering geologist retained to provide such services in accordance with Section J105.4, which include a final description of the geology of the site and any new information disclosed during the grading and the effect of this information on recommendations incorporated in the approved grading plan.

Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geology report and applicable provisions of this code. Where necessary, such report shall include a final geologic map and cross sections and recommendations noting geologic hazards and sewage disposal areas when the site inspection was required under Section J105.1. The grading contractor shall submit in a form prescribed by the City Engineer a statement of conformance to the as-graded plan and the specifications.

J105.10 Special Inspections

The special inspection requirements of Section 1705.6 shall apply to work performed under a grading permit where required by the Building Official.

Section J106 Excavations

J106.1 Maximum Slope

The slope of cut surfaces shall be not steeper than is safe for the intended use, and shall be not more than one unit vertical in two units horizontal (50-percent slope) unless the owner furnishes a geotechnical engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the City Engineer or Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The City Engineer or Building Official may require the excavation to be made with a cut face flatter in slope than one and one-half horizontal to one vertical if the City Engineer or Building Official finds it necessary for stability and safety.

Exceptions:

1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to 1 unit vertical (67-percent slope) provided that all of the following are met:

2. It is not intended to support structures or surcharges.

3. It is adequately protected against erosion.

4. It is not more than 8 feet (2438 mm) in height.

5. It is approved by the Building Code Official.

6. Ground water is not encountered.

7. A cut surface in bedrock shall be permitted to be at a slope of 1 unit horizontal to 1 unit vertical (100-percent slope) if approved by City Engineer or Building Official.

J106.2 Slope Surface Protection.

All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion-control blankets, soil stabilizers or other means as approved by the City Engineer or Building Official.

J106.3 Drainage.

Drainage terraces and interceptor drain shall be provided as required by Section J109.

Section J107 Fills

J107.1 General

Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section.

J107.2 Surface Preparation

The ground surface shall be prepared to receive fill by removing vegetation, topsoil, and other unsuitable materials, and scarifying the ground to provide a bond with the fill material.

J107.3 Benching

Where existing grade is at a slope steeper than one unit vertical in five units horizontal (20-percent slope) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided in accordance with Figure J107.3. A key shall be provided that is not less than 10 feet (3048 mm) in width and 2 feet (610 mm) in depth.

For SI: 1 foot = 304.8 mm.

FIGURE J107.3

Benching Details

J107.4 Fill Material

Fill material shall not include organic, frozen, or other deleterious materials. Rock or similar irreducible material greater than 12 inches (305 mm) in any dimension shall not be included in fills.

J107.5 Compaction

All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth.

J107.6 Maximum Slope

The slope of fill surfaces shall be not steeper than is safe for the intended use. Fill slopes steeper than one unit vertical in two units horizontal (50-percent slope) shall be justified by a geotechnical report or engineering data.

J107.7 Drainage

Drainage terraces and interceptor drain shall be provided as required by Section J109.

J107.8 Inspection of Fill

For engineered grading, the soils engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the soils engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (8849 mm) or result in a slope surface steeper than two units horizontal to one unit vertical (50-percent slope).

J107.9 Testing of Fill

Sufficient tests of the fill soil shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the City Engineer or Building Official. The results of such testing shall be included in the reports required by this chapter.

Section J108 Setbacks

J108.1 General

Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be described in Section J108.2, unless substantiating data is submitted justifying reduced setbacks. The grading design must be such that the property line between adjacent lots will be at the apex of the berm at the top of the slope.

J108.2 Slope Setbacks

J108.2.1 Top of Slope

The setback at the top of a slope to property line shall not be less than one fifth the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 10 feet (3048 mm), or than is required to accommodate any required interceptor drains, whichever is greater.

J108.2.2 Toe of Slope

The setback at the toe of a slope to property line shall not be less than one fifth the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm).

J108.3 Slope Protection

Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official, shall be included. Examples of such protection include but are not be limited to:

1. Setbacks greater than those required by Figure J108.1.

2. Provisions for retaining walls or similar construction.

3. Erosion protection of the fill slopes.

4. Provision for the control of surface waters.

Section J109 Drainage and Terracing

J109.1 General

Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section.

Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than one unit vertical in three units horizontal (33-percent slope).

J109.1.1 Site Grading and Drainage

The site or lot grading shall meet the requirements as specified in CBC Section 1804.4 – “Site Grading.”

J109.1.2 Disposal.

Drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer or other appropriate governmental agency as a safe place to deposit such waters. Desilting basins, filter barriers or other methods, as approved by the City Engineer, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.

J109.2 Terraces

Terraces not less than 6 feet (1829 mm) in width shall be established at not more than 30-foot (9144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance.

Where more than two terraces are required, one terrace, located at approximately mid-height, shall be not less than 12 feet (3658 mm) in width.

When the total slope height exceeds 100 feet (30480 mm), one terrace near mid height shall not be less than 20 feet (6096 mm) in width (measured horizontally from the outside edge). In lieu of the above, for cut and fill slopes greater than 120 feet (36576 mm) in height, the applicant may submit a drainage and terrace design by a civil engineer for approval by the city engineer.

