A. 
Except for the local amendments set forth herein, there is adopted by reference the California Residential Code, 2022 Edition, which is based upon the 2021 International Residential Code and is published by the California Building Standards Commission as Part 2.5 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the building and safety division.
B. 
The California Residential Code, 2022 Edition (hereinafter "Residential Code") shall be the Residential Code for the city and said Code together with the adopted appendices and the amendments set forth in this chapter shall regulate and govern the conditions and maintenance of all one- and two-family properties, buildings and structures within the city by providing the standards for supplied utilities and facilities and other physical things and condition essential to ensure that structures are safe, sanitary and fit for occupation and use and providing for the condemnation and demolition of buildings and structures that are unfit for human occupancy and use, and the issuance of permits and collection of permit fees.
(Ord. 698 § 9, 2010; Ord. 728 § 8, 2013; Ord. 782 § 7, 2016; Ord. 834 § 7, 2020; Ord. 866 § 7, 2022)
A. 
The following modifications, amendments and deletions are made to the Residential Code:
1. 
Section R103.1 is amended to read as follows:
R103.1 Creation of enforcement agency. There is established within the City, the Building and Safety Division, which shall be under the administrative and operational control of the Chief Building Official hereinafter referred to as the Chief Building Official.
2. 
Paragraph 2 of the Building portion of Section R105.2 is amended to reduce the height of fences which are exempt from permit requirements:
Building:
a. 
Fences and walls not over 3 feet.
3. 
Paragraph 3 of Section R105.2 is amended to change the exemption from permit requirements for retaining walls that are not over two feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. 
Section R106.5 is amended to read as follows:
R106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 90 days from date of completion of the permitted work.
5. 
Section R108.1 is amended to read as follows:
R108.1 Payment of fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit under this Residential Code, a fee for each permit shall be paid as required and in accordance with the fee schedule adopted by the City Council, a copy of which is on file with the Building and Safety Division.
6. 
Section R112.1 is amended to provide for the creation of the board of appeals:
R112.1 General. In order to determine the suitability of alternate materials and methods of construction governed by this Building Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the City of Cathedral City. Members of the Board of Appeals shall be appointed by the City Council and shall serve without compensation. Each member shall serve on the Board of Appeals for a term of 4 years. A member may be dismissed at any time during his or her term by a majority vote of the City Council. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board of Appeals shall be administered by the Chief Building Official or his or her authorized representative. The Board of Appeals shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board of Appeals shall render all decisions and findings in writing with a duplicated copy to the applicant and may recommend to the City Council such new legislation as is consistent therewith.
7. 
Section R112.2 is amended to limit the authority of the board of appeals:
R112.2 Limitations on authority. The Board of Appeals is created to determine the suitability of alternate materials and methods of construction governed by this Building Code. The Board of Appeals shall have no authority to waive requirements of the Building Code.
8. 
Section R112.3 is deleted.
9. 
Section R112.4 is deleted.
10. 
Section R112.5 is added to provide for the filing of appeals:
R112.5 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the Chief Building Official which is being appealed and wherein the Chief Building Official erred in making the order, decision or determination. The appeal shall be accompanied by a fee as established by the City Council. If, after reviewing the information submitted, the Chief Building Official determines the appeal does not merit a change in his or her order, decision, or determination, the Chief Building Official shall schedule a hearing by the Appeals Board and the appellant shall be notified in writing of the date and time of the hearing.
11. 
Section R113 is amended to provide for the enforcement of the Residential Code:
Section R113 VIOLATIONS
R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or to cause the same to be done, in conflict with or in violation of any provisions of this code. It shall be unlawful for any person to erect, construct, alter or repair a building or structure in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
R113.1.2 Public nuisance; Abatement. Any violation of this Building Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
R113.4 Penalties. Any person who violates a provision of this Residential Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this Residential Code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 13.65 (Infraction Violations) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
12. 
Section R115 is added and reads as follows:
Section R115 UNSAFE STRUCTURES AND EQUIPMENT
R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition.
R115.2 Unlawful acts. It shall be unlawful for any person, firm, or corporation to maintain as unsafe structures or equipment regulated by this code or cause the same to be done in conflict with or in violation of any provisions of this code.
