HomeMy WebLinkAbout05 - Adoption of the Building Codes�Ewvoar CITY OF NEWPORT BEACH
om� COMMUNITY AND ECONOMIC DEVELOPMENT
BUILDING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3275; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Adoption of the Building Codes.
May 10, 1999
5
Jay Elbettar
(949) 644 -3282
SUGGESTED ACTION
Introduce the ordinance, the resolution of findings for local amendments and pass to
second reading on May 24, 1999.
EXECUTIVE SUMMARY
In accordance with State law, model codes, as published by the Building Standards
Commission in Title 24, are mandated to be enforced on July 1, 1999. The attached
ordinance proposal, along with the resolution of required findings for local
amendments, will bring Newport Beach into compliance with that requirement.
BACKGROUND
Based on a November 18, 1998 ruling by the California Building Standards
Commission, the 1998 California Building Codes will go into effect July 1, 1999.
Section 17922 of the Health and Safety Code provides a detailed explanation of the
process.
Section 17958 deals with adoption of ordinances by cities. It states that cities may
make changes or modifications in the State provisions adopted pursuant to Section
17922 upon express findings by the City Council that these changes are reasonable
and necessary because of local climatic, geological, or topographical conditions. These
local amendments, additions and deletions to the 1998 State Building Standards Code
need to be in effect on July 1, 1999. Failure to do so will impose State requirements
without local amendments.
Each city or county adopts these codes with amendments, additions or deletions
necessary because of local climate, geological, or topographical conditions pursuant to
I
Section 18941.5 or Section 17958.7 of the Health and Safety Code. Findings must be
made by the jurisdiction to any changes that are more restrictive than the standards.
The adoption process takes place every three years when the model codes are
published. The current adoption will be for the following codes:
1998 Editions of the California Building, Mechanical and Plumbing Codes based
on the 1997 Uniform Codes.
2. 1998 California Electrical Code based on the 1996 National Electrical Code.
3. The 1997 Uniform Housing and Administrative Codes.
4. The 1997 Swimming Pool, Spa and Hot Tub Code.
5. The Excavation and Grading Code.
In an effort to provide consistency in code application and reduce regulations while
maintaining high safety standards in Orange County, several cities joined to form a
uniformity group. This group studied the local amendments of each participating city
and through a consensus process reached an agreement to adopt a uniform set of
amendments covering the technical provisions. The result is a total of nine
amendments representing a 90% reduction in local amendments. The following list
represents all participating cities: Anaheim, Brea, Garden Grove, Irvine, Laguna
Niguel, Laguna Hills, Mission Viejo, Orange, Villa Park, Westminster. Newport
Beach is a member of the group and the attached proposed amendments are consistent
with that effort. The Administrative, Housing, Fire and Grading Codes were not
addressed since each jurisdictions application of these codes depends on their
organization structure.
The Building Board of Appeals heard the proposed amendments at its April 7, 1999
meeting and voted unanimously to recommend adoption of the proposed amendment to
the City Council. In addition, the Building Department met with representatives of the
Orange County Chapter of the Building Industry Association who attended the Board of
Appeals meeting of April 7, 1999, as well and concurred with the proposed amendment.
The board meeting was attended by several members of the development community as
a result of approximately 100 invitations from our user group mailing list.
OVERVIEW OF THE PROPOSED AMENDMENTS
A summary of the proposed amendments and justifications is presented on Page 4 of
this report. The Building Department evaluated the existing amendments and deleted
several provisions consistent with the uniformity effort. Several provisions were also
deleted to eliminate redundancies and in the interest of streamlining processes such as
the Section 15.02.070 requirement for a bond for a temporary utility connection. Staff
believes that processing these bonds is a long and unnecessary administrative process
when the amount of the bonds ($500 and $1,000 for residential and commercial
buildings, respectively) may not be a sufficient incentive to compel compliance. Staff
believes that a commitment letter from a property owner would be sufficient for the
purpose of granting temporary utility connections.
Respectfully submitted by:
JAY ELBETTAR
Building Director
0
Attachment: Proposed Ordinance and Resolution of Findings
53
SUMMARY OF PROPOSED AMENDMENTS
4
NBMC
Title
Action
Comments
Section
Uniform
15.02.035
Mechanical equipment
Deleted
Redundant; subject covered by Section
Administrative Code
10.26.045
(UAC)
15.02.050
Other inspections
Deleted
Redundant; covered by Section 309 of
the Uniform Administrative Code.
15.02.070
Temporary utility
Deleted
Deposit requirement is an administrative
connection
burden and an ineffective process.
California
15.04.030
Definition of "U"
Deleted
Use model code definition.
Building Code (CBC)
I
occupancy
15.04.040
Definition Of "U2"
Deleted
Use model code definition.
occupancy
15.04.050
Location on property
Deleted
Follow model code requirements for
protection of openings for patio cover.
15.04.060
Minimum roof
Amended
Editorial, also require class A or B roof
Classification
system in high fire hazard zone.
15.04.070
General, re- roofing
Deleted
Use model code text.
15.04.070
Minimum
Amended
Require a vapor barrier below slab on
(new)
slab thickness
grade for protection from moisture or
gas permeation into inhabited space
causing damage to flooring and creating
unsanitary conditions.
15.04.080
Exception to corridor
Deleted
Exception has been included in model
wall protection
code.
15.04.080
Structural plain
Amended
To require minimum reinforcing in slab
(new)
concrete
on grade to prevent premature cracking
due to shrinkage or expansive soils.
California Mechanical
No revisions
Code (CIVIC)
California Electrical
15.06.020
Enforcement
Deleted
Redundant; model code language is
Code (CEC)
sufficient
15.06.030
Definition, Electrical
Deleted
Model code text is sufficient
Inspector
15.06.020
Electrical Conductors
Edit
Language edit. No change in
requirement.
15.06.040
Conductors
Delete
Replaced with NBMC 15.06.020
15.06.050
Grounding electrode
Deleted
Use model code requirement
15.06.060 &
Corrosion protection
Deleted
Use model code requirement.
15.06.070
15.06.080
Electrical metallic
Deleted
Use model code requirement
tubing
15.06.090
Grounding
Deleted
Use model code requirement
California Plumbing
15.08.025
Materials (water pipe)
Amended
Require underground water pipe tube to
Code (CPC)
be plastic or asbestos cement due to
local hot soil conditions.
15.08.030
Materials for gas piping
Editorial
Requires underground gas pipe to be of
plastic due to local hot soil conditions.
Swimming
15.09.030
General
Amended
Replaced pool safety requirements with
Pool Code
the requirements from the Safety Act,
Health and Safety Code.
Excavation & Grading
15.10
Editorial Revisions
4
0 ORDINANCE NO. 99 -_
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS
15.02, 15.03, 15.04, 15.05, 15.06, 15.08, 15.09, and 15.10 OF TITLE 15 OF THE
NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 1997 EDITION OF THE
UNIFORM ADMINISTRATIVE CODE, THE 1997 EDITION OF THE UNIFORM
HOUSING CODE, THE 1998 EDITION OF THE CALIFORNIA BUILDING CODE,
THE 1998 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 1998
EDITION OF THE ELECTRICAL CODE, THE 1998 EDITION OF THE
CALIFORNIA PLUMBING CODE, THE 1997 EDITION OF THE UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE, AND THE EXCAVATION AND
GRADING CODE.
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is
adopted to read:
Chapter 15.02
ADMINISTRATIVE CODE
Section:
15.02.010 Adoption of the Uniform Administrative Code
15.02.020 Amendment to Section 204.
15.02.030 Amendment to Section 301.2.1.2.
1 nom_A, a. t to Reet:ons 302 Deleted.
z —v r....cn:....cn., co-;vccmvno-wc
15.02.040 Amendment to Sections 304.2, 304.3 and 304.5.2 relating
to Fees.
�581 02 Cn a. t to a ti .. 305 � Deleted.
i�.Weir ...: no crocc cr .. oo... � .
15.02.050 Amendment to Section 306.2.
45.0n n0Amendment to c,.etie., 308 n Deleted.
v. --wvcccrorrovoa
15.02.010 Adoption of the Uniform Administrative Code. The City
Council adopts and incorporates by reference, as though set forth in full in this
. chapter, the 19947 edition of the "Uniform Administrative Code" as published by
the International Conference
of Building
Officials, except
fees which shall be
•
established by Resolution of
the City
Council, subject
to the changes and
modifications set forth in this chapter. The various parts of this Code, along with
the additions, amendments and deletions adopted in this chapter, shall constitute
and be known as the Newport Beach "Administrative" Code. A copy of the 19947
Uniform Administrative Code, printed in code book form, shall be kept on file in the
office of the City Clerk.
15.02.020 Amendment to Section 204 of the Administrative Code.
Section 204 of the Administrative Code is amended to read as follows:
SECTION 204.1 General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official relative to the application
and interpretations of the technical 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 and building
service equipment, two (2) of whom shall be physically disabled, and who are not
employees of the City of Newport Beach. The building official shall be an ex officio
member and shall act as secretary to said board but shall have no vote upon any
matter before the board. The Board of Appeals shall be appointed by the City
Council and shall hold office at its pleasure. The board shall adopt rules of
procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building official and may
recommend to the City Council such new legislation as is consistent therewith.