Swales or ditches shall be provided on terraces. They shall have a minimum gradient of one unit vertical in 20 units horizontal (5-percent slope) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the application. They shall have a depth not less than 12 inches (305 mm) and a width not less than 5 feet (1524 mm).

A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (projected) without discharging into a down drain.

J109.3 Interceptor Drains

Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official but shall be not less than one unit vertical in 50 units horizontal (2-percent slope). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the Building Official or City Engineer.

J109.4 Drainage Across Property Lines

Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices.

J109.5 Subsurface Drainage.

Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

Section J110 Erosion Control

J110.1 General

The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting or other devices satisfactory to the City Engineer. All slope planting shall also be subject to the requirements of City of Palmdale Landscape Ordinance No. 1475 and the City’s Landscaping Design Standards. 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 No. 1475, all slope planting shall also meet the requirements in this chapter and shall be a part of the landscape permit.

Exception: Erosion control measures may not be required on cut slopes not subject to erosion due to the erosion-resistant character of the materials.

J110.2 Planting

The surface of all cut slopes more than 5 feet (1524 mm) in height and fill slopes more than 3 feet (914 mm) in height shall be protected against damage by erosion by planting with ground cover plants. Slopes exceeding 15 feet (4572 mm) in vertical height shall also be planted with shrubs, spaced not to exceed 10 feet (3048 mm) on centers; trees, spaced not to exceed 20 feet (6096 mm) on centers; or a combination of shrubs and trees at equivalent spacing, in addition to the ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site and shall be in accordance with standard specifications on file in the office of the City Engineer. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and found to offer erosion protection equal to that provided by the planting specified in this section. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion.

Consideration shall be given to deep-rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root-to-shoot ratio (weight of above-ground parts versus root system), to wind susceptibility and to fire-retardant characteristics.

J110.3 Irrigation

Slopes required to be planted by Section J110.2 shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted and approved prior to installation. A functional test of the system shall be required. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting.

J110.4 Plans and Specifications

Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by Sections J110.2 and J110.3. Except as waived by the City Engineer for minor grading, the plans for slopes 20 feet (6096 mm) or more in vertical height shall be prepared and signed by a civil engineer or landscape architect.

J110.5 Release of Security

The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes.

J110.6 Other Devices

Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

Section J111 Referenced Standards

J111.1 General

See Table J111.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title, and the section or sections of this appendix that reference the standard.

TABLE J111.1

REFERENCED STANDARDS

REFERENCED STANDARDS
STANDARD ACRONYM	STANDARD NAME	SECTIONS HEREIN REFERENCED
ASTM D1557— 12E1	Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort [56,000 ft-lb/ft3 (2,700kN-m/m3)].	J107.5

(Ord. 1595 § 1 (Exh. A), 2022)

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 there from.

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 (9029 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 (9029 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.

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 ob-

struct 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. 1410 § 2 (Exh. A), 2010)

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:

CHAPTER 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 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.

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 an adjacent to curves, the fencing shall be of galvanized wire mesh, minimum No. II 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. 1410 § 2 (Exh. A), 2010)

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 pound 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

Non removable 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. 1410 § 2 (Exh. A), 2010)

8.04.260 Adoption of Chapter 68, Relocation Permits 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. 1410 § 2 (Exh. A), 2010)

8.04.265 Adoption of the Palmdale Existing Building Code.

Chapters 2 to 16, inclusive and Appendix Chapter A1 of the California Existing Building Code, 2022 Edition, published by the International Code Council and the California Building Standards Commission of the State of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Existing Building Code and can be referenced as the PEBC. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.270 Adoption of Chapter 98, Unoccupied Buildings and Structures.

A new Chapter 98, Unoccupied Buildings and Structures, is adopted as the unoccupied buildings and structures provisions of the Palmdale Building Code, to read and to be cited as follows:

CHAPTER 98 UNOCCUPIED BUILDINGS AND STRUCTURES

9801 – NOTICES TO SECURE BUILDING OR STRUCTURE

When the Building Official finds that any unoccupied building or structure is not properly secured, locked or closed; is accessible to juveniles, transients and undesirables; and is a health, fire or safety hazard to the adjacent community, the Building Official shall serve the record owner and (if not the owner) the person having control of such building or structure with a notice to secure or close the structure so as to prevent unauthorized persons from gaining access to it.

9802 – CONTENTS OF NOTICE

The notice provided for in Section 9801 shall inform the record owner and (if not the owner) the persons having control of such building or structure that:

9802.1

They must forthwith secure or close the building or structure to prevent unauthorized persons from gaining access thereto in accordance with the current FHA or VA standards for securing buildings:

9802.2

If, in their opinion, the building or structure is sufficiently secure and closed or if, for any other reason, they cannot be required to comply with Section 9802.1, within 10 days after receipt of the notice, they may request a hearing by filing with, or mailing to, the Building Official a demand for such hearing in accordance with the appeal provisions of this code.

9802.3

If the required work is not performed within 10 days after the notice is served and if a timely demand for hearing is not made, the City may perform the work at the expense of the said owner.

9803 – NOTIFICATION TO OTHER PERSONS

The Building Official may, but is not required to, send copies of any notice provided for in Section 9801 to the holder of any mortgage, trust deed or other liens or encumbrance; the holder or owner of any lease; or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.

