113.1 General. The City Council shall hear and decide appeals
of orders, decisions or determinations made by the Building Official
relative to the application and interpretation of this Code. The City
Council shall render all decision and findings in writing to the appellant
with a duplicate copy to the Building Official.
113.2 Limitations and Authority. The City Council shall have
the authority to hear and decide appeals of orders, decisions or determinations
made by the Building Official relating to building standards of the
California Building Standards Code.
113.3 Procedure for Filing an Appeal. Any person desiring a
review of a decision by the Building Official may file a request with
the City Council for a hearing, upon the forms provided by the Building
Official within ten (10) days after the date of said decision. The
effect of the decision to be reviewed is suspended until the termination
of the hearing.
113.4 Hearing. The City Council shall fix the time and place
of the hearing which shall be at a meeting of the City Council held
not less than five (5) nor more than fifteen (15) working days after
the date of filing of the request for hearing. The City Council shall
give written notice of the time and place of the hearing to the applicant
and the Building Official. Witnesses may be sworn and examined, and
evidence produced by the interested parties who shall appear in person
only. The Board shall keep a record of the proceedings of each hearing.
113.5 Recommendation of the Board. The City Council shall make
written findings and conclusions of its recommendations to the Building
Official within five (5) days after the close of the hearing. The
affirmative vote of not less than three (3) members shall constitute
the recommendation of the Council.
(Ord. 747 § 4, 2022)
Every permit issued by the Building Official under the provisions
of this Code shall expire by limitation and become null and void if
the building or work authorized by such permit is not commenced within
twelve (12) months from the date of such permit, if the building or
work authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of one hundred eighty (180)
days, or if the building or work authorized by such permit is not
completed within two (2) calendar years from the issuance date of
the permit.
Before such work can be recommenced, a new permit, or a renewed
permit as specified below, shall be first obtained.
For permits where work has not commenced, a renewed permit may
be obtained provided that: (1) no changes have been made or will be
required in the original plans and specifications for such work; (2)
the expiration has not exceeded two (2) years from the original issuance
date; and (3) a fee equal to one half the amount required for a new
permit is paid.
For permits where work had commenced and was subsequently suspended
or abandoned, a renewed permit may be obtained provided that: (1)
No changes have been made or will be required in the original plans
and specifications for such work; (2) the expiration has not exceeded
two (2) years from the original issuance date; and (3) a fee equal
to one half the amount required for a new permit is paid, except that
where construction has progressed and has been approved to the point
whereby only a final inspection is required, a fee equal to one quarter
the amount required for a new permit shall be paid.
For permits where construction activities have exceeded two
(2) years beyond the issuance date or any extension thereof, a renewed
permit is required. The renewed permit shall not be issued unless
the permittee signs an agreement committing to complete the building,
or at a minimum to complete all exterior work including but not limited
to painting and landscaping, within a reasonable period of time as
determined by the Building Official. The permittee shall post a completion
bond in the estimated amount of the work remaining to be done.
Any permittee holding an unexpired permit may apply for an extension
of the time within which work under that permit may be continued when,
for good and satisfactory reasons, he was unable to complete the work
within the time required by this Section. The Building Official may
extend the time for completion by the permittee for one or more periods
not exceeding one hundred eighty (180) days upon written request by
the permittee showing that circumstances beyond the control of the
permittee have prevented completion of the construction work. The
Building Official may require the permittee to sign an agreement committing
to complete the work within a reasonable period of time as determined
by the Building Official and to post a completion bond in the estimated
amount of the work remaining to be done.
Failure to complete the work of construction within the time
required is a violation subject to punishment as provided in the Indian
Wells Municipal Code. The Building Official is authorized to abate
any unsafe condition or nuisance created by such incomplete work.
(Ord. 747 § 4, 2022)
The fee for each permit shall be as set forth by fee resolution
of the City Council.
(Ord. 747 § 4, 2022)
The following sentence is added to Section 110.1 of the California
Building Code to read as follows:
Survey stakes shall be provided prior to first inspection and
maintained so they are clearly visible until after the Certificate
of Occupancy has been issued, except for repair or remodeling work
which does not relate to setback requirements.
(Ord. 747 § 4, 2022)
Section 1505.1 is amended to read as follows:
Section 1505.1. The roof covering on any new residential structure
regulated by this Code shall be a Class A roof covering as specified
in Section 1505.2. All roof coverings on new structures shall be Class
A roof covering as specified in Section 1505.2. The Class A roof covering
shall comply with the test standard for determining fire retardancy
of roof covering materials and comply with the Indian Wells Building
Code.
(a) The roof-covering assembly includes the roof deck, interlayment,
insulation, and the Class A covering.
(b) Re-Roofing an Existing Structure. All re-roofings of existing structures,
including partial re-roofings, shall be Class A fire retardant roof
coverings that conform to
California Building Code, 2019 Edition for
Class A roof coverings.
(Ord. 747 § 4, 2022)
Section 903.2.8.2 is added to read as follows:
Where over 50% of the roof framing is removed on a residential
structure, in addition to over 50% of the structure's exterior
walls, the reconstruction shall be subject to incorporation of a fire
sprinkler system throughout the entire structure.
(Ord. 747 § 4, 2022)