SECTION 204.2 Limitations of Authority. The Board of Appeals shall
have no authority to interpret the administrative provisions of codes; nor shall the
board be empowered to waive requirements of codes. .
2
• SECTION 204.3 Fee for an Appeal Hearing before the Board of
Appeals. The fee for an appeal hearing before the Board of Appeals shall be as set
forth in the City Council Fee Resolution 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, the Building Official may authorize refunding of up to 80% of
the fee paid.
15.02.030 Amendment to Section 301.2.1.2 of Administrative Code.
Section 301.2.1.2. of the Administrative Code is amended to read as follows:
Fences not over 3' high above grade.
SECTION 15.02.035 is deleted.
15.02.035 Amendmept to Seetion 302 of the Adn9nistrative Code
See. 302.6 Meehanieal Equipment. -Applieftnts for buUding permits whi
• inekil meehankal equipmapnt ..1...11 he neti€`iedofrequired e8inplianee -with the
See. 302.7 A:_ Conditioning Equipment. N permits s . air
eenditieners v...—.. be issued only where installations ean be shown by eamputatien-,
rating based on the seund ,
Seund Pfesst- -e Level of MA er net to eKeeca an A weighted Sound v. t
Level e€ 65 dBA and be installed with timing aeviee that will deae watt the
egii;,v,,ent during the hours of IM0 D.M. to :00 A.M. The method ,.c,,,... ,,,...putatxe�
used shall be that speeifica in "Standard Appheat en of Seund -Rated O tdeei
iAt& ; Equipmeno', Standard 375 Air ee ndit°eni g and er -ation Institute,
-1984 or latest revision thereof.
15.02.040 Amend Sections 304.2, 304.3 and 304.5.2 of the Administrative
• Code relating to Fees.
3
Section 304 of the Administrative Code is amended to read as follows: .
SECTION 304.2 Permit Fees. The fee for each permit shall be as set forth
in the City Council Fee Resolution. Where a teehnieal eede has been a `e El by the
. . . . . . . . .. .... .. .... ..
in aeeerdanee witb the _sehedule established by the legislative ,.,.a..
The determination of value or valuation under any of the provisions of these
codes shall be made by the building official. The value to be used in computing the
building permit and building plan review fees shall be the total value of all
construction work for which the permit is issued as well as all finish work, painting,
roofing, electrical, plumbing, heating, air - conditioning, elevators, fire - extinguishing
systems and other permanent equipment.
SECTION 304.3 Plan Review Fees. When submittal documents are
required by Section 302.2, a plan review fee shall be paid at the time of submitting
the submittal documents for plan review. Said plan review fee shall be as set forth
in the City Council Fee Resolution.
The plan review fees specified in this section are separate fees. from the
permit fees specified in Section 304.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require
additional plan review or when the project involves deferred submittal items as
defined in Section 302.4.2, an additional plan review fee shall be charged as
required in the City Council Fee Resolution.
SECTION 304.5.2 Fee. An investigation fee, in addition to the permit fee,
shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by this
code. The payment of such investigation fee shall not exempt an applicant from
a
compliance with all other provisions of either this code or the technical codes nor
from the penalty prescribed by law.
SECTION 15.02.050 is deleted.
15:$3.050 Aanendment a Seetien 305.7 of the - '`- _dministr-atiye Code.
See. 305.7 Other laspteetivnT
1. in addifiep the eagle inspeetiens speeiae4 above, the - Bui4adiag Offieial
1 4 f tl.' od 4 1, 1 a a ether.
e6inpacno�:i the e�ermi^- ,erc^aov-aav��ci
whieh are a :feFeed by he eede enfeFeemeat
3. An owner-, agent, ageney or- etheF authorized r-equest . _ speeial
insp,eet✓ion Qete-Mine- the - p:epe: use, ;eeupanej � ;£ eh
ehar-••:- araccc�f e-upa ey of a building or struetWe and ebtain --a e de
eempiianee repe£t. The fee fe£reguested i speetiensv u1 —1 be as set erth
in the Couneil Fee Reselutiefi-.
15.02.050 Amendment to Section 306.2 to the Administrative Code.
Section 306.2 of the Administrative Code is amended to read as follows:
SECTION 306.2 Approval of Special Inspector: The special inspector
shall be a qualified person approved by the Building Official of the City of Newport
Beach or his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her employment
as prescribed in the applicable code. The special inspector shall report to the
Building Official in writing, noting all code violations and other information as
required on forms, prescribed or approved by the City of Newport Beach.
Eaeh per-sea ap^l54ng- fer listing4egist£atien as a- speeielli f--r the
City of Newport Beach shall possess a valid .,.,.Mien as a ,.pe l eat, ,
issued upon presentation e€ evidenee ec neeeB a , eempletien of testino
5
examination by a City appreved testing ate e✓
per-sen is ppb4n^. Each person applying for listindregistration as a special
inspector for the Citv of Newport Beach shall possess a valid certification from a
certifying agencv approved by the Building Official. as a special inspector for each
classification for which thev apply. The Building Official may administer testing
procedures, which he /she may find appropriate.
Each person applying for registration as a special inspector for the City of
Newport Beach shall pay a registration fee as set forth in the City Council Fee
Resolution, payable with the application.
A registration card shall be issued to each such special deputy inspector who
qualifies. A renewal fee as set forth in the City Council Fee Resolution for each
classification shall be charged on July 1 of each year thereafter at which time the
special inspector may be subject to re- examination.
The Building Official may, in writing, suspend or revoke any special deputy
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special Inspector's
qualification registrations are to be given only for the execution of work done under
Section 306.1 of the Uniform Administrative Code in the City of Newport Beach or
for work specifically authorized by the Building Official.
SECTION 15.02.070 is deleted.
R
•
See. 308.2 Temporary Utility C
bridiag seMee a meat to the seuree of energy, f--el for the
iu=reseef testine"ipme-" for- limited use — grantedunder a
LJ
11
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is
adopted to read:
Chapter 15.03
HOUSING CODE
Section:
15.03.010 Adoption of Uniform Housing Code.
15.03.010 Adoption of the Uniform Housing Code. The City Council
adopts and incorporates by reference, as though set forth in full in this section. the
19947 edition of the "Uniform Housing Code" as published by the International
Conference of Building Officials.
The various parts of this code shall constitute and be known as the Newport Is
Beach "Housing Code ". A copy of the 19947 Uniform Housing Code, printed in code
book form, shall be kept on file in the office of the City Clerk.
0
a
• SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is
adopted to read:
Chapter 15.04
BUILDING CODE
Sections:
15.04.010
Adoption of California Building Code.
15.04.020
Deletion of Chapter 1.
1 04 non
Amendment to e,,,,,.ie 312.1. Deleted
15.04.030
Amendment to Section 403
15.0=049
A=te_ :, nt to Table 3 A. Deleted
15.04.040
Addition to Section 904.2.1.
15.04-050
Additien te - Seetien 312.3. Deleted
15.04.050
Addition of Subsection 6 and 7 to
Section 904.2.2.
15.04.060
Amendment to Table 15 -A.
• 15 nn. ^v �. 070
Ame cfflent te ' ^ 1514 Deleted
-Ree (App,.._._a:_.�
v
15.04.070
Amendment to Section 1900.4.4
15.94.089
Additien to Seetien- 1005.7 Eyeeptie Deleted
15.04.080
Amendment to Section 1922.10.3
•
15.04.010 Adoption of the Uniform California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in
this Section of the 19948 edition of the "Uniferm California Building Code ",
including Appendix Chapters -4-2- Division -1 Read 9, Al2, A15, A16 Division II and
144 IV, A18, A29, A39 A31II, A31III, A34III, as published by the International
Conference of Building Officials.
The City Council also adopts and incorporates by reference, as though set
forth in full in this section, the 19948 edition of the "Uni€er-m California Building
Code" Volumes 1, 2 and 3, including all national codes and standards referenced
4
therein, based on the 1997 Uniform Building Code, as published by the •
International Conference of Building Officials.
The various parts of these Codes and Standards, along with the additions,
amendments, and deletions adopted in this section, shall constitute and be known
as the Newport Beach 'Building" Code. A copy of the 19948 Uni€er-M California
Building Code Volumes 1, 2 and 3, printed in code book form, shall be kept on file in
the office of the City Clerk.
15.04.020 Deletion of Chapter 1 of the Uniform Building Code.
Chapter 1 of the Uniform Building Code is deleted. All administrative
provisions including enforcement, permit process, fees and inspections for this
Chapter are contained in the Administrative Code under Chapter 15.02.
SECTION 15.04.030 is deleted.
&M. .
um..
■
15.04.030 Amendment to Section 403
Section 403 is amended to read as follows:
SECTION 403 Special Provisions for Group H Office Buildings
and Group R, Division Y n,.,........_cies all Occupancies.
SECTION 403.1 Scope. This section applies to _
SFA fl Group 14 Pii4 ieavo —And Group n, Di„isie : , Oee-- paneies all occupancies
each having floors used for human occupancy located more than .
55 feet (16,764 mm) above the lowest level of fire department vehicle access. Such
10
buildings shall be of type I or Type II -F.R. construction and shall be provided with an
approved automatic fire sprinkler system in accordance with Section 403.2.
