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AF - 40696r � � J DATE: TO: FROM: SUBJECT: Community Development Department NG DIVISION City of Fridley August 25, 1993 ��Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Status of Vacant Residential Lots on East Danube Road N.E. I sent a letter to Paul Harstad, owner of two residential lots located on East Danube Road N.E. The lots contain wetland areas, and therefore fall under the jurisdiction of the 1991 Wetland Conservation Act. Mr. Harstad has indicated that he intends to make the lots buildable and has contacted the Rice Creek Watershed District regarding their requirements pertaining to the 1991 Wetland Conservation Act. If the areas to be filled or drained are less than 400 square feet in area, the draining or filling may be permitted under the 1993 amendments to the Act. We will continue to monitor the activity on these lots to insure compliance with the 1991 Wetland Conservation Act. NII�!/dn M-93-477 r � � � DATE: TO: FROM: SUBJECT: Community Development Department PLarnvnvG DrviSION City of Fridley August 26, 1993 William Burns, City Manager �Barbara Dacy, Community Development Director Councilman Schneider Request for Information Michele McPherson has contacted Mr. Harstad, the owner of the two residential lots on East Danube Road N.E., regarding on-going filling activity. Mr.��Harstad will be continuing his effort to seek approval from the Rice Creek Watershed District to construct homes on the two lots. Should Councilman Schneider need additional information, please feel free to contact me. BD/dn M-93-480 TO: FROI�/I: DATE: Cn,�r.cering Sewcr '��:atcr f'��H.S $Ir�LlS fv',e�f1SCf1JnCC ME MORANDUM Michele McPhersan, Planning Assistant Scott Erickson, Assistant Pubiic Works Director��, June 10, 1994 SUBJECT: Assessments for the Following Parcels: 1. PIN 2430-2442-0080 2. PI N 2430-2442-0081 � , � �� PW94193 The following assessments have not been paid for the above mentioned lots: �' � 1. PIN 24-30-24-42-0080 LS, �2 e�Sf3QuL� N��'` �-^1O �� y�'� f ,=) � � i�,��L� d� Street �2,821 •81 Water Lateral 1,049.99 Water Service 290.23 Sewer Lateral & Service 1,018.39 2. PI N 24-30-24-42-0081 L i., g 2 i N s��° ��0��' Z'°' ��°o� � �`� .��e� � tfSi r ��L�.t��f. � Street �2,821 •8� Water Lateral 1,049.99 Water Service 290.23 Sewer Lateral & Service 1,018.39 SE:cz d �� wo°�v r _ � I DATE: TO: � IFROM: a d:j,_, .. � 3 �orr�munity Development Dep�artment , l��.. PLANNING DTVISIONy... a City of Fridley ��t�- �e .� ::, � � S _ `I � � fiw�. �i( �it� r.�- Ca.BI May 4, 1995 `�I� � �� __ D � r `- ,1� vs�1 e� ._Vjilliam Burns, City Manager � � ; _� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator ��Iichele McF.herson, Planning Assistant �" SUBJECT: Status of Wetland Replacement Plan, WR #94-01, by Harstad Companies ,� i1 � � ��,�.; �I�v • �, I 6 •� The City Council at its June 20, 1994 meeting denied the Wetland Replacement Plan, WR #94-01, by Paul Harstad, to fill wetlands �ocated on 5470 and 5490 East Danube Road N.E. On October 18, 1994, the Minn�sota Board of Water and Soil Resources upheld the � City's decision`.; Staff directed the City's consultant, Petersen Environiuental Consulting, to investigate allegations raised „ during the pub�.ic hearing.process about possible il�.egal filling �� of the lot. Mr. Petersen h,as determined the amount of fill .� �placed on the site. Howe r, staff has not determined the proper legal action tq pursue. Staff is also investigat'ng the amount ,� o�_time Mr. Harstad has to appeal BWSR's decision. � The City Council also tabled action on the Variance-request, VAR #94-04, pending appeal of the City's wetland decision. :. y� � � � � , - MM/dw M-95-265 �II� ` r C �► �--� �;.� � '� l'�5 �iL� • , �� w�11 InG'w� . � �1- -�r . _. � � � i �ve�-� � � � � � `� C c:� .��:.�-r/� /�L'�� ivt� � � � ��tiLi�-t-� --z i�'�c- �" � � � y./�-t� �'�.-� .'� r� �' t � C"�—x Zi� C' '�� j � . 1 � o !i C , �C� � � � tl ' 4 .� � f — � � � / 3 c � b� � � ' � � . — ,� � '� _ � .� � �J � � � -� r � � �� J � � Community Development Department DATE: July 18, 1995 P�.Arnv�vG Drvislorr TO: �� V'u'gil H'errick, City Attomey City of Fridley FROM: �1Vfichele McPherson, Planning Assistant SUBJECT: Lega1 Action Regarding Illegal Fill by Harstad Companies, 5470 East Danube Road As you may recall, in 1994 the City processed a wetland replacement plan for Harstad Companies requesting that the wetland at 5470 East Danube Road be filled to allow construction of two single family dwellings. The City denied the application and the Board of Water & Soil Resources upheld the City's decision. . As a result of the public hearing regarding the wetland replacement plan, the neighbors testified on numerous occasions that illegal fill occurred on the subject property after the land aiteration permit expired December 31, 1986. Peterson Environmental Consulting was engaged to review aerial photographs and determine the amount of fill which occurred. Their report is attached. Please review the atta.ched report and deternune the appropriate course of action the City should pursue. Please indicate which statute is applicable for pursuit of this legal action. I would appreciate a written response from your office by July 28, 1995. If you have any questions, please contact me at 572-3593. I will be out of the office the week of July 24th through the 28th. MM:da Enc. M-95-405 � ROAERT A. GUZY BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. ]ENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMASP.MALONE MICHAEL F. HURLEY VIRGIL C. HERRiCK HERMAN L. TALLE TO: FROM: RE: DATEt Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line (612) 783-5124 MEMORANDUM Michele MePherson, City of Fridley Virgil C. Herrick Leqal Action Reqardinq Illeqal Fill by Harstad Companies, 5470 East Danube Road October 4, 1995 CHARLESM.SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE CRA[G M. AYERS GREGG V. HERRICK JAMES D. HOEFI' JOAN M. QUADE SCOTI' M. LEPAK ELIZABETH A. SCHADING WILLIAM F. HUEFNER ROBERT C. HYNES 1935-1993 This memorandum is a preliminary response to your memorandum of July 18, 1995 regarding the above subject. Subsequent to your memorandum, you and I had a detailed discussion regarding the facts and questions involving the above subject. The basic question to be determined is whether the owners of the above property illegally placed fill on this property, and if so, what are the remedies available to the City? I have examined the Fridley Code and the state statutes to determine what ordinances or statute may apply to the facts in this case. The following ordinances and statutes may be applicable: 1. 2. Fridley Code 206.10 4 B. This section refers to land alteration as it affects water run off. Fridley Code 206.11. This section prohibits the filling of waters without a permit. 3. Fridley Code 205.04.04 I. This section prohibits land alteration that results in water runoff causing flooding, erosion or deposits of minerals on adjacent properties. 4. Fridley Code 206.01 3 A(4). This section adopts the state building code chapter 1305.0020, sub part 2(4) 33 excavation and grading. I have not been able to locate this reference in the state building code, and An Equal Opportunity Employer October 4, 1995 Page 2 therefore I do not know whether it has any application to the facts in this case. 5. Minnesota Statutes 103.G245 subd. 1(2). This section requires a land owner to have a permit to change or diminish the course, current, or cross-section of public waters. .. by any means including filling or placing of materials in or on the beds of public waters. According to the information that I have received, the land owner applied for and received a land alteration permit from the City. This permit expired on December 31, 1986. I have not seen a copy of this permit and it should be examined before a final recommendation is made on this subject. It is my understanding that some filling on the property was done while this permit was in existence. If possible, we should determine whether the filling that was done was within the limits of the permit then in existence. I have also been advised that there has been some filling on the property after the expiration of the 1986 permit. The City has hired Peterson Environmental Consulting, Inc, to examine the property and records relating thereto to determine the extent of any filling activities on the property after the permit expired. I have examined the Peterson report dated July 14, 1995. The Peterson report indicates that there was filling that occurred in 1986 but because of the nature of the aerial photographs, they are not able to determine the acreage nor the amount of wetland that was filled at that time. It appears that there was grading activity on the property in 1987, however, Peterson is not able to state whether any additional wetlands was filled between 1986 and 1987. Peterson also states that there was additional fill placed on the property in 1989; but he concludes that it does not appear that this additional fill was placed in the wetland. Peterson also indicates that additional fill appears to have been placed on the property in 1991 and 1993, but that this