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HomeMy WebLinkAbout1773 - Uniform Building CodeORDINANCE NO. 1773 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1976 EDITION The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.04 of the Newport Beach Municipal Code is amended to read: Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 15.04.090 15.04.100 15.04.110 15.04.120 15.04.130 15.04.140 15.04.150 15.04.160 15.04.170 15.04.180 15.04.190 15.04.200 15.04.010 "Chapter 15.04. BUILDING CODE Adoption of Uniform Building Code. Addition of Section 103.5 to the Building Code. Addition of Section 108 to the Building Code. Addition of Section 109 to the Building Code. . Addition of Section 110 to the Building Code. Amendment to Section 201 of the Building Code. Amendment to Section 204 of the Building Code. Amendment to Section 205 of the Building Code. Amendment to Table No. 3 -A of the Building Code. Addition of Section 301(e) to the Building Code. Addition of Section 302(a) to the Building Code. Addition to Section 303(e), (f), (g), and (h) to the Building Code. Amendment to Table 5 -A of the Building Code. Amendment to Section 1501 of the Building Code. Addition of Section 1507 to the Building Code. Amendment to Section 1807(a) of the Building Code. Amendment to Section 35 of the Building Code, Sound Transmission Control Noise /Insulation Standards. Addition of Subsection 12 of Section 3802(b),to the Building Code. Addition to Section 3802(b) of the Building Code hereinbefore adopted in Section 15.04.010. Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. Adoption of Uniform Building Code. Subject to the particular additions, deletions and amendments hereinafter set forth in this Chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled 'Uniform Building Code, 1976 Edition, Volume 1' and 'Uniform Building 4 Code Standards, 1976 Edition' respectively, published by the, International Conference of Building Officials, and the whole thereof, including the appendix hereto, excluding therefrom Chapter 13, Existing Buildings, Chapter 35, Sound Transmission Control, and Chapter 51, 'Elevators, Dumbwaiters, Escalators and Moving Walks,' three (3) full printed • copies of which, printed as a Code in book form, were by the City Council ordered filed and which have been actually filed in the Office of the City Clerk and which, as so on file are hereby referred to, adopted and made a part hereof as fully and for all intents and purposes as though set forth herein at-length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed in the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and main- tenance of all buildings and structures in the City providing for issuance of permits and collection of fees therefor; pro- viding penalties for violation of such Code, declaring and establishing fire zones except as in this Code modified, amended or otherwise changed; and subject to said additions, deletions and amendments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated known and referred to as the 'Building Code' of and for the City of Newport Beach. 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 103.5 Construction in, on or over water. All construction work in, on or over the Pacific Ocean, Newport Bay or other water in which the tide ebbs and flows is regulated by Title 17 of the Newport Beach Municipal Code; provided, however, all construction, alteration, moving, demolition, repair and use of any building or structure located upon, in or over said waters shall comply with the standards established in the Building Code. No person shall do any such work without complying with the provisions thereof.' 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 108 Temporary Construction Use. An auto- mobile trailer, house, trailer, mobile home, camper, or similar vehicle may be located, occupied and used "on premises in the City where construction wor*is in , progress for the purpose of a construction office or for temporary lodging in connection with the construction work. Any person seeking such use or occupancy shall apply for a permit therefor from the Building Official. Such permit shall be issued only when the use and -2- occupancy comply with other provisions of this Code and upon a determination by the Building Official that under the circumstances will not adversely affect the health, peace, comfort, morals, or wel- fare of the proposed occupants or the public. Revo- cation shall be effected by the Building Official only after five (5) days' written notice to the permittee and an opportunity for the permittee to be heard by the Building Official. Notice may be by ordinary mail to the.last known address of the permittee. Any aggrieved person may appeal any decision of the Building Official to grant, deny or revoke a permit to the City Council. The City Council shall decide the matter after the permittee and person appealing have had an opportunity to be heard before the City Council. Notice of the date the matter shall be heard by the City Council shall be given in writing to the permittee and the person .appealing. Notice may be by ordinary mail to the last known address of each.' 15.04.040 Addition of Section 109 to the Building Code. Section 109 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 15.04.050 Addition of Section 110 to the Building Code. Section 110 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 110 Chemical Toilets for Construction Work. No person shall begin any construction project of any kind in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, complying with the provisions of this section, on the site of the construction for the first fifteen (15) employees or part thereof and one for each additional fifteen (15) employees or part thereof. Each toilet structure must be enclosed on the top and all sides, screened, ventilated and equipped with a self - closing door. The structure housing such toilet or toilets must have an inside area of 15 square feet for each toilet, a minimum ceiling height of 6 feet 6 inches, and a smooth floor not less than 6 inches above ground level. All facili- ties must be pumped out and recharged with a non- irritating chemical frequently enough to prevent odors or overflowing. All facilities required .' herein must be maintained during the period of construction. The Building Official may specify the location of the structure or structures on the construction site to assure its availability to. employees and to make it less offensive to occupants of surrounding property.' -3- 'Sec 109 Dwelling Floor Area. No building permit shall be issued for, and no person shall • erect, construct dwelling unit or move into the which contains less City, any than 600 square feet of floor area. In computing the floor area, garage space shall not be included therein.' 15.04.050 Addition of Section 110 to the Building Code. Section 110 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 110 Chemical Toilets for Construction Work. No person shall begin any construction project of any kind in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, complying with the provisions of this section, on the site of the construction for the first fifteen (15) employees or part thereof and one for each additional fifteen (15) employees or part thereof. Each toilet structure must be enclosed on the top and all sides, screened, ventilated and equipped with a self - closing door. The structure housing such toilet or toilets must have an inside area of 15 square feet for each toilet, a minimum ceiling height of 6 feet 6 inches, and a smooth floor not less than 6 inches above ground level. All facili- ties must be pumped out and recharged with a non- irritating chemical frequently enough to prevent odors or overflowing. All facilities required .' herein must be maintained during the period of construction. The Building Official may specify the location of the structure or structures on the construction site to assure its availability to. employees and to make it less offensive to occupants of surrounding property.' -3- • 15.04.060 Amendment to Section 201 of the Building Code. Section 201 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 201 There is hereby established in the City the Building Division of the Community Develop- ment Department. The Building Division shall be under the jurisdiction of the Building Official.' 15.04.070 Amendment to Section 204 of the Building Code.. Section 204 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'HOARD OF APPEALS Sec. 204 In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provision of this Code, there shall be and is hereby created a Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construc- tion. The Building Official shall be an ex- officio member and shall act as secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with the duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. Fees for an appeal hearing before the Board of Appeals are hereby established to be Seventy - Five Dollars ($75.00), payable at the time the applicant submits his request for a hearing. Should the applicant desire to withdraw his request prior to a public hearing, 80% of the fee paid shall be refunded in accordance.with the City ordinances.' 15.04.080 Amendment to Section 205 of the Building Code. Section 205 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 205 Violations and Penalties. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. -4- • 15.04.090 Amendment to Table No. 3 -A of the Building Code. Table No. 3 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'TABLE NO. 3 -A - BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25;000..00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up FEE $6.00 $6.00 for the first $500.00, plus $1.25 for each additional $100.00 or fraction thereof, to and including $2,000.00 $24.75 for the first $2,000.00, plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $122:50 for the first $25,000.00, plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $210.00 for the first $50,000.00, plus $2.25 for each additional $1,000.00 or fraction thereof,. to and including $100,000.00 $335.00 for the first $100,000.00, plus $1.75 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $1,035.00 for the first $500,000.00, plus $1.25 for each additional $1,000.00 or fraction thereof.' 