SECTION 403.1.1 [For SFM] In addition to other applicable requirements of
these regulations, the provisions of this section shall apply to every new building of any
type of construction or occupancy having floors used for human occupancy located
more than 55 feet (16.764 mm) above the lowest level of fire
department vehicle access.
EXCEPTIONS.
1. Hospital as defined in Section 1250 of the Health and Safety Code.
2. The following structures, while classified as high -rise buildings, shall not be
subject to the provisions of this section, but shall conform to all other
applicable provisions of this regulation.
2a Buildings used exclusively as open parking structures.
0 2.2 Buildings where all floors above the 55 -foot (16,744 mm) level are used
exclusively as open parking structures.
2.3 Floors of buildings used exclusively as open parking garages and located
above all other floors used for human occupancy.
2.4 Buildings such as power plants, lookout towers, steeples, grain houses and
similar structures with noncontinuous human occupancy, when so
determined by the enforcing official.
2.5 Buildings used exclusively for jails and prisons.
SECTION 15.04.040 is deleted.
15.04 .040 A...,....1» ent to T.-l.le 4 A
group lJ, D visien 2 eeeupemey enly. l ethe. per-tiens of Table 3 A net herein
11
C=oup U, Division 2 eeeupaney deft :ed, Fenees ever three (Q) feet high, •
4....1........1 4..........
SECTION 15.040.050 deleted.
15.04.050 Addition to Seetien 312.3.
Se,-ti-.n H2.? Qf the Buikling Code is amended te read!
. _ 312.3 Leeation an Property.
EXCE mrnzz., M Netwithmttandi ng any applieable provisions ••C Title nn e f
e€ t4is eede —` hen approved by the Building Offieial other- enelest—aes sueh as-
sunshades,
, toilet f '1.4; .. .. s1.owersciuetures used solely in eenjunetieg w'41'
3e!!�
15.04.040 Addition to Section 904.2.1.
Section 904.2.1 of the Building Code is amended to read as follows:
SECTION 904.2.1 Where required. Notwithstanding any p1:,., ble
previsiens F this d an .4.. ..4: fi—ne 04: nb sh ^b system shall be stallud__:a
1. 41. total 1 f o f building v ds � 000 �&
a11�QQ�kpuriQ}Q$�ra�en ,,..., �, ,,. Q..000a., o,vvo square
An automatic fire - extinguishing system shall be installed in the occupancies and
locations as set forth in this section.
Notwithstanding any applicable provisions of this code, an automatic fire-
extinguishing system shall be installed in all occupancies when the total floor area
of a building, regardless of area separation walls or allowable area, exceeds 5,000
square feet.
12
•
• In all existing structures not equipped with an automatic fire extinguishing
system, when additions cause the structure to exceed 5,000 square feet the
following provisions apply.
A. When such additions are 25% or less than the original building square
footage, the existing structure and the addition need not be equipped with an
automatic sprinkler system.
B. When such additions exceed 25% but are less than 50% of the original
building square footage, the addition shall be equipped with an automatic sprinkler
system.
C. When such additions are 50% or more of the original building square
footage, the entire structure shall be equipped with an automatic sprinkler system
throughout.
15.04.050 Addition of Subsection 6 and 7 to Section 904.2.2.
• Subsection 6 and 7 of Section 904.2.2 is added to the Building Code to read as
follows:
SECTION 904.2.2
6. In all buildings having floors used for human occupancy located more
than 40 feet above the lowest level of Fire Department access.
7. in ap existing struet..per when y.l.l;t;.,........ase the ..4....,.4....e to a ee
5000 square feet and such .,d.ht;ens a ed 2594 but ., a less than 50%
of he eFigigu4 building squam footage, the addition shall be equ pppe
with an w tematie sp:— nk4eF system
When additions eausehestnaetum to eNeeed 5000 squaFe feet and the
a.dif'eas .,.ee. : of the ��:&.1 building - sgaafefootage, the ent'
str-ueture shag be equipped with an nutematie spr-iahler system
��Ss.'-6136i:t. T.. �aroiuiiy$ prz�ie•'" �hv'.- a' 15�. irg8 ,�pnal�eT2'lu-- u- .- cr,- v- ol..�l
•
13
7. In all existing structures not equipped with an automatic fire
extinguishing system that exceed 5,000 square feet, the following
provisions shall apply.
A. When additions are 1,250 square feet or less, the existing structure
and the addition need not be equipped with an automatic sprinkler
system.
B. When additions exceed 1,250 square feet, but are less than 2,500
square feet, the addition shall be equipped with an automatic sprinkler
system.
C. When additions are 2,500 square feet or more, the entire structure
shall be equipped with an automatic sprinkler system throughout.
Except in Group R, Division 3 and Group M occupancies, in partially •
sprinklered buildings, sprinklered areas shall be separated from non- sprinklered
areas. Such separation shall not be less than that required for a one -hour
occupancy separation.
15.04.060 Amendment to Table 15-A.
Table 15 -A of the Building Code is amended to read as follows:
CJ
14
... .
CJ
14
L�
•
TABLE NO. 15 -A MINIMUM ROOF CLASSIFICATIONM
OCCUPANCY
TYPES OF CONSTRUCTION
I
II
III
IV
V
FR
FR
1 -HR
N
1 -HR
N
HT
1 -HR
N
A -1
B
B
A)2-2.1
B
B
B
B
B
B
A -3
B
B
B
B.
BI
C
BI
BI
C
A -4
B
B
B
B
B
B
B
B
BI
B
B
B
B
B
BI
C
BI
BI
C
E
B
B
B
B
B
B
B
B
BI
F
B
B
B
B
BI
C
BI
BI
C
H -1
A
A
A
A
H)2-3-4-5-6-7-8
A
B
B
B
B
B
B
B
B
1)1.1-1.2-2
A
B
B
B
B
B
I -3
A
B
BI
B2
B
M
B
B
B
B
BI
C
BI
B2
C
R -1
B
B
B
B
BI
C
BI
BZ
C
R -3
B
B
B
B
#R-C
NR C
NR C
NR C
NR C
S -1,S -3
B
B
B
B
BI
C
BI
BI
C
S -2,S -5
B
B
B
B
B
B
B
B
BI
IS-4
B
B
B
B
U
B
B
B
B
#R3
C
#R3
C
#R3
C
#R3
C
#R3
C
15
A - Class A Roofing
B - Class B Roofing
C - Class C Roofing
F.R. - Fire Resistive Construction
H.T. - Heavy Timber Construction
DT Ner-equ4e*—np-ntr--fq-r-f-ir-L--.-p-i3istanee
rm N,,....ate r-eef ..,.,.,
1 HR -1 Hour Rated Construction
- Occupancy not permitted in this type of construction
(1) Buildings which are not more than two stories in height and have not more than
6,000 square feet (557m1) of projected roof area and where there is a minimum of
10 feet (3,048m) from the extremity of the roof to the property line or assumed
property line on all sides except for street fronts may have Class C roof coverings
which comply with U.B.C. Standard No. 15 -2.
(2) See Section 308.2.2
,.g,
ree€ a:ea a :d w'.:ere t? e:e =s a mi—*mam AF 10 feet (3,048 MM) L-em th
extremity �., reef to t e�:egert3 line � :all sides - a *eept street fro-its.
(3) All structures, regardless of occupancy classification, located within the "High
Fire Hazard Severity Zone," as defined and periodically modified by the local
jurisdiction. shall be provided with a Class "A" or "B" roof system.
SECTION 15.04.070 is deleted.
16
0
0
... ... .. . . . . .... .. .. ... . . . .. ..
.. .....
SECTION 15.04.070 is deleted.
16
0
0
Seetion -1514. AR re ree€ng shell c„ :°erm tc the ap—phe ble pre. • r
a....v.c oiio'roxxcvx
Chapter 15 of this Code.
Reefing materials and met4eds of agpl?eatien s' -ftll eemp?y with Uniform
Building Code Standards er shall -N-low the m-anufaeturer-'s installation
requirements when appreved by the Building Offieial.
When . ..1....:... ,,ddin. r-epaiFing meFe than ,not of, existing Fee
seetien ef roof, materiel shall eemplywith Seetien- 1503arw shall p^ s rimiest
, U.B.C. Sta ndaFd Ne. 15 2. This seetien Shall govern when with
Seetion 102.2 of the Administrative Code.
15.04.070 Amendment to Section 1900.4.4
Section 1900.4.4 of the Building Code is amended to read as follows:
SECTION 1900.4.4 Minimum Slab Thickness. The minimum thickness
of concrete floor slabs supported directly on the ground shall not be less than 3
. inches (89 mm). A minimum of 6 Mil approved vapor barrier membrane shall be
placed under slab floors supported directly on the eround in Group I and R. Division
1 and 3 occupancies.
SECTION 15.04.080 is deleted.
15.04.980 Addition te Seetien 1005.7 Em pti 5.
within e€i}ee spaees having -a an eee ant 1. ^aa of 100 or less when the ei ti:� e- ta-1ia
.,1.:..1, the 1..,...t...l .1 with 4....... t 1.1,,.. ♦.....
