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HomeMy WebLinkAbout38.134 ORDINANCE NO. 38. 134 AN ORDINANCE OF THE CITY OF SARATOGA REPEALING CHAPTER 3 OF THE SARATOGA CITY CODE AND ADDING A NEW CHAPTER 3 TO THE SARATOGA CITY CODE PERTAINING TO CONSTRUCTION AND BUILDING REGULATIONS The City Council of the City of Saratoga does hereby ordain as follows: SECTION h Chapter 3 of the Saratoga City Code is hereby repealed. SECTION 2: A new Chapter 3 is hereby added to the Saratoga City Code to read as follows: ARTICLE I GENERAL PROVISIONS See. 3-1 Compliance with chapter It shah be unlawful and a misdemeanor for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any portable, temporary or permanent building, swimming pool or other structure in the City, or cause the same to he done, or to engage in any excavating or grading, or cause the same to be done, except as provided in this Chapter and the codes adopted by this Chapter. See. 3-2 Appointment of building official The Director of Community Development is hereby designated as the building official for the City, and all references to 'building official" made in this Chapter, or any codes adopted by this Chapter, shah refer to the Director of Community Development for the City. See. 3-3 Permits (a) It shah be unlawful and a misdemeanor for any person to engage in any work for which a permit is required by this Chapter, or any code adopted by this Chapter, without first securing such a permit from the building official. Each applicant for a permit shah pay to the building department for each permit issued, at the time of issuance, a fee in accord with such schedule of fees as shall be adopted from time to time by resolution of the City Council. All schedules of permit fees contained in any of the codes adopted by reference in this Chapter are hereby repealed. -1- (b) The issuance or granting of any permit pursuant to this Chapter, or any code adopted by this Chapter, shall not be deemed or construed to be a permit for or approval of any violation of any of the provisions of this Chapter or any other code provision, ordinance or regulation of this City, and any permit purporting to give authority to violate, contradict or cancel any of the provisions of this Chapter or any other code provision, ordinance or regulation of this City shall not be valid. (c) Neither the City, nor any department, board of office thereof, acting on behalf of the City, nor the county, nor the state, nor the United States of America nor any public school district within the City limits, shall be required to pay any fees required by this Chapter, but otherwise all provisions of this Chapter shaR apply equally to such governmental entity or agency as if it were a natural person. (d) Unless otherwise specifically designated, all references to "permit" or "permits" under the provisions of this Article shall mean and include building, plumbing, electrical, mechanical, grading and moving permits. (e) The building official shall not issue any permit to any person who has failed to correct any previous violation of any of the provisions of this Chapter, or any code adopted by this Chapter, after notification of the same, until such time as all such previous violations have been satisfactorily corrected. This provision is subject to the following two exceptions: (1) The building official may issue such permit provided the violation is being corrected and will be completed by a time designated by the building official, or (2) such permit may be issued provided the violation has been appealed to the City Council within ten days after notice of such violation. See. ~ Hszardous Fire Areas - defined A Hazardous Fire Area is hereby defined as any land which is so covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated, or which is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of supression or would result in great and unusual damage by fire or resulting erosion. See. 3-5 Hazardous Fire Areas - designated Reference is hereby made to Sheets 96, 111, 125 and 126 of the Santa Clara County Cadastral Planimetrics Maps, showing and delineating thereon areas of this City which are designated as Hazardous Fire Areas, and which maps have heretofore been adopted by resolution of the Board of Supervisors of Santa Clara County, three copies of which maps have been filed with Clerk of this City for use and examination by the public, and which maps are hereby specifically referred to and incorporated herein by reference. The City Council of this City hereby finds and determines that the areas designated as Hazardous Fire Areas on each of the foregoing sheets of said maps do constitute Hazardous Fire Areas within the definition set forth in Section 3-4 of this Chapter, save and except as follows: that where, if at all, the division line delineating the boundary of the Hazardous Fire Area should bisect a parcel of property in one ownership, then such division line shall be deemed to be the Easterly -2- line of such parcel and such Hazardous Fire Area shah include the whole of such parcel which otherwise would be so bisected. See. 3-6 Liability of City This Chapter shall not be eonstrued as imposing upon the City any liability or responsibility for damages resulting from defective building, plumbing, electrical or mechanical work; nor shall the City or any employee or offieial thereof be held to assume any such liability or responsibility by reason of any inspection authorized by this Chapter. See. 8-7 Violations and pemdties Every person, as principal, agent or otherwise, who violates, or fails, neglects or refuses to comply with, any provision df this Chapter, or any code adopted by this Chapter, shall be deemed guilty of a misdemeanor and shall be subject to all of the penalty and enforcement provisions as set forth in Chapter 2.5 of this Code. See. a-8 Nonconforming buildings, ete., deemed public nuisances; abatement, injunetion~ etc.; penalties deemed cumulative In addition to other penalties for the violation of any provision of this Chapter, or any code adopted by this Chapter, any building, swimming pool or other structure, erected, constructed, enlarged, altered repaired, moved, improved, removed, converted, demolished, equipped, used, occupied, or maintained contrary to the provisions of this Chapter, or any use of any land, building or structure conducted, operated or maintained contrary to the provisions of this Chapter, or any condition caused or permitted to exist in violation of any of the provisions of this Chapter shah be deemed a public nuisance and may by this City be summarily abated as such. In addition, the City Attorney shall, upon order of the City Council, immediately commence action or proceeding for the abatement and removal or enjoinment thereof in the manner provided by law and shah take such other steps and shah apply to such court as may have jurisdiction to grant such relief as will abate and remove any such building, structure, condition or use constituting a public nuisance and restrain and enjoin any person from erecting, constructing, enlarging, altering, repairing, moving, maintaining or using such building or structure, or using any property in the City, contrary to the provisions of this Chapter. The remedies provided for in this Section shall be cumulative and not exclusive. See. 3-9 Reserved -3- ARTICLE II ADMINISTRATIVE CODE Sec. 3-10 Uniform Administrative Code - adopted The 1982 Edition of the Uniform Administrative Code, as compiled and published by the International Conference of Building Officials, three (3) copies of which Uniform Administrative Code have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if set forth in this Article, and shah be the Administrative Code applicable to the Building, Plumbing, Mechanical and Electrical Codes of this City. See. 3-11 Same - additions, deletions and amendments The following additions, deletions and amendments are hereby made to the Uniform Administrative Code, 1982 Edition, hereinabove adopted by reference: See. 3-11.1 Section 303 amended Section 303 of the Uniform Administrative Code, 1982, edition is hereby amended to read as follows: See. 303 (a) Issuance. The application, plans and specifications, and other data, filed by an applieant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify eomplianee with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, speeifieations and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, he shall issue a permit therefor to the applicant. When the building official issues the permit where plans are required he shah endorse in writing or stamp the plans and specifications '~eviewed." Such reviewed plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work shah be done in accordance with the reviewed plans. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or reviewed, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. The holder of such permit shail proceed at his own risk without assurance -4- that the permit for the entire building, structure or building service will be granted. (b) Retention of Plans. One set of reviewed plans and specifications shah be returned to the applicant and shah be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of reviewed plans, specifications and computations shall be retained by the building official until final approval of the work. (c) Validity of Permit. The issuance of a permit or the reviewing of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or the technical codes, or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these cedes shah be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. (d) l~xpiration. Every permit issued by the building official under the provisions of the technical codes shah expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, or if the permittee fails or refuses to request an inspection pursuant to this Code within any period of 180 consecutive days after the work authorized by the permit is commenced. Before such work can be reeommenced, a new permit shah be first obtained to do so, and the fee therefor shah be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within one thirty (30) days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 203 of Chapter 2 of this Code. -5- See. 3--11.2 Section 304 amended Section 304 of the Uniform Administrative Cod~, 1982 Edition, is hereby amended to read as follows: See. 304 (a) Permit Fees. The amount of the fees to be paid for each permit shah be established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official pursuant to a schedule of valuation rates as shall be established by resolution of the City Council. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. (b) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be established by resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at a rate as shall be established by resolution of the City Council. (e) Rx?iration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shah be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation Fees: Work Without a Permit. 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The -8- 'minimum investigation fee shall be the same as the minimum fee set forth in the permit fee schedule established by resolution of the City Couneil. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or the technical codes nor from any penalty prescribed by law. (e) Fee Refunds. 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in aecordanee with this code. 3. The building official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or caneelled before any plan review is done. The building official shall not authorize the refunding of any fee paid except upon written application, on a form furnished by the City, by the original permittee not later than 60 days after the date of the fee payment. See. 3-11.5 Section 305(g) amended Section 305(g) of the Uniform Administrative Code, 1982 Edition, is hereby amended to read us follows: (g) Other Inspections. In addition to the called inspections specified above, the building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. On swimming pools, the final inspection of all crafts shall be completed and passed prior to any plastering being commenced. See. 3-11.6 Section 305(h) amended Section 305(h) of the Uniform Administrative Code, 1982 Edition, is hereby amended to read as follows: (h) Reinspeefions. A reinspection fee may be assessed for each inspection or reinspeetion when such portion of work for which inspection is called is not complete or when corrections called for are not made. -7- This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the schedule of fees as established by resolution of the City Council. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. See. 3.11.7 Tables No. 3.A, 3.B, 3-C, 3.D, 3.E and 3-F deleted Tables No. 3-A, 3-B, 3-C, 3-D, 3-E and 3-F of the Uniform Administrative Code, 1982 Edition, are hereby deleted. See. 3.12 to 3-19 Reserved ARTICL~ III BUILDING CODE See. 3-20 Uniform Building Code and Uniform Building Code Standards - adopted The 1982 Edition of the Uniform Building Code, including Appendix Chapters l, 7, 11, 12, 23, 32, 35, 38, 49, 51, 53, 55 and 57 only, and the 1982 Edition of the Uniform Building Code Standards, as compiled and published by the international Conference of Building Officials, three (3) copies of which Uniform Building Code and Uniform Building Code Standards have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shah be the Building Code for this City. See. 3-20.1 Site drainage - requirements generally Each lot and building site shah be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet approved by the building -8- official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to on-site or off-site drainage outlets or storm drains. See. 3-20.2 Same - plans and specifications; inspection, approval and maintenance of facilities The plans and specifications required by Section 302(b) of the Administrative Code shall include a drainage plan depicting thereon both existing and proposed grades, and all proposed drainage facilities, unless such requirement is waived by the building official. All grading and drainage facilities shall be completed and installed prior to final inspection, and the building official may require certification from the owner, the contractor or qualified engineer, that all finished grades are in compliance with the approved plans. Neither approval of sueh drainage plans nor approval of the eompleted facilities on final inspeetion shall constitute any representation as to the adequacy of soil or slope stability, nor adequaey of surface or sub-surfaee drainage controls, nor that any soil or water-related damage will not occur to the site or to any adjoining property. Maintenance of all on-site drainage facilities, whether or not ultimately eonneeted to a public storm drain, shall be the sole responsibility of the property owner and not the City. See. 3-21 Uniform Building Code - additions, deletions and amendments The following additions, deletions and amendments are hereby made to the Uniform Building Code, 1982 Edition, hereinabove adopted by reference: See. 3-21.1 Section 103 amended Section 103 of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: See. 103. The provisions of this Code shall apply to the construction, alteration, moving, demolitinn, repair and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, and mechanical equipment not specifically regulated in this Code. Moreover, the provisions of this Code shall apply without limitation to all dams and other hydraulic flood control structures with the exception of such hydraulic flood control structures as are constructed and installed by the Santa Clara Valley Water District. Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Sections 104 and 502 of this Code, and Section 308 of the Administrative Code. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other -9- requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this Code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. See. 321.2 Chapters 2 and 3 deleted Chapters 2 and 3 of the Uniform Building Code, 1982 Edition, are hereby deleted. All administration of the Uniform Building Code, 1982 Edition, shall be governed by the Administrative Code contained in Article II of Chapter 3 of the Saratoga City Code. 8cc. ~-21.3 ~ection 420 nstrueturen amended Seeton 420 "structure" of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Without limiting the foregoing, the term "structure" is intended to include any and all underground construction, again without limitation, to include swimming pools. Sec. 3-21.4 Section 1210 mended Section 1210 of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: Section 1210(a)(1). Findings. Reference is hereby made to Sheets 96, 111, 125 and 126 of the Santa Clara County Cadastral Planimetrics Maps, showing and delineating thereon an area of the City which has been designated as a hazardous fire area, three copies of which Maps have been filed with the Clerk of the City for use and examination by the public, and which Maps are hereby specifically referred to and incorporated herein by reference. Section 3-4 of this Chapter defines a 'hazardous fire area" as "any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion." The City Council of the City of Saratoga has found and determined that the area designated as a hazardous fire area on each of the foregoing sheets of the aforementioned Maps does constitute a "hazardous fire area" within the aforementioned definition. -10- The response time of emergency equipment to calls for aid in the hazardous fire area is impaired due to: (1) the non- availability of access to some portions of the hazardous fire area, (2) the existence of steep, narrow streets and roadways located in the hazardous fire area, (3) the lack of connecting streets and roadways in the hazardous fire area, and (4) the unusual topography of the hazardous fire area. Further, the presence of heavy vegetation in the hazardous fire area increases the potential for the rapid spread of any fire which may start in that area, particularly during seasonal dry spells. In order to provide timely life safety warning to inhabitants of residential structures located in the designated hazardous fire area, and to provide the earliest possible opportunity to alert fire suppression personnel of any potential fire condition in the hazardous fire area, it is necessary for the City to amend Section 1210 of the Uniform Building Code, 1982 Edition, pertaining to fire warning and sprinkler systems. (2) Fire Warning 1~y~tems. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When alterations, repairs or additions requiring a permit and having a valuation in excess of One Thousand Dollars ($1,000.00) occur, or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this subsection. -11- A smoke detector shall be installed in the basement of dwelling units having a stairway which opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping area. (3) IvJ, rly Warning Fire Reporting Systems. In addition to the requirements contained in subsection (2) above, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each new dwelling upon which construction is commenced from and after the effective date of this ordinance in the hazardous fire area described, defined and delineated in subsection (1) above. Further, when an existing dwelling located in the described, defined and delineated hazardous fire area is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent (50%) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition or expansion, an Early Warning Fire Reporting System shall be installed and maintained in a fully operational condition in each such dwelling. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent (50%) limit where the work of construction or improvement is done at different time intervals requiring two (2) or more building permits within a period of five (5) years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent (50%) of increased floor space, but which when combined with other expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent (50%) or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions, or expansions. An Early WarnIng Fire Reporting System may be installed in any dwelling located within the city limits of the City of Saratoga other than within that hazardous fire area described, defined and delineated in subsection (1) above. Each Early Warning Fire Reporting System required or permitted to be installed pursuant to this section shall include, contain, and incorporate the following components connected in such a manner as to be capable of automatically transmitting by standard telephone lines or such other means as may be designated and required from time to time by the Board of Fire Commissioners of the Saratoga Fire District, designated alarm signals from any such installation to the Saratoga Fire District Digital Alarm Communieator Receiver: (A) A California State Fire Marshal listed and approved solid state electronic Digital Alarm Com municator -12- Transmitter. A Digital Alarm Communicator Transmitter with provision for connection of supervised integrating zone circuits can be used alone, or any Digital Alarm Communicator Transmitter may be used in conjunction with a California State Fire Marshal listed and approved Fire Alarm Control Panel which meets the requirements of National Fire Protection Association Document 72A or 74. If a Fire Alarm Control Panel is used, the connection between the Fire Alarm Control Panel and the Digital Alarm Communicator Transmitter shall be through dry relay contacts on the Fire Alarm Control Panel, or other California State Fire Marshal listed configuration for the Digital Alarm Communicator Transmitter used. In addition, the Digital Alarm Communicator Transmitter and/or Fire Alarm Control Panel used shall incorporate the following features: (i) The Digital Alarm Communicator Transmitter shall be capable of transmitting to the Saratoga Fire District one or more multiple digit numbers, as may be assigned by the Saratoga Fire District, via commercial telephone lines or such other means as may be designated and required, from time to time, by the Board of Commissioners of the Saratoga Fire District, and shall communicate information in such a manner and of such content as to be compatible with such specifications as may be made and published by the Fire Chief of the Saratoga Fire District. (ii) The Digital Alarm Communicator Transmitter shall be capable of transmitting a separate and distinct code for each of the following conditions: Zone 1: Smoke detection zone in alarm Zone 2: . Heat detection zone in alarm Zone 3: Manual station zone in alarm Zone 4: Sprinkler zone in alarm Zone 5: Medical emergency in alarm Zone 6: Digital Alarm Communicator Transmitter low battery indication Zone 7: Digital Alarm Communicator Transmitter and Fire Alarm Control Panel general trouble indication Zone 8 or 9: Digital Alarm Communicator Transmitter test signal transmission once every 24 hours. The functions designated for Zones 6, 7 and 8 or 9 above may be placed in that configuration or in an alternative -13- configuration or format compatible with the Saratoga Fire District Digital Alarm Communicator Receiver. If the Digital Alarm Communicator Transmitter and/or the Fire Alarm Control Panel incorporate Class "A" initiating zones, they shall be dedicated to fire alarm zones 1 through 4 above. (iii) The Digital Alarm Communicator Transmitter shall be capable of communicating an entire alarm signal transmission within thirty (30) seconds of the time at which the connection of the call is completed. (iv) The Digital Alarm Communicator Transmitter, and Fire Alarm Control Panel if used, shall contain an internal continuously charging battery, capable of powering the system for a period of at least twenty-four (24) hours in the standby mode, and five (5) minutes under alarm conditions. (v) Electrical supervision of the heat detection zone, manual station zone, and