fill was placed over pre-existing fill and not in the wetland area. In summary, Peterson is not able to determine that any of the wetland was filled after 1986. Assuming that the above correctly states the facts, the question then is whether the property owner has violated any of the ordinances or statutes mentioned above. Chapter 206 of the Fridley Code is entitled Building Code. Section 206.10 is entitled Drainage and Grading. Subdivision 4 of that section is entitled Protection of Existing Drainage Installations. Subdivision b of that section provides "no land shall be altered and no use shall be permitted that results in October 4, 1995 Page 3 water runoff causing flooding, erosion or deposits of minerals on adjacent properties." Questions that need to be answered in order for this section to be applicable are: 1. Does this section apply only after an application has been made for a building permit; 2. Can the City show that any fill deposited after 1986 has caused flooding of adjacent properties. If this section applies, 106.10 subd. 5 allows the City to order the property owner to regrade the property. Section 206.11 of the code is entitled Waters, Water Ways. This section provides that no person shall cause any waters to be altered, filled ... without first securing a permit from the City, the State, or the Watershed Management Organization as appropriate. The property owner did secure a permit from the City in 1986 and clearly filled or eliminated some waters at that time. If this activity was in the scope of the permit, I do not feel that any violation could be established. It also appears that the property owner placed additional fill on the property after 1986. However, Peterson's report would seem to indicate that the additional fill was not placed within the wetland. The Fridley Zoning Code Chapter 205 provides in section 205.04.04I that "no land shall be altered and no use shall be permitted that results in water runoff causing flooding erosion or deposits of minerals on adjacent properties." The section goes on to state certain standards that shall be implemented and also lists certain activities for which a grading and drainage plan is not required. This section should be examined in detail to determine whether the facts of this case are within the scope of the section. Minnesota Statutes 103G.245 requires a public waters work permit to change or diminish the cross section of public waters. The definition of public waters is contained in section 103G.005 subd. 15. A copy of this definition is attached to this memorandum. Because the filling of the wetland appears to have occurred in 1986, it would be necessary to determine what the provisions of this state statute were at that time. The present statute was amended in 1990, 1991 and 1994. Under the present law, the commissioner of the Department of Natural Resources may delegate the permitting authority to local units of government. Whether the Fridley permit in 1986 complied with this delegation may be a question to be resolved. Also, it is necessary•to determine whether the water on the subject property is public waters as defined in the state statute. October 4, 1995 Page 4 CONCLUSION I have attempted to set forth the various ordinances and statutes that may apply to the fact situation in this case. If anybody on the staff has other ordinances or statutes that they believe to be applicable, they should be discussed. �� d�� t/ �� ,,�.�. (P�l ��-� --� l2s y Ill�a�� - l,� �}�, ��I , �,�...�,;,t� �- G� ;�✓��--a ( � ��..C'�� , , �- �s ��f� � ,,,Q.��I� � �� a �� @�~ I �� -� �� / �� g:�munic\fridley\memos.sav\harstad.fil . ��. .�.:.-:.-�WATERS OE�THE;ISTAZ'�� ' P'_ 10II�5 � .`. , .. . . . r � r 611 . Water aeration safety.. .. f� s �HARVEST AND� CONTROL � ,;,� � ` OF AQUATIC' PLANTS � 61b t��P�eimifs;tto�hariies��or.rc�e^stroy aquatic�'`� ' plants: , . _ �;f.�:�•�� 617��:':Eui�asian�watei� milfoil�'education:'and:; "management°��::::.':�r: ' .'�;:;�.^,";r 621 County weed � and alg�ae destruchont - �{ ariil removal: �+= �u�:.�;�'�>. <� 625 �-.Municipal. control, of aquatie vegetation � . ..__. -c 'a�'d orgaivams- ; • z - ' . _ ..�:�.'�;.3;". `�; - • " STREAIVIS .. . .� ,. ,: ` .701. � � Stream maintenance program: : -. ^. :•; .711. State's ownership :o£ bed of navigable .. . river.. . .. � . .. _ .. . :.;; r:,,:- .., , �_. - :_.��'.. , ��. - a;; �n:. _ .. . . . :- .. . -. . : _ , ...: located prauisions.relating`to water° �rials. formerly; appear. ing; under the ��':;: � �cated undzr the appropracite neav_ �. ": ;2d annotation. materials., aprpearing _;"• � !6A, 110, 110B,.11�, and IIJ�B: For ;ssor section as 'listed in �the • Prior � ' ; �,led section: is not covered by a new --�: c preserved. under the old section .". � . . .. .. . . . _... � _.. . �� prmrides in:pari: � � ��,,'-- - . -... . . •e intends this ac�i �to be a�clarifzca- �zffecEing wate�:• -. The�-change's ttcat �os affecting wa,ter and_ shall not be ._� '.er tice . meani'ng : of tiie � laia. It . is �,.`: :j e recodi ed '� ' ' ` .Ft by; articles 1; to 10 are •.; ,.- .:.. . ::iS_'� .._�.. :Lti �' 2. provides: . . . - , - . . . _. _ . : _ .. . ..,.... ,• .. . _..._ .�vi ndin9 the p�'mrisions�of Minnesota : �v to,the contr¢ry, therepeal in this-�� •-_ �pt administrative'r'ules;'does not _,_ not� recodi, fy administrati'ue rules ''�� f� .' . . a?. �. rti �i ');_ Sp.t`' .. _� ., i�! ::�-. . ....._:r,' ��,-::..: ., - x�i >IONS, `' i , � ,,;1�. .,._ .... i. �.Iv .• ��:(� ntaries. _� . , . � ^;,;; . .. •,, ; � �..,_z _.. ._ . . ] wetlands?" Christopher„J. ,Schulte. 15 , ie L.Rev. 439 (1992): ` : . . , '.� . • ,. .: `' :�.i: - t ..:r.r ,.Y4.:: i.._ ' ' 1 ...+ 1� ;.�...��.,. .... i 103G constitute the.water� law�bf this`. . - . ,..'i':. �.� _. :.. .... �'.: . ... .._.•, � this section apply to==this chapter. ��`'� WATERS:� OF THE STATE _ § ;103G:�05 " " . _ ".... .. ..: . � . .. . . � . :, jKi1 n . �.; `�E � 5ubd.,2 I� Abandon.; r�`-`,Abandon;� mean§:to give up the: pse,and maintenance�of .structures � or.;improvements to;realty%.and;to surrenderythem,to.deteriorahon ��,Abandon doesnotrefe'r;to �..: ,, intent, to_surreiider or.relinquish title to or a possessory�interest ui,the real:property where the structures or unprovements are located. ' ;�' . Sutid. �3.�'Alter"'e� natu'ral �waterco�ii'r's'e:j' "Altered natuialywa�course"�means` a forciier I 6"� .., :, • �r:r.,ca , :,. natural watercourse. that has been.. affected by"ariific�al 'changes to:.str'aigh�en;` deepen, : narrow,,or widen the:original cliannel:•�.�:� �+�'>> >c� ; :•y �:: �s;�:�u;�:�:, �ts a-F,�?;r;=��:i: (:;; Y: _ , ....:... .:.-:, ,.:.��-.:.•�•.. .�.. ' �:: Subd. .4.,•;:Appropriating.:,;: "Appropriating', .means withdra.wal,:removal,, or_�trar�sfer-,of Ti . water. from its source regardless :of how: the water: is used:; ;��s -�_',si '�:,;Y- ;_; �r�:� � c��•^-- ` Subd.5.::Art�cial:watercourse.:;,"Artificial;watercourse".means;�a,watercourse.artificial- � ly constructed by, human beings where a natural watercourse was riot previously located. ; �,-, • ;-,. -•• :•� :;: a,.... . .: . . .. Subd. 6. Basin of origin. �"Basin of origin" means t.tie drauiage basin of the Great Lakes, the Red ftiver of� the. North, the<Mississippi Rivex,� or the Missouri Riverr .��< �-� ., , .;:.._..: _•:. Subd. 6a: Board. "Board" 'means �the board �of water and soil:resources: � . Subd. 7. Commissioner. "Commissioner" means the commissioner of natural resources. _�.� .,,. 1. . ., _.,:,: � Subd. 8. � Consumptive use. "Consumptive use',',means.water�that is.withdrawn-from its source for immediate further use in the area of the source and is riot directly r`eturned to the �.. .;.,. - ��. -�� .;-r •,-• .;: .._ , source. - . ..:, .� . ...... ,,. _ . .. .. _ . ,.. ._ ... ._. . ..__. .�.. _. . Subd. 9. Director. "Director". means the director of the division of waters of' �the department of'natural resources. _ ;; ; . .'.;. _ . .,.°.� .�. , :� �:,•`: . . - _ . ._, . . . , _ . ._. . , . . . Subd. 10. Division. "Division'.' means the division of waters of the department. of natural resources. ... . _... - .-. , - , r_ ,_i. _ . :..... ...... �.. . , . __.., ..�.::.. � Subd. .10a ...Local government !unit : `.`Local ,government. unit"- means: ,.. . _ � : . : . (1) outside 'of the seven-county metropolitan � area;,' a cityr council • or -county board of commissioners; and�: ... .� .. .:.. , . . , . ,,. . .. ... , _:.,-. . . . . ,. _ . . .. . : (2) in the seven-county metropolitan area, a city council, a town board under section 368.01. or.. a watershed. management organization under.. section-103B211. .; : �_ , � � - �..: : i .:, �. . � �.'r... _ Subd. � 11. � Meandered lake." �"Meandered� lake"� means a'body� of'water `except � streams located within the meander lines shown on plats made by'the:Unitecl� States� General� Land Office. _ . . ' _. _ :c . ... .. . .. . ,. � ... _ .. . . . . . � Subd.