9804 – POSTING

A copy of the notice shall be posted in a conspicuous place on the building or structure, which is the subject of the notice. Further, the Building Official may cause to be posted on such building a sign or signs to read:

VACATED BUILDING – DO NOT ENTER OR DAMAGE BY ORDER OF THE DEPARTMENT OF BUILDING AND SAFETY.

Such sign may contain additional information and warnings that, in the opinion of the Building Official, are expedient. Such notice shall remain posted until the building again is lawfully occupied. A person shall not remove such notice without the written permission of the Building Official. A person, other than a person having the right of occupancy, shall not enter the building.

9805 – SERVICE

Proper service of any notice required by this chapter shall be by personal service or by first class mail upon the record owner, any lien holder and any person having control of such building or structures. In the event the Building official is unable to serve any notice on any person as specified above, proper service on such person shall be by posting the notice in a conspicuous place on the building or structure.

The failure of any owner or other person to receive a notice shall not affect in any manner the validity of any proceedings under this chapter.

9806 – REQUEST FOR HEARING

Within 10 days after service upon the record owner of a notice pursuant to Section 9801, the said record owner or any other person deeming himself or herself aggrieved may request a hearing.

9807 – NOTICE OF HEARING

Upon receiving a request for hearing, the Building Official shall set the matter for hearing before the Board of Appeals and shall serve notice not less than 10 days before the hearing upon the person requesting such hearing and upon every person upon whom the notice provided for in Section 9801 was served.

9808 – PROCEDURE

Except as inconsistent with any other provisions of this chapter, all procedures taken by the Board of Appeals of Housing Code and Code for the Abatement of Dangerous Buildings, as appropriate and the city shall be as provided in this code.

9809 – SECURING STRUCTURES BY CITY

If a person is properly served a notice pursuant to Section 9801 to secure or close a building to prevent unauthorized persons from gaining access and if neither that person nor any other person requests a hearing, or if after a hearing the Board of Appeals or Housing Advisory and Appeals Board of the Housing Code or the Board of Appeals for the Code for the Abatement of Dangerous Buildings, as appropriate determines that such person is obliged to secure or close such building, the City may perform the work as provided in this ordinance in the case of substandard or unsafe buildings if such building is not secured or closed within 10 days after service of notice, if no hearing is requested, or within the time specified by the Board of Appeals.

9810 – PUBLIC WORKS DEPARTMENT

At the request of the Building Official, the Director of the Public Works department shall secure or close any building or structure subject to the provisions of Section 9809 so as to limit unauthorized access. The Director of Public Works shall keep an accurate record of the cost of such work.

9811 – LIEN

Any lien for the cost incurred by the City in securing a building or structure from unlawful entry shall be subordinate to any mortgage, trust deed or other lien of any person who received no notice pursuant to either Section 9801 or 9807.

9812 – BUILDING OFFICIAL

Nothing in this chapter shall be deemed to preclude, prohibit or restrict the Building Official from securing the prompt demolition or repair of buildings found to be substandard or unsafe under other provisions of the code.

9813 – EMERGENCY PROCEDURES

Whenever the conditions described in Section 9801 constitute such an immediate hazard that access to the building or structure must be limited or closed immediately or within less than the designated period and either the sheriff or the chief of the fire department so finds and so notifies the Building Official, then he or she shall limit access to such building through the Director of Public Works (as provided in Section 9810) or by contract, or otherwise, after giving such notice to the record owner or the person in charge, or both as the circumstances will permit or without any notice whatever when, in the opinion of the sheriff or chief of the fire department, immediate action is necessary.

9814 – HEARING AS TO NECESSITY AND COST

The provisions of this chapter that provide for hearings shall apply to any person having any right, title or interest in any building secured pursuant to Section 9813. Such person may request a hearing as to the necessity and reasonable cost of the work performed pursuant to Section 9813 within 10 days after the building is secured or within 10 days after receiving notice of such work.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.300 Adoption of Palmdale Electrical Code.

Articles 90 through 840 inclusive, Chapter 9, of the California Electrical Code, 2022 Edition, published by the National Fire Protection Association 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 and cited as the Palmdale Electrical Code of the City of Palmdale. The Palmdale Electrical Code may be referred to herein as the PEC. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.330 Copy of electrical code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Electrical Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.340 Adoption of Palmdale Electrical Code Chapter 1, Administrative Provisions.

See PMC 8.04.200, Adoption of administrative provisions for the Palmdale Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Code. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.400 Adoption of the Palmdale Fire Code.

Title 32, Fire Code, of the Los Angeles County Code, as amended from time to time, adopting the 2022 Edition of the California Fire Code and 2021 Edition of the International Fire Code, as amended by Title 32 Los Angeles County Fire Code, is adopted and incorporated herein by reference and shall constitute, and may be cited as, the “Palmdale Fire Code.” A copy of the Palmdale Fire Code has been deposited in the Office of the City Clerk and is maintained for use and examination by the public. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.410 Definitions.

Whenever any of the following names or terms are used in the Palmdale Fire Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:

(A) “Board of Supervisors” means the Palmdale City Council.

(B) “County” or “County of Los Angeles” means the City of Palmdale.