the smoke detection zone (and power to the smoke detectors) shall be provided by the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel. A single open or ground fault condition in one of these zones in the Digital Alarm Com municator Transmitter, or the Fire Alarm Control Panel, shall be indicated by a distinctive, audible trouble signal in the dwelling in which the system is installed. The Digital Alarm Communicator Transmitter shall also be capable of transmitting a trouble signal to the Saratoga Fire District Digital Alarm Communicator Receiver in the event of a single open or ground fault condition in one of the aforementioned zones in the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel. (vi) The Digital Alarm Communicator Transmitter employed in the dwelling for transmitting signals shall be capable of assuming line seizure priority over any other Digital Alarm Communicator Transmitter employed for other purposes in the same dwelling. The fire alarm Digital Alarm Communicator Transmitter connections to telephone lines shall be made ahead of those employed for burglar alarm or other purposes, and shall electrically disconnect other Digital Alarm Communicator Transmitters while transmitting signals. (vii) All Digital Alarm Communicator Transmitters shall be capable of being programmed to send signals that are compatible with the Saratoga Fire District Digital Alarm Com municator Receiver, and shall comply with the provisions of Chapter 5 of National Fire Protection Association Document 71. -14- (viii) The Digital Alarm Communieator Transmitter and the Fire Alarm Control Panel shall receive their primary power from the external electrical supply provided to the dwelling and shall be powered by a separate circuit that shall have its own circuit breaker switch. (B) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed automatic detectors, capable of responding to visible products of combustion, arranged to communicate with the Digital Alarm Communieator Transmitter or the Fire Alarm Control Panel, and installed in the following locations at points approved by the Fire Chief of the Saratoga Fire District in accordance with the standards contained in National Fire Protection Association Document 72E-1982: (i) On the ceiling or wall at a point located in the corridors or areas giving access to rooms used for sleeping purposes. (ii) In each bedroom, located on the ceiling or wali of the room. (iii) On the ceiling or wall near the base of any stairway where sleeping rooms are on an upper level. (C) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed automatic detectors, of the combination fixed-temperature rate-of-rise type, arranged to communieate with the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel, and installed in the following locations at points approved by the Fire Chief of the Saratoga Fire District and in accordance with the standards contained in National Fire Protection Association Document 72E-1982: (i) All rooms in the dwelling, including furnace rooms, excepting those areas specified in subparagraph (B) above, and bathrooms. (ii) Attics. (iii) Garages. Exceptions to these standards may be permitted by the Fire Chief of the Saratoga Fire District. (D) California State Fire Marshal and Underwriter's Laboratory, Inc. approved and listed audible warning devices of sufficient number and adequately located, pursuant to National Fire Protection Association Document 74-1984, within the dwelling living and sleeping areas so as to cause a level of audibility of not less than fifteen (15) decibels above -15- ambient noise levels measured four (4) feet above the floor with bedroom doors closed. (4) Early Warning Fire Reporting S~stem - InstRll~tion Permit Required. An installation permit shah be obtained from the Saratoga Fire District prior to the installation of an Early Warning Fire Reporting System required or permitted to be installed pursuant to this section. Suitable documentation relative to the proposed installation shall be submitted to the Saratoga Fire Distriet for approval at the time application is made for such a permit. This documentation shall include the following: (A) A complete list of all fire alarm equipment and devices to be installed, including: (i) Manufac turer's made and model numbers; (ii) Quantities of each type; (iii) California State Fire Marshal listing numbers; (iv) Underwriters' Laboratory, Inc., spacing specifications for heat detectors; (v) Evidence of control panel compatibility with connected smoke detectors. (B) Point to point wiring diagram or electrical sequence list for each zone in a form aeeptable to the Saratoga Fire District. Details shall include: (i) Wiring sequence of each initiating zone, including wire size and the number of conductors; (ii) Wiring sequence of each audible circuit, including wire size and the number of conductors; (iii) Identification of the types of initiating devices used; (iv) Temperature ratings indicated, when applicable; (v) Locations of Class "B" circuit end of line devices; (vi) Locations of junction boxes, when installed. -16- (C) If requested, copies of California State Fire Marshal listing data sheets, and any other documents deemed pertinent by the Fire Chief of the Saratoga Fire District. All such systems shall be installed by a person holding a valid fire protection engineering license, C-16 classification, issued by the California Department of Consumer Affairs, or a valid electrical license, C-10 classification, or a valid specialty license, C-61 classification, issued by the California Contractors State License Board. All such systems shall be installed in a workmanlike manner and in accordance with the specifications and standards approved by the Saratoga Fire District. Uupon completion of the installation, the licensed installer shall instruct the homeowner, or his or her designated representative, in the use of the system and shall provide applicable manufacturer's operating manuals. The Saratoga Fire District shall be responsible for reviewing and approving or disapproving that portion of any and all building plans submitted to the City which are subject to this section. The Saratoga Fire District shall also be responsible for conducting the final inspection and approving or disapproving any system installed in a dwelling pursuant to this section. The Saratoga Fire District may establish a fee for the plan review and inspection services it renders pursuant to this section. The licensed installer shall provide the Saratoga Fire District with a set of as built plans for the system. (b) Sprinkler Systems. When required by other provisions of this Code, automatic sprinkler systems and standpipes shall be installed as specified in Chapter 38 of The Uniform Building Code, 1982 Edition. See. 3--21.5 Section 2516(b) amended Section 2516(b) of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: (b) Preparation of B~ilding Site. All stumps and roots shall be removed from the soil to a depth of at least 12 inches below the surface of the ground in the area to be occupied by the building. All wood forms which have been used in placing concrete, if within the ground or between foundation sills and the ground, shall be removed before a building is occupied or used for any purpose. Before completion, loose or casual wood shall be removed from direct contact with the ground under the building. All under floor grade or subgrade shall be graded to a central location and shall be provided with not less than a three (3) -17- inch conduit through the foundation to an accessible location. All underfloor grade or subgrade shall have not less than 1% incline to a permanent drainage outlet. It is the owner's responsibility to verify all grades. An approved ejeetor pump may be used as an alternate. This amendment to the Uniform Building Code, 1982 Edition, is required because of the expansive soils, high ground water levels, and high soils moisture retention levels existing in the City, thereby necessitating additional site drainage requirements. See. 3-21.6 Section 2516(e)(2) amended Section 2516(c)(2) of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: 2. Underfloor clearance. The minimum underfloor clearances between the bottom of the floor joists, and/or girders, shall not be less than 18 inches to exposed ground, in crawl spaces, excavated or unexcavated areas located within the periphery of the building foundation, the floor assembly, including posts, girders, joists, and subfloor, or building footprint area without consent of the building official. Accessible underfloor areas shall be provided with an 18 inch by 24 inch access crawl hole. Pipes, duets, and other nonstructural construction shall not interfere with the accessibility to or within underfloor areas. This amendment to the Uniform Building Code, 1982 Edition, is required because the combination of the high summer time air temperatures which occur in the City, and the large square footage of the b~ildings and structures constructed in the City, necessitates the use of larger air conditioning ducting to be installed in the underfloor clearance area. See. 3-21.7 Section 2905(g) added Section 2905(g) is hereby added to the Uniform Building Code, 1982 Edition, to read as follows: (g) Reinforcement. A minimum of two (2) 1/2 inch bars of metal reinforcement placed continuous in foundations shall be required for Group R and M occupancies without engineering design. This amendment to the Uniform Building Code, 1982 Edition, is required because of the expansive soLIs and seismic instability conditions existing in the City. -18- See. 3-21.8 Section 3201(b) amended Section 3201(b) of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: (b) Fire Retardaney. When Required. Roof coverings shall be fire retardant except in Types Ill, IV and V buildings, where it may be as follows: 1. Ordinary roof coverings may be used on buildings of Group R, Division 3 of Group M Occupancies. 2. Ordinary roof coverings may be used on buildings of Group R, Division 1 Occupancies which are not more than two stories in height and have not more than 3,000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line on all sides except for street fronts. 3. Group A, Division 3; Group B, Divisions 1 and 2 and Group R, Division 1 Occupancies which are not more than two stories in height and have not more than 6,000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line or assumed property line 0n ali sides except for street fronts may have Class C roof coverings which comply with U.B.C. Standard No. 32-7 and Roofs of No. 1 cedar or redwood shakes and No. 1 shingles constructed in accordance with Section 3203(g) Special Purpose Roofs. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For attics, access and area, see Section 3205. For roof drainage, see Section 3207. For solar energy collectors, loeatd above or upon a roof, see Section 1714. The foregoing provisions notwithstanding, all buildings and structures hereafter erected or constructed in a Hazardous Fire Area in the City of Saratoga as defined and delineated in Sections 3-4 and 3-5 of this Chapter, shall have roof coverings which shall be fire-retardant, or any Class C prepared or built-up roofing, or if cedar or redwood shakes or shingles, then the same shall be constructed in accordance with the requirements of Uniform Building Code Standard 32- 1401 as set forth: (i) Wood Shakes. Special purpose wood shake roofing shall conform to grading and application -19- requirements of Chapter 32 of the Uniform Building Code for shakes. In addition, the deck shall be constructed of 5/8 inch plywood with exterior glue of 1-it/oh nominal T and G boards, overlaid with a layer of approved asbestos felt lapped 2 inches on the horizontal and vertical joints. An 18-inch wide strip of the same asbestos felt shall be shingled in between each course of shakes in such manner that no felt is exposed to the weather below the shake butts. (ii) Wood Shingles. Special purpose wood shingle roofing shall conform to grading and application requirements of Chapter 32 of the Uniform Building Code for shingles. In addition, the deck whether of spaced boards or solid, shall be overlaid with a layer of approved asbestos felt lapped 2 inches on the horizontal and vertical joints. (iii) Asbestos Felt. Approved asbestos felt for special purpose roofing shall weigh not less than 12 pounds per 100 square feet, be not less than .022 inch in thickness, non-bituminous saturated, containing a fire and water-retardant binder, and reinforced with glass fibres running length-wise of the sheet not more than 1/4 inch apart. (iv) Wood Shakes or Shingles with Gypsum Board Underlayment. Special purpose wood shake or wood shingle roofing shall conform to the grading and application requirements of Chapter 32 of the Uniform Building Code. In addition an underlayment of 1/2 inch Type X gypsum board shall be placed under the solid or spaced sheathing. This amendment to the Uniform Building Code, 1982 Edition, is required because the response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to: (1) the non-availability of access to some portions of the hazardous fire areas, (2) the existence of steep, narrow streets and roadways located in the hazardous fire areas, (3) the lack of connecting streets or roadways in the hazardous fire areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in those areas particularly during seasonal dry spells. See, 3-21.9 Se~Uon 3802(h) added Section 3802(h) is hereby added to the Uniform Building Code, ]982 Edition, to read as follows: -20- (h) An automatic sprinkler system shall be installed in the garage and/or carport portion(s) of any new dwelling constructed in the hazardous fire areas designated, described and delineated in Section 3-5 of the Saratoga City Code when said garage and/or carport has a capacity to accommodate three (3) or more automobiles. Further, an automatic sprinkler system shall be installed in the garage and/or carport portion(s) of any existing dwelling located in the described, defined and delineated hazardous fire areas when such dwelling is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent (50%) or more of the amount of floor space under roof, immediately prior to such alteration, repair, addition, or expansion when said garage and/or carport has a capacity to accommodate three (3) or more automobiles. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent (50%) limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five (5) years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent (50%) of increased floor space, but which when combined with other expansions during said five (5) year period of time, increased the amount of floor space under roof by fifty percent (50%) or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. Any automatic sprinkler systems installed pursuant to this subsection shall be installed in accordance with the standards contained in National Fire Protection Association Document 13D and shall be equipped with water flow switches that have a built in retard assembly, which will send an alarm signal to the Digital Alarm Communicator Transmitter or the Fire Alarm Control Panel as required by Section 3-21.4 of the Saratoga City Code when the sprinkler system is activated. This amendment to the Uniform Building Code, 1982 Edition, is required because the response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to: (1) the non-availability of access to some portions of the hazardous fire areas, '(2) the existence of steep, narrow streets and roadways located in the hazardous fire areas, (3) the lack of connecting streets or roadways in the hazardous fire areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in those areas, particularly during seasonal dry spells. See. 3-21.10 Section 108 of Appendix Chapter I deleted Section 108 of Appendix Chapter 1 of the Uniform Building Code, 1982 -21- Edition, is hereby deleted. See. 3-21-11 ~eetion 1202 of the A_i~x Chapter 12 amended Section 1202 of Appendix Chapter 12 of the Uniform Building Code, 1982 Edition, is hereby amended to read as follows: See. 1202. Buildings regulated by this Chapter shall be designed and constructed to comply with the requirements of the One and Two Family Dwelling Code, 1982 Edition, promulgated jointly by the International Conference of Building Officials; the Building Officials and Code Administrators International, Inc., and the Southern Building Code Congress International, Inc. Whenever a conflict exists between the provisions of the Uniform Building Code, 1982 Edition, and the One and Two Family Dwelling Code, the provisions of the Uniform Building Code, 1982 Edition, as adopted by the City, shall prevail. Sen. 3-22 to 3.29 Reserved ARTICLE IV PLUMBING CODE See. 3-30 Uniform Plumbing Code - adopted The 1982 Edition of the Uniform Plumbing Code, including all Appendices and IAPMO Installation Standards, as compiled and published by the International Association of Plumbing and Mechanical Officials, three (3) copies of which Uniform Plumbing Code have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Plumbing Code for this City. See. 3-31 Uniform Plumbing Code - additions, deletions and amendments The following additions, deletions and amendments are hereby made to the Uniform Plumbing Code, 1982 Edition, hereinabove adopted by reference: See. 3.31.1 Sections 10.4, 10.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, 20,12, 20,13 and 20.14 deleted Sections 10.4, 10.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, 20.12, 20.13 and 20.14 of the Uniform Plumbing Code, 1982 Edition, are hereby deleted. All administration of the Uniform Plumbing Code, 1982 Edition, shall be governed by the Administrative Code contained in Article II of Chapter 3 of the Saratoga City Code. -22- See. 3-31.2 Section 403(8) amended Section 403(a) of the Uniform Plumbing Code, 1982 Edition, is hereby amended to read as follows: (a) The minimum sizes of vertical and/or horizontal drainage piping shah be determined from the total of all fixture units connected thereto, and additional, in the case of vertical drainage pipes, in accordance with their length. However, the minimum size horizontal drainage piping below the first floor, receiving the discharge of water closets, shall be not less than four (4) inches in diameter. This amendment to the Uniform Building Code, 1982 Edition, is required because the large lots and setback requirements which exist in the City create the need for larger and longer gravity fed drainage pipes. Sen 3-31.3 Section 1105 amended Section 1105 of the Uniform Plumbing Code, 1982 Edition, is hereby amended to read as follows: Section 1105 - Size of Building Sewers. The minimum size of any building sewer shah be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 4-3. All hortizontal drainage piping below the first floor, receiving the discharge of water closets, shall be not leas than four (4) inches in diameter servicing the first water closet. This amendment to the Uniform Building Code, 1982 Edition, is required because the large lots and setback requirements which exist in the City create the need for larger and longer gravity fed drainage pipes. See. 3-32 to 3-39 Reserved ARTICLE V MECHANICAl. CODE See. 3-40 Uniform Mechanical Code - adopted The 1982 Edition of the Uniform Mechanical Code, including all Appendices, as compiled and published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, three (3) copies of which Uniform Mechanical Code have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby -23- adopted and made a part hereof, the same as if fuE set forth in this Article, and shall be the Mechanical Code for this City. See 3-41 Uniform Mechanical Code - additions, deletious and amendments The following additions, deletions and amendments are hereby made to the Uniform Mechanical Code, 1982 Edition, hereinabove adopted by reference: Sec. 3-41.1 Chapters 2 and 3 deleted Chapters 2 and 3 of th~ Uniform Mechanical Code, 1982 Edition, are hereby deleted. All administration of the Uniform Mechanical Code, 1982 Edition, shall be governed by the Administrative Code contained in Article II of Chapter 3 of the Saratoga City Code. See. 342 to 3-49 Reserved ARTICLE VI ELECTRICAL CODE See. 3-50 Nationnl leetried Code - adopted The 1984 Edition of the National Electrical Code as compiled and published by the National Fire Protection Association, three (3) copies of which National Electrical Code have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shah be the Electrical Code for this City. See. 3-51 National Eleetrieal Code - additions, deletions and amendments The following additions, deletions and amendments are hereby made to the National Electrical Code, 1984 Edition, hereinabove adopted by reference: See. 3-51.1 Chapters 2 and 3 deleted Chapters 2 and 3 of the National Electrical Code, 1982 Edition, are hereby deleted. All administration of the National Electrical Code, 1984 Edition, shall be governed by the Administrative Code contained in Article II of Chapter 3 of the Saratoga City Code. See. 3-52 to 3-59 Reserved -24- ARTICLE VII HOUSING CODE See. ~-60 Uniform Housing Code - adopted The 1982 Edition of the Uniform Housing Code as compiled and published by the International Conference of Building Officials, three (3) copies of which Uniform Housing Code have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Housing Code for this City. See. 3-61 Uniform Housin~ Code - additions, deletions and amendments The following additions, deletions and amendments are hereby made to the Uniform Housing Code, 1982 Edition, hereinabove adopted by reference: See. 3-61.1 Chapter 3 mended Chapter 3 of the Uniform Housing Code, 1982 Edition, is hereby amended to read as follows: General See. 301. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code without first obtaining a separate permit for each building or structure from the building official in the manner and according to the applicable conditions prescribed in Chapter 3 of the Administrative Code contained in Article II of Chapter 3 of the Saratoga City Code. Fees See. 302. Whenever a building permit is required by Section 301 of the Administrative Code, the appropriate fees shall be paid to the building official as specified in Section 304 of the Administrative Code. Inspection See. 303. AH buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this Code and Section 305 and 306 of the Administrative Code. See. ~-61.2 Section 401 nHealth Officerw amended Section 401 "Health Officer" of the Uniform Housing Code, 1982 Edition, is -25- hereby amended to read as follows: The term "Health Officer," as used in this Code, means the person or persons duly authorized by the County to administer and enforce the provisions of this Code. If the County at any time ceases to render the services required for the enforcement of the provisions of this Code for the City, the Health Officer shall be such person as designated by the City Council. See. 3-61.3 Section 1001(1) amended Section 1001(1) of the Uniform Housing Code, 1982 Edition, is hereby amended to read as follows: (1) Inadeq~te Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Administrative Code. Sees. 362 to 3-69 Reserved ARTICLE VIII ABATEMENT OF DANGEROUS BUILDINGS CODE See. 370 Code for the Abatement of Dangerous Buildings - adopted The 1982 Edition of the Uniform Code for the Abatement of Dangerous Buildings as compiled and published by the International Conference of Building Officials, three (3) copies of which Uniform Code for the Abatement of Dangerous Buildings have been filed for use and examination by the public in the office of the City Clerk of this City, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, the same is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Abatement of Dangerous Buildings Code for this City. See. 3-71 Code for the Abatement of Dangerous Bu~dings -- additions, deletions and amendments See. 3-71.1 Section 204 amended Section 204 of the Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, is hereby amended to read as follows: See. 204. An buildings or structures within the scope of this Code and all construction or work for which a permit is required shah be subject to inspection by the building official -26- in accordance with and in the manner provided by this Code and Sections 305 and 306 of the Administrative Code. Sees. 3-72 to 3-79 Reserved ,,~tTICLE IX MOVING OF BUILDINGS, STRUCTURES AND HEAVY MACHINFA~Y OR EQUIPMENT See. 3-80 Building and structure defined The definitions ~of "building" and "structure" shall be as defined in the Uniform Building Code as adopted by reference by, and as may be amended by, the provisions of this Chapter. See. 3-8 1 Permits - eln-~ifieation For the purposes of this Article, permits for the moving of buildings, structures, heavy machinery or equipment are hereby classified as follows: CIR-~ A Permit: For any building or structure moved by motor truck or any vehicle propelled by its own power, not using any trailer or housemoving dollies. CIR.