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HomeMy WebLinkAbout82-22 - Amending Chapter 15.04 of the Newport Beach Municipal Code to Adopt the Uniform Building Code, 1979 Edition• 0 -82 -22 ORDINANCE NO. 82 -22 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1979 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: Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of Uniform Building Code 15.04.020 Addition of Section 103.5 to the Building Code 15.04.030 Addition of Section 108 to the Building Code 15.04.040 Addition of Section 110 to the Building Code 15.04.050 Amendment to Section 201 of the Building Code 15.04.060 Amendment to Section 204 of the Building Code 15.04.070 Amendment to Section 205 of the Building Code 15.04.080 Amendment to Table No. 3 -A of the Building Code 15.04.090 Addition of Section 303(a) to the Building Code 15.04.100 Addition of Section 304(f) and (g) to the Building Code 15.04.110 Amendment to Table 5 -A of the Building Code 15.04.120 Amendment to Section 1101 of the Building Code 15.04.130 Addition of Section 1103 to the Building Code 15.04.140 Addition of Section 1107 to the Building Code 15.04.150 Amendment to Section 3203(f)' of the Building Code 15.04.160 Amendment to Section 3209 (Appendix) of the Building Code 15.04.170 Amendment to Section 35 of the Building Code, Sound Transmission Control Noisefinsulation Standards 15.04.180 Amendment to Section 3703(f) of the Building Code 15.04.190 Addition of Subsection 12 of Section 3802(b) to the Building Code 15.04.200 Amendment to Chapter 54 of the Building Code 15.04.210 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading 0 -82 -22 15.04.010 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, 1979 Edition, Volume 1" and "Uniform Building Code Standards, 1979 Edition" respectively, published by the International Conference of Building Officials, and the whole thereof, including the appendix thereto, excluding therefrom Chapter 12, 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; ate 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 maintenance of all buildings and structures in the City providing for issuance of permits and collection of fees therefor; providing penalties for violation of such Code, 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: 2 0 -82 -22 '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 automo- bile trailer, house trailer, mobile home, camper, or • similar vehicle may be located, occupied and used on premises in the City where construction work is in pro- gress 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 a permit shall be issued only when the use and 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 welfare of the proposed occupants or the public. Revocation shall be effected by the Building Official only after five (5) • days of written notice to the permittee and an oppor- tunity for the_permittee to be heard by the Building 3 0 -82 -22 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 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 facilities must be pumped out and recharged with a non - irritating chemical frequently enough to prevent odors or overflowing. All facilities 4 0 -82 -22 BOARD'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 construction. The Build- ing 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 5 required herein must be maintained during the period of • construction. The Building Official may specify the location of the structure or structures on the construc- tion site to assure its availability to employees and to make it less offensive to occupants of surrounding pro- perty.' 15.04.050 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 Department. The Building Department shall be under the jurisdiction of the Building Official.' 15.04.060 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: • BOARD'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 construction. The Build- ing 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 5 0 -82 -22 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 One Hundred Fifty Dollars ($150.00), 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, 8.0% of the fee paid shall be refunded in accor- dance with the City ordinances.' 15.04.070 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 con- tinues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as here- in provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or constru- ed 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 cancel the 0 0 -82 -22 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. 15.04.080 Amendment to Table No. 3-A of the Building Code. Table 3 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to add and change fees as shown. All other portions of Table 3 -A, not hereafter specifically amended, shall be adopted as published. Other Inspections and Fees: • 1. Inspections outside of normal business hours (minimum charge - 2 hrs.) ........... $25.00/ hr. 2. Reinspection fee assessed under provisions of Section 305(8) ...............$15.00 each 3. Inspections for which no fee is specifically indicated (minimum chage 1/2 hr.) .............$25.00/ hr. 4. Additional plan review required by changes additions or revisions to approved plans (minimum charge - 1 hr.) ............ $25.00/ hr. 15.04.090 Addition of Section 303(a) to the Building Code. Section 303 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec 303(a) Issuance. The application and plans filed 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 V1 0 -8z -22 the Building 'Official is satisfied that the work des- cribed in an application 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 304(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 'Permit Set'. Such plans 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 build- ising or structure have been submitted or approved provid- ed adequate information and detailed statements have been filed complying with all pertinent 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. 15.04.100 Addition of Section 304 (f) and (g) to the Building Code. Subsections (f) and (g) of Section 304 are added to the Building Code, hereinbefore adopted in Section 15.04.010 to read: '(f) Other Fees. For any special inspection or investigation of any use, occupancy, change in use or occupancy and building or structure or any other work • not otherwise covered herein by any owner, agent, agency or other person $50.00 for the first hour or part there- of plus $25.00 for each additional hour or part thereof. 8 o -a2 -22 E 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 $50.00 for the first hour or part thereof plus $25.00 for each additional hour or part thereof shall be collected for the time required for the investigation where such is found to be neces- sary. 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 exempt 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 is demonstrated to 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 per- mit 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 obtain- ing 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 E 0 -a2 -22 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 cancelled. The Building Official shall thereupon stamp or write on the face of such permit the words 'Cancelled at the request of the Permittee.' Thereupon such permit shall be null and void and of no effect.' 15.04.110 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 occu- pancy 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.' • 15.04.120 Amendment to Section 1101 of the Building Code. Section 1101 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 1101 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.' 15.04.130 Addition of Section 1103 to the Building Code. Section 1103 is added to the building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec 1103 Location on Property. For fire - resistive protection of exterior walls and openings, as determined by location on property, see Section 504 and Part IV. • 10 0 -82 -22 EXCEPTIONS Residential patios and private carports • open on at least three sides and not over400 square feet in area are exempt from the fire - resistive protection for exterior walls and openings as required by this ordinance.' See Chapter 20 of the Newport Beach Municipal Code for required setbacks.' 15.04.140 Addition of Section 1107 to the Building Code Section 1107 is added to the Building Code, hereinbefore adopted in Section 15.04.010: 'Sec. 1107 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. Openings bet- ween vertical members shall be not wider than five (5) • inches and horizontal members accessible from the ex- terior, 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 the hotel or motel which has staff on continuous duty, seven (7) days a week, twenty -four (24) hours a day. 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 ispool side as to prevent release from the exterior. 11 0 -82 -22 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 enclo- sures 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.' 15.04.150 Amendment to Section 3203(f). Section 3202(f) of the Building Code, hereinbefore adopted in Section 15.04.010 is amended to read: '(f) Ordinary Roof Covering. An ordinanry roof covering shall be any one of the following roofings: 1. Any roof covering listed in Section 3203(e). 2. Any built -up roofing assembly not less than Class C roofing. • 3. Any mineral aggregate surface built -up roof for applica- tion to roofs having a slope of not more than 3 inches 12 0 -s2 -22 to 12 inches applied as specified in Section 3203(d)2, • consisting of not less than the following: Base Sheet and Plies Three layers of Type 15 organic or inorganic fiber felt, and Surfacing Material 300 pounds per roofing square of gravel or other approv- ed surfacing material, or 250 pounds per roofing square of crushed slag in 50 pounds of asphalt, or 60 pounds of pitch. 4. Any prepared roofing not less than Class C roofing as- sembly. 5. Any pressure treated wood shingles not less than Class C roofing assembly. 6. Any pressure treated wood shakes not less than Class C • roofing assembly. NOTE: Section 1704 addressing ordinary roof coverings and special purpose roofs shall pass Class C test per U.B.C. Standard No. 32 -7. See Appendix Section 3209 for repair and reroofing requirements.' Section 15.04.160 Amendment to Section 3209 (Appendix) Section 3209 of the Building Code, hereinbefore adopted in Section 15.04.010 is amended to read: 'Sec 3209. All re- roofing shall conform to the applicable provisions of Chapter 32 of this code. Roofing materials and methods of application shall comply with Uniform Building Code Standards or shall follow the manufacturer's installation requirements when approved by the Building Official. • 13 0 -s2 -22 When replacing, adding or repairing more than 108 • of any existing roof, material shall comply with Section 3203(f) and shall pass Class C test per U.B.C. Standard No. 32 -7. This section shall supersede Section 104(b) of the Uniform Building Code.' 