.. �..... .".y.'.w .., .v..ay..a .v-- .'�.i�w:ppcu c- �vTrw...
throughout, smoke deteetem are installed within the eeFFider- in aeeeiaunee w"
their hsting and the entire building vi14 be eked with k4
system withi:t a five (5) year— period- fxom date of permit issuanee. The z eta
any deteetet' shall -aet:v ate ala....,, audible in 'all areas served by4he -ea..
15.04.080 Amendment to Section 1922.10.3.
Section 1922.10.3 is amended to read as follows.
17
SECTION 1922.10.3 Seismic Zones 2, 3 and 4. Structural plain concrete
members are not permitted in buildings located in Seismic Zones 2, 3 and 4.
EXCEPTIONS:
1. Footings for buildings of Group R, Division 3 or Group U, Division 1
Occupancy constructed in accordance with Table 18 -I -C.
2. '14--struetur-al slabs supperted direetly on the ground or by appreve
0
u
18
• SECTION 4.
adopted to read:
Section:
Chapter 15.05 of the Newport Beach Municipal Code is
Chapter 15.05
MECHANICAL CODE
15.05.010 Adoption of Uniform California Mechanical Code.
15.05.020 Deletion of Chapter 1.
15.05.010 Adoption of Unifor California Mechanical Code. The
City Council adopts and incorporates by reference, as though set forth in full in this
section of the 19948 edition of the "Un&rm California Mechanical Code ", fBased on
the 1997 Uniform Mechanical Codel as published by the International Conference of
Building Officials and the International Association of Plumbing and Mechanical
Officials. The City C,...neii also adopts and ineei?perates by refer-enee all . plie.,1.1..
pertiens of Title °A zfernia Cede Regulations subjeet to the ,.1.....ges ..a
medifieatien set forth in this seetion.
The various parts of this code, including the deletions adopted in this section,
shall constitute and be known as the Newport Beach "Mechanical' Code. A copy of
the 19948 Ua&r-m California Mechanical Code printed in code book form shall be
kept on file in the office of the City Clerk.
15.05.020 Deletion of Chapter 1 of the Mechanical Code. Chapter 1
of the Mechanical Code is deleted. All administrative provisions
including enforcement, permit process, fees, and inspections for
this chapter are contained in the Administrative Code under
Chapter 15.02.
19
SECTION 5. Chapter 15.06 of the Newport Beach Municipal Code is
adopted to read:
Chapter 15.06
ELECTRICAL CODE
Sections:
15.06.010 Adoption of The National California Electrical Code.
15.06 non Ame _dme :t to Artielle 90-1. Deleted
15.06 .090 Add -iti ; of A .t :,.1 , on 10 Deleted
15.06.020 Amendment to Article 110 -5.
16.06.0040 Amendment to A -bile 110 5. Deleted/Replaced
16-06.059 A— mend —ment t AFtie .. 250 91(b)-. Deleted
45 06.060 Amendment tazrti le 345 3(b). Deleted
155.06.079 A—men.l.....n4 t Article 346 I(e) Deleted
15.06.0030 Amendment to Astiele 9"_° 1. Deleted
1506.090 Amendment to A&fie� Deleted •
15.06.010 Adoption of the National California Electrical Code.
The City Council adopts and incorporates by reference, as though set forth in full in
this section, the 19938 edition of the "National California Electrical Code" based on
the 1996 National Electrical Codes as published by the National Fire Protection
Association International Conference subject to the changes and modifications set
forth in this chapter. The City uneil also adopts and iseerp rates by r-e e:ene
• SECTION 16.06.020 is deleted.
15.06.020 Amendment to Ayt-i- l.. O!1 A
enferee the previsiens of this e-e-d-e- and- sh-all have the responsibility far Making
interpreetatie� r� o- the naleszer- deeiding upon the approval of equipment
:a
materials, nd fer granting the speeial permission eentempllated in e Pum e.° the
rzlles. ill-ad ipistrative previsions i :elua :spermit preaes, .fees and imspeet s,
iArthis haptn tai Administrative mist. tiy ede ... a,... Chapter 15.02.
vno- �xap V„F -&1'; e9li V axri2Elisrtl3ez- �armxrrozlaozre� ., .......,.
SECTION 15.06.030 is deleted.
99 18 Eleetr? g! inspee�rElest:?eal hispeeter shall be heBuilding Q e?e?
of the City of Newpert Beaeh-and sueh other ersen or per-sens in the Build:..,.
Depart ......=,:et- as are authorize and a:.eeted by the Building Offie:el to earvy
under Is Code.
IA.Zhefleve- the term — "Eleetrioal rspee s. :sue used .. ap3 seetien of this
erdina eee st. eh tee= 1-n11beeenstr -ued te-mean the Building Offieial or hi ler-
.tl.,,..ize representative.
SECTION 15.06.040 is replaced with Section 15.06.020.
1 K 0c 040 Amendment to Artiele 110 e
110 5 Pendueters normally used to earry eurreat shall be e f n emeept emept
that eePd-ueter sizes a € #6?MUG and lager be of lu ;...gym. To install , nne=
than #6 AWG aluminum eenduetor-s, aK termination points must have eantinuous
Sede. W iere the eendueter i—s a: mt apeeified, the sizes given in this e9de
shal^- l- apply to eepper ee :dieters. Where tvtheF'mater'ials are used, the shall be
21
through 310 19 ,.F al.:.......1,.
15.06.020 Amendment to Article 110 -5.
Article 110 -5 of the Electrical Code is amended to read as follows:
ARTICLE 110 -5 CONDUCTORS. Conductors normally used to carry
current shall be of copper or of aluminum unless otherwise provided in this Code.
Where the conductor material is not specified, the material and the sizes given in
this Code shall apply to copper conductors. Where other materials are used, the
size shall be changed accordingly. Aluminum conductors of No. 6 or smaller used
for branch circuits shall require continuous inspection by an independent testing
agency approved by the Building Official for proper torquing of connections at their
termination point.
(FPN): For aluminum and copper -clad aluminum conductors, see Section 310 -15.
SECTION 15.06.050 is deleted. •
15.06.050 Amendment to A&tiele 250 914b)-.
EXCEPTION NO. 1: Ne flexible metal eenduit shall be pepmitzeEl fer
grounding.
SECTION 15.06.060 is deleted.
345 3(b) inter �dia a --cta'. ee duit, elbows, e9uplings, a=' fittings shy' -be
SECTION 15.060.70 is deleted.
16.06.070 Amendment tonrtiele3461(e)
> and fittings •
dall be permitted to be instaRedTenere`., or in areas sub jest -te severe�u
22
•when a wed with ev.. ev. = pFeteetion judged ouitable r tbee eendition. iL Pt n.
See Seetio 000 6 for py-otenetion agai-A
SECTION 15.06.080 is deleted.
15 06.080 Amendment t, A&tiele 348 i.
340 1 Use Elect _e ! metalli tubing . be used- r _ be-t exposed and
eeneealedwork inside of struettL -ea. EleetFieel metallie tubing shall mthe'. —Gtal'.e-,
in .. .......ner ...1.:..1. will ........ it to be .....,....,.a *A tl... outside air- ep ...e ther-
eagElitro:s- leetrieall metal? `ubingpreteeted &em earrecian solely by ..--.. --,
shall not be used- -9leet- ieal faetalle tubing shall :et bee used (1) whe:e dur+,Rg
installation „F,...a. r it will be .1 eet to severe ...,:..1 damage; /n\ ..
instaUatian under-grwand. Where praetieal, the use 9i dissimilar- metalF, throughout
the system
/�-slael' =�eidea torte t sibilityofgaWa ie -aetie .(See
Artie le 300 'tatiop in the use of F iaeew--ys and s:tt:....,. prateeted
is ffem eorresien solely by enamel.)
SECTION 15.06.090 is deleted.
C 1
23
SECTION 6.
amended to read:
Section:
Chapter 15.08 of the Newport Beach Municipal Code is
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of Uniform California Plumbing Code.
15.08.020 Deletion of Chapter 1 Administration.
15.08.025 Amendment to Section 604.1a
15.08.030 Amendment to Section 1210.1.
15.08.010 Adoption of Unifer -m California Plumbing Code
The City Council adopts and incorporates by reference, as though set forth in
full in this section, the 19948 edition of the "Uniform California Plumbing Code"
Chapters 2 threugh 14 and Appendiees A, -B, ^ D, E, F, H and 1,,—an the
based on the 1997 Uniform Plumbing Code as published by
the International Association of Plumbing and Mechanical Officials. The City
Ce ...eil else adepmow -¢nd rove perutes b y re f ..,..., a all .. ..:,.able p, rtie^ns of Title,24,
California rr ea — e enf Reg;s ati ns , subjeet to the eha^ga me ifieat ens set forth in 434s seetien.
The various parts of these Codes and Standards, along with the additions,
amendments, and deletions adopted in this section, shall constitute and be known
as the Newport Beach "Plumbing" Code. A copy of the 19948 Uni£er -M California
Plumbing code, printed in code book form, shall be kept on file in the office of the
City Clerk. All administrative provisions including enforcement, permit process,
fees, and inspections for these chapters are contained in the Administrative Code
under Chapter 15.02.
24
i
•
11
E
15.08.020 Deletion of Part 1 Administration of the Plumbing Code.
Part 1 Administration of the Plumbing code is deleted in its entirety. All
administrative provisions including enforcement, permit process, fees, and
inspections for this section are contained in the Administrative Code under Chapter
15.02.