15.04.100 Addition to Section 301(e) to the Building Code. Subsection (e) of Section 301 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Permit and Fees for Lathing, Plastering, -5- The issuance or granting of a permit or approval of plans and specifications shall not be deemed or • construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or can- cel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from thereafter requiring the correction of errors in plans and specifications or from preventing construction .' operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any Certificate of Approval when issued in error.' • 15.04.090 Amendment to Table No. 3 -A of the Building Code. Table No. 3 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'TABLE NO. 3 -A - BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25;000..00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up FEE $6.00 $6.00 for the first $500.00, plus $1.25 for each additional $100.00 or fraction thereof, to and including $2,000.00 $24.75 for the first $2,000.00, plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $122:50 for the first $25,000.00, plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $210.00 for the first $50,000.00, plus $2.25 for each additional $1,000.00 or fraction thereof,. to and including $100,000.00 $335.00 for the first $100,000.00, plus $1.75 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $1,035.00 for the first $500,000.00, plus $1.25 for each additional $1,000.00 or fraction thereof.' 15.04.100 Addition to Section 301(e) to the Building Code. Subsection (e) of Section 301 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Permit and Fees for Lathing, Plastering, -5- and Drywall Installation. No person shall do any lathing and plastering, or any drywall installation, • in or upon any building or structure where the amount of such work is more than 20 square yards, without first obtaining a permit for such work from the Building Official. A separate permit shall be obtained for each building on which such work is to be done.' 15.04.110 Addition of Section 302(a) to the Building Code. Section 302 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 302(a) Issuance. The application, plans, and sperm caiionr s-file-T-by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied that the work described in an applica- tion for permit and the plans filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fee specified in Section 303(a) has been paid, he shall issue a permit therefor to the applicant. When the Building Official issues the permit, he shall mark or stamp on both sets of plans and • specifications "Permit Set." Such plans and speci- fications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the stamped plans. 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 pertin- ent requirements of this Code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.' 15.04.120 Addition to Section 303(e),(f),(g) 'and (h) to the Building Code. Subsections (e),(f),(g) and (h) of Section 303 are added to the Building Code, hereinbefore adopted in Section 15.04.010,.to read: '(e) Lathing and Plastering Fee. The fees to be paid for the issuance of a permit for lathing • and plastering, and for drywall installation shall be $3.00, plus one cent (1¢) per square yard. (f) Other fees. For any inspection or investigation of any use, occupancy, change in use or occupancy, and building or structure or any other work not otherwise covered herein Oy any owner, agent, agency or other person $25.00 for the first hour or part thereof plus $20.00 for each additional hour or part thereof. am 0 • Whenever any work for which a permit is required under the provisions of this Code has been commenced, constructed or completed without the authorization of such permit, a special investigation may be required before a permit will be issued for such work in order to determine whether the work done complied with the Code requirements. In addition to the regular permit fees, an investigation fee of $25.00 for the first hour or part thereof plus $20.00 for each additional hour or part thereof shall be collected for the time required for the investigation where such is found to be necessary. No permit shall be issued when an investigation fee is due until such fee has been paid. The payment of the investigation fee shall not except any person from compliance with the provisions of this Code nor from any penalty prescribed by law. The provisions of this section shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently required and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and any work which has been concealed shall be exposed for inspection if such inspection is necessary. If. there is an unreasonable delay in obtaining such a permit, an investigation fee as herein provided shall be charged. (g) 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 Code 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. (h) Refunds. In the event that any person shall have obtained a building 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 in Subsection (d) of Section.302 or Subsection (g) of this section, the permittee, upon presentation to said Building Official of a request therefor, in writing on a special form, shall be entitled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. The Building Official shall make no refunds on fees collected amounting to Six Dollars ($6.00) or less. The Building Official shall satisfy himself as to • the right of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. No refund shall be made on permits more than one (1) year old. -7- • 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.' 15.04.130 Amendment to Table 5 -A of the Building Code. Table 5 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to change the description of occupancy Class 2, Group M only. All other portions of Table 5 -A not hereinafter specifically amended shall be adopted as published. 'Group M. Description of Property Class 2. Fences over three (3) feet in height and higher, tanks and towers.' 15.04.140 Amendment to Section 1501 of the Building Code. Section 1501 of.the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 1501 Group M Occupancies shall be: • Division 1. Private garages, carports, sheds and agricultural buildings. • Division 2. Fences over three.(3) feet high, tanks and towers.' For occupancy separations see Table No. 5 -B. For occupant load see Section 3301. 15.04.150 Addition of Section 1507 to the Building Code. Section 1507 is added-to the Building Code, hereinbefore adopted in Section 15.04.010:. 'Sec. 1507 Fencing Required. Every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade. Open- ings between vertical members shall be not wider than five (5) inches and horizontal members accessible from the exterior, shall be no closer than 48 inches. EXCEPTION NO. 1: Fences may be omitted from the side of swimming pools which front directly upon a stream, river, Newport Bay or the Pacific Ocean. EXCEPTION NO. 2: Any pool located at a hotel or motel which has staff on continuous duty, seven ('7) days a week, twenty -four (24) hours a day. EXCEPTION NO. 1: Door opening into a dwelling or apartment (attached garages are considered part of the dwelling). EXCEPTION NO. 2: When approved by the.Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located in view of the pool. A building wall with no doors or openable, unscreened windows with sills under five (5) feet in height, may be used in part of such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the Building Official, • such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool.' 15.04.160 Amendment to Section 1807(a) of the Building Code. Section 1807(a) of the Building Code, hereinbefore adopted in Section 15.04.010 is amended to read: 'SPECIAL PROVISIONS FOR GROUP B, DIVISION 2, OFFICE BUILDINGS AND GROUP R, DIVISION 1 OCCUPANCIES. Sec. 1807(a) Scope. This Section shall apply to all Group B, Division 2 office buildings and Group R, Division 1 Occupancies each having floors used for human occupancy located more than 75 feet above the lowest level of Fire Department vehicle access. Such buildings shall be provided with an approved automatic fire- extinguishing system in accordance with Section 1807(c). (b) Certificate of Occupancy. All mechanical and electrical equipment and other required life safety systems shall be approved and installed in accordance with approved plans and.specifications pursuant to this Section and.shall be tested and proved • to be in proper working condition before issuance of the Certificate of Occupancy. (c) Automatic Fire - extinguishing System. When provided as required in Section 1807(a), the auto- matic fire - extinguishing system shall -be ,provided throughout the building. The sprinkler s'ys "tem shall be designed using the parameters set forth in U.B.C. Standard No. 38 -1 and the following: am EXCEPTION NO. 3: Ponds or other bodies of water filled or supplied by water from natural runoff. • Gates and doors opening through such enclosures shall be self - closing and self - latching with release five (5) feet above exterior grade or so located on the pool side as to.prevent release from the exterior. EXCEPTION NO. 1: Door opening into a dwelling or apartment (attached garages are considered part of the dwelling). EXCEPTION NO. 2: When approved by the.Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located in view of the pool. A building wall with no doors or openable, unscreened windows with sills under five (5) feet in height, may be used in part of such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the Building Official, • such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool.' 15.04.160 Amendment to Section 1807(a) of the Building Code. Section 1807(a) of the Building Code, hereinbefore adopted in Section 15.04.010 is amended to read: 'SPECIAL PROVISIONS FOR GROUP B, DIVISION 2, OFFICE BUILDINGS AND GROUP R, DIVISION 1 OCCUPANCIES. Sec. 1807(a) Scope. This Section shall apply to all Group B, Division 2 office buildings and Group R, Division 1 Occupancies each having floors used for human occupancy located more than 75 feet above the lowest level of Fire Department vehicle access. Such buildings shall be provided with an approved automatic fire- extinguishing system in accordance with Section 1807(c). (b) Certificate of Occupancy. All mechanical and electrical equipment and other required life safety systems shall be approved and installed in accordance with approved plans and.specifications pursuant to this Section and.shall be tested and proved • to be in proper working condition before issuance of the Certificate of Occupancy. (c) Automatic Fire - extinguishing System. When provided as required in Section 1807(a), the auto- matic fire - extinguishing system shall -be ,provided throughout the building. The sprinkler s'ys "tem shall be designed using the parameters set forth in U.B.C. Standard No. 38 -1 and the following: am (e) Alarm and Communication Systems. The alarm and communication systems shall be so designed and installed that damage to any terminal unit or speaker will not affect the operation of the remainder. The voice alarm and public address system may be a combined system. When approved, the Fire Department communications system may be combined with the voice alarm system and the public address system. Three communications which may be combined as set forth above shall be provided as follows: 1. Shutoff valves and water flow device shali be provided for each floor. The sprinker riser may be combined with the standpipe riser. 