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 estab- lish 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 iso- late impact noise, where measurement procedure is 14 0 -82 -22 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 airborne noise, where measurement procedure is based on ASTM E90 -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 apart- ment 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 assemblies separating 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 insula- tion for floor - ceiling assemblies. (2) Airborne Sound Insulation. All such separat- ing walls and floor - ceiling assemblies shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35 -1. Penetrations or openings in construction 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 0 -82 -22 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 condi- tion. (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 16 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 No. 35- 1, 35 -2, or 35 -3 may be used without any additional field testing when in the opinion of the Building Official, the laboratory tested design has not been compromised by flanking paths. Test may be requir- ed by the Building Official. (5) Field Testing and Certification. Field test- ing, when required, shall be done under the super- vision of a professional acoustician who shall be experienced in the field of acoustical testing and engineering, who shall forward certified test re- • sults to the Building Official showing that the 16 source room to the receiving room shall be considered to be transmitted through the test par- tition. (7) Impact Sound Insulation Field Test. When required, impact sound insulation shall be deter- mined 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 use standards, residential structures located in noise critical areas, such as proximity to se- lect 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 ex- terior 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 insula- tion of the building itself. 17 minimum sound insulation requirements stated above • have been met. (6) Airborne Sound Insulation Field Tests. When required, airborne sound insulation shall be deter- mined according to the applicable Field Airborne Sound Transmission Loss Test procedures of U.B.C. Standard No. 35 -3. All sound transmitted from the source room to the receiving room shall be considered to be transmitted through the test par- tition. (7) Impact Sound Insulation Field Test. When required, impact sound insulation shall be deter- mined 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 use standards, residential structures located in noise critical areas, such as proximity to se- lect 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 ex- terior 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 insula- tion of the building itself. 17 0 -82 -22 (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 defined in Title 4, Subchapter 6, California Administrative Code) of 60 require an acoustical analysis showing that the structure has been designed 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, railroad, 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 ex- ceed four per day. See Chapter 10.28 for pro- hibited noises. • M o -a2 -22 (f ) Compliance • (1) Evidence of compliance shall consist of sub- mittal of an acoustical analysis report, prepared under the supervision of a person expeienced in the field of acoustical engineering, with the applica- tion 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 effective- pliance or non - compliance with prescribed interior • allowable levels shall be submitted to the Building official.' 19 ness 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 or typical maximum exterior noise level within legal limits. A test report showing com- pliance or non - compliance with prescribed interior • allowable levels shall be submitted to the Building official.' 19 0 -82 -22 Section 15.04.180 Amendment to Section 3703(f). Section 3703(f) of the Building Code, hereinbefore adopted in Section . 15.04.010 is amended to read: (f) Height and Termination. Every chimney shall • extend above the roof and the highest elevation of any part of a building as shown in Table No. 37 -B. All chimneys shall terminate in a substantially constructed spark arrester having a mesh not exceeding 1/2 inch. 15.04.190 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 15.04.010, to read: 'Section 3802(b) 7. In all buildings having floors used for human occupancy located more than 55 feet above the lowest level of Fire Department vehicle access.' Section 15.04.200 Amendment to Chapter 54 of the Build- ing Code. Section 5402, 5406 and 5407 of Chapter 54 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: Identification 'Sec. 5402. Each light shall bear the manufacturer's label designating the type and thickness of glass. When approved by the Building Official, labels may be omitted, provided an affidavit is furnished by the glazing contractor certifying that each light is glazed in accordance with approved plans and speci- fications. Identification of glazing in hazardous locations shall be in accordance with Section 5406.' c E 0 -a2 -22 Safety Glazing 'Sec. 5406. (a) General. comply with this section. Glazing subject to human impact shall EXCEPTION: Louvered windows or jalousies complying with Section 5405 need not comply with Subsection (c) of-this section. (b) Identification. Each light of safety glazing material installed in hazardous locations as defined in Section 5406(d) shall be identified by a label which will