(D) “No fireworks zone” means that area shown on that certain map entitled “No Fireworks Zone of Palmdale, California” and dated April 1, 2010, incorporated herein by reference and kept on file in the office of the City Clerk and maintained for use and examination by the public. The “no fireworks zone” is generally described as the area within the City of Palmdale which lies along the following lines:

Point of beginning at the intersection of Rancho Vista Boulevard and 30th Street West, areas south and west of Rancho Vista Boulevard, north of the common boundary line of Tracts 62490 and 45003 to Avenue N-8; south and west of Avenue N-8 from Rancho Vista Boulevard to 55th St. West; west of 55th Street West to the common tract boundary line of Tracts 43810 and 43883; south of tract boundary of Tract 43810 from 55th Street West to 60th Street West (Godde Hill Road).

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.430 Fireworks – Safe and sane fireworks permitted.

A new Section 3308.2 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.2. Safe and Sane Fireworks Permitted.

A. Notwithstanding any other provision of the Palmdale Fire Code, “safe and sane” fireworks as defined by Section 12529 of the California Health and Safety Code may be sold and discharged within the City (except those areas of the City excluded in subsection (C) of this section) during the period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 noon on the fifth day of July of each year pursuant to the provisions of this chapter and not otherwise.

B. No “safe and sane” fireworks may be sold or discharged on any date or time other than those specified in subsection (A) of this section.

C. No “safe and sane” fireworks, nor any other fireworks, may be sold or discharged in the areas of the City designated as a Very High Fire hazard Severity Zone by PMC § 8.04.203 () or in the “No Fireworks Zone.”

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.440 Fireworks – Dangerous prohibited.

A new Section 3308.3 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.3. Dangerous Fireworks Prohibited.

Except pursuant to a license or permit issued by the Fire Marshall, it shall be unlawful for any person to possess, store, manufacture, transport, give, hold for others, offer for sale, expose for sale, sell at retail or wholesale, or use, discharge or explode, within the City, any fireworks which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code of the state of California. Safe and sane fireworks shall include only those fireworks that have been classified and registered as “safe and sane” by the State Fire Marshal.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.450 Fireworks – Permit – Required.

A new Section 3308.4 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.4. Fireworks Permit Required.

No person shall sell fireworks within the City without first having applied for and received a permit from the office of the State Fire Marshal. Additionally, no person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this chapter.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.460 Fireworks – Permit – Application – Procedure.

A new Section 3308.5 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.5. Fireworks Permit – Application – Procedure.

(A) Applications for a permit:

(1) Shall be made in writing and shall be submitted with an approved temporary use permit; and a $300,000 combined single limit liability insurance policy, with a rider attached to the policy designating the City as an additional insured thereunder;

(2) Shall be filed with the Director of Planning or designee based upon the following procedure and shall be approved in the order in which they are received; provided, that there are spaces available as specified in PMC § 8.04.500(E) (Fireworks – Stand – Operation):

(a) For organizations which obtained a permit the previous year, applications shall be filed on or after March 15th of each year, but in all cases prior to April 1st of each year,

(b) For those organizations that did not obtain a permit during the previous year or which are making their first application, a preapplication shall be filed on or after March 1st of each year, but in all cases prior to March 15th of each year, to verify eligibility. Subsequently, an application shall be filed on or after March 15th of each year, but in all cases prior to April 1st of each year;

(3) Shall set forth the proposed location of any and all fireworks stands in pursuant to the provisions of PMC § 17.98.020(E)(1)(e) (Temporary uses);

(4) Shall be accompanied by a fee of $220.00.

(B) Applicants for such permits shall be notified by the Director of Planning or designee of their approval or rejection on or before the first of June of each year.

(Ord. 1614 § 4 (Exh. I), 2023; Ord. 1410 § 2 (Exh. A), 2010)

8.04.470 Fireworks – Permit – Application – Contents.

A new Section 3308.6 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.6. Safe and Sane Fireworks – Permit Application – Contents.

Each application shall show the following:

A. Name and address of organization.

B. Proof of the organization’s status as a currently registered nonprofit organization, in good standing, in both the form of Internal Revenue Service and Franchise Tax Board documentation;

C. The names and addresses of the officers and board members, if any, of the organization;

D. The location where the organization will sell safe and sane fireworks;

E. When the organization or group was established;

F. The location of the organization’s principal meeting place, rented or owned, which shall be within the City limits of Palmdale;

G. The organization’s California Department of Tax & Fee Administration seller’s permit number; and

H. A listing of all expenditures of proceeds from the sale of safe and sane fireworks actually made the previous year for youth, veteran, patriotic, welfare, civic betterment or charitable purposes in Palmdale on the form provided by the City entitled ‘report of disbursements of net proceeds from the sale of safe and sane fireworks in [year]’ (made with applications commencing with the 2021 Safe and Sane Fireworks Application process). A new safe and sane fireworks sale permittee shall file the same form listing all expenditures for youth, veteran, patriotic, welfare, civic betterment or charitable purposes in Palmdale for the prior year. Commencing with the 2020 safe and sane fireworks sales season and continuing each year thereafter, each organization that received and conducted sales pursuant to a City-issued safe and sane fireworks permit, shall file an itemized report of receipts & expenditures for the sales of safe and sane fireworks for the most recent sales season on a form provided by the City by August 31st. Failure to file either form may result in denial of issuance of any further safe and sane fireworks permits.