2. In Seismic Zones No. 2, No. 3 and No. 4, in addition to the main water supply, a secondary • on -site supply of water equal to the hydrau- lically calculated sprinkler design demand plus 100 gallons per minute for the total, standpipe system shall be provided. This supply shall be automatically available if • the principal supply fails and shall have a duration of 30 minutes. (d) Smoke Detection Systems. At lease one approved smoke detector suitable for the intended use shall be installed in: 1. Every mechanical equipment, electrical, trans- former, telephone equipment, elevator machine or similar room. 2. In the main return and exhaust air plenum of each air- conditioning system and located in a serviceable area downstream of the last duct inlet. 3. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air - conditioning system. In Group R, Division 1 Occupancies, an approved smoke detector may be used in each return air' riser carrying not more than 500 cfm and sery —, ing not more than 10 air inlet openings. • The actuation of any detector required by this Section shall operate the voice alarm system and shall place into operation all equipment necessary to prevent the recirculation of smoke. (e) Alarm and Communication Systems. The alarm and communication systems shall be so designed and installed that damage to any terminal unit or speaker will not affect the operation of the remainder. The voice alarm and public address system may be a combined system. When approved, the Fire Department communications system may be combined with the voice alarm system and the public address system. Three communications which may be combined as set forth above shall be provided as follows: -10- 1. Voice alarm system. The operation of any smoke detector, sprinkler, water flow device or manual fire alarm station shall automatically sound an alert signal to the desired areas followed by voice instructions giving appropriate information and direction to occupants. The central control station shall contain controls for the voice alarm system so that a selective or general voice alarm may be manually initiated. • The system shall be supervised to cause the activation of an audible trouble signal in the central control station upon interruption or failure of the audiopath including amplifiers, speaker wiring, switches and electrical contacts and shall detect opens, shorts and.groainds which might impair the function of the system.---- -10- The alarm shall be designed to be heard clearly • by all occupants within the building or designated portions thereof as is required for the public address system. 2. Public address system. A public address communi- cation system designed to be clearly heard by all occupants of the building shall operate from the central control station. It shall be established on a selective or general basis to. the following terminal areas: A. Elevators B. Elevator lobbies C. Corridors D. Exit stairways E. Rooms and tenant spaces exceeding 1000 square feet in area. F. Dwelling units in apartment houses. G. Hotel guest rooms or suites. 3. Fire Department communication system. A two - way Fire Department communication system shall be provided for Fire Department use. It shall operate between the central control Station and every elevator, elevator lobby and entry to every enclosed exit stairway. (f) Central Control Station. A central control station for Fire Department operations shall be provided . in a location approved by the Fire Department. • It shall contain: 1. The voice alarm and public address system panels. 2. The Fire Department communications panel. 3. Fire detection and alarm system annunciator panels.. 4. Status indicator and controls for elevators. 5. Status indicators and controls for air- handling systems. 6. Controls for unlocking all stairway doors simultaneously. 7. Sprinkler valve and water flow detector display panels 8. Standby power controls and status indicators. 9. A telephone for Fire Department use with controlled access to the public telephone system. (g) Smoke Control. Natural or mechanical ventilation for the removal of products of combustion shall be provided in every story and shall consist of one of the following: 1. Panels or windows in the exterior walls which can be opened remotely from an approved location other than the fire floor. Such • venting facilities shall be provided at the rate of 20 square feet per 50 lineal feet of exterior wall in each story and shall be distributed around the perimeter at not more than 50 -foot intervals. Such windows or panels and their controls shall be-clearly idep tified. EXCEPTION: When a complete 'automatic fire- extinguishing system is installed, windows or panels manually-openable from within the fire floor or approved fixed tempered glass may be used in lieu of the remotely operated openable panels -11- -12- and windows. Such windows shall be clearly identified and shall be of the size and spacing called for in Section 1807(g)'l. 2. ;4hen.a complete and approved automatic fire- extinguishing system is installed, the mech- anical air - handling equipment may be designed to accomplish smoke removal. Under fire conditions, the return and exhaust air shall be moved directly to the outside without recirculation to other sections of the building. The air - handling system shall provide a migimum of one exhaust air change eAdh 10 Minutes for the area involved. 3. Any other approved design which will produce equivalent results. (h) Elevators. Elevators and elevator lobbies shall comply with the provisions of Chapter 51 and the following: NOTE: A bank of elevators is a group of elevators or a single elevator controlled by a common operating system; that is, all those elevators which respond to a single call button constitute a bank of elevators. There is no limit on the number of cars which may be in a bank or group but there may be not more than • four cars within a common hoistway. 1. Except for the main entrance level, all elevators on all floors shall open into elevator lobbies which are separated from the remainder of the building as is required for corridor constructioq . in Section 3304(g) and (h). 2. Each elevator lobby shall be provided with an approved smoke detector located on the lobby ceiling. When the detector is activated, elevator doors shall not open and all cars serv- ing the main floor or transfer floor shall return to a location approved by the Fire Department and building official and be under manual control only. The smoke detector is to operate before the optical density reaches 0.03 per foot. The detector may serve to close the lobby doors. 3. A permanent sign shall be installed in each elevator cab adjacent to the floor status indicator and at each elevator call station on each floor reading "IN FIRE EMERGENCY, DO NOT USE ELEVATOR -USE EXIT STAIRS," or similar verbiage approved by the Building Official. 4. Elevator hoistways shall not be vented through an elevator machine room. Cable slots entering the machine room shall be sleeved beneath the machine room floor and extend to not less than 12 inches below the shaft vent to inhibit the • passage of smoke into the machine room. 5. At least one elevator car serving all floors shall have a minimum inside car platform of 4 feet 3 inches deep by 6 feet 8 inches wide with a minimum clear opening.width of 42 inches, unless otherwise designed and apptbved to provide equivalent utility to accomodate an ambulance stretcher having a minimum size of 22 inches by 78 inches in its horizontal position. This elevator shall be identified. -12- • (i) Standby Power, Light and Emergency Systems. Standby power, light and emergency systems shall comply with the following: 1. Standby power. A permanently installed on -site power generation system conforming to U.B.C. Standard No. 18 -1 shall be provided. All power, lighting, signal and communication facilities provided under the requirements of this Section, including an independent ventilating system for the standby power generator room, shall be transferable to the standby power source. The electrical power requirements for sizing the standby power generation system shall include but not be limited to the following: A. Fire protection equipment, including fire pumps. B. :Mechanical ventilation equipment required by this Section including power- operated windows. C. Elevators designated for Fire Department use and as required by Chapter 51. D. Standby lighting. E. The normal loads of all facilities classed as emergency. The regular light and power circuits supplying such facilities are classified as standby systems and shall be automatically transferable to the standby power generation system. 2. Standby lighting. Standby lighting shall include but -not be limited to the following: A. Separate lighting circuits and facilities . sufficient to provide light with an intensity not less than one footcandle measured at floor level in all exit corridors, stairways, smokeproof enclosures, elevators, elevator lobbies, and other areas which are clearly part of the escape route. B. All circuits supplying lighting for the central control station, the standby power generator rooms, and other rooms housing control equipment for mechanical systems required by this Section shall be transferable to the standby power system. 3. Emergency systems. All electrical systems and facilities required by this Section and classfied as emergency shall be installed in conformance with U.B.C. Standard No. 18 -1. The following systems and lighting loads are classfied as emergency facilities and shall operate within 10 seconds of primary power failure: A. Exit sign and exit illumination as required by Section 3312. B. Fire alarm and sprinkler alarm systems. C. Fire detection systems. D. Elevator car lighting. E. Stairway door control systems.. F. Voice communication systems. G. Electrical facilities classfied as emergency by any other applicable code or ordinance. -13- • • (j) Exits. Exits shall comply with other requirements of this Code and the following: 1. All stairway doors which are to be locked from the stairway side shall have the capability of being unlocked simultaneously without unlatching upon a signal from the central control system. 