specify the labeler, whether the manufacturer or installer, and state that safety glazing material has been utilized in such installation. For additional identification requirements and for limitation on size and use by category classification, see U.B.C. Standard No. 54 -2, Part I. Each unit of tempered glass shall be permanently identified by the manufacturer. The identification shall be etched or ceramic fired on the glass and be visible when the unit is glazed. Tempered spandrel glass is exempted from permanent labeling but such glass shall be identified by the manufacturer with a removable paper label. (c) Human Impact Loads. Individual glazed areas in hazardous locations such as those indicated in Section 5406(d) shall pass the test requirements of Part I of U.B.C. Standard No. 54 -2 or by comparative tests approved by the Building Official which shall be proved to produce at least equivalent performance. EXCEPTION: Polished wired glass complying with Part II of U.B.C. Standard No. 54 -2 may be used in fire assemblies and in locations specified in Items Nos. 6 and 7 of Section 5406 (d). Plastic glazing used in exterior applications also shall comply 21 0 -82 -22 with the weathering requirements in Part I of U.B.C. Standard No. 54 -2. • (d) Hazardous Locations. The following shall be con- sidered specific hazardous locations for the purposes of glazing: (1) Glazing in ingress and egress doors except jalousies. (2) Glazing in fixed and sliding panels of slid- ing-type doors other than wardrobe doors. (3) Glazing in storm doors. (4) Glazing in all unframed swinging doors. (5) Glazing in shower and bathtub doors and-enclo- sures. (6) Glazing, operable or inoperable adjacent to a door in all buildings and within the same wall plane as the door whose nearest vertical edge is within 12 inches of the door in a closed • position and whose bottom edge is less than 60 inches above the floor or walking surface. (7) Glazing in fixed panels other than those covered by Item No. 6 which have a glazed area in excess of 9 sq. ft. and the lowest edge is less than 18 in. above the finished floor level or walking surface within 36 in. of such glazing. In lieu of safety glazing, such glazed panels may be protected with a horizon- tal member not less than 1 1/2 in. in width when located between 24 and 36 in. above the walking surface. EXCEPTION: The following products, materials and uses are exempt from the above hazardous locations: r � LJ 22 0 -82 -22 (1) Openings in doors through which a 3 in. sphere is unable to pass. (2) Assemblies of leaded glass or faceted glass • and items of carved glass when used for decorative purposes indoors or in locations described in Section 5406(d), Item No. 6 or 7, above. (3) Glazing materials used as curved glazed panels in revolving doors. (4) Commercial refrigerated cabinet glazed doors. (e) Wardrobe Doors. Glazing in wardrobe doors shall meet the impact test requirements for safety glazing as set forth in U.B.C. Standard No. 54 -2, Part II. Laminated glass must also meet the boil test requirements of U.B.C. Standard No. 54 -2, Part II. EXCEPTION: The impact test shall be modified so that if • no breakage occurs when the impacting object is dropped from the height of 18 in., the test shall progress in height increments of 6 in. until the maximum of 48 in. is reached. Hinged Shower Doors 'Sec. 5407. Hinged shower doors shall open outward. 15.04.210 Amendment to Appendix Chapter 70 of the Build- ing Code, Excavation and Grading. Appendix Chapter 70 of the Building Code hereinabove adopted in Section 15.04.010, is amend- ed to read: • 23 0 -82 -22 CHAPTER 70 • EXCAVATION AND GRADING Section 7001. The purpose of this chapter is to safe- guard life, limb, property and the public welfare by regulating grading, drainage and hillside construction on private property and for similar improvement proposed by private interests on City right -of -way where regulations are not otherwise exercised. Section 7002 This chapter sets forth rules and regu- lations to control excavation, grading, drainage conditions, erosion control, earthwork construction including fills and embankments, and the use of earth materials as a structural com- ponent; establishes the administrative procedure for'issuance of permits; and provides for the approval of plans and inspection of grading construction and drainage control. • Section 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 autho- rized by a valid Building Permit. This shall not exempt any fill made with the material from such excavation nor exempt any exca- vation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private. 2. Cemetery graves. r� �J 24 0 -s2 -22 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- emptive 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 continguous property. 6. Exploratory excavations under the direction of soils engineers or engineering geologists. 