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 the Palmdale Existing Building Code. Where, in any specific case, different sections of the PAP, Palmdale Building code, Plumbing code, Mechanical code, Electrical code, Residential code, Existing Building Code, Energy 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 PAP 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 PAP 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. |
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 PAP. |
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, Green Building Code and any additional codes adopted by the City of Palmdale. |
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, Green Building Code and any additional codes adopted by the City of Palmdale. |
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 and any additional codes adopted by the City of Palmdale are 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, Green building code and any additional codes adopted by the City of Palmdale. |
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 Economic and Community Development. |
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 Division. 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, Green building code, or other City of Palmdale adopted codes, 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, Green building code or other City of Palmdale adopted codes 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 and any other City of Palmdale adopted codes 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. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of any act or omission in the discharge of official duties. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. |
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 approval 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, Green building code, and other City of Palmdale adopted codes and ordinances, 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, Green building code, and other City of Palmdale adopted codes and ordinances, 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 Building 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. |
QUALIFIED PERSON(S) shall mean any person who obtains and possesses a valid certification, license, or other verification of applicable education, testing, or experience in a specific field or trade recognized by the State of California and approved by the 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 m) 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 light-framed structures accessory to a Group R-3 or U occupancy used as tool and storage sheds, playhouses, trellis structures, gazebos, arbors, greenhouses, and similar uses where the gross floor area does not exceed 120 square feet as measured to the outside walls or support posts and the structure. Structures must meet Planning Division requirements and comply with all of the following conditions: |
a. The floor is not more than 30 inches above the adjoining grade, |
b. The overall height is not more than 14 feet as measured from the adjacent grade, |
c. The structure is not constructed on a slope steeper than 3:1, |
d. The structure is not within a flood hazard or floodplain, |
e. The structure has no permanent heating or air-conditioning, |
f. The location of the structure is approved by the city’s Planning Division. |
2. Where allowed by the City’s Planning Division, chain link or wire fences not over 8 feet in height, wood, vinyl, or open wrought iron fences, block walls and pilasters not over 6 feet in height, where not constructed within a flood hazard or floodplain. |
3. Prefabricated water tanks supported directly on grade where the capacity does not exceed 5,000 gallons and the ratio of height to the diameter or width does not exceed one and one-half to one (1 1/2:1). |
4. Movable cases, counters, shelving, and partitions not over five feet nine inches high, except that all work shall comply with handicapped access provisions. |
5. One-story detached, greenhouses and pergolas having fifty percent of the roof structure open (lattice), provided the horizontally projected roof area does not exceed 120 square feet and is separated from existing structure(s) by a minimum of 10 feet. |
6. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a slope or surcharge. This exemption does not apply to retaining walls constructed on a slope steeper than 3:1, located in a floodplain, or impounding Class I, II or IIIA liquids. |
7. Motion picture, television and theater stage sets and scenery, except when used as a building. |
8. Radio and television antennae towers which do not exceed 30 feet in height and ground support dish antennas not exceeding 15 feet in height above finished grade in any position. |
9. Light standards on single-family residential property that do not exceed 10 feet in height (electrical permits required). |
10. Flagpoles not erected upon a building and not more than 20 feet high located on residential single-family property. Subject to Planning and Zoning requirements. |
11. 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. |
12. Temporary sheds, office or storage buildings, and other structures incidental to and work authorized by a valid grading or building permit and having obtained city planning department approval as determined by the Planning Division. Electrical and plumbing permits are required when there are any such connections associated with the temporary shed or construction trailer. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. |
13. Oil derricks. |
14. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. |
15. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade, the capacity does not exceed 5,000 gallons, is not constructed on a slope greater than 3:1 and the lowest point of the bottom of the pool is not more than 18 inches below adjacent grade and meet the Swimming Pool Fence and Gate requirements. Plumbing and electrical permits are required if applicable. |