15.08.025 Amendment to Section 604.1a.
Section 604.1a is amended to read as follows:
SECTION 604.1a [ACD 1 &2] Water pipe and fittings shall be of brass,
copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized
steel, or other approved materials. Asbestos - cement, CPVC, PE or PVC water pipe
manufactured to recognized standards may shall be used for cold water service
distribution systems outside a building. All materials used in the water supply
system, except valves and similar devices, shall be of a like material, except where
otherwise approved by the administrative Authority.
15.08.030 Amendment to Section 1210.1
Section 1210.1 is amended to read as follows:
SECTION 1210.1 All pipe used for the installation, extension, alteration, or
repair of any gas piping shall be standard weight wrought iron or steel (galvanized
or black), yellow brass (containing not more than seventy -five (75) percent copper),
or internally tinned or equivalency treated copper of iron pipe size. moved VC
er PolyEthylene or other non - metallic wipe must shall be used in exterior buried
and piping systems.
25
SECTION 7
amended to read:
Section:
Chapter 15.09 of the Newport Beach Municipal Code is
Chapter 15.09
SWIMMING POOL CODE
15.09.010 Adoption of Uniform Swimming Pool Code.
15.09.020 Deletion of Chapter 1 Administration.
15.09.030 Addition of Subsections 301.3, 301.4, 301.5 and
301.6 to Section 301 of the Swimming Pool Code.
15.09.010 Adoption of Uniform Swimming Pool Code. The City
Council adopts and incorporates by reference, as though set forth in full in this
Chapter, the 19947 edition of the "Uniform Swimming Pool, Spa, and Hot Tub
Code" as published by the International Association Plumbing and Mechanical
Officials. The City Council also adopts and incorporates by reference all applicable
portions of Title 24, California Code of Regulations, subject to the changes and
modifications set forth in this chapter.
The various parts of these this code, along with the amendments adopted in
this Chapter, shall constitute and be known as the Newport Beach "Swimming
Pool' Code. A copy of the 1997 Uniform Swimming Pool, Spa, and Hot Tub Code,
printed in codebook form shall be kept on file in the office of the City Clerk.
15.09.020 Deletion of Part 1 Administration.
Part 1 Administration of the Swimming Pool Code is deleted in its entirety.
All administrative provisions including enforcement, permit process, fees, and
inspections for this Chapter are contained in the Administrative Code under
Chapter 15.02.
26
C�
0
. 15.09.030 Amendment to Section 301 of the Swimming Pool Code.
Section 301 of the Swimming Pool Code is amended by adding a Subsection ,
and (e) 301.3. 301.4. 301.5 and 301.6 to read as follows:
SECTION 301(-e) 3 Waste water from any filter, scum filter, scum gutter,
overflow, pool emptying line, or similar apparatus or appurtenance shall discharge
into an approved type receptor and subsequently into a public sewer. The flood
level rim of such receptor shall be at least six 6 inches 152 mm above the flood
level of the adjacent ground. Each such receptor when permitted to be connected to
any part of a drainage system shall be provided with an approved trap with a
minimum pipe size of three 3 inches (76 mm).
L�
SECTION 3010 4 Article 2.5, of the Swimming Pool Safety Act, Health
and Safety Code is hereby adopted and repeated herein for convenience.
a. Any swimming peel, hut 1u, er ether an made eut ef deer-s bedi-e=
water in emess e f eighteen (1 Q) inehes de shall be nt ,..1 :th
1. The tee efthp 1...,.,. :......1. 11 1,....+ 1 .Rst r ; ty icm :....1..,....1.eye ,......1„ Olt
TT^^c ^^'ac en side the barrier, ._,l.ic— h r ccc away frem «c swi
peel-.
2. Openings, heles er- -gaps in the barrier, deers anNeF gates ..h..n net
allew=passage of a four (4) ineh diameter sphere. c- Sh abs, trees, ff
landseap ^gym an nc*. be � sidc-cd as a p-a * --khe bur--..-•
3. Selid barriers, sueh as maseni -y, , eenerete, er stene walls shah net
assisting sueh ..t: as elimbing, 1: pushing, .the
means to gain aeeess te a keel or- spa area.
27
i seeonds immediately after- the door- is op
and be eapable ef being heard throughout the heuse during nor
(8) he 14.«nti:ses, ..c 3d::� new tee x:oaos:cir after o u...,1x. x
„ ladder
..1..,11
then /1\ the ladder
..1.1..
be
is
or steps or steps
e
ladder-
.... .. .. .... . .. ..
. .. ... . ...
....
items
6haH suspended
1 through
a wh.eh meets
9 I.W t, 1 as
a
.. a .. • ... ...
.. ..
..
the
F /A\
removed,
nh a:
aryy er-eated shall
ete p
passage e
(8) he 14.«nti:ses, ..c 3d::� new tee x:oaos:cir after o u...,1x. x
29
„ ladder
..1..,11
then /1\ the ladder
..1.1..
be
is
or steps or steps
e
ladder-
or- teps
be
by barrier the
items
6haH suspended
1 through
a wh.eh meets
9 I.W t, 1 as
a
eF
leekea
above. or steps are
4 11 ..
the
F /A\
removed,
nh a:
aryy er-eated shall
ete p
passage e
29
Article 2.5
THE SWIMMING POOL SAFETY ACT
115920.
Short title
115921.
Definitions.
115922.
Construction permit: safetv features
115923.
Enclosure: required characteristics
115924
Agreements to build: notice of provisions
115925. Exempt facilities
115926 Application to facilities regulated by Department of Social Services. •
115927. Modification and interpretation of article.
6 115920.Short Title
This act shall be known and may be cited as the Swimming Pool Safetv Act.
§ 115921. Definitions
As used in this article the following terms have the following meanings:
(a) "Swimming pool" or "pool" means anv structure intended for swimming or
recreational bathing that contains water over 18 inches deep "Swimming pool"
includes in- ground and aboveground structures and includes, but is not limited
to, hot tubs, spas, portable spas, and nonportable wading pools.
(b) "Public swimming pool" means a swimming pool operated for the use of the
general public with or without charge or for the use of the members and guests
of a private club. Public swimming pool does not include a swimming pool .
located on the grounds of a private single- family home.
30
• (c) "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool
from access to the home.
(d) "Approved safetv pool cover" means a manually or power - operated safety pool
cover that meets all of the performance standards of the American Society for
Testing and Materials (ASTM), in compliance with standard F1346 -92.
(e) "Exit alarms" means devices that make audible, continuous alarm sounds when
any door or window, that permits access from the residence to the pool area that
is without any intervening enclosure, is opened or is left ajar. Exit alarms may
be battery- operated or may be connected to the electrical wiring of the building.
G 115922. Construction permit; safetv features required.
Commencing January 1, 1998, except as provided in Section 115925, whenever a
construction permit is issued for construction of a new swimming pool at a private,
single - family home, it shall be equipped with at least one of the following safety
• features:
(a) The pool shall be isolated from access to a home by an enclosure that meets
the reauirements of Section 115923.
(b) The pool shall be equipped with an approved safety pool cover.
(c) The residence shall be equipped with exit alarms on those doors providing direct
access to the pool.
(d) All doors providing direct access from the home to the swimming pool shall be
equipped with a self - closing, self - latching device with a release mechanism
placed no lower than 54 inches above the floor.
(e) Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in subdivisions (a) to
(d), inclusive, as determined by the building official of the jurisdiction issuing
. the applicable building permit. Any ordinance governing child access to pools
adopted bV-a_political subdivision on or before Januarsr 1. 1997, is -presumed to
31
afford protection that is equal to or greater than that afforded by any of the •
devices set forth in subdivisions (a) to (d). inclusive.
§ 115923. Enclosure; required characteristics
(a) Any access gates through the enclosure open awav from the swimming pool, and
are self - closing with a self - latching device placed no lower than 60 inches above
the ground.
(b) A minimum height of 60 inches.
(c) A maximum vertical clearance from the ground to the bottom of the enclosure of
two inches.
(d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than
four inches in diameter.
(e) An outside surface free of protrusions, cavities, or other physical characteristics
that would serve as handholds or footholds that could enable a child below the
age of five years to climb over. •
6 115924. Agreements to build; notice of provisions
Any-person entering into an agreement to build a swimming pool shall give the
consumer notice of the requirements of this article.
6 115925. Exempt facilities
The requirements of this article shall not apply to any of the following:
(a) Public swimming pools.
(b) Hot tubs or spas with locking safety covers that comply with the American
Society for Testing Materials - Emergency Performance Specifications-(ASTM -ES
13-89).
(c) Any pool within the iurisdiction of anv political subdivision that adopts an
ordinance for swimming-pool safetv that includes requirements that are at least
as stringent as this article. •
32
. (d) An apartment complex, or any residential setting other than a single- family
home.
X115926. Application to facilities regulated by Department of Social Services
This article does not apply to any facility regulated by the State Department of Social
Services even if the facility is also used as the private residence of the operator. Pool
safetv in those facilities shall be regulated pursuant to regulations adopted therefore
by the State Department of Social Services.