7. An excavation which (a) is less than 2 ft. in depth; or (b) which does not create a cut clope greater than 5 ft. in height and steeper than two horizontal to one vertical; and (c) which is less than 50 cubic yard on one site and does not • create an adverse erosion, drainage, groundwater, or slope condi- tion requiring remedial work covered by these regulations. S. Unless preempted by other regulation, fill which does not exceed 50 cubic yards on any one site which is not part of a regular maintenance procedure and which: (a) Is placed on natural undisturbed terrain with a slope flatter than 5 horizontal to 1 vertical; or (b) Less than 3 ft. in depth not intended to sup- port structures provided: (i) No fill which may create an adverse slope, erosion, drainage, groundwater or structural condition shall be placed without a Grading Permit; (ii) No person shall construct, reconstruct, alter, repair or install any structure in any • 25 0 -82 -22 natural drainage channel water course without a Grading Permit; • (iii) 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 construction on a site from code compliance due to an exempted nonconforming condition nor shall any exception be construed as exempting an 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 plane management requirement. Section 7003.2 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. Section 7004• Whenever the Building Official determines by inspection, from 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 adersely affects the safety, use or stabi- lity of a public way or any drainage channel, he shall make a determination of the level of hazard and the owner of the pro- perty 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 • 26 0 -E2 -22 specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to • eliminate 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. Section 7005. Definitions. For purposes of this Chapter, the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean a written, engineering or geolo- gical opinion concerning the satisfactory progress and completion of the work. AS- GRADED" is the topographic surface at completion of grading. BEDROCK is in -place of solid rock. BENCH is a relatively level step excavated into earth • material on which fill is to be placed. BORROW is earth material acquired from off -site loca- tion 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 evaluation, design and con- struction 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. • 27 0 -s2 -22 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 professional geolo- gist registered in the State of California as a geologist and certified by the State of California 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. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by arti- ficial means. GRADE shall mean the vertical location of the ground surface. ROUGH GRADE is the final grade of the site which con- forms to the approved plan. 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 stablized 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 mi o -82 -22 upon which it was issued, together with any plans, specification, reports and approved modifications pertaining thereto. • PERMITTEE shall mean the owner or his authorized agent to whom a Grading Permit is issued. SEDIMENT is the material derived by erosion carried by an agent of erosion. SITE is any lot or parcel of land or contiguous com- bination 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 distance. SOIL is naturally occurring surficial deposits over- lying bedrock. SOIL ENGINEER is a civil engineer with training and experience in soil mechanics who specializes in the practice of • soils and foundation engineering. 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 con- struction thereof. TERRACE is a relatively level step constructed in the face of a grade slope surface for drainage and maintenance pur- poses. TRACT is a subdivision of land containing five (5) or more lots. • Om 0 -82 -22 Section 7006. Grading Permit Requirements (a) Permits Required. Except as exempted in Section • 7003 of this Code, no person shall do any grading without first obtaining a 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 plane 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 and 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 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(es) of professional person(s) or firm(s) pertaining to the project. 30 0 -82 -22 • • 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. (3) Limiting dimensions, elevations or finish contours to be achieved by the grading and proposed drainage channels and related construction. In a flood plane 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 v?ork, 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 and pollution control facilities. The Building official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants from project drainage unless construction on a building is on- going. (6) Detailed plans for temporary (during construction) and /or permanent sediment control facilities. (7) 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 ft. of the property or which may be affected by the proposed grading operations. 31 L, 0 -82 -22 (8) 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 of the haul route to be submitted for approval. (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 into 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, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. is 32 0 -82 -22 Recommendations included in the report and approved by the Building Official shall be incorporated, into the grading • plans or specifications. (g) Issuance. The provisions of Section 303 are applicable to Grading Permits. The Building'Official may require that grading operations and project designs be modified to provide for erosions controls if project completion, including erosion protection devices, will extend into the rainy season (October 15th through May 15th) 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 the provisions of Section 7017. In addition to the time limitations as specified in Section 303 (d), every permit issued shall be valid for a period of one year from the date thereof. (h) Transport of Barth from or to the Project 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 right -of -way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation. • 33 0 -82 -22 • 34 (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 road 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 percent (3 %). There must be a 300 ft. (three- hundred) clear, unobstructed sight distance to the intersection from both the public roadway and access road. If the three hundred feet (300 ft.) 