Title 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.01 Grading
15.04 Adoption of Uniform Codes
15.08 Organization and Enforcement
15.12 Permits and Fees
15.16 Inspections
15.20 Certificates of Occupancy
15.22 Informal Bidding Procedures/Public Works Contracts
15.41 Abatement of Dangerous Buildings Code
15.44 Fire Prevention Code
15.45 Storage of Hazardous Materials in Underground Tanks
15.48 Moving of Buildings or Structures
15.52 Well Construction
15.56 Floodplain Management
15.60 Seismic Hazard Identification Program for Unreinforced Masonry Buildings
15.70 Water Efficient Landscape
15.75 Recycling and Diversion of Debris from Construction and Demolition
15.80 Green Building Requirements
Chapter 15.01
GRADING
Sections:
15.01.010 Title.
15.01.020 Purpose.
15.01.030 Scope.
15.01.040 Definitions.
15.01.050 Precautions imposed by city engineer.
15.01.060 Other laws.
15.01.070 Severability and validity.
15.01.080 Permit required.
15.01.081 Planning commission approval of grading permit.
15.01.082 Quarry operations.
15.01.083 Application to annexed territory.
15.01.084 Exemptions.
15.01.090 Application.
15.01.091 Application form.
15.01.092 Site map and grading plan.
15.01.093 Interim erosion and sediment control plan (interim plan).
15.01.094 Final erosion and sediment control plan (final plan).
15.01.095 Soils engineering report (soils report).
15.01.096 Engineering geology report.
15.01.097 Work schedule and transport routes.
15.01.098 Security.
15.01.100 Fees.
15.01.105 Grading permit fee exemption.
15.01.110 Action on application.
15.01.120 Permit duration.
15.01.130 Appeals.
15.01.140 Revised plans.
15.01.150 Cessation of operations.
15.01.160 Assignment of permit.
15.01.170 No improvements planned.
15.01.180 Grading permit, paving.
15.01.190 Grading permit, drainageway alteration.
15.01.200 Excavation blasting permit.
15.01.205 Truck haul permit.
15.01.210 Issuance of grading permits.
15.01.220 Time and noise limitations on grading operations.
15.01.230 Implementation of permits-Permittee's duties.
15.01.240 Implementation of permits.
15.01.250 Grading inspection.
15.01.255 Completion of work.
15.01.260 Removal of ground cover.
15.01.270 Wet season grading.
15.01.280 Cuts.
15.01.290 Fills.
15.01.300 Setbacks.
15.01.310 Drainage and terracing.
15.01.320 Import and export of earth material.
15.01.330 Site dust control.
15.01.340 Protection of adjoining property.
15.01.350 Removal of hazards.
15.01.360 Post-grading procedures.
15.01.370 Revocation or suspension of permits.
15.01.380 Penalties.
15.01.390 Action against the security.
15.01.395 Public nuisance abatement.
15.01.400 Release of security.
15.01.410 Cumulative enforcement procedures.
15.01.010 Title.
This chapter shall be known as the "City of Brisbane Grading Ordinance" and may be so cited.
(Ord. 346 § 2(part), 1989).
15.01.020 Purpose.
The purpose of this chapter is to provide for grading operations; to safeguard life, limb, health, property and public welfare; and to preserve and enhance the natural environment, including but not limited to water quality, by regulating and controlling clearing and grading of property within the city.
(Ord. 346 § 2(part), 1989).
15.01.030 Scope.
This chapter amends Chapter 70 of the Uniform Building Code by the addition thereto of this chapter and sets forth rules and regulations to control excavation, land disturbances, land fill and soil storage and erosion and sedimentation resulting from such activities. This chapter provides that all excavation or landfilling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation. This chapter also establishes procedures for the issuance, administration and enforcement of grading permits.
(Ord. 346 § 2(part), 1989).
15.01.040 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this chapter:
1. "Applicant" means any person, corporation, partnership, association of any type, public agency or any other legal entity that submits an application to the city engineer for a permit pursuant to this chapter.
2. "As-graded" means the surface conditions extant on completion of grading.
3. "Bedrock" means in-place solid rock.
4. "Bench" means a relatively level step excavated into earth material. Bench also includes terraces.