� 12. • Municipality: "Municipality�':� means: a: home:rule�:gharter� or.:statutory"city. Subd. 13. Natural watercourse: '"Natiiral watercour5e" �means- a natural channel that has . definable beds and..banks capable of; conducting-; confined runoff : from , adjacent land. Subd. 13a. Once-through spstem: °"Once=ttirough �systein"�'means a� space� tieating, ventilating, air: conditioning (HVAC),: or.. refrigeration system .used. for ,any, type of� tempera- ture.or humidity,control application,,utilizing�groundwater„that cu�culates through the. system and is .then :discharged without reusing it.for, a: higher. priority, purpose: �:�; �,; ;�,` ,.,,; _ Subd: 14. Ordinary.high water leveL•:��"Ordinazyhigh.water level'.'• means:the•boundary of waterbasins,.watercourses, public, waters, and wetlands,,and:,�, ,,;;,:s:_�': : ,:_ ,: ,(1) the.ordinary �high water level is an elevation.delineating _the; highest:water.level.that has been maintained -�for- a sufficient, period :of;., time �. to � leave evidence<• upon; , the: landscape, commonly the point where the natural vegetation changes from piedominantly . aquatic to predominantly terrestrial; � .. . . . .. . - .'r,,J:: ::�::;'• .a�' :i`::�t''::`:';:::{: ¢ 1::..., (2) for watercourses, the ordinary high water level is the elevation of the top of �the bank of the channel;::andr �7'.�� , . - _,. ;e ;� ..::�•ru��::= ._ .,,._.:;r::: � ��. � ......N h.. � . .� . '. ... :f. �� ' (3) for reserioirs and flowages the �ordinary high water level is the ope'rating ,elevation . of the normal summer pool. . ,' ' "" " ' ' �� Subd. 14a. Political �'subdivision. '"Political subdivision"` means��a'county; city,-'town, - school district,,or other•local government jurisdiction to which the;state prov,ides,state�aids-or on which the state imPoses state mandates. '� ':� :Subd:� 15...�.Public.�waters. „(a).�;Public.waters".means� - .,, �,_•; .. , ,�,,; .? ,J. + .. � 3&5- . ti�� . � j.� �� 3;. . - � G..�-' :�. �+ 9r { � c �. ��i: � � �: �" -' ! �:� y.: � . ±: t '�� ;:: : - . . �_, _ .. . .. . . . � � �103G.005 � . . : . . .. WATERS� UF THE�xSTA � �'-(1) waterbasins'assigried a'`shoreland managemen�� c7as'sification bythe�commi'ssioner� tin8er' � sections 103F201 to �103F221�;'exeept wetlands' less than 80 ae=es'iii`size't.tiat� are �las'sifieii� a� natural erivironmen£ lakes;� 3.;:�'; isi: ';io::;;�">rT.cin� ;J r,.l �n�iw r��iiflli+.�l.:;', :O ;l'.ih29 G:ti ;6(I t'' . . " "t` '. , r � � .., ;; , .?'°�" ,. . s.r1'� 3 � riri{li L � � .'•4Ty'; J':i{ iu "� . ?`f �� `:: ^ n� -� ,.(2), waters_of the state that have been finally, cletermined to tie public waters or navigable � waters by a court of competent'jll21�(�1Ct1011�1:�r ya r�'v;i�'iD dt aitYa;S.I)i62;�$3�.i�k�i 4-,�y,.i7t�dt� -'� � i .� :. 11 ,.a'�� . i ...':::.�.�.__ ih_...�.�. _.. ; � A.:.J ..�_) ('. � 7" �a. � �L!� J {AFG.J�IN Ft L4�Jt3a� y'� �'''�(3) mearide'reii lakes; excluding lakes that have been;legally_clrained;,�,,�;�r,i:�. t,,,;,�mrch� ?�- (4) a waterbasins :previously�designated� by �the�_cominissioner' for 7rianagement'�for? a.specific•u purpose such as trout lakes and game lakestpursuant to applicable:�law's;•:.�:c: _l� r;:-, �? ?s+.s�r ; '(5) watertiasins'designated as scientific and natural �areas under section�84.033, "s�'�� -� - ,,.:-..�,; ; , . :•:, :--. ^ j_. -_ . vr, '(6) waterbasins Iocated within and, totally surroundecl by pukilicly owned lands, (7) waterbasins where the state of Minnesota or:the federal government holds.title to'any, of the beds or shores, unless the owner declare,s that the ,water zs., not necessary. for. the purPoses of the public ownership; : . `. - _ .. . . .. . • . . :° � ..: .,. ::.� .,:: . .... ., ._:,:,,. .,..,::..-, , ,•.�..:..;,.:.:,;-��:. � :• ;..,o.;� (8) waterbasins'where�Eheie is a publicly'owned�and�coritrolled access tliat is intended to provide for � public acce�s �'to the waterbasin; '� � - � - - � � � =} � -• • � - ; ; .r,; , (9) natural and altered watercourses with a�total drainage�.area greater'than two square, miles; . _ . a _,; , . . , . . ... ... _ . .. ... . . �,=: ;.<;�,. _ (10) natural and altered watercourses designated �by the commissioner. as �t'rout: streams;� and . . . ., _. _.. � . .. ,_. . .. . .... •. .. � ,__ �,:;�: ., , . ;,:��'? (11) public waters wetlands, unless the statute expressly states otherwise. ...... ... ..... e (b) Public waters are not deteizniried exclusively by the proprietotship°of the underlying, overlying, or surrounding land or by whether it, is a body . or stream _, of water+ that was navigable in fact or susceptible of being used as a highway for commerce at tlie time this state� was admitted to the union.: .... . Subd. 16. Waterbasin. •"Waterbasin"-mea,ns an � enclosed natural depression .with •defina-? ble banks; capable of containing water, that may. be,partly. filled: with waters of the state and is .discernible on aerial photographs - , -. ,. � � __ � -. : ; .., ... : • : . . . .., <_ .. • :.. _::,_�,1.. �, Subd. 17. Waters of the state. "Waters , of the state" means surface � or undergroand� ;. waters, except surface waters that.are not confined but are spread and.diffused over.the.land. � Waters of the state includes boundary. and inland.waters. , _ _' : .. . .. ., �� .. -- ._.. .. _ __..._. ; Subd. 17a _ Waters6ed. �"Watershed"�means the 81�major watershed units delineated byi the map, "State of Minnesota Watershed Boundaries t-1979" .��.;.: - - __;, ` - Subd. 18. Public waters wetlandsr "Publi� waters wetland's" mean§ �all� tjip:es 3;'4,�` arid 5°. 4' wetlands;'a's'defined in Uniteii States'Fish and Wildlife`Serviee Circular No: 39 FI971'edition?;� _ ;� . : not included within the"defuution of publi'c�waters,�,that°are�ten�or more��acres`'in'�size`ui .� unincorpo'rated areas or 2-1/2 or more� acres in� iricorporated_areas.�:� =ry;s-��^` �._'��.•� , _.. s .. . � �t.:., r. "' Subd. 19. .Wetlands. (a) "WetlarTds" mearis'lands`"transitional betweeri"t'errestrial-��nd� : aquatic systems �where the water talole is usually-at•or near the snrface or tlie land'is -covered � by "shallow water.� -=For purposes �of this' definition, wetlands must have'the follov�ir►►g three� < attribntes: .., ...c.- • . -. . . . __ . ...., � .._. .... � . ... ... ... ...:;:�� :::. _ �..,� ,, �,.:�,c� ,;.: (1) have,a predominance of hydric,soils; ' "" " "' �r, ._ .:..r�.., . ..,.: , : ,, :. - . - -.: �;._ . .: ; . . _ ., ...:. ;,..�,.: ..-• � ;. ... �......::;�_�. � „�•, �., ;• (2) are inundated or saturated by surface � or ground 1 waterl at a frequency,, and . duration > suffiaent to support. a prevalence of hydrophytic vegetation typically, adapted for: life in °� saturated soil conditions; and . _ :. : . : . . - . . � �� : _ ,._. ._.. _ .::� � (3) under normal circumstances support a prevalence of. such vegetation..,�.: t;.� r' '- (b)� Wetlands:=does+ not''include � public� waters��`wetlands`��as� defined �m "°suBdroisiori'�18 � ' Laws 1990, c. 391, art 7, § 2. Amended by Laws 1990, c. b97, § 62, eff. May 4, 1990, Laws 1991, c.� 354, �. ; �� art. 6, §§ 1 to 6; Laws :1991, . e. 354,: art: 10,� §:4; �' Laws � 1994, c. 643,= §`49, 'eff.��May �17;�'1994. ' ,;::: . 386 � . �; j 'ti / � �;'<;,�''�`;'_� t''>�=�;� ��€;2:; �;�., .3�.�,�� f� % <,..:,; ...:.>>.,,, � , , . ....,,...;� ^�, , <�.re�•.Y �ti4*e>i£;�,., SX�R'-.,'•,,;;:i 7 i;tlt t,! � i "°�r ,+<:.,�' .� t;,,;S f;��,.:,,:S,33y,y;ii>: �� 'i#' � S`.�`�'y'$�.,< �:,ts<t''f S� > ��.��£�� #�'`" �`�3,�� f ` s4;`f�+ � � t , .` ,,;.'? >;>st:s�3 ,:•. • .>,., ?;>,.. ;; �.. `�....; �. � �#� ��;�� 'i��i ,��;��}��l��;��;�# ��`E�`—�7 JK�I�S�C � • �� , . .��.C�. , , y ' . . , ........�.....� . ..._........ ,�,�„� ,• :P , �- ry-� � � -� -83�' DEPARTMENT OF ADMIIVISTRATION STATE BUILDING CODE CHAPTERS 1300, 1305, 1310, 1315, 1320, 1330, 1335, 1340, 1355, 1360 AND 1365 Extracted from Minnesota Rules 1985 Including amendments adopted November 21, 1983 and January 7, 1985 a Prepar+ed by THE OFFICE OF REVISpR OF STATUTES Room 3, State Capitol, S� PaW, Minnaota SS 1 SS Distn'bated by STATE REGISTER AND PUBLIC ppCpMEN!'S pIyISION DFpARTMENT OF ADMINLSTRATION 117 Univeisity prenue, St. pad, Miaa�o� SS 1 SS � �, � , _ _ , �4 S� �_,. 2.' S � SY ii: .� S °:•2',j�+.%: :;�2:•i �.$i:+jSpyf2S1, +, 3 tj',j+'.3S : ji =1., ,2 Ij;;�%: x�'�° s�"s � fl�,�>°" 'r � _ < ` w r, .•�;• <+6 ; ��# 2;�2j=+y,. ._ ,t1�SZ�'�• �; , �i;;; ��;�„ ;; t� ., `5 � �.{.ir+ : ��:4 i S � .,.�'� , v:.� <<:.nr..r{�p"^",r';y:;:i;'t.�.�1<i::t. �. .: �: .>•: ,. . Cgp,pTER 1305 DEPARTMENT OF ADMINZSTRATION STATE BUILDING CODE AMENDMENTS TO THE �1NZFORM BQILDING CODE 1305.0100 ADOPTION OF TTHE UNIFORM HOILDING CODE BY REFER�iCE• Chapters 1 to 60 and appendises of the 1982 edition of the IIniform Buildinq Code as pcomulgated by the International Conference of Building Officials, Whittier, �lof°theaState incorporated by reference and hereby �d� �00.1900 and eacept Building Code except as qualified by pa as amended in parts 1305.0200 to 1305.6900. MS s 16B.59 to 16B.73 9 SR 1557 1305.0200 SECTIONS 101, 102. AND 103. IIBC Sections 101. 102, and 103 are deleted in their entirety. MS s 16B.59 to 16B.73 1305.0300 SECTION 104. UBC Section 104(a) is amended by changing the last sentence and adding a sentence to read: See Section 1210 for provisions requirinq installation of smoke detectors in existing Group R, Division 3 or 4 occupancies. Onsafe conditions as defined in 4�,�� Section 203 shall be abated. IIBC Section 104(f) is amended by adding an additional item number 4 as follows: 4. All approvals must be based on the applicant's submission of complete architectural and engineering plans and specifications. C MS s 16B.59 to 16B.73 1305.0400 SECTION 203. OHC Section 203 is amended to read as follows: UBC Section 203. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress. or which constitute a fire hazard, or are otherwise dangerous to hwnan life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage. cr abandonment are, for the purpose of this section, unsafe uses. Parapetendales orrnices, spires, towers, tanks, statuarp, a=deatbe; aPpached to, or part structural members which are suppo Y of a building and which are in deteriorated condition or otherwise unable to sustain the desendalesas Allcunsafes�cified in the code are unsafe buildiendapes are public nuisances and buildings, structures, or aPP 9 must be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in Minnesota Statutes, sections 463.15 to 463.26. 1% � :�1�:1`;2 it��=;�� Y��, 2;S t:;� t•.? f ,� ,,,.,.; :::ii't>#:i� z+w ro- 34yfl ^y�i _�y t� i> 4�� s: 1.',: Z} X { �- { �� rp a tAe E •. t�; <:4s , <;�;� ,��ys#�s ,r'�?3;3; �>. . .2 i' t. f,s.<{,f�•'�;> ?i''? S' � 5 � 2 tSf f � � n�� APPENDIX CHAPTER 33 1994 UIdIFORM BUILDING CODE Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADIIVG is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the tce of a proposed fill slope. PROFESSIONAL INSPECI'ION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relat- ing to the conduct of the work. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlying bedroc(c. SOILS ENGINEER (GEOTECHMCAL ENGINEER) is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engin�ring. SOILS ENGINEERING (GEOTECHIVICAL ENGINEERING) is the application of the principles of soils m�hanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construcdon ther�f. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance pur�s, SECTION 3309 — GRADING PERMR REQUIREMENTS 3309.1 Permits Required. Except as exempted in Section 3306 of this code, no person shall do �Y S�d�g Without first obtaining a grading permit from the building official. A separate �rmit shall be obtained for each site, and may cover both excavations and fills. 3309.2 Applicatioa The provisions of Section 106.3.1 are applicable to grading and in addition the applicarion shall state the estimated quantities of work involved. 33093 Grading Designation. Gzading in excess of 5,000 cubic yazds (3825 m3) shall be per- farmed in accordance with the approved grading plan prepared by a civil engineer, and shall be des- ignated as "engineered grading." Grading inyolving less than 5,000 cubic yazds (3825 m3) shall be designated "regulaz grading" unless the permittee chooses to have the grading performed as engine- ered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. 3309.4 Engineered Grading Requirements. Application for a grading permit shall be accompa- nied by two sets of plans and specificatfons, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specificarions when required by the building official. Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the naUu�e and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner and the person by whom they were prepared. The plans shall include the following information: 1-510 � � <i <, K< � , . . �tfi �. � ` }s >� �;'�i; ,sy t <:: �t�;��`� � <� q �r��>� ;� ; < <. ��' 4__ Q` ��>t� � ::S<::�=��ti��y . !f�,, •.:i�, ..t.,,?>�. .... . . . . . ::; •.: <;,:;;;:,,,;•.;,;;,: •: <>�;�::; • a « Y,��r�� '� ��.;-5">x"� r,11 4,p Y^ ��..5`,�y;:� ��.;:;:.>�.j�t`t£f :44�'':3`f,,:;. ' F �.S 3 .� ;� � , � � ,<#�� `.� f.}, $,�� : , �• ,,>,.;,..:..... . .,.,....; ,..:,. > to support structures, which dces not exceed 50 cubic yards (38.3 m3) on any one lot and dces not obstruct a drainage course. Exemption from the permit requirements of this chapter shall not be deemed to grant authoriza- tion for any work to be done in any manner in violation of the pmvisions of this chapter or any other laws or ordinances of this jurisdiction. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public 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 said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or elimi- nate such exca�ation or embanlanent so as to eliminate the hazard and be in conformance with the requirements of this code. For the purposes of this appendix the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mesn the proposed work or completed work conforms to tlus chapter in the opinion of the building official. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. . BENCH is a relatively level s,tep excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site l�ation for use in grading on a site. CIVIL ENGINEER is a professionat engineer registered in the state to practice in the field of civil works. CIVIL ENGINEERING is the applicarion of the knowledge of the forces of nature, principles of inechanics and the properties of materials to the evaluation, design and construction of civil WOI'ICS. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any r�k, natural soil or fill or any combination thereof. ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology. ENGINEERING GEOLOGY is the application of geologic know(edge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface as a result of the movement of wind, K•ater or ice. GEOTECH1vICAL ENGINEER See "soils engineer." GRADE is the vertical l�on of the ground surface. E�sting Grade is the grade prior to grading. Finish Grade is the final grade of the site which conforms to the approved plan. , I: .w�.•s •,�FN. # s t:�S=;;?•7t:�'� : '•' �2::•= S.•,S''i ::Y;:. . .� ' �`t 33f?;. , > a '.3i< � .<.> ?< . .;i?i d+.' � Y.�a{ aC y: > e i i Fj .��:"�P > i.� r � ri;. t :?sit`' ?'%s �?�;`;�;# F``�2s3;�•5s>; >'s;`3�`>3 ':,, ; �< <�� t , ; ,-., � , . f s 2f��,�� ` 3 � �. '.;•S; . n APPENDIX CHAPTER 33 1994 UNIFORM BUILDING CODE Appendix Chapter 33 EXCAVATION AND GRADING SECTION 3304 — PURPOSE The purpose of this appendix is to safeguard life, limb, property and the public welfaze by regulating grading on private property SECTION 3305 — SCOPE Tliis ap�ndix sets forth rules and regulations to control excavation, grading and earthwork con- struction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading consuuction. The standards listed below are recognized staz►aaTds and as such are not adopted as part of this c�e (see Sections 3502 and 3503). ' 1. Testing 1.1 ASTM D 1557, MoisWre-density Relations of Soils and Soil Aggregate Mixtures ,;. 1,2 ASTM D 1556, In Place Density of Soils by the Sand-Cone Method 1.3 ASTM D 2167, In Place Density of Soils by the Rubber-Balloon Method �. 1.4 ASTM D 2937, In Place Density of Soils by the Drive-Cylinder Method � 1.5 ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods SECTION 3306 — PERMITS RE(�UIRED 3305.1 Permits Required. ExcePt as sp�ified in Section 3306.2 of this section, no person shall do any grading without first having obtained a grading permit from the building official. 3306.2 Exempted �Vork. A grading permit is not required for the following: 1. When approved by the building official, grading u► an isolated, self-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retainin8 wall or other structure authorized by a valid building permit• This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure. a 3. Cemetery graves. 4. Refuse disposal sites contralled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quazrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral sup- port or increase the stresses in or pressure upon�any adjacent or contiguous properly. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (1) is less than 2 feet (610 mm) in depth, or (2) which d�s not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1�/Z units hori- zontal (66.7% slope). 9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal(20% slope), or less than 3 feet (914 mm) in depth, not intended 1-508 ,�� ' � 1� ��:;,� �� 1 < i , � �� g } p,;,...; f £ �F,£ � � ;, , ,,,�� •� •.•:• ,>.,;.•.. . ,..., .. . ,..... �<.<•, � 1 i �, �;' } � � �Fi {;�� :' _'�#�,;. ,,,s, `�._ `{. �.. s � � �.' ��.. �,,. �,. CHAPTER 1305 DEPART�P OF ADMILQIS'PRA'1'ION ' MIPNFSO'PA STATE BOILDING CADE AN�TS �O TSS IINIFORLY! BIIILDII�G QODE 1305.0010 ADOPTION OF ONIFORM B[JILDING CODE HY REFERENCE. 1305.0020 APPENDI% CHAPTERS, 1305.0102 SECTION 102, UNSAFE BIIILDINGS OR 9TAIICTUREB. 1305.0103 SECTION 103, VI07.ATION3. 1305.0105 SECTION 105, HOARD OF APPEALS. 1305.0106 SF.CTZON 106. PERMIT3. 1305.0107 SECTION 107, PLAN RE1/IEW EEES. 1305.0108 SF.CTION 108, AFqUIRID IN3PECTION3. 1305.0109 SF.CTION 109, CERTIFICATE OF OCCUPANCY. 1305.0301 TAHLE 3-A, DESCRIPTION OF OCCUPANCIES BY GROUP AND DIVISION. 1305.0308 SECTION 308, QtOIIP I OCCUPANCIES. 1305.0405 SF.CTION 405. STAGES AND PLATFORM3. 1305.0904 TABLE NO. 9-A•. 1305.1004 SF.CTION 1004.5 SPECIAL EGRESS CONTROL DEVICEB. 1305.1009 3ECTION 1009 STAIRWAY, AAAt+ID, A� ESCALATOA ENCLOSURE3. 1305.1019 SFxTION 1019.6 FiARDWARE, (�10DP 2 OCCOPANCIES. 1305.1101 CHAPTER 11, ACCESSIBILITY. 1305.1202 SF.CTION 1202, VF�ITILATION. 1305.1506 SECTION 1506. AOOF DRAINAGE. 1305.1614 SECTION 1614, wIIID DESIGN DEFINITIONS. 1305.1616 SECTION 1616, HASIC WIND SP�. 