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. (6) An advance warning sign must be posted on the public roadway, four - hundred feet (400 ft.) on either side of access intersection, carrying the words "truck crossing." The sign shall be a diamond shape, each side being thirty inches (30 in.) in length, shall have a yellow background, and the letters thereon shall be placed six feet (6 ft.) from the edge of the pavement and the base of the sign shall be five feet (5 ft.) above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. • 34 0 -82 -22 Section 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 preventing or eliminating the adverse or dangerous conditions 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. (d) Conditions 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. • 35 0 -82 -22 Section 7007 (a) Plan Checking Fee • (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 (3 ft.) 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 erosions or sediment • control devices or similar facilities. The plan checking fee for a Grading Permit authorizing 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 alterations 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 opinion, the proposed drainage alterations are sufficient in extent to require more than field inspection to ensure code 36 • • 0 -82 -22 conforming improvement. Fees shall be assessed in a similar manner to a Grading Permit plan checking f ee . (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 which ever 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 f ee. TABLE 70 -B GRADING PERMIT FEES 100 cubic yards or less ...... .........................$33.00 101 to 1,000 cubic yard... .... ....$33.00 ... ... .......... .. the first 100 cubic yards plus $12.00 for each additional 100 cubic yard or fraction thereof 1,001 to 10,000 cubic yards.. .. .......$141.00 .. .. .......... the first 1,000 cubic yards plus $12.00 for each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards.. ..... .. ........$249.00 the first 10,000 cubic yards plus $49.00 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more... .......$691.50 ... ... ........ the first 100,000 cubic yards plus $26.00 for each additional 10,000 cubic yards or fraction thereof 37 • 0\ 0 -82 -22 TABLE 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 ........................$3.00 More than $100.00 to and including $400.00 .............$4.50 More than $400.00 to and including $700.00 .............$6.50 More than $700.00 to and including $1,000 ..............$7.50 Each additional $1,000.00 or fraction to and including $25, 000.00 . ..........................$4.00 Each additional $1,000.00 or fraction to and including $50,000.00.... ......... o ............. $3.50 Each additional $1,000.00 or fraction to and including $100,000.00....o ...... o .......... o ... $2.50 Each additional $1,000.00 or fraction more than $ 100, 000.00 ......... ..........................$1.50 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. Section 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 M 0 -82 -22 amount equal to that which would be required in the surety bond. Section 7009. Cuts. • (a) General. Unles otherwise approved by the Building Official and recommended in the approved soil engineering and/or 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 slopes 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. Section 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 veritical (2:1). • (c) Preparation of Ground. The ground surface shall be 0 -8z -22 prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying 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 bending into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe 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 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 not 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 40 0 -82 -22 placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply: • (1) Prior to the 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 shall be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted. (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 density 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 characteristics 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 in- place 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.B.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 41 0 -82 -22 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 constructed 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 and the surfaces of terraces shall be graded and paved as required by Section 7012. (h) Utility Line Backf ill. All backfill in utility isline 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 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 • 42 0 -82 -22 trenches utilizing this material must cross foundations at right angles or be located outside a one horizontal to one vertical • plane extending from the nearest point of the foundation to the bottom of the trench. Section 7011. Setbacks. (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 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 slops right area and easements, in • accordance with Figure No. 1 and Table No. 70 -Di TABLE 70 -D' SETBACKS H (FF) a b r 5 - 30 H/ 2 H/ 2 Over 30 15 10 43 • • • 0 -a2 -22 PAS � A 106 OF 5LO PE NATUKAL. OK rINl4N 61KADP. *Permit Area Boundary FIGURE NO. 1 PA � I . I I TOI' OP 6LOYE I I I I �NATUFCAL SLOr'E H PA PERMIT AREA 1. If drainage is carried on this side in an unimproved earth swale, the setback from the top of slop (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' - 011. 