5. "Best management practices" means a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction-related runoff, erosion and sedimentation.
6. "Borrow" means earth material acquired from an off-site location for use in grading on a site.
7. "City" means the city of Brisbane.
8. "City engineer" means city engineer of the city of Brisbane and his/her duly authorized designees.
9. "City street" means any public or private street in the city of Brisbane.
10. "Civil engineer" means a professional engineer registered in the state of California to practice in the field of civil engineering.
11. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
12. "Compaction" means the densification of a fill by mechanical means.
13. "Contour rounding" means the rounding of cut and fill slopes in the horizontal and/or vertical planes to blend with existing contours or to provide horizontal variation, to eliminate the artificial appearance of slopes. (See Figure 1)
14. "Drainageway" means natural or manmade channel which collects and intermittently or continuously conveys stormwater runoff.
15. "Dry season" means the period from April 15th to October 15th.
16. "Earth material" means any rock, natural soil, fill or combination thereof.
17. "Engineering geologist" means a geologist experienced and knowledgeable in engineering geology and qualified to practice engineering geology in the state of California.
18. "Engineering geology" means 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.
19. "Erosion" means the wearing away of the ground surface as a result of the movement of wind or water.
20. "Excavation" means any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, including the conditions resulting therefrom.
21. "Fill/land fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, including the conditions resulting therefrom.
22. "Final erosion and sediment control plan (final plan)" means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.
23. "Grade" means the vertical location of the ground surface.
a. "Existing grade" means the grade prior to grading.
b. "Rough grade" means the stage at which the grade approximately conforms to the approved plan.
c. "Finish grade" means the final grade of the site which conforms to the approved plan.
24. "Grading" means any land disturbance or excavation or fill or any combination thereof and shall include the conditions resulting from any land disturbance, excavation or fill. Grading shall include trenching on public or private property including within public streets.
25. "Grading permit" means the formal approval required by this chapter for any grading, filling, excavating, storage or disposal of soil or earth materials or any other excavation or land filling activity. Application to the city engineer and the city engineer's approval is required under the process of this chapter.
26. "Interim erosion and sediment control plan (interim plan)" means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which construction-related excavations, fills and soil storage occur, and before the final plan is completed.
27. "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
28. "Manual of standards" means ABAG Manual of Standards for Surface Runoff Control Measures (Latest Revision).
29. "Permittee" means the applicant in whose name a valid permit is duly issued pursuant to this chapter and his/her agents, employees and others acting under his/her direction.
30. "Sediment" means earth material deposited by water or wind.
31. "Site" means a parcel or parcels of real property owned by one or more than one person which is being or is capable of being developed as a single project, including phased construction. Site also includes any public or private property or rights-of-way on which excavation, fill or land disturbance is provided.
32. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
33. "Soil" means naturally occurring superficial deposits overlying bedrock.
34. "Soils engineer" means a civil engineer experienced and knowledgeable in the practice of soils engineering. Soils engineer and geotechnical engineer are synonymous.
35. "Soils engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of improvements involving the use of earth materials and the inspection and testing of the construction thereof. Soils engineering and geotechnical engineering are synonymous.
36. "Structure" means anything built or constructed including pavement and pipelines.
37. "Temporary erosion control" consists of, but is not limited to, constructing such facilities and taking such measures as are necessary to prevent, control, and abate water, mud and wind erosion damage to public and private property during grading operations.
38. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Terrace also includes benches.
39. "Truck haul" means the movement over public streets of any excavated material.
40. "Vertical slope rounding" means the rounding of the top and toes of cut and full slopes.
41. "Wet season" means the period from October 15th to April 15th.
(Ord. 346 § 2(part), 1989).
15.01.050 Precautions imposed by city engineer.
If, at any stage of grading, the city engineer determines by inspection that conditions are such that further work as authorized by an existing permit is likely to endanger any property or public way, the city engineer may require, as a condition to allowing the work to be continued, that reasonable safety precautions be formulated by the permittee and submitted to the city engineer for his/her consideration and the permit be amended to avoid such danger. "Safety precautions" may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or retaining walls or planting of slopes.