S 115927. Modification and interpretation of article
Notwithstanding any other provision of law, this article shall not be subiect to further
modification or interpretation by any regulatory agency of the State, this authority
being reserved exclusively to local jurisdictions, as provided for in subdivision (e) of
Section 115922 and subdivision (c) of Section 115924.
SECTION 301:(e) 5 Water Clarity
• All swimming pool and spa water shall be maintained in a clear condition,
which is free of algae, insects, debris, and in a sanitary condition. The
floor of the pool shall be clearly visible.
SECTION 301-.,(4;g Retroactivity
Subsection 301.4 shall not be enforced on a retroactive basis. Existing
barriers required at the time of pool construction shall apply and be
maintained.
33
SECTION 8. Chapter 15.10 of the Newport Beach Municipal Code is •
adopted to read:
Chapter 15.10
EXCAVATION AND GRADING CODE
Sections:
15.10.010 Purpose.
15.10.020 Administration.
15.10.030 Exempt Work.
15.10.040 Hazard Abatement.
15.10.050 Definitions.
15.10.060 Grading Permit Requirements.
15.10.065 Drainage Permits.
15.10.070 Fees.
15.10.080 Bonds.
15.10.090 Cuts. •
15.10.100 Fills.
15.10.110 Setbacks.
15.10.120 Drainage and Terracing.
15.10.130 Erosion Control.
15.10.140 Grading Inspection.
15.10.150 Notification of Completion.
15.10.160 Alternate Methods.
15.10.170 Denial of Permit.
15.10.180 Placing Excavated Material.
15.10.190 Denuding Natural Ground Cover.
15.10.010 Purpose.
The purpose of this chapter is to safeguard 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.
The Building Official shall formulate such rules, procedures, and 0
interpretations as may be necessary to administer this chapter. des,
33
• 0-MI LITMI-75
xixthe event - vi- any tioic.c.ccc a-- o° ccwcc` Y .'toicia gr2cai.utg"— . &nu¢.c$ .d this e12&p ±e:,
shall, to the extent that they are made eenditiens „f any perm" by the Building
15.10.020 Administration.
This chapter sets forth rules and regulations to control excavation, grading,
drainage conditions, erosion control, earthwork construction including fills and
embankments, and the use of earth materials as a structural component;
establishes the administrative pFeeledum for- i ua of permits; and provides for
. the approval of plans and inspection of grading construction and drainage control.
15.10.030 Exempt Work.
A. 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 authorized 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 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;
0 2. Cemetery graves;
34
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 preemptive regulations have been established by law;
Mining and quarrying together with necessary stockpiling, 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 continuous property;
6. Exploratory excavations under the direction of soils engineers or
engineering geologists;
7. An excavation which (a) is less than two feet in depth; or (b) does not
create a cut slope greater than five feet in height and steeper than two horizontal to
one vertical; and (c) is less than fifty cubic yards on one site and does not create an
adverse erosion, drainage, groundwater, or slope condition requiring remedial work
covered by this regulations;
8. Unless preempted by other regulations, fill which does not exceed fifty
(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 five
horizontal to one vertical, or
b. Less than three ft. in depth not intended to support structures
provided that such fill will not i. No fill whieh may create an adverse slope,
erosion, drainage, groundwater or structural condition. shod! be plaeed wale.,......
grading permit;
street re in any Pa—tu:aldrainage ehanne! ate ee•-se without . grading .., rmil,, 0
35
B. 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 procedures, nor shall it be construed as
exempting any requirement for grading as a flood plane In gin management
requirement.
C. No person shall construct, reconstruct, alter, repair or install any
structure in any natural drainage channel water course without a grading hermit.
Road or parking lot paving work shall be performed under permit, unless waived by
the Building Official, or when performed as part of maintenance work.
D. 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 /she may require a drainage permit to be obtained
and corrective work accomplished.
15.10.040 Hazard Abatement.
Whenever the Building Official determines by inspection, from information
made available to him/her, 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 /she 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
36
of said property, upon receipt of notice in writing from the Building Official shall,
within the period 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 of the hazards abatement section of the Uniform Code for the
Abatement of Dangerous Buildings, as adopted by the City of Newport Beach.
15.10.050 Definitions.
For the purposes of this chapter, the definitions listed hereunder shall be
construed as specified in this section.
"Approval" means a written, civil engineering or geological opinion
concerning the satisfactory progress and completion of the work.
"As- graded" means the topographic surface at completion of grading.
"Bedrock" is in place of solid rock.
"Bench" means a relatively level step excavated into earth material on which
fill is to be placed.
"Borrow" means earth material acquired from off -site location for use in
grading on a site.
"Civil engineer" means a professional engineer in the branch of civil
engineering holding a valid certification of registration, issued by the State of
California.
"Civil engineering" means the application of the knowledge of the forces of
nature, principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works or the beneficial uses of mankind.
"Clearing, brushing and grubbing" means the removal of vegetation (grass,
brush, trees and similar plant types or root systems) by mechanical means.
"Compaction" means the densification of a fill by mechanical means.
I]
37
• "Earth material' means any rock, natural soil or fill and/or any combination
thereof.
"Engineering geologist" means a professional geologist registered in the State
of California as a geologist and certified by 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" means the wearing away of the ground surface as a result of the
movement of wind, water and/or ice.
"Excavation" means the mechanical removal of earth material.
"Fill" means a deposit of earth material placed by artificial means.
"Grade" means the vertical location of the ground surface.
"Grading" means to bring an existing surface to a designed form by cutting,
filling and/or smoothing operations.
"Rough grade" means the stage at which the grade approximately conforms to
the approved plan.
"Finish grade" means the final grade of the site which conforms to the
approved plan.
"Grading contractor" means a contractor licensed and regulated by the State
of California who specializes in grading work or is otherwise licensed to do grading
work.
"Key" means designed and compacted fill placed in a trench excavated in
earth material beneath the toe of a proposed fill slope.
"Landslide" means the downward and outward movement of soil, rock or fill
or a combination thereof, or the resultant materials from such movement.
"Massive landslide" means a landslide too large to be stabilized by retaining
methods or normal control methods.
"Permit" means 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" means the owner or his authorized agent to whom a grading
permit is issued.
"Sediment" means the material derived by erosion carried by an agent of
erosion.
"Site" means any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
"Slope" means an inclined ground surface, the inclination of which is
expressed as a ratio of horizontal distance to vertical distance.
"Soil" means naturally occurring surficial deposits overlying bedrock.
"Soil engineer" means a civil engineer with training and experience in soil
mechanics who specializes in the practice of soils and foundation engineering. •
"Soil engineering" means 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" means a relatively level step constructed in the face of a grade
slope surface for drainage and maintenance purposes.
"Tract" means a subdivision of land containing five or more lots.
15.10.060 Grading Permit Requirements.
A. Permits Required. Except as exempted in Section 15.10.030 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.
Ri]
• B. Application. The provisions of Section 302.1 of the Administrative
Code are applicable to grading. a ;; di k; ad–d—iti-en to the appliea-tien shall state the
estimated quantities of werk inveWed. The . erk shall also een f - to the
requir-emente of the fleed plane management er-dinanee.
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 needed documents. 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 and
erosion control plan 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- leth 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) related to
the project.
The plan shall include the following information:
1. General vicinity of the proposed site;
2. Property limits, permit area limits, accurate contours of existing
ground, 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;
40
4. Detailed plans of all surface and subsurface drainage devices, walls,
•
cribbing, dams and other protective devices to be construction 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 and pollution control facilities. The Building Official may require the
inclusion of pollutant traps on the plans and specifications to intercept pollutants
draining from the project;
6. Detailed plans for temporary (during construction) and/or permanent
sediment and erosion 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 fifteen (15) ft. of the property or which may be
affected by the proposed grading operations;
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) of this section shall include data regarding the nature, distribution,
strength 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.
•
41
• 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) of this section 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.
Recommendations included in the report and approved by the Building
Official shall be incorporated into the grading plans and specifications.
G. Issuance. The provisions of Section 303 of the Administrative Code are
applicable to grading permits. The Building Official may require that grading
• operations and project designs be modified to provide for erosion control, including
erosion protection devices, if project completion 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 15.10.170. in addition to
the tim—e 1-im—itatiens as speeified in Seetien 303(d) of the Uniform Administrative
G94e, every permit issued shall be vand for a peried of ene year fFem the date
theree
H. Transport of Earth 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
42
transportation of earth from or to the project site on public roadways. The permittee •
shall maintain all public right -of -ways used as haul routes free of debris and soil.
2. Loading and transportation of earth from or to the site is subject to the
requirements of Section 10.28.040 of this 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. There must be a 300 (three - hundred) ft. clear, unobstructed sight distance
to the intersection from both the public roadway and access road. If the three
hundred (300) feet 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 (400) feet on either side of an access intersection carrying the words "truck
crossing." The sign shall be a diamond 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.
15.10.065 Drainage Permits.
A. 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 .
33
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 be 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.
15.10.070 Fees.
A. Grading Plan Review Fees. 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 erosions or sediment control devices or similar facilities. For
excavation and fill on the same site, the fee shall be based on the volume of the
excavation or fill, whichever is greater. These fees shall be established by resolution
of the City Council.