(Ord. 1547 § 1, 2020; Ord. 1410 § 2 (Exh. A), 2010)

8.04.480 Fireworks – Permit – Deposits.

A new Section 3308.7 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.7. Fireworks Permit – Deposits.

Upon receipt of written application for a permit pursuant to this chapter the City Manager shall cause an investigation to be made and submit to the City Council a report of findings and recommendations for or against the issuance of the permit, together with reasons therefor. After receipt of the recommendations and report, the City Council shall have the power in its discretion to grant or deny the application. Any permit granted by the City Council may be subject to such reasonable conditions and restrictions as may be imposed by the City Council, and such conditions and restrictions shall be complied with by the permittee. The Council shall require a cash deposit with the City Clerk in the sum of $200.00 for each fireworks stand to be used by applicant, as a condition of granting a permit. One hundred dollars of the deposit shall be refunded to the permittee upon compliance with PMC 8.04.500 and 8.04.510, but the deposit shall be forfeited and retained by the City in the event of noncompliance with PMC 8.04.500 and 8.04.510. The other $100.00 shall be retained by the City as a license fee for the business and no other business license shall be required of the applicant for conducting the business. The amount of the fees set forth in this section shall be paid, unless the City Council subsequently adopts a resolution setting forth different fees, in which event the fees provided for in said resolution shall be paid.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.490 Fireworks – Permit – Eligible organizations.

A new Section 3308.8 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.8 Safe and Sane Fireworks Permit – Eligible Organizations.

No permit shall be issued to any person except nonprofit associations or corporations organized primarily for youth, veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have its principal meeting place in the City, or draw more than 50 percent of its active members from within the incorporated City and must have been organized and established in the area that is within the City for at least twelve (12) months preceding the filing of the application for the permit, and must have a bona fide membership of at least 20 members.

(Ord. 1547 § 2, 2020; Ord. 1410 § 2 (Exh. A), 2010)

8.04.500 Fireworks – Stand – Operation.

A new Section 3308.9 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.9. Fireworks Stand – Operation.

The following regulations shall be complied with in the operation of fireworks stands:

(A) No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the profits of the operation of the stand.

(B) No person other than the individuals who are members of the licensee organization, or the spouses or children 18 years of age or older, of the members shall sell or otherwise participate in the sale of fireworks at the stand.

(D) Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand.

(E) Only one such permit shall be issued for each 3,000 persons or fraction thereof residing in the City.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.510 Fireworks – Stand – Construction.

A new Section 3308.10 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.10. Fireworks Stand – Construction.

All retail sales of “safe and sane” fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Such temporary stands shall be subject to the following provisions:

(A) Fireworks stands need not comply with the provisions of the building code of the City; however, stands shall be of wood or metal construction not exceeding a depth of more than 12 feet, built with solid roof, rear wall and ends. The front shall be solid wood or metal three feet six inches in height from ground level to the display shelf. The display shelf shall have a panel of unbreakable or wire mesh glass or one-fourth-inch mesh screen wires a minimum of 18 inches in height between the public and the display of fireworks. All stands shall be erected under the supervision of the Inspector who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons. An electrical permit and compliance with electrical codes are required.

(B) If, in the judgment of the Fire Department Inspector, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this chapter, the officer may order the stands immediately closed.

(D) There shall be at least one supervisor, 21 years of age or older, on duty at all times.

(E) No fireworks shall remain unattended at any time, regardless of whether the fireworks stand is open for business or not. No person shall sleep or remain inside any stand when it is not open for business.

(F) No stand shall be located within 25 feet of any non-fire-resistive building (brick, stucco, etc.).

(G) “NO SMOKING” signs shall be prominently displayed, both inside and outside the stand, letters to be not less than three inches in height. No smoking shall be permitted within the stand or within 15 feet of the stand.

(H) All weeds and combustible material shall be cleared for a distance of 25 feet from the location of the stand. No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist.

(I) No stand shall be erected before June 20th of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon of the eighth day of July following.

(J) All stands must be equipped with at least two-and-one-half-gallon water-type fire extinguishers, which fire extinguishers must be approved as to efficiency and safety by the Fire Department Inspector.

(K) Stands shall have exits at least 30 inches in width at both ends of the structure. In instances where stands exceed 32 inches in length, then one additional exit at least 30 inches in width shall be provided so that the maximum distance between exits does not exceed 24 feet. No supplies or other materials shall be stored in front of the exit doors. Exit doors shall open outward from the stand. No parking of vehicles shall be permitted within five feet of exits.

(L) Fireworks unsold or remaining on premises after the authorized sales period shall be returned to the approved storage facilities of a licensed fireworks wholesaler, or to a magazine or storage place approved by the fire chief.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.520 Responsibility.

A new Section 3308.11 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.11. Responsibility.

(A) All persons concerned in the commission of any violation of the provisions of this Chapter, whether it be misdemeanor, infraction, or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or own property that the violation occurs on, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed.

(B) Any person who personally or through another wilfully, negligently or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not pursuant to nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or wilfully or negligently allows the continuation of a violation of the Palmdale Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied.