The sole and primary responsibility of meeting the requirements of this section and of this chapter for any civil or criminal liability as a result of the exercise of this permit shall be upon the permittee. The city, city engineer, its employees or agents shall in no way be responsible for said liability.
(Ord. 346 § 2(part), 1989).
15.01.060 Other laws.
Neither this chapter nor any administrative decision made under it:
A. Exempts the permittee from complying with other applicable laws or from procuring other required permits or complying with the requirements and conditions of such a permit; or
B. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity; or
C. Exempts any person from complying with any applicable laws or allows any person to perform any grading without complying with such other applicable laws.
(Ord. 346 § 2 (part), 1989).
15.01.070 Severability and validity.
If any part of this chapter is found not valid, the remainder shall remain in effect.
(Ord. 346 § 2(part), 1989).
15.01.080 Permit required.
Except as exempted under Section 15.01.084, it shall be unlawful for any person to grade, fill, excavate, store or dispose of soil and earth materials or perform any other excavation or land-filling activity without first obtaining a grading permit as set forth in this chapter. A separate grading permit shall be required for each site. With respect to subdivisions, a separate permit will be required for each phase of development. The grading permit issued for each site may also cover the utility construction associated with the site provided the required information for the utilities is included with the application. A building permit shall not be issued prior to the issuance of a grading permit, when required.
(Ord. 346 § 2(part), 1989).
15.01.081 Planning commission approval of grading permit.
Where a grading permit is required by the provisions of this chapter, it shall be obtained from the city engineer, except that grading permit approval by the planning commission shall be required in the event:
A. More than two hundred fifty (250) cubic yards of material is to be moved or planned to be moved in any single grading or excavation operation or if more than fifty (50) cubic yards of materials is to be exported from any single parcel of land; or
B. Benches or terraces are required in cut and/or fill slopes, in which case landscaping for screening may be required by the city, to soften the visual impact. (See Section 17.32.220.)
(Ord. 346 § 2(part), 1989).
15.01.082 Quarry operations.
No grading permit for an excavation shall be issued if the excavation for which a grading permit is required shall involve the operation of a quarry as defined in the zoning ordinance, which quarry is otherwise prohibited until a use permit therefor has first been granted pursuant to the provisions of the zoning ordinance of the city.
(Ord. 346 § 2(part), 1989).
15.01.083 Application to annexed territory.
Activities regulated by this chapter, whether operative or nonoperative, which are located in territory hereafter annexed to the city shall not operate from and after thirty (30) days following annexation to the city, unless, in the case of operative activities, or before recommencement of operations in the case of inoperative activities, a grading permit shall have been granted as provided herein.
(Ord. 346 § 2(part), 1989).
15.01.084 Exemptions.
A grading permit shall not be required in the following instances:
A. Exploratory excavations and trenches under the direction of a soils engineer or engineering geologist, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Safety Order, Division of Industrial Safety.
B. An excavation which does not exceed five (5) cubic yards on any one site and is less than two (2) feet in vertical depth and which does not create a cut slope steeper than two feet horizontal to one vertical (2:1). Such excavation, however, is not exempt from the requirements of Sections 15.01.180 and 15.01.190.
C. A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed five (5) cubic yards on any one site and does not obstruct a drainageway. Such fill, however, is not exempt from the requirements of Section 15.01.180.
D. Grading in connection with dredging operations in San Francisco Bay for which approval for such grading has been granted by the city under other permits or agreements.
E. Grading in connection with the operation of salvage, garbage and disposal dumps for which approval for such grading has been granted by the city under other permits or agreements.
F. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards, or interruption of utility services to the public, in which case a permit shall be obtained as soon as possible.
G. Excavation by public utilities in connection with the placement of facilities, including repair and maintenance of local utility distribution and service utilities, if such excavation is authorized by a valid street encroachment permit.
(Ord. 475 § 1, 2002: Ord. 346 § 2(part), 1989).
15.01.090 Application.
The application for a grading permit shall be in writing and filed with the city engineer in duplicate and must include all of the following items, unless otherwise waived by the city engineer:
A. Application form;
B. Site map and grading plan;
C. Interim erosion and sediment control plan;
D. Final erosion and sediment control plan;
E. Soils engineering report;
F. Engineering geology report;
G. Work schedule and transportation routes;
H. Security;
I. Fees;
J. Any other material required by the city engineer.
(Ord. 346 § 2(part), 1989).