3. The tabular values may be enforced for natural slope conditions as determined by the Building official. H12 6Ur NEED NOT EXCEED LOFT MAXIMUM H/2 gut Neev NOT l;XGELC 15 Ff, MAXIMUM FIGURE NO. 2 44 0 -82 -22 Section 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 ft. in width shall be etablished at not more than 30 -ft. 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 minmum 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 sq. ft. (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 faciliites 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 corrosion - resistance pipe. If drainage facilities discharge onto natural ground, riprap or conversion to sheet flow may be required. Building pads shall have a drainage gradient of two percent (2 %) toward approved • drainage facilities, unless waived by the Building Official. 45 0 -82 -22 EXCEPTION: The gradient from the building pad may be one percent • (18) if all of the following conditions exist throughout the permit area: 1) No proposed fills are greater than 10 ft. in maximum depth. 2) No proposed finish cut or fill slope faces have a vertical height in excess of 10 ft. 3) No existing slope faces, which have a slope face steeper than 10 horizontally to 1 vertically, have a vertical height in excess of 10 ft. (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 0.28 paved area. C. When asphalt concrete pavement is recommended for parking lot surfacing or other similar use by the civil engineer or 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 asphalt concrete (A.C.) aggregate base (A.B.) prime coat, tack coat, seal coat shall meet the current standards of the City of Newport Beach and/or the approval of the Building Official, and shall be designed in • accordance with any generally accepted pavement design 46 0 -82 -22 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. Section 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 intalled 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 continuous 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 cuts and fill slopes will be effectively planted, the preparation and planting should be designed by an experienced landscape planner, each bank 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 47 0 -82 -22 Building Official. (b) Pads. Pads should be prepared and maintained to • control erosion in the same manner as required for slopes. The Building Official may waive the requirement for planting on pads when construction has commenced within ten (10) days of the completion of the grading. (c) 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 measure on the plans shall be accompanied by a statement on the plans by the Building Official that none are needed. (d) Permanent desilting facilities may be required by the Building Official where undue siltation of Newport Bay may result. (e) 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. (f) 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. (g) Erosion control shall be coordinated with sites contiguous to the permit area to achieve effective control. Section 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 306 and 48 0 -82 -22 Subsection 7014 (c). Erosion control devices shall be installed, inspected and approved by the Building Official prior to the • rainy season (October 15th through May 15th.) (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" unless 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 ensure 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 recommenda- tions 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 establishment 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 liaison between the other profes- sionals, 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 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. 49 0 -82 -22 Soil engineering and engineering geology reports shall be required as specified in Section 7006. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted 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 of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological • matters, and the need for subdrains or other ground water drain- age 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 Of- ficial 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. o -a2 -22 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. (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 discrepan- cies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recom- mendations 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 the 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 data. 