(Ord. 1634 § 9, 2024; Ord. 1614 § 4 (Exh. I), 2023; Ord. 1410 § 2 (Exh. A), 2010)

8.04.530 Violations and penalties.

A new Section 3308.12 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.12. Violations and Penalties.

(A) Every person violating any provision of the Palmdale Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is otherwise specifically declared to be an infraction by the fire code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed.

(B) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Chapter 1.12 PMC.

(D) Violations of any provision of the Palmdale Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto are deemed to be a nuisance, and may be abated as such by the City as provided in PMC Chapter 8.36. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, 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 the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code and Green building code.

(Ord. 1605 § 19, 2023; Ord. 1410 § 2 (Exh. A), 2010)

8.04.540 Infractions.

A new Section 3308.13 is hereby added and incorporated into the Palmdale Fire Code to read as follows:

3308.13 Infractions.

Reference the Los Angeles County Fire Code for designated infractions.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.550 Amendments to Chapter 49, Requirements for Wildland-Urban Interface, of the Palmdale Fire Code.

Section 4902.1, Definitions, of the Palmdale Fire Code as adopted by incorporation of Title 32, Fire Code, of the Los Angeles County Code, is amended to read as follows:

Local Agency Very High Fire Hazard Severity Zone shall read as follows:

Local Agency Very High Fire Hazard Severity Zone – see Palmdale Building Code, Chapter 7A.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.555 Amendment to Appendix B, Fire Flow Requirements for Buildings.*

Section B105.4, Land Subdivision Projects, is amended to read as follows:

For the subdivision of undeveloped land, due to the undetermined building size and type of construction, the required fire-flow shall be 4,000 gallons per minute (18927 L/min) for duration of four hours with public hydrant spacing of 300 feet. The required fire-flow for the subdivision of land consisting of lots having existing structures shall be in accordance with Table B105.1 for fire-flow and duration.

(Ord. 1410 § 2 (Exh. A), 2010)

* Code reviser’s note: Ordinance 1410 adds this section as PMC 8.04.550. It has been editorially renumbered to avoid duplication of numbering.

8.04.600 Adoption of the Palmdale Plumbing Code.

Chapters 2 to 13, inclusive, Chapters 15, 16, 17 and Appendix Chapters A, B, D, G, H, and I of the California Plumbing Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials and the California Building Standard Commission of the state of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Plumbing Code and can be referenced as the PPC. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.610 Copy of plumbing code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Plumbing Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.630 Adoption of Palmdale Plumbing Code Chapter 1, Administrative Provisions.

8.04.700 Adoption of Palmdale Mechanical Code.

Chapters 2 to 17 inclusive and Appendix Chapters D and G of the California Mechanical Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials and the Building Standards Commission of the state of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Mechanical Code of the City of Palmdale and can be referenced as the PMC. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.710 Copy of mechanical code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Mechanical Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.730 Adoption of the Palmdale Mechanical Code Chapter 1, Administrative Provisions.

8.04.750 Adoption of Palmdale Residential Code.

Chapters 2 to 10 inclusive, Chapter 44, Appendix Chapter AH, Patio Covers, Appendix AX, Swimming Pools, and Appendix AZ, Emergency Housing of the California Residential Code, 2022 Edition, published by the International Code Council and the Building Standards Commission of the State of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Residential Code of the City of Palmdale and can be referenced as the PRC. (Ord. U-1635 § 3, 2024; Ord. 1595 § 1 (Exh. A), 2022)

8.04.751 Copy of residential code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Residential Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.752 Adoption of the Palmdale Residential Code Chapter 1, Administrative Provisions.

8.04.753 Amendments to Chapter 3 of the Palmdale Residential Code.

Table R301.2(1) is amended to read as follows:

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground Snow Load	Wind Design				Seismic Design Categoryf	Subject To Damage From			Winter Design Tempe	Ice Barrier Underlayment Requiredh	Flood Hazardsg	Air Freezing Indexi	Mean Annual Tempj
Ground Snow Load	Speedd (Mph)	Topographic Effectsk	Special Wind Regioni	Windborne Debris Zonem	Seismic Design Categoryf	Weatheringa	Frost line Depthb	Termitec	Winter Design Tempe	Ice Barrier Underlayment Requiredh	Flood Hazardsg	Air Freezing Indexi	Mean Annual Tempj
20 lbs/sq. ft.	95	No	No	No	D2	Negligible	12	Yes	21	No	See PMC Sec. 15.28	1500	60°

MANUAL J DESIGN CRITERIA
n
Elevation	Latitude	Winter heating	Summer cooling	Altitude correction factor	Indoor design Temperature heating	Indoor Design temperature cooling	Heating temperature difference
2542	34 degrees North	99% DB 24 degrees F	1% DB 98 degrees F	1.00	70 degrees F	75 degrees F	45 degrees F
Cooling Temperature difference	Wind Velocity heating	Wind Velocity cooling	Coincident wet bulb	Daily range	Winter humidity	Summer humidity
23 degrees F	15 mph	7.5 mph	67	H	50% RH	55%/ -31 50% / -24 45%/ -18

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.

h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index- USA Method (Base 32°)” at www.ncdc.noaa.gov/fpsf.html.