1305.1623 SECTZON 1623, OCCUPANCY CATE�OAIES. 1305.1704 SECTION 1704, PREFABRICATED CONSTRIICTION. 1305.1907 SEL'TION 1907, CORAOSI9E ENVIROL�IT3. 1305.1918 3FxTI0N 1918, PRESTRESSID CONCRETE. 1305.1928 TABLE 19-A-8 CORROSION PREVENTIVE COATING. 1305.2109 SECTION 2109, F�IRICAL DESIGIQ OF MASOHIiY. 1305.2326 SECTION 2326, BLOCRING. 1305.3001 CHAPTIIt 30• ELEVATORS� DUMSWAITERS� ESCALATOAS� AND �ovnvc wa�cs. 1305.4313 APPENDIX CHAPTER 3, DIVISION I- DETENTION AND CORRECTIONAL FACILITIES. 1305.4332 APPEI�IDI% CFIAPTER 3, DIVISION III, ONE- AND TWO-FAMILY DWELLING CODE ADOPTID. 1305.4429 APPENDIX CEiAPTER 29, MINIMUM PLi1NIDING FI7CTUAES. C�IFPER 60, STA�ID11ItDS 1305.7000 VALIDITY CLAOSE. 1305.7100 SPECIAL PROVISION8 FOR Ti�: CITY OF ROCHESTER. 1305.0010 ADOPTION OF IIBTIFORM BIIILDING CODE BY REFERII�iCE. Chapters 1 to 35 and appendixes of the 1994 edition of the Uniform Building Code as promulqated by the International Conference of Building Officials, Whittier, California, are �`, incorporated by reference and made part of the Minnesota State 108 y".t�. '�i.", �t�i�i ��;�t ��ktK: � -;�?' i �P $�;�" �#��p. .. . ,�t�; �` iG � c.;; t.�; ti t q. � � � a:; � � ... , ._ . ..tjriii-;.;t'Ft��:7+ t '�i%fg?aj#�{a di � �( ��P�kit+�, �•i ,. : i;!,��'f,�� ^i i�' ,��, .;�,,� ;:�,,; ".;_'9 ' `'' ;=� } f �A roi'.��4 r � i'S t ' r " t{ ,; �� r,�,, ,� 'I �f. Building Code except as qualified by the applicable provisions in chapters 1300 and 1365, part 1305.0020, and as amended in this chapter. The Uniform Building Code is not subject to frequent change and a copy of the Uniform Building Code, with amendments for use in Minnesota, is available in the office oF the commissioner of administration. �: MS s 16B.61 �IS'P: 19 SR 1340 NO�PBs Tdis part is effective March 19, 1995. 1305.0020 APpENDI% �g. Subpart 1. Required. Uniform Building Code Appendix Chapters 3, Division I; 12, Division II; and 29 must be administered by any municipality which has adopted the code. Subp. Z, pption�l. � Appendix Chapters 3, Division III; 15; 19; 31, Division II; and 33 are not mandatory but may be adopted without change at the discretion of any municipality which has adopted the code, except UBC Appendix Chapter 33 may be adopted with a revised fee schedule and bonding requirements. SA: MS s 16B.61 HIS'1': 19 SR 1340 2�DTBa This part is effective March 19, 1995. 1305.0100 [Repealed, 19 SR 1340] �DTSs This repealer is effective March 19. 1995. 1305.0102 SF�CTIpg 102, UNgAF� gp��IN�S ��II�- UBC Section 102 is amended by amending the last paragraph to read as follows: All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures in Minnesota Statutes, sections 463.15 to 463.26. SAr NLS s 16B.61 HIS'1'% 19 SR 1340 �DTSS This pazt is effective March 19, 1995. 1305.0103 SECTZpN 103, VIOLATIONS. L7BC Section 103 is amended by adding a sentence to read as follows: A violation of a provision of this code is a misdemeanor (Minnesota Statutes, section 16B.69). �: MS s 16B.61 HIST: 19 SR 1340 1�T8: This part is effective March 19, 1995. 1305.0105 SECTIpN 105, BpARD pg Appg�s. UBC Section 105.1 is amended by amending the last senten to read as follows: The board shall adopt rules of procedures for conducting , I ;�t t �� .�1 � _ ;y�,1 � -. �� i•j i iz2.. ti2 S � y. ; .� ; ;� ..t,;;,;,; ,:.>:;,,,�.� . , ; s ;,{�;;r,�;;�;;�� # ';�f;$£�; `'%%; ��5, �,��€,�.: ,: $`s}�i F<,��. ��t ��i#3;: ,< �.�,a ._ g „� :::sta `=syz"�� .�<,�,; ,s• r .. �,>.,3; S �.�'i _'�lf:. 3�a' y;`: :s s` �S €;�� :,��i. ros.s.�� Q.a T�e SPecial insp�tors agent �f �e °k'ner, but no[a116e emP�oYed 6 19� V NIFpqM BVILDpy� COD ind�hen structural obse �e �O°�actor ory �°�'°er, tha en E iduals or f �'a�on is �Y other b'�neer or tion at whic �S �'ho aze to re9uit y S ��on resPonsibl fo �t�� °f record, or � b ec[io 'I'he insPect o ctur,� obseryaU n°.� structur� obse 702, the inspectio �e k'ork an su6mis er� of reponsgram shall inc/ude s� pl� of 1 rvation and descr��Phe S�ge �l� ame the `v:.�,; 106.q p 106.4.1 � mits Issuance. nsP�Ction re ons��_ p�� d Provide time lirnits for aPPlic�t fo�nce. TheaPP1ication, pl other de a Pennit sh�� risdictiopa�men� afthis '��vie�y� b' sPecifications, co n Ifthe �u�tisdictio Y�e buildin mPatations P�ans, 6uilding o�ci n to verify com g°N cial. Such p�� other data filed 6 other SPecificatio � fin� Peninent la ns �d °ther � ihe k, Pliance � build' ��a filed maY 6e rev1eyji Y� g o$cial s S therew��bed '�y apPlicable la �16 � hall a ue ��s' ws under When the b a permit therefot �e �� f r the requiietion fora perinit�e��u endorse � uilding o�ci to ed in ments op �d �e SPecificariowriting or S� � issues the p�rmit �e �PGc�� Section 107 have �s �ode �d °�cia], and Sh�1 not P�he pl whe 6een Paid, all work re � chaag�, moa►i 5�� doryc�s aze re9uired �e �e The buildi �la�d b fi� or '�PRp buildip fore �e e °g �$cial ma Y this code Sh �tered ��oUt VED. Such a g o�cia] sha(! aPProv ntue P�� and S Y issue a pennit f �� dOne � acc lu�O°zations ho V� Pl�s �d all � Plov�ded Pecificatio °i'rhe �� dance �,i m�e build' ance tj at �ere9uirern� o e'nf�rma�tion de �'hole b� �°° °fAart o fa bu ,1 athe aPProve� �g P1ans, 1� . Perinit for �e � code. �e ho de�� s� en�ts � e�e have 6e n Sp6 �ture be- re 4 2 Re�ation enure buildin . of a Parti �en filed �a mitte� or �� 6Y the build' f p� �ne.ser g�r Stn►cture �� Permit sha]I r� wmp1Y�n PP1 cat�t ere� thete� g of{cia] for a of appr�'�ci p�ns be S�nted, P oc thout �S� and s and one �t o�nioQi of not less , sPecifi�oas work aurho�� d set sha(� � kept on aPProved pl �an 90 days fro �d COmP��cio 106 q,3 • thereby y� � the site of � and. S m date of co ns Sha1t !� �, rior� Validity o f Progress. �e buildir�g�W �ations Shall (� er�letion of , an �d Prov� io rl permik Th� S org� . ork at � times during k,�� the Y of the �s shall not �°� r hall �thoriry to vioS ofthis code orof ��ed t° be �g of a pem�it or h the not be valid. � orcaacel tbe p�� oeror.din�� fthe �r� PP ova! of pl�s' SPecifica- The issu��e o �s of tlus c ��dictio , '�Y vio �g ��cia] from rher��nit bas� o� 1 ode or other ordin n Pe�its presu�tion of �, °r fro �after r P�ns, s ances of the j��sdi q�n code or o f m Preventing 6uild ��g �e co � onations �d o�er 106 , �y °�er ordinances op Peratiorys 6� ofenors � S�d°�ta sha(I nor l ( shall eX Expiration. g�e this ju�sdict� n �� on chere p1�S' Specifica �o °t the build_ pu'e b �nder H,he ns and other irutisnorco yl�rnitarion dpe�itissued6 n in violatio mmenced wi �come null Y the 6uild' °�f this � d Y such pe�t �S �m 180 �d y. �S o�cia1 do So� of 180 �ys. Be f o uspende� or a b m�e � of S U � building o�, o k aut �vlsions o ft}iis code urc videal no Ch� eherefor shall e o � � recor�enY ti�me � t��e the build g o wY such per- ( h work; andproV,dhave �n °e half the �d� a neW, work is ca orkaut 6o_ \._ order to renek. made or will �$mount r pennit shall mmenced for a action on fut�er �at suc made •��'� for a nety ��st obtained to `�yPennitt a Permit h suspension or b the onguky pl�s P�nnit for such N, � h �$er ex �°rk may commence unde �°nexPired��i�tion, the pem�ilne�enth� notexa�e i��atio�s for —6 thatperynitwhen mayaPPlYfor u hall pay a new fulld�ney� In the pertnittee is pable�ion of the te We pemtit pe h to cornmenc �'ithin whic � ork w�thin the � � , � '�ii_:>>; E �fl _ -i ^i ry • Y .�I SI2�:��'ii$ ., ' " 9 �. �� t,�,, t ,N=��I��i��l�l�[ilri � °.� .�� , �.S � � � �� . � r� �.�r 33,� ��, �_ } �.r�,� fy�St,i;; �:.. 4 '..; , :.,� .w� t)'. r"k�' _ ::�:6 ��_ ��t ay,' � R �.' 1994 UNIFORM BUILDING CODE 106.3.1-106.3.5 �;:,, 7. Give such other data and information as may be required by the building official. 1063.2 Submittal documents. Plans, specifications, engineering calculations, diagrams, soil in- vestigation reports, special inspection and structurdl observadon programs and other data shall con- stitute the submittai documents and shall be submitted in one or more sets with each application for a permi� When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not re- � quire that the plans be prepared by a licensed architect or engineer. The building official may re- quue plans, computations and specifications to 1� prepazed and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. EXCEPTION: The building official may waive the submission of plans, caiculadons, construction inspec- tion requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is nat necessary to obtain compliance with this code. 106.33 Information on plans and specific�tions. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies sha(1 indicate how require�d structural and fire-resistive integrity will be maintained where penetrations will be made for eleclrical, m�hanical, plumbing and communication conduits, pipes and similar systems. � ; 1063.4 Architect or engineer of record 1063.4.1 General. When it is required that documents be prepazed by an architect or engineer, � the building official may require the owner to engage and designate on the building permit applica- tion an architect or engineer who shall act as the architect or engineer of record if the circumstances require, the owner may designate a substitute acclutect or engineer of record who shall perform all of the duties required of the original azchit�t or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to con- tinue to �rform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all sub- mittal documents prepazed by others, including deferred submittal items, for compatibility with the design of the building. ' � 1063.4.2 Deferred submittals. For the purposes of this section, deferred submittals aze defined as those portions of the design which are not submitted at the dme of the applicarion and which are to be submitted to the building official within a specified period. Deferral of any submittal items shall have prior approval of the building official. The azchitect or engineer of record shall list the deferred submittais on the plans and shall submit the deferred sub- mittal d�uments for review by the building official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittai documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be in- stalled until their design and submittal documents have t�en approved by the building o�cial. 10635 Iospection and observation program, When special inspection is required by Section 1701, the azchitect or engineer of record shall prepare an inspection program which shall be sub- mitted to the building official for approval prior to issuance of the building permif. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who aze to perForm the special inspections, and indicate the duties of the special ins�ctors. � '�i� . �� 4' � �"e .2't: 1-5 i�,f;.;,r:� t+.:;f ti. 1 �;i, ;i• ; x '•i•1ai f;:.3:2�£��f:w;:%.r%:;;;:;:j?:� ; a gy° !'�t`�Y�-'�.?5�3 fi fs3d "'i�f - '�i i :is2 `�x;,6 t � 5�.. ;`,�ca ;�•, 2,}?�r`3<}>�`{E' ;i�>�>;ti,.,,s;,i;'<•r 4': � � � a ��;� ;ri's ' r'' `'' > �#,:,s :> ,,,..,;.,,;3;?,?,�.,,: time re�uired by this section for good and satisfactory reasons. The building official may extend the time for acdon by the permittee for a period not exceeding 180 days on written request by the per- mittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 105.45 Suspension or revocation. The building official may, in writing, susgend or revoke a�r- mit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provi- sions of this code. 107.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. 107.2 Permit Fees. The f� for each permit shall be as set forth in Table 1-A. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan re- view 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-extin- guishing systems and any other permanent equipmen� 107.3 Plan Review Fe�. When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A. The plan review f�s specified in this subse�tion are separate fees from the permit fees specified in Secdon 107.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate shown in Table 1-A. 107.4 F�piration of Plan Review Applicarions 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 build- ing official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have pre- vented action from being takea No application shall be extended more than once. In order to renew action on an applicarion after expiration, the applicant shall resubmit plans and pay a new plan re- view fee. 1075.1 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 per- mit may be issued for such work. 1075.2 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 per- mit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Table 1-A. The payment of such investigation fee shall not exempt any person from com- pliance with all other provisions of this code nor from any penalty prescribed by law. 107.6 Fee Refunds. The building official may authorize refunding of any fee paid hereunder which was enoneously paid or collected. T'he building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 107.fi-1pg,5.2 1994 UNIFORM BUILDING CODE ,,. ,. The building offi�� may authorize refunding of not more than gp paid when an application for a perm�t for which a plan review fee has rb�n �f �e Pian �°�e�' fee ;,;� .� canceled before an paid is withdrawn or � Y plan reviewing is done. The building o�cial shall not authorize refunding af any g� Paid except on written a licati filed. by the origin�( Permittee not later than 180 da s PP on Y after the date of fee payment. S •:,. ,j, ;., .;;; ,;; ;;. � t j ,.�. .;: .s ;i �,7=�. ��r�i� •�2�'�'.'i�ij �.� �.=�Zb�'� . " ,,`i';rl,r` �£,`+,,�€'�'#f>;;{' � ,�l�#%s � , , ; > 3{Sisfff f { i f k �i£ . , �t�,. < . ��iit, �>� ' ��. �, �•;°F ;>7�^x7P{+'.;';-`•,f �i`%'.,^��isz: 3 .�`; {tt^. is t - i;? r:;.e` �$' ECTION 108 — INSPECTIONS 1�•1 Generai, All consuuction or work for which a tion by the building official and al1 such construction or work sha11 remain accessible and ex S� permit is required shall be subject to inspec_ for inspection purposes until approved by the building official. In addition, certain s.truction sha11 have continuous ins p° pection as specified in Sect�on 1701.5. �S of con- Approval as a result of an inspection shall not 1� cons�ue� to �� approval of a violation of the provisions of this code or of other ordinances of the jurisdl�qon. Ins �ority to violate or cancel the provisions of this �o� or of other ordinances of the jurisdiction shall not be valid. P�tions presuming to give au- It shall be the duty of the �nspection purpo�s, Neither�the bu Iding officiai rtor t�j�eWOrk to remain accessible and exposed for �I� �n tha removal or replacement of ac> >°ns��tron shall be liable for ex A survey of the lot ma (� Y matenal requued to allow ins P�nse en- y�1°ued by the building official to ve ' �tion. accordance with the approved plans. nfy that the structure is located in . 108.2 InsPection Record Card. Work holder or an agent of the ��g a��t sha11 not be cocn�en� �� e r�cord card such as to ailow the building officiai to conveniend make the r ��t P°S� °r °therwise made available an inspectian regazding insp��on of the work. This card shall be main y �l�ed entries thereon final approval has been gr�t� by �e building a��l�, �� a°��le by the permit holder until 1�� nspection Requ�. It shall be the duty of the mit to notify the building o��l� �t such work is read�� °�g �e �'"O� authorized b a require that every request for ins P�hon. The building offic ai rr�ay desired: Such request ma ��tion be filed at least one working day �fore such inspecdon is Y writing or by telephone at the option of the building official. It shall be th� o o��aon of su h o� Y��ons required by th�s code to provide ac- cess to and m 1 Q 8, 4 Approval Required Work shall not be done beyond the . �nsPection without first obtaining the approval of the building offic'al. 'The bu Iding � i� usivn notification, shall make the requested inspections and shall either indicate that struction is satisfactory as completed, or shall noti �e � holder wherein the same fails to comply with this c�, q��it holder or an agent af �e e con- corrected and such portion shall not be covered or con�� rtril authonzed by e build'ing o� t cial. There shall tre a fina► i��tion and approvai of all buildings and structures when compieted and ready for occupancy and use. 108.5 Required Inspections. 1085.1 General. Reinforcing steel or structura( �er,�,o� of an ture shall not be covered or concealed �,lthout first obtainin 3' P� af any building or struc- 1'he building official, upon notification, shall make the insg �e �PP�V� of the building official. sections. I��ans set forth in the following sub- 1085.2 Foundation inspection. To be made after excavations for footings are compiete and an reciuued reinforcing steel is in p�ace. For concrete foundations, any required forms shall be in piace 1-8 , ,� . � � �� '�� f� t � ��# � ,, s . � � .. . < . ,��, �� s� ; � 3��,s� ##��'#, `s �� ,•.�� t3f.., , „ �#�.t��'�� > � � s >> > '��>,., ��:,.. , # ; . . . . ,, . :,. , , �. . . . , . . ,: . . .,. � r:., , ,; .< . . .,,, :, , :::.;. . .. ,.,.. ,. <... �. ;: I� �'� it�� i�fi,... ,� �i+� :�� i� 'F't E ;,; .;;;, �: ' � ��: I�#h�; �i �i ' �}� � ; ; ., `�,�, � i�,. +; �. n .t;t §3 i �i; ?;f `iji ' � �� `f ' , �'' � ��th�.{��I��'r��; �' �; r ! ., , ,f � {+:ti��; El i;�,a�.',, :;. ;, i� t�at � . r,`, 1' � �' , , �;� �{il t�:: .':� � a,� :� �.: ` c�� #k :;� t � �f� i;� {Yf ' t .l>C�ji�� I��F��$M�`',�}�+ � . y �' ��}� `P?�t'f�l,�'.�+' ..�� i`' �� , t<�' .' �` i;;, ��- � :t n ��: �� C {Yi;iti': �;;': �, �;. � }�y�� . 1994 UNIFORIIA BUILDING CODE APPENDIX CHAPTER 33 3. A report preparted by the engineering geologist retained to provide such services in accor- ed dance with Section 3317.5, including a final description of the geology of the site and any new in- formation disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engi- neering geologist report and applicable provisions of this chapter. 4. The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plan and the specifications. 