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: 51 0 -s2 -22 52 Prior to the approval of any building or grad- ing plans and specifications, the_ Building • Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions. (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 permit - tee 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 excava- tion is started, but before fill is plac- ed. (d) Fill Inspection. After the fill place- ment is started, but before the vertical height of the fill exceeds ten (10) feet; (e) Drainage Device Inspection. After form- ing of terrace drains, 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 52 0 -s2 -22 • • grading without the necessity of the Building Official having previously reviewed and approved the reports; (g) Final. When all work, including instal- lation of all drainage structures and other protective devices has been completed and the as- graded plan, profes- sional written approval, and the required reports have been submitted. (3) Revised Grading Plan: If the Building Of- ficial finds the soil or other conditions not as stated in the application for a Grading Permit, he may refuse to approve further work until approval is obtained for a revised grad- ing plan which will conform to the existing conditions. (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 respon- sible engineers, engineering geologist, and the Building Official. 53 0 -s2 -22 (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 examina- tion. 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 writ- ing, 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 con- struction work. Section 7015. Completion of Work. (A) Final Reports. Upon completion of the rough grad- ing work and at the final completion of the work, the Building Official may require the following reports and drawings and supp- lements thereto. (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 r �i 54 o -s2 -22 drainage facilities. He shall provide written approval that the work was done in accordance with • the final approved grading plans. (2) A soil grading report prepared by the soils engineer, including locations and elevations of field density tests, summaries of field and labora- tory tests and other substantiating data, and com- ments 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 descrip- tion of the geology of the site, including any new information disclosed during the grading, and the • effect of same on recommendations incorporated in the approved grading plan. He shall provide witten approval as to the adequacy of the site for the intended use as affected by geologic factors. (B) Notification of Completion. The permittee or his agent shall notify the Building Official when the grading opera- tion 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 approv- ed 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 • control devices will be maintained. Temporary devices shall be removed prior to completion. 55 0 -82 -22 Section 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 chap- ter, 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 qua- lity, strength, effectiveness and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be 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. Section 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 • 56 0 -82 -ii 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 na- tural 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 propos- ed is subject to geological or flood hazards to the extent that no reasonable amount of corrective work can eliminate or suffi- ciently reduce the hazard to human life or property, the Grading Permit and the Building Permits for habitable structures shall be denied. (c) Environmental Effect, Mitigation. The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects at proposed grading projects and he may, under circumstances where • significant adverse effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. When a categorical exemption is not appropriate for a site of proposed grading work, the City shall cause to be prepared an initial study, which shall be submitted to the Building Official. If the initial study shows that no significant adverse environmental effects will result from the project, a negative declaration may be issued. The Building Official shall cause the site to be posted and the members of the City Council notified regarding the issuance of the negative declaration. Appeal of the Building Official's determination to issue a negative declaration shall be set forth in the State EIR Guidelines, Title 14, Section 15000 et seq., California Administrative Code. The Building Official may charge a fee to a permit applicant for the preparation and • processing of environmental documentation. 57 0 -82 -22 Section 7018. Placing 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 an- other without the express consent of the owner of each such pre- mises 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. (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 Building Director shall cause such • removal and the cost of such removal by the Building Director shall be paid to the City by the person who failed to so remove the material. Section 7019. Denuding Natural Ground Cover No person, except pursuant to written order of the Fire Marshal, shall de- nude and destroy the natural cover of any watershed 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 effec- tive 30 days after the date of its adoption. • 67LI 0 -82 -22 This 'Ordinance was introduced at a regular meeting of • the City Council of the City of Newport Beach held on the 27thday of September , 1982, and was adopted on the 12th day of October , 1982 by the following vote, to wit: AYES, COUNCILMEMBERS Hummel, Cox, Hart, Heather, Strauss, Maurer, PlumnX-x NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None • 59