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F)” at www.ncdc.noaa.gov/fpsf.html.

k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdictions shall indicate “NO” in this part of the Table.

n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.754 Amendments to Chapter 4 of the Palmdale Residential Code.

Chapter 4, Foundations, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:

Sections R403.1.2, R403.1.3 and R403.1.5 of the Palmdale Residential Code as adopted by the incorporation of the California Residential Code are amended to read as follows:

R403.1.2 Continuous footing in Seismic Design Categories D0, D1 and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall panels in buildings shall be supported by continuous footings.

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

R403.1.1.1

In Seismic Design Categories D0, D1 and D2 where construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings located in Seismic Design Category A, B or C which are three stories or less in height and constructed with stud bearing walls, plain concrete footings without longitudinal reinforcement supporting walls and isolated plain concrete footings supporting columns or pedestals are permitted.

R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).

For structures assigned to Seismic Design Categories D0, D1 and D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure R403.1.5.

FIGURE R403.1.5

STEPPED FOOTING

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.755 Amendments to Chapter 5 of the Palmdale Residential Code.

Chapter 5, Floors, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:

Section R503.2.4 is added to Chapter 5 of the 2022 Edition of the California Residential Code to read as follows:

R503.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.

a. Blockings shall be provided beyond headers.

b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa).

c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.

FIGURE R503.2.4

OPENINGS IN HORIZONTAL DIAPHRAGMS

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.756 Amendments to Chapter 6 of the Palmdale Residential Code.

Chapter 6, Wall Construction, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:

Lines 20, 21, 24, and 34 through 37 of Table R602.3(1) of the 2022 Edition of the California Residential Code are amended to read as follows:

TABLE R602.3(1)—continued FASTENING SCHEDULE
ITEM	DESCRIPTION OF BUILDING ELEMENTS	NUMBER AND TYPE OF FASTENERa, b, c	SPACING AND LOCATION
20 k	1" × 6" sheathing to each bearing	3-8d box (2½" × 0.113"); or 2-8d common (2½" × 0.131"); or 2-10d box (3" × 0.128"); or 2 staples, 1" crown, 16 ga., 1¾" long	Face nail
21 k	1" × 8" and wider sheathing to each bearing	3-8d box (2½" × 0.113"); or 3-8d common (2½" × 0.131"); or 3-10d box (3" × 0.128"); or 3 staples, 1" crown, 16 ga., 1¾" long	Face nail
21 k	1" × 8" and wider sheathing to each bearing	Wider than 1" × 8" 4-8d box (2½" × 0.113"); or 3-8d common (2½" × 0.131"); or 3-10d box (3" × 0.128"); or 4 staples, 1" crown, 16 ga., 1¾" long	Face nail
Floor
24 k	1" × 6" subfloor or less to each joist	3-8d box (2½" × 0.113"); or 2-8d common (2½" × 0.131"); or 3-10d box (3" × 0.128"); or 2 staples, 1" crown, 16 ga., 1¾" long	Face nail
Other wall sheathing
34 k	1/2" structural cellulosic fiberboard sheathing	1½" x 0.120” galvanized roofing nail, 7/16" head diameter, or 1¼" long 16 ga. staple with 7/16" or 1" crown	3	6
35 k	25/32" structural cellulosic fiberboard sheathing	1¾" x 0.120” galvanized roofing nail, 7/16" head diameter, or 1¼" long 16 ga. Staple with 7/16" or 1" crown	3	6
36 k	1/2” gypsum sheathingd	1½” x 0.120” galvanized roofing nail, 7/16" head diameter, or 1¼” long, 16 ga.; staple galvanized, 1½" long; 7/16” or 1" crown or 1¼" screws, Type W or S	7	7
37 k	5/8" gypsum sheathingd	1¾" galvanized roofing nail, 7/16” head diameter, or 1¼" long, 16 ga.; staple galvanized, 1½" long; 7/16" or 1" crown or 1¼" screws, Type W or S	7	7

k. Use of staples in roof, floor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.

Footnote “b” of Table R602.3(2) of the 2022 Edition of the California Residential Code is amended to read as follows:

b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.

Table R602.10.3(3) of the 2022 Edition of the California Residential Code is amended to read as follows:

a. Linear interpolation shall be permitted.

b. Interpolation of bracing length between the Sds values associated with the seismic design categories shall be permitted when a site-specific Sds value is determined in accordance with Section 1613.2 of the California Building Code.

c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table.

d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws in accordance with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board. Spacing of fasteners at panel edges shall not exceed 8 inches.

e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1, and D2.

f. Methods PFH, PFG and ABW are only permitted on a single story or a first of two stories.

g. Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.

h. One- and two- family dwellings in Seismic Design Category D2 exceeding two stories shall be designed in accordance with accepted engineering practice.

i. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1, and D2. Methods DWB, SFB, PBS, HPS, and CS-SFB are not permitted in D0, D1 and D2.