33i8.2 Notification of. Completion. The permittee shall nodfy the building official when the grading operation is ready for final insp�rion. Final approval shall not be given until all work, in- cluding installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. H/2 but 2' (610 mm) min. and 20' (6096 mm) max. Cut or Fill � Slope PA' Toe � Slope ' H � NaWral or Flnish Grdde 'Permft Area Boundary FlGURE A-33-1 PA' Top of i 1 ' Natural or Flnish Grade 1 W5 but 2' (610 mm) min. and 70' (3048 mm) max. 1-517 APPENDIX CHAPTEH 33 1994 UNIFORM BUILDING CODE required compaction. The soils engineer shall provide sufficient observation during the preparation �`'� �- - of the naeural groand and placement and compaction of the fill to verify that such woric is being (~ performed in accordance with the conditions of the approved plan and the appropriate requirements �`- of this chapter. Revised recommendations relating to condidons differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building offi- cial and the civil engineer. ::;:;i'I�:;;�': �:� i'�•:i<;xs;i..z••:;� � .:;,�,;;. �� r Y?�i Z Y(�°n�Y�{ F�'b3,.�q�; .; 1-v :.;� 4> � �':.�!#a¢ .� :, ,rt �S33s�� F�,> f{<�f �{�� 3�n2? ,t >y` �: s. , .,,.<r...•?•.��€��, •.,€� � ,,.,,, 3317.4 Engineering Geo�ogist, 'I7�e engineering geologist shall provide professional inspection within such engineer's azea of technicai specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the ap- proved report. Revised recommendations relating to conditions differing from the approved engi- neering geology report shall be submitted to the soils engineer. 3317.5 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the build- ing official. In the event of changed conditions, the pemuttee shall be respansible for informing the building official of such change and shall provide revised plans for approval. 3317.6 Building Otiicial. The building official shall inspect the project at the various stages of work requiring approval to deteimine that adequate control is being exercised by the professional consultants. 3317.7 Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer or the engineering geologist fmds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the'�rmittee and to the building official. 3317.8 1i�ansfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has a$reed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading. SECTION 3318 — COMPLETION OF WORK 3318.1 Finai Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. 1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 3317.5 showing original ground surface elevations, as-graded ground sur- face elevations, lot drainage pattems, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains, qs-constructed locarions, elevations and details of subsur- face drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the t�st of their knowledge the work within their azea of respon- sibility was done in accordance with the final a roved PP ��ng Plan. 2. A report prepazed by the soils engineer retained to provide such services in accordance with Section 3317.3, including locations and elevations of field density tests, summaries of field and lab- oratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation repoR. Soils engineers shall submit a statement that, to the best of their knowledge, the work wit}iin their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. 1-516 „.;. i� �< �:5::1 � i t s�3s� i �`Sz < � 0 � 1994 UNIFORM BUILDING CODE APPENDIX CHAPTER 33 I :i:;i; :' :;s�y? ��i�?��i• � ;;i ?2s •�� r,:•::itj . `yv 4 4 - . S�k/''a,Y .. c� r ?'s � � ?, ,,; ,. .> . ;��t ?xb�4,: ? -r4• '�rs: � {��£ Y� f, $�F < <S` ff f > ;�#�ifi� ;s;>��.��£F�, , �� >. >,. C s�*;; � .; . �,F C,. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must l� paved with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equa( paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1524 mm). A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1254.2 mz) (projected) without discharging into a down drain. 3315.3 Subsurface Drainage. Cut and fill slo�s shall be provided with subsurface drainage as necessary for stability. 3315.4 Disposai. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way 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 installation of nonerosive downdrains or other devices. Building pads shall have a drainage gradient of 2 percent towazd approved drainage facilities, unless waived by the building official. EXCEPTION: The gcadient &om the building pad may be 1 percent if all of the following conditions exist tivoughout the permit area: 1. No proposed fills are greater than 10 feet (3048 mm) in maximum depth. 2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet (3048 mm). 3. No ezisting slope faces, which have a slope face steeper than 1 unit vertical in 10 units horizontal (10% slope), have a vertical height in excess of 10 feet (3048 mm). 33155 Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet (12 192 mm) measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches (76 mm) of concrete or gunite and reinforced. T`hey shall have a minimum depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured horizontally across the drain. T'he slope of drain shall be approved by the building official. SECTION 3316 — EROSION CONTROL 3316.1 Slopes. The faces of cut and fill slopes shall be prepazed and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be in- stalled as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. 3316.2 Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods sha11 be employed to control erosion and provide safety. SECTION 3317 — GRADING INSPECTION 3317.1 General. Grading operations for which a permit is required shall be subject to inspection ��by the building official. Professional insp�ccrion of grading operations shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accor- �'•• dance with Section 3317.5 for engineered grading and as required by the building official for regu- lar grading. 3317.2 Civil Engineer. The civil engineer shall provide professional inspection within such engi- neer's area of technical specialty, which shall consist of observation and review as to the establish- „ ment of line, grade and surface drainage of the development azea If revised plans are required during the course of the work they shall be prepared by the civil engineer. �• ` 33173 Soils Engineer. The soils engineer shall provide professional inspection within such engi- neer's area of tectuucal specialty, which shall include observation during grading and testing for 1-515 > ��2�i}::i�t.:a�i#;; ri i:�� I�sj�3�=;:3i� ._ : .%S "•,3;"�'T czt -�ajt��o �t�: �ry . �,�x,t j z x t s� �' 3�,s + 5 } a } ;�'� 3�f �s�}��is};�;ip's >�;#';`�'�>t � -4• <+��;�}{,�.�rC��{�,��<i�:•,��` . :...: .::::. ..•.,,; ,.,,.,,., . . ,:.. r . _� . APPENDIX CHAPTER 33 1994 UNIFOflM BUILDING CODE EXCEPTION: The building official may pemut placement of larger rock when the soils engineer proper- ly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following canditions 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 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well-graded soil. 3313.4 Compaction. All fills shall be compacted to a minimum of 90 percent of manimum densi- tY• 3313.5 Slope. The slo� of fill surFaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). SECTION 3314 — SETBACKS 3314.1 General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendiculaz to the site boundary. Setback dimensions shall be as shown in Figure A-33-1. 3314.2 Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a mmimum of 2 feet (610 mm) and a maximum of 10 feet (3048 mm). The setback may need to be increased for any required interceptor drains. 33143 Tae of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-site prop- erty is developed, special precautions shall be incor�rated in the work as the building official deems n�essary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: L Addirional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. 3314.4 Morlificallon of Slope I.ocation. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied. SECTION 3315 — DRAINAGE AND TERRACING 3315.1 General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit verti- cal in 3 units horizontal (33.3% slope). 3315.2 Terrace. Terraces at least 6 feet (1829 �mm) in width shall be established at not more than 30-foot (9144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one temace is required, it shall be at midheight For cut or fill slopes greater than 60 feet (18 288 mm) and up to 120 feet (36 576 mm) in vertical height, one tenace at approxi- mately midheight shall be 12 feet (3658 mm) in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet (36 576 mm) in height shall be designed by the civil engineer and ap- proved by the building official. Suitable access shall (� provided to permit proper cleaning and maintenance. 1-514 f .:,; ,5 :�.<: � t�� '` �, I ;� <;; � i� ;:> .;�# i k < '';i:i;; 4c<tff �i}}; 1 > r s ` � : h�� : �`, t,: �. 1 �•>';:�?•.rr.,=t:, 's,�;. s ij.i....�;,, i'`;+ �1ig~'�r�'i�i.#`i= f$ r:7i.�'::i :;,� s ,;:, >, < � tt Y. '�,i� 4;t�sbg'�}�`'.� ry�''` _w�: �.>2 r�r. z. ,';i' :"r-a � � ; > �sr„ �: : � •£3�`s f��; f+;;f{1��:#� �f3 #;'s2�;{i? S'� �';'� .;ftt3�'s;. ; �; s # , < s �, �,�� i� #�,;3 >• ��,: . • : , 3 .<, f >�� . , ��:s. <.;�?; . � 2� � APPENDIX CHAPTER 33 1g94 UNIFORM BUILDING CODE 2. Reinspection fees assessed under provisions of $30 pp p�r hour2 Section 108.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.Q0 per hour2 3. Inspections for which no fee is specifically in icat ........ .. ..... (minimum charge--one-half hour) �The fee for a grading Permrt a�►ih°nz�►g ��tional work to that under a valid pertnit shall be the difference between the fee pa�d for the original pem►it and the fee shown for the eneis �°ls cost shall include supervision, overhead, ZOr the total hourly cost to d�e Juns��on, whichever is the great equipmen4 houdy wages and fringe benefiu of the employees involved. SECTION 3311— BONDS The building official may require bonds in such form and amounts as may and and ° f cations, assure that the work, if not completed in accordanc� �'�'1�► �e approved p P� will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. ��s� C. SECTION 3312 — CUTS or engineer- 3312.1 General. Unless athe�� O�ended in tt►e approved soils engineerinS ing geology report, cuts shall confom► to the provisions of this section• In the absence of an appro�ed s�� en��g �°rt' ��e Provisions may be wai�ed for minor cuts not intended to support structures• r�an is safe for the intended use a�►d 3312.2 Slope. The slope of cut surfaces shall be no steepe shall be no steegei' than 1 unit vertical in 2 units horizontal (50% slope) ��5� �� n fumishes a soils engineerin8 or an engin�rin8 g�logy report, or bath. s�►g investigated and givu►g an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private properlY- SECTION 3313 — FlLLS re �, �lls 3313.1 General. Unless ather�'lse rec°�ended in the aPPro�� soils engineering P° shall conform to the provisions of this sectian. In the absence of an approved soils engineering reP°rt� these provisions may be waived for minor fills not intended to support structures• 3313.2 Preparation of Ground. Fill slopes sha11 not be constructed on natural sl� � r�ive fill 1 u n i t v e rt i c a l i n 2 u n its horizontal (50% slope). 'The Sround surface shall be p P by removing vegetation, noncomplying fi l l, topsoi l a n d o t h e r u n s u i t a b l e m a terials scarifyin8 to provide a bond with the new fill and, where slopes are steeper than l�unc�g � o S�d ��k or tal (20% slope) and the height is greater than 5 feet (1524 mm), by other com�tent material as determined bY the soils engineer. The bench under the toe of a fill on a slope steeper than 1 unit vertical in 5 units h°nzontal (20% slope) shall be at least 10 feet (3048 cnm) wide. The area Ueyond the toe of fill shall be sloped for sheet overtlow or a paved drain shall be provided: When fill is to be placed over a cut, the bench under the toe of fillt �e b the soilse ngit (3p48 mm) wide but the cut shall be made before placing the fill and accep Y neer or engineering geologist or both as a suitable foundation for fill. 3313.3 Fi�l Material. Detrimental amounts of organic material shall not be permitted in fills. Ex- cept as parmitted bY the building official, no rock or sunilar ureducible material with a maximum dimension greater than 12 inches (305 mm) shall he buried or placed in fills. 1-513 > ;�y;i��+�•<; �� g�: >> � ?, ,fi;;;i, .�� '}::;:i � 3�. .Y� x �Sy'� ; �t 3a>�t �� x ,. tp�z ..,ye:;.:t±.:t. mj.� ,;,��:. �;i ,y,;;� �:;: : ; �;� _ . t:, .:ji�S£�+3 t� 3 f,�`��f}>j{'�t,''ii?''i: ��,�,;��#�f APPENDIX CHAPTER 33 SECTION 3310 - GRADING FEES 1994 UNIFORM BUILDING COOE 3310.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. 3310.2 Plan Review Fees. When a plan or other data aze required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table A-33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. 3310.3 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table A-33-B. Separate permits and fees shall apply to retaining walls or major drain- age structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A-33-A-GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee 51 to 100 cubic yards (40 m3 to 76.5 m3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.50 1,001` to 10,� cubic yazds (765.3 m3 to 7645.5 m3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3}-$30.00 for the first 10,000 cubic yards (7645.5 m3), plus $15.(� for each additional l0,OD0 yards (7645.5 m3) or fraction thereof. 100,001 to 2�,� cubic yards (76 456 m3 to 152 911 m3�$165.00 for the first 1�,�0 cubic yards (76 455 m3), plus $9.� for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (152 912 m3) or more-$255.W for the first 200,000 cubic yazds (152 911 m3), plus $4.50 for each additional 10,000 cubic yazds (7645.5 m3) or fraction thereof. Other Fees: Additional plan review required by changes, addirions or revisions to approved plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per hour�` (minimum charge-one-half hour) '"Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of dre employees involved. TABLE A-33-B-CRADING PERMIT FEES� 50 cubic yazds (38.2 m3) or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 51 to 100 cubic yards (40 m3 to 76.5 m3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2250 101 to 1,OOfl cubic yazds (77.2 m3 to 764.6 m3}-$22.50 for the first 100 cubic yards (76.5 m3) plus $10.50 for each additional 1� cubic yards (76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yazds (765.3 m3 to 7645.5 m3�$117.00 for the first 1,000 cubic yazds (764.6 m3), plus $9.00 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof. 10,001 to 1 Q0,000 cubic yards (7646.3 m3 to 76 455 m3�$198.00 for the first l0,att0 cubic yazds (7645.5 m3), plus $40.50 for each additiona110,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 cubic yards (76 456 m3) or more-$562.50 for the first 100,000 cubic yards (76 455 m3), plus $22.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. Other Inspeetions and Fees: 1. Inspecrions outside of normal business hours . . . . . . . . . . . . . . . . . . . . . $30.00 per hour2 (minimum charge-two hours) 1-512 � ` �> ,;�•. ; ;< - .:�..:;:.>;?,;........,;>:...:..,<:::,.:.::: ;}..: _: : �:s; , ,r;;. <:; � i � .. .. ;' . . . ,:;. ..<> �2 ?<>, � ��•s3 ';�f#3�� # ��. >>: >.s:: l' � �$=i?•.. ,.i�.s � _: . .,. . ; f �7' .;± APPENDIX CHAPTER 33 1g94 UNIFORM BUILDING CODE �� z sY�`�� xr�2a .>7 x� ��; r� >� s � x-; > z ; oF?r a� u�L.g- Ic. .i.`\f,- J. ,:}��;. '* =t � S' .p i :�• {, . ' .�%: r;,;>, ? > � 1 ss ,. �': ,• �. � � .-�, �. .. `; 1. General vicinity of the proposed site. 2. Property limits and accurate contours of existing ground and details of ter-rain and area drain- age. 3. Limiting dimensions, elevations or finish contours to be achieved by the grading. and pro- posed drainage channels and related construction. 4. Detailed plans of ail surface and subsurEace 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 a�►d tt►e estimated runoff of the area served by any drains. are 5, L.�ation of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet (4572 mm) of the property or which may be ai�ected bY the ProP°s� �d�g operations. 6. Recommendations included in the soils engineering report and the engineering geology re- port shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, maY be included by reference. 7. The dates of the soils engineering and engineerin8 Seology reports together with the names, addresses and phone numbers of the firms or individuals who prepared tt►e reports. 33095 Soils Engineering Report. T1ie soils engin�ring rePort required by Section 3309.4 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for gradit►g Procedures and design criteria for correcdve measures, including buttress fills, when n�essary, ac►d oPinion on adequacy for the intended use of sites to be developed by the proposed grading as affected bY soils engineering factors, including the stability of slopes. 3309.6 Engin�ring Geology Repor� The engineering geology report required by Section 3309.4 shall include an adequate description of the geology of the site, conclusions and recommen- daiions regarding the effect of geologic conditions on�py posp � elopme�nn, anad o�p�� the adequacy for the intended use of sites to be develo b the ro sed gra g, Y geologic factors. 3309.7 Liquefaction Study. The building official may reciuire a geote�hnical u►vestigation in accordance with Sections 1804.2 and 18(14.5 when, during the course of an investigation, all of the following condiuons a�'� dlsc°°ered, the reP°rt shall address the potential for liquefaction: 1. Shallow ground water, 50 feet (15 24U mm) or less. 2. Unconsolidated sac►dY alluvium. 3. Seismic Zones 3 and 4. 3309.8 Regular Gradiag Requirements. Each application for a grading permit shall be accom- a panied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans s give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3, Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 f�t (4572 mm) of the proposed grading• 3309.9 Issuance. The provisions of Section 106.4 are applicable to grading permits. The building official may require that grading operarions and project designs be modified if delays occur which incur weather-generated problems not considered at the tin►e the permit was issued. The building official may require professional inspection and testing by the soils engineer.WWhe�n the building official has cause to Uelieve that geologic factors may be involved, the grading required to conform to engineered grading• 1-511 . ...., �:r,. .. ', ., - .}c;� � �. �2c� .�'".: .;rr,�, ��f� ��°7 rsr �.- � o ��`�;`��,'� ,�: ;;s {� ig ;��