15.01.091 Application form.
The following information is required on the application form unless waived or modified by the city engineer:
A. Name, address and telephone number of the applicant;
B. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the excavating and land-filling activities and their respective tasks;
C. Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan;
D. Names(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the interim and/or final erosion and sediment control plan;
E. Name, address and telephone number of the soils engineer and/or the geologist responsible for the preparation of the soils and engineering geology reports;
F. A vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures;
G. Date of the application;
H. Title report confirming ownership;
I. Signature(s) of the owner(s) of the site or of an authorized representative.
(Ord. 346 § 2(part), 1989).
15.01.092 Site map and grading plan.
The site map and grading plan shall contain all the following information unless waived or modified by the city engineer:
A. Plan views and cross sections showing the existing and proposed topography of the site. The plan view shall show contours at an interval sufficiently detailed to define the topography over the entire site. The minimum contour interval shall be two feet where ground slope is less than fifteen (15) percent and five (5) feet where ground slope exceeds fifteen (15) percent;
B. Two contour intervals off-site and extension of the on-site contours a minimum of one hundred (100) feet off-site, and sufficient to show on and off-site drainage;
C. An accurate plat plan drawn by a registered civil engineer or licensed land surveyor showing the site's exterior boundaries in true location with respect to the plan's topographic information, all easements, boundaries of the "Habitat Conservation Plan" area, special districts, and any other pertinent information;
D. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;
E. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain;
F. Location and graphic representation of proposed excavation and fills, of on-site storage of soil and other earthen material, and of on-site disposal of soil and other earthen material;
G. Location of existing vegetation types and the location and type of vegetation to be left undisturbed;
H. Location of proposed final surface runoff, and of erosion and sediment control measures;
I. Quantity of soil or earthen materials in cubic yards to be excavated, filled, stored or otherwise removed from or utilized on-site;
J. Location 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 fifteen (15) feet of the property or which may be affected by the proposed grading operations;
K. Location and slope of proposed streets and driveways. Driveways shall not exceed a centerline slope of twenty (20) percent and, unless specifically approved by the city engineer, streets shall not exceed a centerline slope of fifteen (15) percent.
(Ord. 346 § 2(part), 1989).
15.01.093 Interim erosion and sediment control plan (interim plan).
An interim plan containing all of the following information shall be provided with respect to conditions existing on the site during excavation or filling activities or soil storage and before the final plan is completed:
A. The location and amount of runoff discharging from the site, calculated using a method approved by the city engineer;
B. A delineation and brief description of the measures to be undertaken to control erosion caused by surface runoff and by wind and to retain sediment on the site including, but not limited to, the design and specifications for berms and sediment detention basins, types and method of applying mulches, the design and specifications for diverters, dikes and drains, seeding methods, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.
The location of all the measures listed by the applicant under subsection (B) above shall be depicted on the site map and grading plan, or on a separate plan, at the discretion of the city engineer.
An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures shall be submitted in a form acceptable to the city engineer.
The applicant may propose the use of any erosion and sediment control techniques in the interim plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the manual of standards.
(Ord. 346 § 2(part), 1989).
15.01.094 Final erosion and sediment control plan (final plan).
A final plan containing all of the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this section) have been completed:
A. The location and amount of runoff discharging from the site, calculated using a method approved by the city engineer;
B. A description of and specifications for sediment retention devices;
C. A description of and specifications for surface runoff and wind erosion control devices;
D. A description of vegetative measures;
E. A graphic representation of the location of all items in subsections B through D above, and items A through K in 15.01.092 above.
An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the city engineer.
The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the manual of standards.
(Ord. 346 § 2(part), 1989).
15.01.095 Soils engineering report (soils report).
A soils report, when required by the city engineer, is to be prepared by an approved soils engineer and shall be based on adequate and necessary test borings, and shall contain all the following information, in addition to the minimum requirements of Chapter 70 of the latest edition adopted by the city of the Uniform Building Code:
A. Data regarding the nature, distribution, strength, and erodibility of existing soils;
B. Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any;
C. Conclusions and recommendations for grading procedures;
D. Conclusions and recommended designs for soil stabilization for interim conditions and after construction is completed;
E. Design criteria for corrective measures when necessary;
F. Foundation and pavement design criteria when necessary;
G. Opinions and recommendations covering suitability of the site for the proposed uses;
H. Other recommendations, as necessary, commensurate with the project grading and development.
Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan.