2. A telephone or other two -way communications system connected to an approved emergency service which operates continuously shall be provided at not less than every fifth floor in each required stairway where other provisions fo this Code permit the doors to be locked. 3. Smokeproof enclosures may be eliminated if all enclosed stairways are pressurized, as provided for mechanically operated smokeproof enclosures, to a minimum of 0.15 and a maximum of 0.50 inch of water column in fully sprinkled buildings. (k) Seismic Considerations. 'In Seismic Zones No. 2, No. 3 and No. 4, the anchorage of mechani- cal and electrical equipment required for.life safety.systems, including.fire pumps and elevator drive and suspension systems, shall be designed .in accordance with the requirements of Section 2312. 1. The fire- resistive time periods set forth in Table No. 17 -A may be reduced by one hour for interior bearing walls, exterior bearing and non- bearing walls, roofs and the beams supporting roofs, provided they do not frame into columns. Vertical shafts other than stairway enclosures and elevator shafts may be reduced to one hour when sprinklers are installed within the shafts at alternate. floors. 2. Except for corridors in Group B, Division 2 and Group R, Division 1 Occupancies and partitions separating dwelling units or guest rooms, all interior nonbearing parti- tions required to be one -hour fire - resistive construction by Table No. 17 -A may be of noncombustible construction without a fire- resistive time period. 3. Fixed tempered glass may be used in 'lieu of openable panels for smoke control purposes. 4. Travel distance from the most remote point in the floor area to a horizontal exit or to an enclosed stairway may be 300 feet. 5. Smokeproof enclosures are not required but all required stairways shall be pressurized to a minimum of 0.15 inch of water column. 6. Spandrel walls, eyebrows and compartments - tion are not required; however, the fire resistance of the floors and juncture of exterior walls with each floor must be maintained. 7. Fire dampers, other than those needed to protect floor - ceiling assemblies to maintain the fire resistance of the assembly are not required except for those.which may be necessary to by -pass smoke to the outside, those provided to dbrivert• from recirculated air to 100 percent outside air, and those which may be required to protect the fresh air supply intake against smoke which may be outside the building. -14- 8. Emergency windows required by Section 1304 are not required.' • 15.04.170 Amendment to Section 35 of the Building Code, Sound Transmission Control Noise /Insulation Standards. .Chapter 35 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'CHAPTER 35 SOUND TRANSMISSION CONTROL/ NOISE INSULATION STANDARDS Sec. 3501 Noise Insulation Standards. (a) Purpose. The purpose of this Chapter is to establish uniform minimum noise insulation performance standards to protect persons within new residential structures from the effects of excessive noise, including but not limited to, hearing loss or impairment and persistent interference with speech and sleep. (b) Application and Scope. The provisions of this Chapter relating to noise insulation performance standards apply to new R -1 and R -3 occupancies. • (c) Definitions. The following special definitions shall apply to this Chapter as applicable: (1) Impact Insulation Class (IIC) - A single number rating for ceiling -floor construction that represents the ability of the construction to isolate impact noise, where measurement procedure is based on ASTM E492 -73T and as defined in U.B.C. Standard No. 35 -2. (2) Sound Transmission Class (STC) - A single figure rating for floor ceiling and interior wall partition construction that represents the ability of the construction to isolate air- borne noise, where measurement procedure is based on ASTM x:90 -70 or ASTM E366 -71 and as defined in U.B.C. Standard No. 35 -1, (d) Sound Transmission Control Between Dwelling Units. The provisions of this section shall apply only to apartment houses, condominiums, attached single - family dwellings, hotels, motels and dwellings other than detached single - family dwellings. (1) Wall and Floor- Ceiling Assemblies. Wall and floor - ceiling as seaprating' dwelling units or guest rooms from each other and from public space, such as interior corridors and service areas, shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor - ceiling assemblies. • (2) Airborne Sound Insulation. All such separating walls and floor - ceiling assemblies shall provide an airborne sound insulation equal to that required to meet a Sound Trans - mission Class (STC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35 -1. Penetrations or openings in constructicn assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or hearing, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. -15- Dwelling unit entrance - doors, exterior or from interior • corridors, together with their perimeter seals, shall have .a Sound Transmission Class (STC) rating of not less than 30 and such perimeter seals shall be maintained in good operating condition. (3) Impact Sound Insulation. All separating floor - ceiling assemblies between separate units or guest rooms shall provide impact sound insulation equal to that required to meet an impact Sound Insulation Class (IIC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35 -2. Floor coverings may be included in the assembly to obtain the required rating, and must be retained as a permanent part of the assembly and may only be replaced by other floor covering that provides the same insulation required above. (4) Tested Assemblies. Field or laboratory tested wall or floor - ceiling designs have an STC or IIC of 50 or more as determined by U.B.C. Standard 35 -1, 35 -2 or 35 -3 may be used without any additional field testing when in the opinion of the Building Officials, the laboratory tested design has not been compromised by flanking paths. Test may be required by the Building Official. .(5) Field Testing and.Certification. Field testing, when required, shall be done under the supervision of a profes- sional acoustician who shall be experienced in the .field of acoustical testing and engineering, who shall forward certified test results to the Building Official showing that the minimum • sound insulation requirements stated above have been met.' (6) Airborne Sound Insulation Field Tests. When required, airborne sound insulation shall be determined according to the applicable Field Airborne Sound Transmission Loss Test procedures of U.3.C. Standard 35 -3. All sound transmitted from the source room to the receiving room shall be considered to be transmitted through the test partition. (7) Impact Sound Insulation Field Test. When required, impact sound insulation shall be.determined in accordance with U.B.C. Standard No. 35 -2. (e) Noise Insulation from Exterior Sources. The provisions of this section apply to all residential structures. (1) Location and Orientation. Consistent with land u,e standards, residential structures located in noise critical areas, such as proximity,to select system of county roads and city streets (as specified in Section 186.4 of the State of California Streets and Highway Code), railroads, rapid transit lines, airports, or industrial areas, shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows in the closed position. Proper design shall include, but shall not be limited to, orientation of the residential structure, set - backs, shielding, and sound insulation of the building itself. • (2) Interior Noise Levels. Interior community noise equivalent levels CNEL with windows closed attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. (3) Airport Noise Sound. Residential structures to be located within an annual CNEL contour (as defi4i&d in Titlo 4, Subchapter 6, California Administrative.Code) of 60 require an acoustical analysis showing that the structure has been designed -16= • is • to limit intruding noise to the prescribed allowable levels. CNEL's shall be as determined by the local jurisdiction in accordance with its local general plan. (4) Vehicular and Industrial Noise Sources. Residential buildings or structures to be located within exterior community noise equivalent level contours of 60 dB of an existing or adopted freeway, expressway, major street, thoroughfare, rail- road, or rapid transit line shall require an acoustical analysis showing that the proposed building has been designed to limit intruding noise to the allowable interior noise levels prescribed in Section 1098(d) (2). Exception: Railroads where there are no nighttime (10:00 p.m. to 7:00 a.m.) railway operations and where daytime (7:00 a.m. to 10:00 p.m.) railway operations do not exceed four.per day. (f) Compliance (1) Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage, basis for prediction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that windows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation, and cooling if necessary, to provide a habitable interior environment. (2) Field Testing. When inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurement shall be taken under conditions of typical maximum exterior noise level within legal limits. A test report showing compliance or non- compliance with prescribed interior allowable levels shall be submitted to the Building official.' 15.04.180 Addition of Subsection 12 of Section 3802(b) to the Building Code. Subsection 12 of Section 3802(b) is added to the Building Code, hereinbefore adopted in Section 15.04.01 to read: 112. In all occupancies when the building has floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access; however, the respective increase for area and height specified in Sections 506 and 507 shall be permitted.' 15.04.190 Addition to Section 3802(b) of the Building Code, hereinbefore'adopted in Section 15.04.010. 