[!1
B. Drainage Plan Review Fees. The Building Official may charge plan •
review fees if, in his opinion, the proposed drainage alterations are sufficient in
extent to require more than field inspection to ensure code conformance. These fees
shall be established by resolution of the City Council.
C. Grading Permit Fees. The grading permit fees shall be based on the
volume of excavation or fill whichever is greater or 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. These fees shall
be established by resolution by the City Council.
D. Drainage Permit Fees. Fees for eaeh drainage permit shall be paid t-E)
the City of Newport Beaeh. These es shall be established by resolution by the City
Council.
When drainage plans are required for a proposed structure, additional fees 0
for plan checking shall be paid at the time of submitting the application. These fees
shall be established by resolution by the City Council.
15.10.080 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.
15.10.090 Cuts. •
45
A. General. Unless 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.
C. Drainage and Terracing. Drainage and terracing shall be provided as
required by Section 15.10.120.
15.10.100 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.
1. Exceptions.
a. Fills excepted in Section 15.10.030 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;
b. 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.
C. Preparation of Ground. The ground surface shall be 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 horizontal to one vertical, and the height is greater than five feet,
by bending into sound bedrock or other competent material as determined by the
46
soils engineer. The bench under the toe of a fill on a slope steeper than five
horizontal to one vertical shall be at least ten 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 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, civil engineer, soils
engineer or 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 the 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
Is
amounts of organic substances and have no rock or similar irreducible material
with a maximum dimension greater than eight inches shall be used.
1. 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:
a. Prior to the issuance of the grading permit, potential rock disposal
area(s) shall be delineated on the grading plan.
b. Rock sizes greater than eight inches in maximum dimension shall be
ten feet more below grade, measured vertically.
C. Rocks greater than eight inches shall be placed so as to be completely
surrounded by fine grained soils; no nesting of rocks will be permitted.
47
• E. Compaction. All fills shall be compacted to a minimum of ninety (90)
percent of maximum density as determined by ASTM D1557 -70 or a more
restrictive standard if recommended in the approved soils engineering reports. Field
density shall be determined as approved by the Building Official. The Building
Official may require tests of the compressibility and anticipated fill settlement
characteristics where more than ten 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 shall be noted.
Sufficient maximum density determinations by test method ASTM D1557 -70
or other 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.
1. EXCEPTION. The Building Official may authorize a fill to be
constructed with an exposed surface steeper than two horizontal to one vertical
when he finds the applicant has submitted a soil engineer's report recommending
such steeper slope. Such report shall include sufficient soil test data and other
information to substantiate slope stability and safety when saturated, and shall
include an evaluation of the creep characteristics of the soils and surficial stability.
G. Drainage and Terracing. Drainage and terracing shall be provided and
the area above fill slopes and the surface of terraces shall be graded and paved as
required by Section 15.10.120.
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 and render
an opinion to the Building Official as to whether this backfilling has been
48
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.
1. 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 outside a one horizontal to one vertical plane extending from
the nearest point of the foundation to the bottom of the trench.
15.10.110 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, 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 two to one 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 slope
right -of -way and easements, in accordance with Figure No. 1 and Table D A.
49
•
•
TABLE - H A
H (FF)
SETBACKS
Under 5 0 7
5-30 H/2 1V2
Over 30 15 4015
TABLE 10 -0
Setbncks
X El I 4 b
Under S J_ _. 0
5 -JO I X1 1
Over JO 1 15 10
PL -AA'
1
FIGURE NO. 1
TO E
OF
SLOPE
NATRUAL OR FINISH GRADE
Top
OF IA PL
SLOPE `
(yb �
A NRAL
SLOPE
H '
PL= PROPERTY LINE
1. If the 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 seven feet. This may be reduced to the tabular value if an improved
drainage device is used.
so
2. If the slope is flatter than five horizontal to one vertical, the setback required •
is two feet.
3. The tabular valves may be enforced for natural slope conditions as
determined by the Building Official.
15.10.120 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 six feet in width shall be established at not
more than thirty (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 percent
and must be paved with reinforced concrete not less than three 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 feet. •
A single run of swale or ditch shall not collect runoff from a tributary area
exceeding thirteen thousand five hundred (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. Material and
methods used in subsurface drainage designs shall be approved by the Building
Official.
D. Disposal. All drainage facilities and grading shall be designed to carry
concentrated and surface sheet flow waters to the nearest practical 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- •
resistant material. If drainage facilities discharge onto natural round, riprap or
51
•
i
conversion to sheet flow may be required. Building pads shall have a drainage
gradient of two percent toward approved drainage facilities, unless waived by the
Building Official.
1. EXCEPTION. The gradient from the building pad may be one percent
if all the following conditions exist throughout the permit area:
a. No proposed fills are greater than ten feet in maximum depth;
b. No proposed finish cut or fill slope faces have a vertical height in
excess of ten feet;
C. No existing slope faces, which have a slope face steeper than ten
horizontally to one vertically, have a vertical height in excess of ten feet.
E. Drainage Standards. Drainage standards
for- industfia-Veemmer-eial developments in non -hilly areas shall conform to the
following minimum standards:
1. Rough Grade
Commercial Residential
Minimum Gradient
a. Earth at rough grade stage 0.5%
2. Finished Grade
1%
a Earth 1.0% 2%
b. Asphalt pavement
(sheet flow) 1.0% 1%
C. Concrete drain in
earth area 0.5% 0.5%
d. Concrete gutter in
asphalt paved area. 0.2% 055i
3. In parking lot design, access shall be provided to entrances and exits
for pedestrian traffic not affected by concrete flow.
52
4. Penetration of landscape irrigation water under pavement shall be
mitigated through the design process.
15.10.130 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 practical. 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 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
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
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 .
53
• of specific measures 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 system. 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.
• 15.10.140 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 of the Administrative
Code and subsection (D) of this section. 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. Grading in commercial and industrial areas,
tracts, or potentially hazardous areas and all grading in excess of five thousand
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 five thousand cubic yards shall be designated "regular
• grading" unless the permittee, with the approval of the Building Official, chooses to
54
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 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 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 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 plans upon completion of the work. The grading contractor .
shall submit, on 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 15.10.060. During grading all necessary reports, compaction
data, 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 the data supplied by
the engineering geologist.
Fey
L�
• 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, the stability of cut slopes with respect to
geological matters, and the need for subdrains 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 other time deemed 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 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.
E. Notification of Noncompliance. If, in the course of fulfilling their
responsibility under this section, 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 section 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 the
grading, then work shall be stopped until:
56
1. The owner submits a letter of notification verifying the change of the 0
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 area of expertise 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, or by the previous responsible person; concurs with the former
findings, conclusions and recommendations, and is satisfied with the work
performed 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.
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; .
57
e. Drainage Device Inspection. After forming 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 grading without the necessity
of the Building Official having previously reviewed 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 application 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.
4. Other inspeetiens Investigation Fees: Work without V ermit. The
. provisions of Section 304.5 of the Administrative Code shall apply to all grading
work being done without a permit 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 in 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 issuanee of B,,;lding Permits for ., gr -added site, the
foundation excavation, rough grading shall be completed to the satisfaction of the
responsible engineers, engineering geologist, and the Building Official unless
otherwise approved by 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
0 Official shall require, by written notice, that such work be exposed for examination.
58
The work of exposing and recovering shall not entail or be subject to expense by 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 or approved drawings, 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. Any such persons
shall forthwith stop such work until authorized by the Building Official to proceed
with the work . The n a...inist..ative Code prev;siens of Seet:ons 201, 202 and 203 as
amended, Chapter 2 of the Uniform Administrative Code shall be construed to
apply to grading mien work.
15.10.150 Notification of Completion.
A. Final Reports. Upon completion of the rough grading work and at the
final completion of the work, the Building Official may require the following .
reports, drawings, and supplements 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 subsurface 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 trees, 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 the adequacy of the site
for the intended use.
•
59
• 3. A geologic grading report prepared by the engineering geologist,
including a final description 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
written approval as 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 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 control devices
. will be maintained. Temporary devices shall be removed prior to completion.
15.10.160 Alternate Methods.
The provisions of this chapter are not intended to prevent the use of any
material or method of construction not specifically prescribed, provided any such
alternate has been approved pursuant to this chapter.
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 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
60
the requirements of this Code, or in order to substantiate claims for alternate .
material or methods of construction, the Building Official may require tests by an
approved agency as proof of compliance to be made at the expense of the owner or
his agent.
Test methods shall be as 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 years after the acceptance of
the grading.
15.10.170 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, interfere with any existing
drainage course, or cause any excess siltation in any natural river, stream, drainage
course, or in 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, 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
61
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.
15.10.180 Placing Excavated Material.
A. Unauthorized Dumping Prohibited. No person shall dump, move or
• place any earth, sand, gravel, rock, stone, construction debris, or other excavated
material so as to cause the same to be deposited upon or to roll, flow or wash upon
or over any public place or way, or upon or over the premises of another without the
express consent of the owner of each such premises so affected. Such consent shall
be in writing and in a form acceptable to the Building Official.
•
B. Removal of Misplaced Material. When unauthorized dumping as
described in subsection (A) of this section occurs, the person responsible for the
dumping, or the permittee, shall remove the material within forty -eight (48) hours.
In case of noncompliance, the Building Director may order removal, and the cost of
such removal shall be paid to the City by the.person who failed to remove the
material, or by the permittee.