13. 
Section R116 is added to require removal and disposal of trash and debris at building sites:
Section R116 REMOVAL AND DISPOSAL OF TRASH AND DEBRIS
R116.1 Trash containers. A t rash container(s) shall be placed on each construction site and shall remain in place until construction is completed. Each trash container shall be constructed of solid wood, metal or wire mesh and shall be a minimum of three cubic yards in capacity. Should wire mesh be utilized as a material for a construction site trash container, said container shall be framed to adequately support the wire mesh. The floor and cover of a container that is constructed of wire mesh shall be properly framed to provide adequate strength and support to withstand design loads and prevent breakage. Further, the lid for said container shall be hinged with a latching device that adequately secures the lid to the container while the container is not in use in order to prevent the lid from being blown open and/or off the container. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at- all- times while not in use. When construction is being performed simultaneously on an adjoining Jot by one owner or contractor, then both construction sites may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site. It shall be the contractor's responsibility to ensure that no container is located on or within any public right-of-way. It shall be the contractor's responsibility to ensure that all containers under his or her control are emptied of all deposited materials placed within said container(s) at least once every week. It shall be the contractor's responsibility to remove or cause to be removed all deposited materials within said container(s) as frequently as necessary to prevent overflowing of the container(s). A trash container shall be used at- all- times for storage of loose papers, cartons, bottles, cans, trash, and all other rubbish and debris. It shall be the contractor's responsibility to ensure that all individuals who are employed by him or her or act under his or her direction and control, observe and obey all regulations set forth herein.
R116.2 Inspections. A permit holder shall not be entitled to and a building inspector shall not perform any inspections, including a final inspection, of any phase of completed construction work if the construction site or general area thereof contains an accumulation of construction rubbish and debris. In-the-event that a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee shall be paid to the City at the time of the request for re-inspection.
R116.3 Definition. Rubbish and debris for the purpose of this section includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and other similar materials that result from the process of constructing a building or structure.
14. 
Section R303 is amended to read as follows:
Section R303 LIGHT, VENTILATION, HEATING AND AIR CONDITIONING
15. 
Add new Section R303.11 Required air conditioning, to read as follows:
R303.11 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms.
16. 
Section R403.1.7.3.1 is added to Chapter 4 of the Residential Code to provide criteria for the top of exterior foundation elevations for all residential structures, which shall read as follows:
R403.1.7.3.1 Minimum foundation elevation requirements. The top of exterior foundation elevation of all residential structures used for human occupancy shall meet the following criteria.
a. 
If no elevations have been fixed in connection with a permit or approval, the finished floor shall be located at the highest elevation required as set forth as follows:
i. 
On level lots, the top of the exterior foundation shall be elevated to a minimum of 18 inches above the top of the curb or the top of the crown of the street immediately in front of the subject lot.
ii. 
On lots where the lot drains toward the adjacent road or is subject to water impounded behind an adjacent road, the finished floor shall be elevated to a minimum of 18 inches above the top of the crown of the adjacent road.
b. 
The requirement of this section may be waived or modified by the Chief Building Official, in his or her sole discretion, upon the existence of one or both of the following circumstances:
i. 
If a proposed method of construction that is prepared by a registered civil engineer provides equivalent flood protection; or
ii. 
If the unique characteristics of a building site make the requirements unnecessary.
17. 
Section R902.1 of Chapter 9 of the Residential Code is amended by adding an additional exception to require the installation of clay or concrete tile roofs for all new buildings of Group R occupancies:
All new buildings of Group R occupancies that have a roof pitch of 2½ units vertical (or greater) in 12 units horizontal shall have coverings of clay or concrete tile conforming to ASTM C 1167 and ASTM C 1492, respectively, and shall be installed in accordance with Table R905.3.7.
18. 
Section R904.2.1 is added to Chapter 9 of the Residential Code to provide that roof of additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the chief building official:
R904.2.1 Additions and alterations. Roofs of all additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the Chief Building Official.
(Ord. 698 § 9, 2010; Ord. 728 § 8, 2013; Ord. 782 § 7, 2016; Ord. 834 § 7, 2020; Ord. 866 § 7, 2022)