'Section 3802(b) 12. In all buildings having floors used for human occupancy located more than 55 feet above the lowest level of Fire Department vehicle access.' -17- 15.04.200 Amendment to Appendix Chapter 70 of the Building • Code, excavation and Grading. Appendix Chapter 70 of the Building Code hereinbefore adopted in Section 15.04.010, is amended to read: 'CHAPTER 70 • • EXCAVATION AND GRADING Sec. 7001. The purpose of this chapter is to safegudzd Jifq, limb, property and the public welfare by regulating grading, drainage and hillside construction on private property'and for similar improvements proposed by private interests on City right of way where regulation is not otherwise exercised. Sec. 7002. This chapter sets forth rules and regulations to control excavation, grading, drainage conditions, erosion con- trol, earthwork construction including fills and embankments, and the use of earth materials as a structural component: established the administrative procedure for issuance of permits; and provides for the approval of plans and inspection of grading construction and drainage control. Sec. 7003.1. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following_: 1. An excavation below finish grade for basements and footings of a building, retaining wall or other structure aufhorize, by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting_frum the construction of such structure which requires grading or construc- ti.on of drainage improvements to provide a safe and stable str.uctuL which does not create adverse conditions on other properties, either public or private. 2. Cemetery graves. -lg- emotive regulations have been established by law. 5. Mining and quarrying together with necessary stock- piling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical support or significantly increase the stresses in or pressure upon any adjacent or contiguous property. 6. Exploratory excavations under the direction of soils engineers or engineering geologists. 7. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five 3. Refuse disposal sites covered by other regulations. • 4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any • fill made from such excavations on private property unless pre- emotive regulations have been established by law. 5. Mining and quarrying together with necessary stock- piling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical support or significantly increase the stresses in or pressure upon any adjacent or contiguous property. 6. Exploratory excavations under the direction of soils engineers or engineering geologists. 7. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five -19- (S) feet in height and steeper than two horizontal to one vertical and which (c) is less than fifty cubic yards on one • site and does not create an adverse erosion, drainage, ground- water, or slope condition requiring remedial work covered by these regulations. 8. Unless preempted by other regulation, fill which does not exceed fifty cubic yards on any one site which is not part of a regular maintenance procedure and which (a) is placed on natiira undisturbed terrain with a slope flatter than five (S) horizontal to one (1) vertical or (b) less than three (3) feet in depth not intended to support structures provided: (a) No fill which may create an adverse slope, erosion, drainage, groundwater-or structural condition shall be placed without a grading permit, (b) no person shall construct, reconstruct, alter, repair, or install any structure in any natural drainage channel water course without a grading permit, (c) road or parking lot paving • work shall be performed under permit unless waived by the Build- ing Official or as maintenance work. Exceptions listed above shall not be interpreted as exempting future cgAptruction on a site from code compliance due to an exempted non - conforming condition nor shall any exception be construed as exempting an -19- adverse condition from being corrected in accordance with the provisions of this ordinance and the hazards abatement procedures, • nor shall it be construed as exempting any requirement for grading as a flood plain management requirement. Sec. 7003.2 a) Whenever the Building Official determines that (a) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions or (b) existing drainage conditions have resulted or may result in adverse erosion conditions, he may require a drainage permit to be obtained and corrective work accomplished. Sec. 7004. Whenever the Building Official determines by inspection or by information made available to him that any existing drainage condition, excavation, fill, natural slope, or subsurface condition has become a hazard to life and • limb, or endangers property or adversely affects the safety, use .or stability of a public way or any drainage channel, he shall make a determination of the level of hazard, and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located,.or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall within the period specified correct such condition in accord with the requirements and conditions set forth in such notice so as to eli.minate the hazard and be in conformance with the requirements of this code, and procedures of the hazards abatement section of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City of Newport Beach. Sec. 7005. Definitions. For the purposes of this Chapter, • the definitions listed hereunder shall be construed as specified in this Section. APPROVAL shall mean a written engineering or geological opinion concerning the satisfactory progress and completion of the work. -20- AS- GRADED is the topographic surface at completion of grading. • B:DROCK is in -place of solid rock. BUNCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from off -site location for use in grading on a site. CIVIL ENGINEER shall mean a professional engineer in the branch of civil engineering holding a valid certification of registration issued by the State of California CIVIL ENGINEERING shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaulation, design and construction of civil works for the beneficial uses of mankind. CLEARING, BRUSHING AND GRUBBING shall mean the removal of vegetation (grass, brush, trees, and similar plant • types or root systems) by mechanical means. . COMPACTION is the densification of a fill • by mechanical means. EARTH MATERIAL is any rock, natural soil or fill and /or any combination thereof ENGINEERING GEOLOGIST shall mean a profes- sional geologist registered in the State as a geologist and certified by the-State to practice engineering geology in the field of civil works. EROSION is the wearing away of the ground. surface as a result of the movement of wind, water and /or ice. earth material. by artificial means. the ground surface. LXCAVATION is the mechanical removal of FILL is a deposit of earth material placed GRADE shall mean the vertical location of ROUGH GRADE is the final grade of the site which conforms to the approved plan. -21- FINISH GRADE is the final grade of the • site which conforms to the approved plan. GRADING CONTRACTOR is a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. KEY is designed and compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. LANDSLIDE shall mean the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. MASSIVE LANDSLIDE shall mean a landslide too large to be stabilized by retaining methods or normal control methods. PERMIT shall mean any permit issued pursuant • to this Code, together with the application for the same, the conditions upon which it was issued, together.with any plans, specifications, reports and approved modifications pertaining thereto. PERMITTEE shall mean the owner or his authorized agent to whom a grading permit is issued. SEDIMENT The material derived by erosion carried by an agent of erosion. SITE is any lot or parcel of land or con- tiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distrance. • SOIL is naturally occurring surficial deposits overlying bedrock. SOIL ENGINEER is a civil engineer with training and experience in soil mechanics who specialize -s in *_hc practice of soils and foundation engineering. -22- SOIL ENGINEERING shall mean the application of the principles of soil mechanics in the investigation, testing, • evaluation and design of civil works involving the use of earth materials and the evaluation, inspection and testing of the construction thereof. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. TRACT is a subdivision of land containing five (5) or more lots. Sec. 7006. Grading Permit Requirements (a) Permits Required. Except as exempted in Section 7003 of this Code, no person shall do any grading without first obtain- ing a grading permit from the Building Official A separate permit shall be required for each site, and may cover excavation, fills, and paving. • (b) Application. The provisions of Section 301(b) are applicable to grading and in addition the application shall state the estimated quantities of work involved. The work shall also conform to the requirements of the flood plain management ordinance. (c) Plans and Specifications. When required by the.. Building official, each application for a grading permit or building permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of soil engineering and engineering geology report or other report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. Within the Newport Bay drainage catchment area, a grading plan including erosion control is required unless waived in writing by the Building • Official. (d) Information on Plans and in.Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature gaud extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules -23- • C and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner, the person by whom they were prepared, and where required, the name(s) and address(s) of professional person(s) or firm(s) pertaining to the project. The plans shall include the following information: (1) General vicinity of the proposed site. (2) Property limits, permit area limits, and accurate contours of existing ground and details of terrain and area drainage. 