16. Playground equipment. Structures or equipment accessory to a Group R-3 single-family occupancy that are intended solely for play or amusement, and that are clearly identifiable as play or amusement structures as determined by the Building Official, and that are no more than 14 feet in height above adjacent grade. These structures may include, but are not limited to: swings, slides, climbing structures and similar playground equipment, skateboard or bike ramps, pool slides, whether built-in or free-standing, basketball standards, tennis or sports courts (not including fencing or lighting), and similar structures. Notwithstanding, such structures must comply with all applicable zoning standards for use and location. Where a permanently constructed pool slide or other landscape feature also serves as part of a retaining wall, such portions of the construction that act as a retaining wall require a permit unless specifically exempted here in. An electrical permit shall be required for any permanently connected lighting or other electrical equipment. |
Permits shall not be required for the following repair or maintenance work: |
1. General building maintenance. |
2. Painting, papering, carpeting, and similar work. |
3. Repair of minor portions of a building or structure that otherwise would not require a permit, damaged by dry rot, termites, or deterioration, provided the elements being replaced do not reduce the integrity of the building or structure. |
4. Repairs to a roof on a building or structure not exceeding 10% of the total roof area or 100 square feet, whichever is less, provided such exempt limits are not exceeded within any one-year period of time, and the provisions of this code, including but not limited to, Title 24 California Energy Code, are met. |
5. Drywall repairs not exceeding 100 square feet when not part of a fire-rated assembly. |
6. Replacement of glass panes within existing frames provided the provisions of this code for safety glazing are met. |
7. Replacement of any component part of mechanical or electrical equipment, provided it does not alter the approval of such equipment or make such equipment unsafe. |
9. Replacement of any kitchen appliance, lamp, or bulb, or similar fixture, appliance, or other item of like type, where the appliance uses a standard plug to an existing power source and does not include any plumbing connection(s). |
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 (m), 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. 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. |
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 than 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. If applicable, shall indicate how the 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 design professional, 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 require prior approval of the Building Official. All applications submitted with documents indicating deferred items must be submitted with the City of Palmdale Deferred Submittal form filled out in its entirety and uploaded with the construction documents. Plan review of documents indicating deferred items will not be completed without the City of Palmdale Deferred Submittal form approved by 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, as required by the Palmdale Building Codes, 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. Special inspection information, including a schedule of special inspection type and duration, shall be part of the plan set and integrated with the plan(s). |
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. Special inspectors shall be registered with the City of Palmdale Building and Safety Division and shall have a valid registration number when performing work within the City of Palmdale. |
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. Structural observation information, including a schedule of structural observation type and field observer, shall be part of the plan set and integrated with the plan(s). |
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 "REVIEWED FOR CODE COMPLIANCE." 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 a 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 thereunder 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 the 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. |
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. |
Exception: |
1. A permit for AC or DC power-generating equipment connected to a public utility, including photovoltaic solar systems, Energy Storage Systems (ESS), and backup generators, shall not be issued to a homeowner without a licensed contractor associated with the permit and a signed State Contractor’s Declaration Form. Permits shall be issued to licensed contractors in accordance with state law. |
2. A permit for installing equipment connected to a public utility, including main electrical service panel upgrades, shall not be issued to the homeowner without a licensed contractor associated with the permit and a signed State Contractor’s Declaration Form. Permits will be issued to licensed contractors in accordance with state law. |
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. |
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: |
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: |
(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. |
Unless pursued in good faith applications for building, grading, landscape, and relocation building permits shall expire by limitation if the project’s plans and construction documents have not been stamped “REVIEWED FOR CODE COMPLIANCE” and the project fails to obtain all required City of Palmdale department and outside agency approvals within one year following the date of application or within the granted extension period. Plans and specifications previously submitted may thereafter be returned to the applicant or destroyed by the Building Official or City Engineer. Extension(s) may be granted for 12 months, not to exceed two extensions, and not to exceed 36 months total. No application shall be extended beyond one code cycle change from the code cycle in which the application was submitted. Any extension request must be submitted in writing to the Building Official. |
A new permit application shall be submitted upon expiration of an existing permit application. |
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: |