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