15.10.190 Denuding Natural Ground Cover.
62
Except for a written order of the Fire Marshal, no person shall denude and •
destroy the natural cover of any watershed except for the immediate use of the
denuded area for construction or reconstruction purposes.
SECTION 9. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional.
SECTION 10. 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.
0
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the day of 1999, and
was adopted on the _ day of . 1999, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
63
•
0
ATTEST:
• City Clerk
64
ABSENT COUNCIL
MAYOR
RESOLUTION NO. 99 -_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH •
SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND
CHANGES TO THE CALIFORNIA BUILDING CODE, THE CALIFORNIA
PLUMBING CODE, AND THE CALIFORNIA ELECTRICAL CODE
REASONABLY NECESSARY.
WHEREAS, Health & Safety Code Section 17958 mandates that the City of
Newport Beach adopt ordinances or regulations imposing the same requirements as
are contained in the regulations adopted by the State pursuant to Health & Safety
Code, Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code
Section 17922 to impose the same requirements as are contained in the 1997
Edition of the Uniform Housing Code of the International Conference of Building
Officials, the 1998 California Building Code based on the 1997 Uniform Building •
Code of the International Conference of Building Officials, the 1998 California
Plumbing Code based on the 1997 Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials, the 1998 California Mechanical
Code based on the 1997 Uniform Mechanical of the International Conference of
Building Officials and the 1998 California Electrical Code based on the 1996
National Electrical Code of the National Fire Protection Association (hereinafter
referred to collectively as "Codes "); and
WHEREAS, Health & Safety Code Section 17958.5 permits the City to make
such changes or modifications to the Codes as are reasonably necessary because of
local conditions; and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City
Council, before making any changes or modifications pursuant to Section 17958.5
1
0
make express findings that such changes or modifications are needed due to
climatic, geographic, or topographic conditions; and
WHEREAS, the Building Director has recommended that changes and
modifications be made to the Codes and have advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in
the City of Newport Beach and have further advised that the remainder of said
changes and modifications are administrative or procedural in nature,
NOW THEREFORE, BE IT RESOLVED by City Council of the City of
Newport Beach as follows:
SECTION 1.
The following changes and modifications to the 1998 Editions of the CALIFORNIA
BUILDING CODE as recommended by the Building Director are hereby found to be
0 necessary due to local climatic, geographical or topographical conditions:
1. Section 403 redefines High Rise buildings from 75 feet in height to 55
feet and modifies the application of special provisions for these
buildings to all occupancies from office and residential occupancies.
FINDINGS:
a. The City of Newport Beach is located in an area subject to a climatic
condition of high winds. This environment is conducive is to rapidly
spreading fires. Control of such fires requires rapid response. Obstacles
generated by a strong wind, such as fallen trees, street lights and utility
poles, and the requirement to climb 75 feet vertically up flights of stairs will
greatly impact the response time to reach an incident scene. Additionally
Table 16 -G identifies a significant increase in the amount of wind force at 60
2
feet above the ground. Use of aerial type fire fighting apparatus above this
height would place rescue personnel at increased risk of injury.
b. The City of Newport Beach is located in the middle of the seismically active
area identified as Seismic Zone 4. The viability of the public water system
would be questionable at best after a major seismic event. This would leave
tall buildings vulnerable to uncontrolled fires due to a lack of available water
and an inability to pump sufficient quantities of available water to floors
above the 55 - foot level. A severe seismic event has the potential to
negatively impact any rescue or fire suppression activities because it is likely
to create obstacles similar to those indicated under the high wind section
above. With the probability of strong aftershocks there exists a need to
provide increased protection for anyone on upper floors.
2. Section 904.2.1 and Section 904.2.2 are modified to require installation
of an automatic fire extinguishing system in all occupancies exceeding •
5,000 square feet before allowable floor area increases specified in
Table No. 5 -B, Section 505 are applicable and in all buildings having
floors used for human occupancy and located more than 40 feet above
the lowest level of Fire Department vehicle access.
FINDINGS:
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by this geography, and due to the
seismic activity and the expected infrastructure damage inherent in seismic zone 4,
it is prudent to rely on automatic fire sprinkler systems to mitigate extended Fire
Department response time and keep fires manageable with reduced fire flow (water)
requirement for a given structure.
3 •
• 3. Delete Section 1502.3 and amend Table 15 -A and footnotes to the table
to require roof coverings to be of fire retardant material of not less
than Class Crating.
FINDINGS:
a. Many areas of Newport Beach have significant growths of vegetation of a
highly combustible nature.
b. The City of Newport Beach, especially the foothill areas, is geographically
located in an area periodically subject to wind conditions of high velocity.
Moreover, the topographical conditions of the foothill areas, and canyons
contained therein, tend to accelerate the periodic high velocity winds by
means of a venturi effect.
C. The City of Newport Beach, especially the foothill areas, is located within an
area subject to high temperatures, in conjunction with high winds.
• d. The use of non -rated or special purpose roofing materials as roof coverings
within the City of Newport Beach may create an inordinate fire hazard during
periods of high velocity winds when fire may spread across buildings with roof
coverings of non -rated combustible materials.
e. Embers from chimneys without spark arresters within the City of Newport
Beach, including the foothill areas, coupled with the climatic, topographic and
geographic conditions described herein above, may permit the throwing of
sparks, embers and cinders upon non -rated and special purpose roofing
material roofs during periods of high velocity winds, thereby creating a fire
hazard which in turn may spread throughout areas where the roofs of
structures are covered with untreated wood shakes and shingle.
4
4. Section 1900.4.4 is amended to require vapor barriers below concrete •
slabs.
FINDING:
Most of Orange County is located above some type of aquifer that is often just a few
feet below the surface. In addition, Newport Beach is subjected to potentially
severe rainstorms during the winter months. Combining these two water sources
with the water retention capacity of the area's expansive soil produces a condition
wherein the moisture content of the soil is sufficient to increase the moisture
content of concrete in contact with the soil. Concrete, which is used as part of a
building structure, has the potential to transfer that moisture to the structure
causing structural deterioration unless a moisture barrier is provided.
5. Section 1922.10.3 exception 2 is deleted.
FINDING:
Due to prevailing expansive soil conditions in Newport Beach, deleting this •
exception would require that slabs be reinforced with Minimum reinforcement, a
typical requirement, specified routinely by soil engineers and used widely by design
engineers to mitigate damage due to soil expansion and shrinkage.
SECTION 2.
The following changes and modifications to the 1998 Edition of the
CALIFORNIA ELECTRICAL CODE as recommended by the Building Director are
hereby found to be necessary due to local climatic, geographical or topographical
conditions:
5
\J
1. Article 110 -5 is amended to require that installation of smaller than #6
AWG aluminum conductors shall be inspected continuously by an
approved special inspector to insure tightness of all termination points.
FINDING:
Aluminum expands and shrinks at a much higher rate than other metals. This
property becomes critical for smaller sizes or aluminum conductors, which may
break down at termination point in a seismic event causing a fire. Orange County
is located in an active seismic area (Seismic zone 4). The continuous inspection
requirement will insure proper installation.
SECTION 3.
The following changes and modifications to the 1998 Edition of the
CALIFORNIA PLUMBING CODE as recommended by the Building Director are
• hereby found to be necessary due to local climatic, geographical or topographical
conditions:
1. Section 604. la is amended to require non - metallic pipe for
underground water service to a building.
FINDING:
Soil throughout Newport Beach possesses corrosive properties that reduce the expected
usable life of water services when metallic pipes in contact with soils are utilized.
2. Section 1210.1 has been amended to require the installation of
approved PVC or PE piping only in exterior buried piping systems.
FINDING:
Soil throughout Newport Beach possesses corrosive properties that reduce the
expected usable life of metallic gas systems when utilized in contact with soil.
0 6
•
SECTION 4.
Additional amendments and deletions to the 1997 Edition of the .Uniform
Housing Code of the International Conference of Building Officials, the 1998
California Building Code based on the 1997 Uniform Building Code of the
International Conference of Building Officials, the 1998 California Plumbing Code
based on the 1997 Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials, the 1998 California Mechanical Code based on
the 1997 Uniform Mechanical of the International Conference of Building Officials,
the 1998 California Electrical Code based on the 1996 National Electrical Code of
the National Fire Protection Association and 1998 California Fire Code based on
the 1997 Uniform Fire Code of the International Fire Code Institute were found to
be administrative or procedural and are contained in the 1997 Edition of the
Uniform Administrative Code, and are found to be reasonable and necessary to •
safeguard life and property within the City of Newport Beach.
SECTION 5.
A copy of this Resolution together with the Ordinances adopting the City
Codes shall be filed with the California Building Standards Commission and the
California Department of Housing and Community Development by the City Clerk
of the City of Newport Beach as required by State law (Section 17958.7 H & S
Code).
7
is
. SECTION 6.
A copy of this Resolution together with the Ordinances adopting the City
•
Codes shall be filed with the California Building Standard Commission and the
California Department of Housing and Community Development by the City Clerk
of the City of Newport Beach as required by State law (Section 17958.7 H & S
Code).
ADOPTED THIS
ATTEST:
City Clerk
• 8
DAY OF . 1999
RUMOR