Table R602.10.4 of the 2022 Edition of the California Residential Code is amended to read as follows:

a. Adhesive attachment of wall sheathing, including Method GB, shall not be permitted in Seismic Design Categories C, D0, D1 and D2.

b. Applies to panels next to garage door opening where supporting gable end wall or roof load only. Shall only be used on one wall of the garage. In Seismic Design Categories D0, D1, and D2, roof covering dead load shall not exceed 3 psf.

c. Garage openings adjacent to a Method CS-G panel shall be provided with a header in accordance with Table R602.7(1). A full-height clear opening shall not be permitted adjacent to a Method CS-G panel.

d. Method CS-SFB does not apply in Seismic Design Categories D0, D1, and D2.

e. Method applies to detached one- and two- family dwellings in Seismic Design Categories D0 through D2 only.

f. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1, and D2. Methods LIB, DWB, SFB, PBS, HPS, and PFG are not permitted in SDC D0, D1, and D2.

g. Use of staples in braced wall panels shall be prohibited in SDC D0, D1, and D2.

Figure R602.10.6.1 of the 2022 Edition of the California Residential Code is amended to read as follows:

Figure R602.10.6.2 of the 2022 Edition of the California Residential Code is amended to read as follows:

Figure R602.10.6.4 of the 2022 Edition of the California Residential Code is amended to read as follows:

Section R803.2.4 is added to Chapter 8 of the 2022 Edition of the California Residential Code to read as follows:

R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.

(Ord. 1595 § 1 (Exh. A), 2022)

8.04.757 Amendments to Chapter 8 of the Palmdale Residential Code.

Chapter 8, Roof-Ceiling Construction, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:

Section R802.8 of the 2010 Edition of the California Residential Code is amended to read as follows:

R802.8 Lateral support. Roof framing members and ceiling joists having a depth-to-thickness ratio exceeding 2 to 1 based on nominal dimensions shall be provided with lateral support at points of bearing to prevent rotation. For roof rafters with ceiling joists attached per Table R602.3(1), the depth-thickness ratio for the total assembly shall be determined using the combined thickness of the rafter plus the attached ceiling joist.

(Ord. 1410 § 2 (Exh. A), 2010)

8.04.775 Adoption of Palmdale Green Building Standards Code.

Chapters 2 to 8 inclusive, and Appendix Chapters A4 and A5 of the California Green Building Standards Code, 2022 Edition, published by the Building Standards Commission of the State of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Green Code of the City of Palmdale and can be referenced as the PGC. (Ord. 1595 § 1 (Exh. A), 2022)

8.04.776 Copy of green code maintained by City Clerk.

A copy of the ordinance codified in this chapter and the California Green Code adopted herein by reference shall be kept in the office of the City Clerk and maintained for use and examination by the public. (Ord. 1410 § 2 (Exh. A), 2010)

8.04.777 Adoption of the Palmdale Green Code Chapter 1, Administrative Provisions.

8.04.800 Adoption of housing code by reference.

Except as herein provided or amended, Chapters 1 to 16 inclusive of the 1997 Uniform Housing Code published by the International Conference of Building Officials are incorporated herein by reference as if fully set forth below and shall be known as Chapters 1 to 16 inclusive of the Palmdale housing code. (Ord. 1299 § 8, 2007)

8.04.810 Copy of housing code maintained by Building Official.

A copy of the Palmdale housing code shall be filed in the office of the Building Official for review. (Ord. 1408 § 3, 2010; Ord. 1299 § 8, 2007)

8.04.820 Violations and penalties.

It is 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, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.

It is unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.

Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation, such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this code are deemed to be a nuisance and may be abated as such by the City as provided in Chapter 8.36 PMC. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this Section 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 code. (Ord. 1605 § 20, 2023; Ord. 1299 § 8, 2007)

8.04.830 Definitions amended.

Definitions shall be amended with additions of the following definitions:

(A) “Housing Advisory and Appeals Board” shall mean the Appeals Board of the Palmdale building code.

(B) “Repair and demolition fund” shall mean the City’s general fund.

(Ord. 1299 § 8, 2007)

8.04.900 Adoption of code.

Except as herein provided or amended, Chapters 1 to 9 inclusive of the 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, are incorporated herein by reference as if fully set forth below and shall be known as Chapters 1 to 9 inclusive of the Palmdale abatement of dangerous buildings code. (Ord. 1299 § 8, 2007)

8.04.910 Code available for review.

A copy of the Palmdale abatement of dangerous buildings code shall be filed in the office of the Building Official for review. (Ord. 1408 § 3, 2010; Ord. 1299 § 8, 2007)

8.04.920 Violations and penalties.

It is unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the City, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.

Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted. Upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this code are deemed to be a nuisance and may be abated as such by the City as provided in Chapter 8.36 PMC. The City may enforce any violation of this code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. Furthermore, the provisions for punishment in this section 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 code. (Ord. 1605 § 21, 2023; Ord. 1299 § 8, 2007)

8.04.930 Fees.

When a building permit is required or any code enforcement action is taken under this code, all applicable fees of the Palmdale building code shall apply. (Ord. 1299 § 8, 2007)

8.04.940 Definitions amended.

Section 301, General, shall be amended by the addition of the following:

(A) “Appeals Board” is the appeals board of the Palmdale Building Code.

(B) “Repair and demolition fund” means the city’s general fund.

(C) Dangerous buildings shall include any construction which has stopped work for two years. Evidence of work shall be the passing of an inspection in the normal progress of work.

(Ord. 1299 § 8, 2007)