0 (3) Limiting dimensions, elevations or finish contours to be achieved by the grading; and proposed drainage channels and related construction. In a flood plain zone, information concerning habitable floor elevations and flood protection designs shall be included. (4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains. (5) Detailed plans for temporary (during construction) and /or permanent sediment control facilities. (6) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures or slopes on land of adjacent owners which are within 15 feet of the' property or which may be affected by the proposed grading operations. (7) Any additional plans, drawings, calculations, • environmental impact information, or other reports required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official may require a description° df the -haul route to be submitted for approval. -24- • (e) Soil Engineering Report. The soil engineering report required by Subsection (c) shall include data regarding the nature, distribution, strength and consolidation characteristics of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and.opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications. (f) Engineering Geology Report. The engineering geology report required by Subsection (c) shall include an adequate description of the geology of the site, including necessary, maps and illustrations showing geographic distribution of the features described related to the proposed development; conclu- sions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recom- mendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and.approved by the Building Official shall be incorporated in the grading plans or specifications. (g) Issuance. The provisions of Section 302 are applicable to grading permits. The Building Official may .require that grading operations and project designs be modified to provide for erosion controls if project completion, including erosion • protection devices will extend into the rainy season (October 15 through May 15) or if delays occur which incur weather generated problems. The plans shall list specific dates for completion of- erosion control measures, and further subject to'th� provisions of Section 7017. In addition to the time limitations as specified -25- in Section 302(d), every permit issued shall be valid for a period of one year from the date thereof. (h) Transport of earth from or to the roject site. All earth materials which are moved on public roadways from or to the site of an earth grading operation, the following requirements shall apply: (1) Either water or dust palliative, or both, must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights -of -way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation. (2) Loading and transportation of earth from or to • the site are subject to the requirements of Section 10.28.040 of the Newport Beach Municipal Code. (3) Access roads to the premises shall be only at points designated on the approved grading plan. .(4) The last fifty (50) feet of the access road, as ..it approaches the intersection with the public roadway, shall have a grade not to exceed three (3) percent. There must be a three hundred (300) foot clear, unobstructed sight distance to the intersection from both the public roadway and access road. If the three hundred (300) foot sight distance cannot be obtained, the permittee shall post flagmen as required for traffic safety. (5) A stop sign conforming to the requirements of • Section 21400 of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. -26- • • (6) An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of access intersection, carrying the words "truck crossing." The sign shall be a diamond in shape, each side being thirty (30) inches in length, shall have a yellow background and the letters thereon shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be five (5) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. Sec. 7006.1 (a) Drainage Permits Where the Building Official determines that existing or proposed construction may alter or has altered drainage conditions so as to create an adverse or dangerous condition or where existing drainage conditions result in an adverse or dangerous condition, he may require a drainage permit to be obtained for the purpose of perventing or eliminating the adverse or danaerous condition and require corrective work to be accomplished. (b) Application: The application shall use the same form as the grading permit and shall state that the purpose is for drainage alterations. (c) Plans and Specifications Plans may be required accurately showing the existing conditions and proposed alterations in sufficient detail to make a determination concerning the conformance to this Code of the proposed alterations. Inspection only may be required by the Building Official where the alterations are of a minor nature. -27- (d) Condition In granting any permit under this Chapter,.the Building Official may attach such conditions thereto as may be reasonable and necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create any unnecessary nuisance. Sec. 7007. Plan- Checking Fee. (a) (i) For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater and shall be sixty -five percent (65 %) of the grading permit fee. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls over three feet in height, and additional fees shall be collected for pavement and drainage collection, stabilization, and erosion protection devices not exempted in accordance with this Code.. There shall be no separate charge for standard terrace drains, standard subdrains, temporary erosion or sediment control devices or similar facilities. The plan checking fee for a grading permit authoriz- ing additional work to that under a valid active permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. The plan checking fee for major alteration to an approved grading plan under an active • permit shall be based upon the percentage of the plan changed applied to the original plan check fee. No additional fee shall be paid for checking corrections required on the plans. (ii) Drainage Permit Plan Checking Fee. The Building Official may charge a plan checking fee if, in his M opinion, the proposed drainage alterations are sufficient in extent to require more than field • inspection to insure code conforming improvement. Fees shall be assessed in a similar manner to a grading permit plan checking fee. (b) Grading Permit Fee. A fee for each grading permit shall be paid to the Building Official. The fee for a grading permit shall be based on the volume of excavation or fill whichever is greater and based on Table 70 -B plus fees based on the estimated valuation of retaining walls for which no separate permit is required combined with the estimated valuation of any commercial or industrial paving, drainage collection, stabilization and erosion control devices not exempted by this Code in accordance with Table 70 -C. (c) Drainage Permit Fee. A fee for each drainage permit shall be paid to the Building Official. The fee shall be calculated in the same manner as calculating a grading permit fee. TABLE 70 -B. GRADING PERMIT FEES 100 cubic yards or less . . . . . . . . . . . . . .$ 27.50 101 to 100 cubic yards. . . . . . . . . . 27.50 the first 100 cubic yards plus $10.00 for each additional 100 cubic yards or fraction thereof 1001 to 10,000 cubic yards . . . . . . . . . . . . . . . 117.50 the first 1,000 cubic yards plus $10.00 ofr each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards . . . . . . . . . . . . . 207.50 the first 10,000 cubic yards plus $41.00 for each additional 10,000 cubic yards or fraction thereof 1000,001 cubic yards or more. . 576.50 the first 100,000 cubic yards plus $22.00 for each additional 10,000 cubic yards or fraction thereof -29- 70 -C For structures or improvements in connection with grading and • plan checking with respect thereto: Estimated Cost of Structure Fee Less than $20.00 . . . . . . . . . . . . . . . . No Fee $20.00, to and including $100.00 . . . . . . . . . . . . . $.2.50 More than $100.00, to and including $400.00. . . . . . . . 3.50 More than $400.00, to and including $700.00.. . . . . 5.50 More than $700.00, to and including $1,000.00. . . . . -. . 6.50 Each additional $1,000.00 or fraction, to and including $25,000.00 . . . . . . . . . . . . 3.30 Each additional $1,000.00 or fraction, to and including $50,000.00 . . . . . . . . . . . 2.75 Each additional $1,000.00 or fraction, to and including $100,'000.00. . . . . . . . 1.75 Each additional $1,000.00 or fraction, more than $100,000.00 . . . . . . . . . . . . . . . . . . . . 1.10 • When plans are required for the proposed structure, an additional fee for plan'checking shall be paid at the time of submitting the application. Said plan checking fee shall be equal to one -half (1/2) of the fee heretofore established in Table 70 -C. No additional fee shall be paid for checking corrections required on the plans. Sec.-7008. Bonds. The Building Official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash • bond or instrument of credit with the Building official in an amount equal to that which would be required in the surety bond. Sec. 7009. Cuts. - (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering and /or -30- • • 0 engineering geology report, cuts shall conform to the provisions of this Section. (b) . Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut elopes shall be no steeper than two horizontal to one vertical (2:1). (c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012. Sec. 7010. Fills. (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, these provisions may be waived for minor fills not intended to support structures, provided such fills are protected against soil erosion in the Newport Bay drainage catchment area. EXCEPTIONS: (1) Fills excepted in Section 7003 and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. (2) Where lower density and expansive types of soil exist, then permission for lesser compaction may be granted by the Building Official, upon showing of good cause under the conditions provided herein. (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical (2:1). (c) Preparation of ground. The ground surface shall be. prepared to receive fill by removing vegetation, noncomply- ing fill, topsoil, and other unsuitable materials, scarify- ing to provide a bond with the new fill, and, where slopes are steeper than five '(5) horizontal to one (1) vertical, and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under theatpe of a fill on a slope steeper than five (5) horizontal to one (1) vertical shall be at least ten (10) feet wide. The area -31- a • • • beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the Civil Engineer or the Soils Engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended. The final report and approval by the Soils Engineer shall describe the limits and extent of removal of unsuitable materials including a description of the criteria used for determination of the suitable material. (d) Fill Material. Earth materials which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than 8 inches shall be used. EXCEPTIONS: The Building Official may permit placement of a larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply: (1) Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. (2) Rock sizes greater than eight (8) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. (3) Rocks greater than