~ B Permit: For any heavy machinery or equipment moved by motor truck or any vehicle propelled by its own power, where the weight of such machinery or equipment to be moved exceeds eight tons. Class C Permit: For any building or structure which is moved by loading on housemoving dollies and does not exceed twenty-two feet in height or thirty feet in width. Cla.~ D Permit: For any building or structure, other than one constructed of brick or concrete, which, when loaded on housemoving dollies, is more than twenty- two feet in height but does not exceed twenty-eight feet in height, and is more than thirty feet in width but does not exceed forty feet in width. C!a-~ E Permit: For any building or structure other than one constructed of brick or concrete, which, when loaded on housemoving dollies, exceeds twenty--eight feet in height or exceeds forty feet in width. CI~-~ F Permit: For any building or structure, the walls of which are constructed of brick or of concrete, which, when loaded on housemoving dollies, exceeds twenty-two feet in height or exceeds thirty feet in width. See. 3-82 Same - Required It shall be unlawful and a misdemeanor for any person to move or cause to be -27- moved any building or structure or any machinery or equipment of any of the classes as enumerated in Section 3-81 of this Chapter, or any section of any such building, structure, machinery or equipment, over, upon, along or across any public street or alley in the City or from one location to another in the City without first obtaining a permit to do so from the building inspector, together with approval by the Director of Community Development as to route and condition of streets to be traversed, which approval shall be set forth on such permit. See. ~-83 Same - Separate permit required for each building or section thereof With the exception of Class A and Class B permits, no permit granted under this Article shall authorize the moving of- more than one building or structure or more than one section or portion thereof, in any case in which any such building or structure is to be moved in two or more sections or portions, but a separate permit shall be required for each such section or portion. See. 3-84 Same - Applieation (a) Applications for moving permits shall be filed with the City in duplicate, one copy to be filed with the building inspector and one with the Director of Community Development, and shall show: (1) The name of the owner, the type of building or structure, the present and proposed location, the fair value and approximate age of the building or structure to be moved, the route proposed to be followed, the method of moving and the time within which the work of moving will be commenced and completed. (2) That all necessary authority and permits have been obtained from the operators of public utilities which might be affected by such moving operations. (3) Such other pertinent information as the building inspector or Director of Community Development may require. (b) In all cases, except where the building or structure is being moved to a location outside of the City limits, in addition to such application, there shall be filed with the building inspector a plan showing the location upon the property to which the building or strucutre is to be moved, together with photographs of all sides of such building or structure, showing the general architectural design and appearance thereof, and if any material alteration, repair work or other work is proposed to be done after removal has been completed, then there shall also be filed plans showing the general architectural design and appearance of the building or structure on all sides after such work has been completed. See. 3-85 Same - Investigation of route Where, in the opinion of the building inspector, the contemplated moving could affect the streets, highways or other property of the City along the proposed route of the contemplated moving operation, the Director of Community Development -28- shall cause an investigation to be made of the proposed route to determine the effect of the moving of such building, structure, machinery or equipment described in such application upon the streets, highways or other property of the City and no moving permit shall be issued unless the Director of Community Development shall find that such moving can be accomplished without detrimentally affecting streets, highways or other property of the City along the route of such proposed moving operation. See. 3-86 Same - Fees Each application for a permit required by this Artiele shall be accompanied by a permit fee in an amount established by resolution of the City Council. See. 3-87 Same - Refusal to issue; appeal to Planning Commission The building inspector may refuse to grant a moving permit where the condition of the building, structure, machinery or equipment is such that it is dangerous or defective and such condition cannot effectively he remedied or corrected or if the reloeation of such building, structure, machinery or equipment would cause appreciable damage to or he materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location or if the granting of the permit would he materially detrimental or injurious to the public safety or public welfare or if the building or structure is of a type prohibited at the proposed location by any law or ordinance of the City. In the event the building inspector denies a permit, he shall so inform the applicant in writing within five days from such denial, setting forth the reasons therefor, and the applicant may thereafter appeal from such denial to the Planning Commission pursuant to the provisions of Section 2-3.2 of the City Code. See. 3-88 Same - Term; extensions of time Each permit granted under this Article shall state on the face thereof a time limit within which the moving operation covered thereby shall be completed, which time shall in no event be greater than the time as set forth in the application for such permit; provided, that the Planning Commission, on request of the applicant, may extend the time of any such moving permit where delay is caused by reason of inclemency of the weather, strikes, acts of God or the public enemy or other causes not within the control of the permittee or for such other cause which, in the Planning Commission's opinion, warrants such extension of time. All extensions shall be visibly stamped upon the permit. See. 3-89 Same - Posting or possession by person in eharge It shall be unlawful and a misdemeanor for any person having a valid moving permit under this Article to fail to either conspicuously post the same on the building, structure, machinery or equipment for which the permit has been granted at all times during the moving thereof or, in the alternative, to have such permit physically in the possession of a person in charge of such moving operation who is present at all times during such moving. -29- See. 390 Performance bonds required for certain; permits All applieations for Class C, D, E and F permits shall be aeeompanied by a surety bond in the sum of One Hundred Thousand Dollars ($100,000.00), in favor of the City, for the benefit of any person, including the City, who may be damaged directly by the moving of such building. or structure; provided, that any person engaged in the business of moving buildings may file with the City Clerk a bond in the sum of Two Hundred Thousand Dollars ($200,000.00), payable to the City for like purposes, and in that event such person need not file the One Hundred Thousand Dollar ($100,000.00) bond hereinabove required for any single moving operation. See. 3-91 Liability insurenee required for certain permits No Class C, D, E or F permit shall be issued unless the permittee shall have first taken out and agreed to maintain at all times during such moving operation, public liability insurance in an amount of not less than Three Hundred Thousand Dollars ($300,000.00), for injuries, including death, to any one person, and not less than Five Hundred Thousand Dollars ($500,000.00), on account of any one accident, and property damage insurance in an amount of not less than Twenty-Five Thousand Dollars ($25,000.00). Such insurance shall name the City as an additional insured, and a certificate of insurance shall be filed with the building inspeetor prior to the issuance of the permit. See. 3-92 Repair of damage to streets, utilities, etc. In case of any damage to any street or other public property or public utility, the proper City department shall do such work as may be necessary to restore the street or other public property or public utility to as good a condition as the same was in prior to such damages and shall charge the cost thereof to the owner of the property or to the person to whom the permit was issued for the moving of such building, structure, machinery or equipment or section or portion thereof. No building permit shall be issued for the repair or reconstruction of any building or structure until all charges, costs and fees due the City incident to such moving have been paid or discharged to the satisfaction of the building inspector. See. 3-93 Safety precautions It shall be unlawful and a misdemeanor for any person who shall cause to be moved any building, structure, machinery or equipment or section or portion thereof over, upon, along or across any public street, alley or other public place to fall, refuse or neglect to keep a red light burning at all times between sunset and sunrise at each corner of such section or portion of such building, structure, machinery or equipment or at the end of any projection thereof at intervals of not more than ten (10) feet on the side thereof facing the open street while located in or upon any public street, highway, alley or public place, and during all the time while such building, structure, machinery or equipment is being moved and in motion sufficient look-outs shall be maintained to safeguard persons or property against injury or damage which might result from such moving operations. -30- See. 394 Compliance with other ordinances, etc. The permit authorized by this Article shall be in addition to all permits required under any other provision of this Code or other ordinance of the City and all such reloeated buildings or struetures shall be subject to the inspection of the building inspector and shall conform to all requirements of the building and other codes or ordinances relating to building, construction and necessary installations incident thereto. See. 3-95 Applieabi~ty of Article The provisions of this Article shall apply to all persons moving buildings, structures, machinery or equipment within the City or from a location outside of the City to a location within the City, or from one location to another within the City; provided, that upon a proper showing, the building inspector may waive or reduce the deposit and permit fees where the building, structure, machinery or equipment to be moved is owned or is to be used or occupied by another public agency or where the distance where such structure, building, machinery or equipment is moved is so short that, in his judgment, a modification of the fees or other requirements hereof is reasonable under all circumstances. See. 3-96 to 3-99 Reserved ARTICLE X EXCAVATION AND GRADING See. 3-100 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: Approval. A written opinion by the building official concerning the progress and completion of the work. As-graded. The surface conditions extant on completion of grading. Bedmock. In-place solid rock. Bench. A relatively level step excavated into earth material on which fill is to be placed. Borrow. Earth material acquired from an off-site location for use in grading on a site. Civil engineer. A professional engineer registered in the State to practice in the field of civil works. Civ~ engineering. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and -31- eonstruetion of civil works for the beneficial uses 'of mankind. Compaction. The densifieation of a fill by mechanical means. Contour grading. The shaping of the final grade to compliment the natural contours existing on the site. Driveway. A way or route for use by vehicular traffic leading from a parking area or from a house, garage or other structure to the road or street. Engineering geologKst. A geologist experienced and knowledgeable in engineering policy. Engineering geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. Erosion. The wearing away of the ground surface as a result of the movement of wind, water or ice. Excavation. The mechanical removal of earth material. Fill. A deposit of earth material placed by artificial means. Grade. The vertical location of the ground surface. l~-x[~ting grade. The grade prior to grading. Rough grade. The stage at which the grade approximately conforms to the approved plan. Finished grade. The final grade of the site which conforms to the approved plan. Grading. Any excavation, filling, stockpiling or combination thereqf, including without limitation any act by which earth, dirt, minerals or other similar materials or combinations thereof which the land contains or of which the land is composed is cut into, dug, quarried, uncovered, removed, bulldozed, displaced or relocated, and including mining, quarrying, excavating, processing or stockpiling of any such materials. Key. A designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Permittee. The property owner applying for and receiving a grading permit. Site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Soil. The naturally occurring surfieial deposits overlying bedrock. -32- Soil engineer. A registered civil engineer experienced and knowledgeable in the practice of soil engineering. Soil engineering. The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. Stockpiling. The temporary depositing or storing of fill material on a site. Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. See. 3-101 Permit required; exceptions It shall be unlawful and a misdemeanor for any person to do any grading involving the movement of fifty (50) cubic yards or more of material on a site within a one (1) year period without first having obtained a grading permit therefor from the building official, except for the following: (a) Cemetery graves. (b) Refuse disposal sites if the same are otherwise controlled by other regulations of this Code or other City ordinances. (c) Well drffiing. (d) Excavation or grading for the construction or maintenance of any pipe, drain or conduit along or across any public street for which a permit has otherwise been obtained in accord with Article IV of Chapter 13 of this Code, or the excavation or grading for the installation of underground public utilities on private property. (e) Exploratory excavations under the direction of a soil engineer or an engineering geologist. (f) Swimming pools, where the natural slope is ten (10) percent or less at the location of the pool. (g) Any excavation which is less than two (2) feet in depth, or which moves or removes less than fifty (50) cubic yards of material. (h) Excavation of less tha fifty (50) cubic yards on a slope of less than twenty (20) percent. See, 3-102 Removal of hazards Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, endangers property or adversely affects the safety, use or stability of a publie way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon receipt of notice in writing from the building official shall, within the period specified herein, repair -33- or eliminate such excavation or embankment so as to remove the hazard and be in ~ eonformanee with the requirements of this Article. See. 3-103 Applieation for grading permit A separate grading permit shah be required for each site and may cover both excavations and fills. Each application shah include, or be accompanied by, the following: (a) Two sets of grading plans. (b) When required by the building official, two sets of specifications and supporting data, including a soil engineering report and engineering geology report. Such report shah include current data regarding the nature, distribution and strength of existing soils, type and depth of foundation supports, allowable bearing capacity for such support and recommendations concerning slope stability, as well as recommendations and conclusions for grading procedures and design criteria for corrective measures if any are necessary. Both the plans and specifications shah be prepared and signed by a civil engineer when required by the building official. (e) The grading plan shah be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and showing in detail that it will conform to the provisions of this Article and to aH othe relevant laws, ordinances and regulations. The first sheet of each set of plans shah give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shah include the following information: (1) General vicinity of the proposed site. (2) Property limits and accurate contours of existing ground and details of terrain and area drainage. (3) Limiting dimensions elevation or finish contours to be achieved by the grading and proposed drainage channels and related construction. (4) Detailed plans of aH 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) Location of any buildings or structures and trees over twelve (12) inches in diameter, twenty-four (24) inches in height from natural grade on the property where the work is to be performed and the location of any buildings or structures on lands of adjacent owners which are within the minimum setback of the property, as specified in the Subdivision Ordinance, or which may be affected by the proposed grading operations. Specifications shah contain information covering construction and material requirements. -34- (6) Estimate of the quantity of excavation or fill involved and estimated commencement and completion dates. '(7) Indication of the area of vegetation to be removed. (8) Provisions for erosion control. (d) The engineering geology report required by Subsection (b) of this Section shall include an adequate description of the geology of the site, together with conclusions and recommendations regarding the effect of the geologic conditions on the proposed development, and opinions and recommendations concerning the adequacy of the site to be developed by the proposed grading. Recommendations included in the report and approved by the building official shall be incorporated in the final grading plans or specifications. See. 3-104 Grading designations Where the aggregate volume of grading on any site or contiguous group of sites is in excess of one thousand (1,000) cubie yards, or the proposed cuts and fills exceed ten (10) feet vertical at their maximum point, or where thirty (30) percent or more of the vegetation is to be removed from any vacant land, the same shall be deemed to be and to require engineering grading. All other grading, fifty (50) to one thousand (1,000) eubic yards of material, shall be deemed regular grading. See. 3-105 Action on application Where the application for a grading permit is for regular grading, the same shall be reviewed by the Direetor of Community Development, and if said Direetor finds the applieation is in eonformity with all the provisions of this Article, the building offieial may thereafter issue a permit with such reasonable eonditions as he may deem neeessary in order to eomply with all the provisions of this Artiele. The eommittee or the building official may refer any sueh applieation to the Planning Commission for a report and reeommendation pror to the issuance of any permit. Where the application for grading whieh is deemed to be engineered grading, the committee shah first review the applieation and thereafter prepare and submit a report and reeommendatio to the City Planning Commission. The Planning Commission shall approve, with reasonable eonditions, or disapprove any appHetion for engineered grading, and the building official may not issue any permit for engineering grading without the affirmative approval of such commission. Failure of the Plansing Commission to aet on any applieation within sixty (60) days after submission to it will be deemed to eonstitute approval of such application. When applieation for a grading permit relates to a proposed building site, design review in accord with Article 13 of the Zoning Ordinanee sha~i first be obtained prior to the issuance of any grading permit. See. 3-106 Engineered grading requirements For engineered grading, it shall be the responsibility of the eivil engineer who prepares the approved grading plan to incorporate all recommendations from the soil -35- engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arising for liason between the other professions, the contractor and the building official. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded plans upon completion of the work. The grading contractor shall submit in a form prescribed by the building official a statement of compliance to such as-built plan. Soil engineering and engineering geology reports shall be required as specified in Section 7006 of Appendix Chapter 70 of the Uniform Building Code, 1982 Edition. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the building official by the soil engineer and the engineering geologist. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. The building official shall inspect the project at the various stages of the work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. See. 3-107 Reg, dae grading requirements The building official may require inspection and testing by an approved testing agency. The testing agency's responsibility shah include, but need not be limited to, approval concerning the inspection of cleared area 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 operation win be required to conform to "engineered grading" require ments. See. 3-108 Deviations from standards The building official shall have authority to permit minor changes, modifications and other deviations from the design standards set forth in the Sections on cuts, fills, setbacks, drainage and planting above, upon his finding that any such change, modification or deviation will not detrimentally alter the resultant stability and drainability in relation to the use to be made of the graded area. -36- Where the proposed change, modification or deviation from design standards involves more than ten (10) percent change in the total amount of cut and fill, or in the height of any cut or fill bunk, the same shall be deemed to be a major change or deviation, and prior to such deviation being permitted, the same must first be reviewed and approved by the Director of Community Development. The building official may impose such conditions as appear reasonably necessary in order to secure the objectives of this Article on permitting any such change, modification or deviation. Bee. 3.109 Notification of noncompliance If, in the course of fulfilling their responsibility under this Article, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with the Article 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. See. 3-110 Transfer of responsibility for spproval If the civil engineer, the soil engineer, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his or its technical competence for approval upon completion of the work. See. 3-111 Action under permit All work under a grading permit shall be begun withn one hundred eighty (180) days after issuance and completed within six (6) months thereafter. In the event of unusual difficulties, the building official may grant an extension, so long as the application therefor is made prior to the expiration date of the permit. Notwithstanding the foregoing, the building official shall have the power to stop or delay the progress of any work if the same shall be deemed necessary due to weather conditions. Each permittee shall retain a complete set of approved plans on the site during all grading operations. See. 3-112 Fees (a) Plan ehecking fee. For excavation und fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the building official shall collect a plun checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this Article. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be as set by resolution of the City Council. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shaR be the difference between such fee paid for the original permit und the fee shown for the entire project. -37- (b) Grading permit fees. A fee for each grading permit shall be paid to the building official as set forth by resolution of the City Council. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. (c) Special fees. City officers administering this Article may engage the services of geologists, engineering geologists, soils engineers, foresters, and landscape architects as they determine to be necessary to review grading plans and activities. The cost of such services shall be charged to and paid by the applicant. See. 3-113 Bonds Every permittee shall be required to post a cash or surety bond with the building official in an amount sufficient to cover the cost of the project, including corrective work necessary to eliminate any hazardous conditions, to insure that the work will be completed strictly in accord with the approved plans and specifications. Each bond shah insure that the permittee shall comply with all the provisions of this Article and all other applicable laws and ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction of the building official and that he will complete the work within the time limits as specified in the permit. In the event of any failure to complete the work or failure to comply with all the conditions and terms of the permit, the building official may order the work required by the permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing all such work to be done, including engineering fees and attorney's fees. See. 3-114 Gradin~ criteria The following grading criteria shall apply to work done pursuant to this Article: (a) Cut slopes. Unless otherwise recommended in the approved soil engineering or geology report, cuts shall conform to the provisions of this Subsection. (1) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and no steeper than two (2) horizontal to one (1) vertical. (2) Drainage and terracing. Drainage and terracing shall be provided as required by Subsection (g) of this Section. (b) Fffi slopes. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Subsection. All compacted fills shall be inspected by a licensed civil engineer when required by the building official. In the absence of an approved soil engineering report these provisions may be waived for minor fills not intended to support structures. -38- (c) Fill location. Fill slopes shall not be constructed on natural slopes steeper than two (2) to one (1). (d) Prepmarion of ground. The ground surface shall be prepared to receive fill by removing vegation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill, and where slopes are steeper than five to one and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soil engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow, or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide, but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the building official, the civil engineer, 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. (e) Fill material and guidelines. Detrimental amounts of organic material as defined by a soil engineer shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than eight (8) inches shall be buried or placed in fills. The building official may permit placement of 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 areas 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 shall be placed so as to assure filling of all voids with fill. (4) All fills shall be compacted to a minimum of ninety (90) percent of the maximum density as determined by U.B.C. Standard No. 70-1. Filled density shall be determined in accordance with U.B.C. Standard No. 70-2 or equivalent, as approved by the building official. (5) The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical. (6) Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Subsection (g) of this Section. (f) Setbacks (1) Generally. The setbacks and other restrictions specified by this Subsection 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 -39- 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. (2) Setbacks from property lir~e. The tops of cuts and toes of fill slopes shall be setback from the outer boundaries of the permit area, including slope right areas and easements, in accordance with figure No. 1 and Table No. 70-C. (3) Design standards for setbaelcs. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure No. 2, Table 70-C. (g) Drainage and terracing (1) Generatly. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Subsection. (2) Terraees. Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris; except, that where only one terrace is required, it shall be a mid-height. For cut or fin slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one terrace at approximately mid-height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred and twenty (120) feet in height shall be designed by a civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five (5) percent and with reinforced concrete not les than three (3) inches in thickness, or an approved equal paving. If paved, they shall have a minimum depth at the deepest point of one (1) foot 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 thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain. (3) Subsurfaee drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. (4) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the building official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installatinn of nonerosive downdrains or other devices. Building pads shall have a drainage gradient of two (2) percent toward approved drainage facilities, unless waived by the building -40- official. Exception: The gradient from the building pad may be one (1) percent if all of the following condition exist throughout the permit area: (a) No proposed fills are greater than ten (10) feet maximum depth. (b) No proposed finish cut or fill slope faces have a vertical height in exeess of ten (10) feet. (e) No existing slope faces, which have a slope face steeper than ten (10) horizontally to one (1) vertically, have a vertical height in excess of ten (10) feet. (5) Interceptor ~ir~. Interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drinage path greater than forty (40) feet measured horizontally. At the point of interception a nonerodable surface shall be provided. The slope of drain and nonerodable surface shah be approved by the building official. (h) Driveways. Unless otherwise recommended in the approved soil engineering or geology report, driveways shah conform to the provisions of this Subsection. (1) Gradient. Maximum driveway gradient shall not exceed eighteen (18) pereent for more than fifty (50) feet. (2) Construction standards (a) Driveways to structures with less than a thirty-five (35) foot setback have no eonditions plaeed on their eonstruetion. (b) Driveways to structures with more than a thirty-five (35) foot setback shall comply with the following conditions: (1) The driveway must be at least fourteen (14) feet wide with a one (1) foot shoulder on eaeh side. (2) The driveway must have a minimum eurve radius of forty-two (42) feet. (3) If the finished surfaee slope is twelve and one-half (12- 1/2) pereent or less, the driveway must have at least a six (6) inch aggregate base and a double-coat oil and screening surface. (4) If the finished surfaeing slope is twelve and one-half (12-1/2) to fifteen (15) percent slope, the driveway must have at least a six (6) ineh aggregate base and a two (2) inehe asphalt concrete surfaee. -41- - (5) If the finished surfacing slope is fifteen (15) to eighteen (18) percent, the driveway must have at least a six (6) inch aggregate base and a four (4) inch rough-surface concrete surface. (6) A turnaround at the end of a driveway must have at least a thirty-two (32) foot radius or an equivalent approved by the fire department. (7) Centerline perpendicular to the right-of-way at the point of their intersection or present a minimum forty- two (42) foot effective inside radius to vehicles departing or entering the public street from both sides. (e) All bridges and driveway structures shall be designed to sustain thirty five thousand (35,000) pounds by dynamic loading. (1) Erosion control. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. All cut and fill surfaces subject to erosion shall be planted with ground cover which is compatible with the natural ground covers in the City and which will thrive with little maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut and fill along public roads may be required to be landscaped to blend into the natural surroundings. Plants used shall be at heights which will not obstruct vehicular sight distances on City streets. Adequate site distance shall be determined by the Director of Community Development. All plant materials shall be satisfactory to the Director of Community Development. The protection of the slopes shall be installed as soon as practicable and prior to calling for final grading approval. When cut slopes are determined by the building official not to be subject to erosion due to the erosion resistant character of the materials, planting precautions may be omitted. Where necessary, check dams, cribbing, riprap or other methods shall be employed to control erosion and provide safety. (j) Restricted hou/s. Unless specifically exempted, grading will be restricted to the hours between 7:30 A.M. and 8:00 P.M., Monday through Friday, except in the event of an emergency which imperils the public safety. The building official may grant an exemption upon his determination of an emergency. (k) Du~t ~nd dirt control. Graded surfaces shall be wetted or suitably contained to prevent public nuisance from dust or spillage on City streets or adjacent properties. Equipment, materials and roadways on the site shall be used in a manner or treated to prevent excessive dust conditions. -42- See. 3-115 Stockpiling If the grading consists only of the depositing and storing of fill material on a site, the building official may issue a temporary grading permit, to be designated a stockpiling permit, permitting the stockpiling of such fill material without complete compaction, for a limited period of time not to exceed ninety (90) days. The building official shall determine the location, amount and length of time stockpiled material may remain on a site. The building official shaH. require a cash bond from the applicant, as a condition precedent to the issuance of a stockpiling permit, guaranteeing the removal or the ultimate proper compacton, in accord with the foregoing. No plan checking fee shall be required for a stockpiling permit, save and except at such time as, at the expiration of such stockpiling, the