eight (8) inches shal,l.be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted., -32- • 0 (e) Compaction All fills shall be compacted to a minimum of 90 percent of maximum density as determined by U.B.C. Standard No. 70 -1 or a more restrictive standard if recommended in the approved soils engineering report. Field denisty shall be determined in accordance with U.B.C. Standard No. 70 -2 or equivalent as approved by the Building Official. The Building Official may require tests of the compressibility and anticipated fill settlement character- istics where more than 10 feet of fill is to be placed. The final report and approval by the soils engineer shall contain the type of field testing performed. Each test shall be identified, located, and the method of obtaining the inplace density,. either U.B.C. Standard No. 70 -2 or the approved equal, shall be so noted. Sufficient maximum density determinations by test method, U.L.C. Standard No. 70 -1, or the approved method, shall be performed during the grading operations to verify the accuracy.of the maximum density curves used by the soils engineer. (f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. EXCEPTION: The Building Official may authorize a fill to be con- strutted with an exposed surface steeper than two horizontal to one vertical (2:1) when he finds: the applicant has submitted a Soil Engineer's Report recommending such steeper slope which report includes sufficient soil test data and other information to substantiate slope stability and safety when saturated, and including an evaluation of the creep characteristics of the soil and surficial stability. (g) Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes hhtl the 'surfaces of terraces shall be graded and paved as required by Section 7012. -33- n (h) Utility line backfill All backfill in utility line • trenches both inside and outside of the building shall be compacted and tested in compliance with Subsection (e) of , this section and the soils engineer shall observe, test, 0 • and render an opinion to the Building Official as to whether this backfilling has been satisfactorily accomplished. Alternate methods of filling and reduced compaction requirements may be applied on certain projects when specified by the soils engineer and approved by the Building Official. EXCEPTION: On single lot projects where no soils engineer was required during grading of the site, the Building Official may waive tested compaction and allow the use of approved material which is relatively self- compacting. This material and the method of placement must be approved prior to backfilling, and trenches utilizing this material must cross foundations at right angles or be located out- side a one horizontal to one vertical plane extending from the nearest.point of the foundation to the bottom of the trench. Setbacks Sec. 7011. (a) General. The setbacks and other restrictions specified by this Section are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Where-natural slopes are involved, setbacks shall be interpreted to include a 2:1 setback plane unless specifically contradicted in the -34- approved reports. • (b) Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. 1 and Table • • No. 70 -D. TABLE 70 -D Setbacks H M) a b Under 5 0 7 5 - 30 H/2 H/2 Over 30 15 10 TOE or 5Lore PA* I KI NATUKAI. OR r1NtsH 61KAPE *Permit Area Boundary PA I 1 TOI° OI* I StAYE � b - 4 / 6LO NPT I LONE N PA PERMIT AREA 1. If drainage is carried on this side in an unimproved earth swale, the setback from the top of slope (or berm) to the face of the building or projection thereof is 7' -0 ". This may be reduced to the tabular value if an improved drainage device is used. 2. If the slope is flatter than five (5) horizontal to one (1) vertical, the setback required is 2' -0' ". 3. The tabular values may be enforced for natural slope conditions as determined by the Building Official. -35- • • • n 1412 guf N6aD NOT EXCEED 10 FT. MAXIMUM `- N/f Cur NEEp Nor ex6ftd 16 rr. MAXIMUM Sec. 7012. Drainage and Terracing. (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provision of this Section. (b) Terrace. Terraces at least 6 feet in width shall be established at not more than 30 -foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of six (6) percent and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of eighteen (18) inches and a minimum paved width of five (5) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. (c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. Unless waived by the Building official, all canyons shall be provided with subsurface drainage. (d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building official and /or other.appropriate jurisdiction as a safe place to deposit such waters. All buried pipe shall be constructed of -corn lion= resistant pipe. if drainage facilities discharge onto natural ground, riprap or conversion to sheet flow may be required. -36- Building pads shall have a drainage gradient of 2 percent • toward approved drainage facilities, unless waived by the Building Official. EXCEPTION: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area: A. No proposed fills are greater than 10 feet in maximum depth. B. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet. C. No existing slope faces, which have a slope face steeper than 10 horizontally to 1 vertically, have a vertical height in excess of 10 feet. (e) Commercial and industrial drainage standards. • Drainage standards for industrial /commercial developments in non -hilly areas shall conform to the following minimum standards: . A. Rough Grade: Minimum Gradient 1. Earth at rough grade stage 0.58 B. Finished Grade: 1. Earth 1.08 2. Asphalt pavement (sheet flow) 1.08 3. Concrete drain in earth area 0.58 4. Concrete gutter in asphalt paved area 0.28 C. W;len asphalt.concrete pavement is recommended for parking lot surfacing or other similar use by the • Civil Engineer of Architect, this paving will conform to the following minimum standards unless otherwise approved by the Building Official. For the purpose of this section, use of- .asphal.t concrete (A.C.) aggregate base (A.B.) prime coat, tack coat, seal coat shall meet the current standards of the 4 -37- for the slopes shall be installed as soon as practicable. The Building Official may require planting and irrigation systems to be installed prior to rough grade approval,'_ and such systems shall be installed prior to final approval. Slope irrigation for tracts may be required to be controlled by automatic systems equipped with an override keyed to continous soil moisture measurement devices; other projects may be required to have such systems if adverse' ground water conditions exist which may be worsened by landscape irrigation where cut slopes are not subject to erosion due to the erosion- resistant character of the • materials, such protection may be omitted if specifically waived by the Building Official. Planting materials and maintenance schedules shall be approved by the Building Official. To assure that cut and fill slopes; -will' be effectively planted, the preparation and planting should be designed by an experienced landscape planner, each bank 33- City of Newport Beach and /or the approval of • the Building Official, and shall be designed in accordance with any generally accepted pavement design criteria. In the event that the design method is unfamiliar to the Building Official, background material and references as to its use may be required prior to approval. D. In parking lot design, access shall be provided to entrances and exits for pedestrian traffic not affected by concentrated flow. E. Penetration of landscape irrigation water under pavement shall be mitigated through the design process. Sec. 7013. Erosion Control. (a) Slopes. The faces of cut and fill slopes shall be • prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable. The Building Official may require planting and irrigation systems to be installed prior to rough grade approval,'_ and such systems shall be installed prior to final approval. Slope irrigation for tracts may be required to be controlled by automatic systems equipped with an override keyed to continous soil moisture measurement devices; other projects may be required to have such systems if adverse' ground water conditions exist which may be worsened by landscape irrigation where cut slopes are not subject to erosion due to the erosion- resistant character of the • materials, such protection may be omitted if specifically waived by the Building Official. Planting materials and maintenance schedules shall be approved by the Building Official. To assure that cut and fill slopes; -will' be effectively planted, the preparation and planting should be designed by an experienced landscape planner, each bank 33- • • • A should be planted upon its completion and all planting must be maintained in growing condition for at least two years or until accepted by the Building Official. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. Absence of specific measures on the plans shall be accompanied by a statement on the plans by the Building Official that none are needed. (c) Permanent desilting facilities may be required by the Building Official where undue siltation of Newport Bay.may result. (d) Minimum size of temporary basins shall be established by the uniform soil loss equation. If all weather cleanout capability in the basin is not provided, greater capacity will be required. (e) Both sheet flow and concentrated flow areas shall be considered in design of erosion control systems, in addition, sediment control shall include provisions for both low flow volume as well as intense rainfall conditions. (f) Erosion control shall be coordinated with sites contiguous to the permit area to achieve effective control. Sec. 7014 Grading Inspection. (a) General. All grading operations for which a permit is required shall be subject to inspection by the Building Official. When required by the Building Official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 305 of Subsection 7014(c). Erosion control devices shall be installed, inspected and approved by the Building Official prior to the rainy season (October 15 through May 15). -39- 0 • • (b) Grading Designation. Commercial, industrial, tracts, or grading in potentially hazardous areas and all grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5000 cubic yards shall be designated "regular grading" unles''s the permittee, with the approval of the Building Official, chooses to have the grading performed as "engineered grading." The Building Official may require a survey at the completion of regular grading to insure compliance with drainage requirements. (c .) Engineered grading requirements. For engineered grading, it shall be the responsibility of the Civil Engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty.. This responsibility shall include, but need not be limited to, inspection and approval as to the establish- ment of line, grade and drainage of the development area. The Civil Engineer shall act as the coordinating agent in the event the need arises for laison between the other professionals, the contractor, and the Building Official. The Civil Engineer shall also be responsible for the preparation.of revised plans and the submission of as- graded grading plans upon completion of the work. The grading contractor shall submit a form prescribed by the Building Official a statement of compliance to said as- graded plan. Soil engineering and engineering geology reports shall be required as specified in Section 7006. Wring.grading all necessary reports, compaction data and soil enqineering and engineering geology recommendations shall be submitted -40- to the civil engineer and the Building Official by the • soil engineer and the engineering geologist. The Soil Engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. The Engineering Geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval fo the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for sub- • drains or other ground water drainage devices. He shall report his findings to the Soils Engineer and the Civil Engineer for engineering analysis. The Building Official shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. (d) Regular Grading Requirements. The Building Official may require inspection and testing by a qualified soil engineer. The Soil Engineer's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, • and the compaction.of fills. When the Building Official has cause to believe that geologic factors may be involved, the grading operations will be required to conform to "engineering grading" requirements. -41- • • • (e) Notification of Noncompliance. If, in the course of fulfilling their responsibility under this Chapter, the Civil Engineer, the Soil Engineer, the Engineering Geologist or the test agency finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted. (f) Transfer of responsibility for approval. If the Civil Engineer, the Soils Engineer, the Engineering Geologist or the contractor are changed during grading, then work shall be stopped until: (1) The owner submits a letter of notification verifying the change of the responsible professional, with a copy so noted, to be sent to the prior responsible professional;and (2) The new responsible professional submits in writing that he assumes all responsibility within his purview as of a specified date. Also, he must state he has reviewed all prior reports and /or plans (specified by date and title) and work performed by the prior responsible professional; concurs with findings, conclusions, and recommendations, and is satisfied with the work performed or excepts certain portions and provides recommendations for the required remedial work necessary for his acceptance. All exceptions must be justified. (g) Site.Inspection by the Building Official (1) Site inspection and pre- inspection: prior to the approval of any building or grading plans and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions. -42- • is (2) Inspection of excavation and fills: the permittee or his agent shall notify the Building Official when the grading operation is ready for each of the following inspections: (A) Pre - grading Inspection. When the permittee is ready to begin work, but not less than two (2) days before any grading or brushing is started. (B) Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. (C) Excavation Inspection.. After the excavation is started, but before fill is placed. (D) Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds ten (10) feet. (E) Drainage device inspection. After forming of terrace drains, downdrains, or after placement of pipe in subdrains, but before any concrete or filter material is placed. (F) Rough Grading. When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Building Official having previously reviewua and approved the reports. (G) Final. When all work, including installation of all drainage structures and other protective devices has been completed and the as- graded plan, professional written approval, and the required reports have been submitted. (3) Revised Grading Plan: If the Building Official finds the soil or other conditions not as stated in the applica- tion for a Grading Permit, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. -43 (4) Other Inspections: The provisions of Section 304(e) • shall apply to all grading work and whenever the Building Official determines that the work does not comply with the terms of.the permit, or this code, or that the soils or other conditions are not as stated on this permit, he may order the immediate cessation of all work thereunder, and such work shall cease until such corrections shall be complied with. (5) Prior to the issuance of building permits for a graded site, the rough grading shall be completed to the satisfaction of the responsible engineers, engineering geologist, and the Building Official. (6) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building Official shall require, • by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense to the City of Newport Beach, and shall be the sole expense of the Permittee.. (7) Authority to Stop Work: Whenever any building work or grading is being done contrary to the provisions of this code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. The provisions of Sections 201, 202, 203 and 205, as amended, shall be construed to apply to grading • construction work. Sec. 7015. Completion of Work. (a) Final Reports. Upon completion of the rough.grading work and at the final completion of the worAt the Tiui.ldinq Official may require the following reports and drawings and supplements thereto: -44- • • (1) An as- graded grading plan prepared by the Civil Engineer, including original ground surface elevations, lot drainage patterns and locations, and elevations of all surface and sub - surface drainage facilities. He shall provide written approval that the work was done in accordance with the final approved grading plan. (2) A soil grading report prepared by the Soils Engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He shall provide written approval as to the adequacy of the site for the intended use. (3) A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site, including any new infor- mation disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide written approval as to the adequacy of the.site for the intended use as affected by geologic factors. (g) Notification of Completion. The permittee or his agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. The permittee"or his agent shall also furnish evidence to the Building Official that all slopes, debris basins or other erosion -45- a control devices will be maintained. Temporary devices • shall be removed prior to completion. Sec. 7016. Alternate Methods. The provisions of this .• chapter are not.intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved pursuant to this section. The Building Official may approve any such alternate provided he.finds that the proposed design is satisfactory and complies with the provisions of this chapter and that the material, method or work offered is for the purpose intended at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that maybe made regarding its use. Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate material or methods of construction, the Building Official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency. Test methods shall be specified by this chapter for the material in question. If there are not appropriate test methods specified in this chapter, the Building Official shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two (2) years after the acceptance of the grading. -46- • • Sec. 7017. Denial of Permit. (a) Hazardous grading. The Building Official shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to the public welfare, endanger life or any private property, result in the deposition of debris on any public way, or interfere with any existing drainage course, cause any excess siltation in any natural river, stream, drainage course, or Newport Bay. (b) Geological or flood hazard. If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazards to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied. (c) Environmental effect, modification. The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects and he may, under circumstances where the significant adverse effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. Sec. 7018. Placina Excavated Material. (a) Unauthorized Dumping Prohibited. No person shall dump, move, or place any earth, sand, gravel, rock, stone, or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected, or upon or over any public place or way. Such consent shall be in writing and in a form acceptable to the Building Official. -47- • +a (b) Removal of Misplaced Material. When, due to a violation of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow, or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from the public place, or way, within thirty -six (36) hours. In the event it is not so removed, the Director shall cause such removal and the cost of such removal by the Director shall be paid to the City by the person who failed to so remove the material. Sec. 7019. Denuding Natural Ground Cover.. No person, except pursuant to written order of the Fire Marshall, shall denude and destroy the natural cover of any water- shed except for the immediate use and occupation of the property so denuded in accordance with and subject to all applicable provisions of the zoning and building regulations of the City. See Title 20. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption This ordinance was introduced at a regular meeting of the City. Council of the City of Newport Beach held on the 24th day of July 1978, and was adopted on the 14th day of August , 1978, by the following vote, to wit: CERTIFIED AS THE ORIGINAL AND CIRTiNED AS TO PW LICAiiC,N NOV 8 1979 DATE ......... ..:._._._,......._.. »......... CITY .CfE -OF THf•'CIP( OF 'N _' OPT OaACH ATTEST: Ci` ty Clerk AYES, COUNCILMEN: Heather, Hummel, Ryckoff and Strauss NOES, COUNCILMEN: McInnis ABSENT COUNCILMEN: Hart and Williams OMdAayor - -48- DDO /cr 7/17/78