permittee submits plans to obtain a regular grading permit and complete the installation and compaction of such fill material. See. 3-116 Effect of prior site plan approval of subdivision Where a site development plan has already been approved by the advisory agency under Section 13 of the Subdivision Ordinance, and such site development plan has been made a part of the improvement plans and the improvement agreements and the bonding requirements of the Subdivision Ordinance, and the final subdivision map has been approved and recorded, sections on permits required, plans and specifications, geologic engineering reports and soil engineering reports and bonds required in this Article shall be deemed to have been complied with as to any excavation or grading work done in accord with such previously approved site development plan. In the event of any change of the site development plan as to any lot, site or parcel from the approved site development plan, the above Sections shah thereafter be applicable, and a separate grading plan, grading permit, permit fee and bond shall be required therefor. Sec. 3-117 Special preeautious If the building official determines by inspection that the nature of the formation is such that further work as authorized by the existing permit is likely to endanger any property or public way, the building official may, as a condition of work, require reasonable safety precautions to avoid the likelihood of danger. Such things as flatter exposed slopes, additional drainage facilities, berms, terracing, compaction, cribbing or installation of plant materials for erosion control may be required. If storm damage is anticipated, work may be stopped until temporary planting, structures or other temporary measures have been taken to control erosion and protect adjoining property. See. 3-118 Grading inspection AH grading operations for which a permit is required shah be subject to inspection by the building official. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application for a Fading permit, the building official may refuse to approve further work until approval is obtained for a revised grayling plan conforming to existing conditions. -43- Appreved plans and permits for grading work shall be maintained at the site during the grading activity and until the work has been approved. Three inspections will be made, as follows: (a) Initial inspection. When the permittee or his agent is ready to begin work on excavation or fill and construction stakes have been set, but no grading begun. (b) Rough grading. Including stripping, keying, compaction and subsurface drains. (e) Fimll inspection. When all work, including installation of all drainage and other structures and any required planting, has been completed. See. 3-119 Completion of work (a) Final reports. Upon completion of the rough grading work and at the final completion of the work, the building official may require the following reports and supplements thereto: (1) An as-graded plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He shall provide approval that the work was done in accordance with the final approved grading plan. (2) A soil grading report prepared by the soil 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 soil engineering investigation report. He shall provide 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 information disclosed during the grading and the effect of the same on reeommedations incorporated in the approved grading plan. He shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors. (b) l~lotifiea~on of completion. The permittee or his agent shall notify the building official when the grading operation is ready for final inspection. Final approval shah not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the final approved grading plan and the required reports have been submitted. See. 3-120 Compliance ~ith other ordinances The building official shall not issue a grading permit for any grading as a -44- building lot or site unless all proposed uses shown on the grading plans for the lot or site will comply with all applicable provisions of both the Zoning Ordinance and Subdivision Ordinance, as amended, of the City, and with all other provisions of this Code, or unless such grading and the proposed uses are consistent with the City's general plan. Any grading permit issued in violation of this section shall be void and of no force and effect. See. 3-121 Appeals Any decision of the building official in denying a grading permit or in granting a grading permit with conditions may be appealed by the applicant pursuant to the provisions of Section 2-3.2 of the City Code. See. 3-122 Damaging graded l~nds It shah be unlawful and a misdemeanor for any person to directly or indirectly damage or destroy any ground cover, planting, berms, drains, drainage terraces, ditches, swales, riprap or other drainage structures and erosion controls which are planted or constructed pursuant to this Article or to the provisions of the Uniform Building Code incorporated herein, or in accord with any of the regulations of the Planning Commission, or pursuant to any site develpment plan filed in accord with the Subdivision Ordinance of the City. See. 3-123 to 3-129 Rafted ARTICLE XI PRELIMHqARY SOIL REPORTS IN SUBDIVISIONS See. 3-130 Purpese of Article The City Council declares this Article is enacted pursuant to the requirements of Chapter 1001 of the Statutes of 1965 of the State. See. 3-131 Preliminary soft report required; exceptions At the time of submission of the tentative subdivision map, the subdivider shall file with the building official a preliminary soil report, prepared by a civil engineer registered by the State, based upon adequate test borings or excavations of every subdivision as defined in Sections 11535 and 11535.1 of the Business and Professions Code of the State. The preliminary soil report may be waived by the building official if he shah determine that, due to the knowledge of the building department as to the soil quality of the subdivision, no preliminary analysis is necessary. In addition, the building official shah have power to waive the preliminary soil report at the time of the submission of the tentative subdivsion map, on condition that such preliminary soil report shall he furnished prior to the filing of the final subdivision map. -45- See. 3-132 Soft investigation- When required If the preliminary soil report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, would lead to structural defects in the building or structure intended to be erected thereon, a soil investigation of each lot in the subdivision shall thereafter be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. Such reports shall be filed with the building official prior to action on the final subdivision map. Sees. 3-134 to 3-139. Reserved ARTICLE XII MISCELLANEOUS BUILDING REGULATIONS See. 3-140 Swimming pool fencing (a) Definition of ~ of water". The term 'body of water" as hereafter used in this section shall mean any body of water over eighteen (18") inches in depth at any point, which is not part of a natural or artificial lake, or a stream, or a drainage facility under the control of the City of Saratoga, or the County of Santa Clara, or a flood control or other public ageney. By way of illustration, and not by way of limitation, a body of water is intended to include all pools designed for wading or swimming. (b) ]Fence required. Every body of water in the City shall be completely enclosed by a fence of not less than five (5) feet in height from finish grade measured on the outside of such fence, which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in any dimension, except for doors and gates. Each door and gate in such fence shall be self-closing and self-latching. Fenches completely surrounding a lot, site or parcel, and one or more walls of a building, or any combination of fencing, building walls, and walls shall constitute compliance with the provisions as to fencing. Where the building or one or more walls thereof constitutes a part of such enclosure, doors in the building leading from the pool area to the interior of such building need not be self-closing and self- latehing. (c) Variances. The building official shall have power, in cases of unusual circumstances or unnecessary hardship, to permit modifications or deviations from the above set forth fencing regulations around bodies of water, to grant exceptions thereto, based upon standards and criteria as developed and established from time to time by resolution of the City Council of this City. Reference is hereby made to Resolution Series No. 712 of this City for further particulars. Upon the granting, conditional granting or denial of such variance by the building official, any interested person shall have the right to appeal such decision pursuant to the provisions of Section 2-3.2 of the City Code. -46- See. 30-141 Responsibility for geetechnical reports Whenever any section of this Code or any other ordinance or regulation of the City, or the judgment of the building official, requires a geology and/or soils report, hereinafter individually or collectively known as a geetechnical report, be submitted as part of an application for site approval, subdivision approval or grading, building or other permit the following shall apply: (a) The applicant shall be solely responsible for selection and compensation of the geetechnical consultant; except, that the City may specify the type and licensing requirements for the consultant. (b) The City shall have the right to require a third party geetechnical consultant in the event of any major disagreement between the City's geetechnical consultant and the applicant's consultant. The City will provide a list of at least three (3) qualified geetechnical consultants to the applicant from which to select one as such third party consultant, and the applicant shah be responsible for his compensation. The decision of the third party consultant shall be conclusive on the City and the applicant. (c) The substance and scope of each geetechnical investigation and report submitted as part of an application as described above shall remain the sole responsibility of the applicant and his consultant. Any comments by the City or the City's geetechnical consultants are for the purpose of pointing out possible areas of concern to the applicant, and any approval of any geetechnical report by the City shall not be construed to imply that the City or the City's consultant warrants the accurancy of the report or any of its contents, findings or recommendations. (d) Whenever any applicant submits a geetechnical report to the City as part of his application, he shall also submit a written statement to the City Clerk representing that he is and will be relying upon the investigation, report and opinion of his own geologist, and that if the requested site approval, subdivision approval or building, grading or other permit or permits are granted, he agrees to and does thereby indemnify and hold the City, its officers, agents, employees, boards, commissions and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by owner. or any other person or entity by reason of any actual or potential geologic hazard, including, without limitation, landslipage, landslide, earthquake, slope instability, soil or sub- soh instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or structure or its foundation, and further setting forth that he is knowingly assuming the risk thereof. SECTION 3: Except as otherwise specifically provided herein, if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. -47- t SECTION 4: This Ordinance shah take effect and be in full force and effect thirty days from and after the date of its passage and-adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5th day of June ., 1985, by the following vote: AYES: Councilmembers Cl~venger, Hlava and MDyles NOES: None ABSENT: Councilmember Callon and Mayor Fanelti M~CIT~ ATTEST: p~C CLERK OF THE CITY OF A Deputy City C;e ' Date -48-