(Ord. 346 § 2(part), 1989).
15.01.096 Engineering geology report.
An engineering geology report, when required by the city engineer, is to be prepared by a qualified engineering geologist and shall be based on adequate and necessary test borings and shall contain the following information, in addition to the minimum requirements of Chapter 70 of the latest edition adopted by the city of the Uniform Building Code:
A. An adequate description of the geology of the site, including identification of actual and potential geologic hazards;
B. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;
C. Recommendations for mitigation of identified hazards wherever appropriate;
D. An opinion as to the extent that instability on adjacent properties may adversely affect the project;
E. Opinions and recommendations covering suitability of the site for the proposed uses;
F. Other recommendations, as necessary, commensurate with the project grading and development.
Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan.
(Ord. 346 § 2(part), 1989).
15.01.097 Work schedule and transport routes.
The applicant shall submit a master work schedule showing the following information:
A. Proposed grading schedule;
B. Proposed conditions of the site on each July 15th, August 15th, September 15th, October 1st and October 15th during which the permit is in effect;
C. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection UL;
D. Schedule for construction of the proposed improvements on the site;
E. Schedule for installation of permanent erosion and sediment control devices where required.
The applicant shall also submit a description of the routes of travel to be used for access to and from the site for removing excavated material and bringing in fill or other materials.
(Ord. 346 § 2(part), 1989).
15.01.098 Security.
A. The applicant shall provide a performance bond or other acceptable security for the performance of the work described and delineated on the approved grading plan prior to the issuance of the grading permit, in an amount to be set by the city engineer but not less than one hundred (100) percent of the approved estimated cost of performing said work. The form of security shall be one or a combination of the following to be determined and approved by the city engineer:
1. Bond or bonds issued by one or more duly authorized corporate sureties. The form of the bond or bonds shall be subject to the approval of the city attorney;
2. Deposit, either with the city or a responsible escrow agent or trust company at the option of the city, of money, negotiable bonds of the kind approved for securing deposits of public moneys, or other instrument of credit from one or more financial institutions subject to regulation by the state or federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment;
3. Cash in U.S. currency.
B. The applicant shall provide security for the performance of the work described and delineated in the interim plan in an amount to be determined by the city engineer, but not less than one hundred (100) percent of the approved estimated cost of performing said work. The form of the security shall be as set forth in subsection A of this section.
C. The applicant shall provide security for the performance of the work described and delineated in the final plan in an amount to be determined by the city engineer but not less than one hundred percent of the approved estimated cost of performing said work. The form of the security shall be as set forth in subsection A of this section.
D. The applicant shall provide a cash deposit in an amount established by resolution of the city council to insure the repair of damage to public property or cleaning of public streets. In the event of failure by the applicant, after written notification if time permits, to maintain public property or right-of-way in a manner satisfactory to the city engineer, the city engineer may order repairs made or cleaning performed and deduct the cost from the deposit. Any unused balance shall be returned to the applicant upon completion of the grading.
(Ord. 346 § 2(part), 1989).
15.01.100 Fees.
A. Before accepting a grading permit application and plans for checking, the city engineer shall collect a plan checking fee as approved by resolution of the city council and as provided in this chapter.
B. Unless exempted under Section 15.01.105 of this chapter, a fee for each grading permit shall be paid to the city prior to issuance of a grading permit, in such amount as established from time to time by resolution of the city council.
Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when it can be proven to the satisfaction of the city engineer that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from complying with the requirements of this code nor from any other penalties prescribed herein.
C. Additional fees approved by resolution of the city council and contained in this chapter shall be paid as required to the city engineer.
D. If after written notification (if time allows) the city engineer performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction as provided in Section 15.01.098(D). In addition, the city engineer may charge a mobilization cost equal to ten (10) percent of the cost for performing the work. Fees or deposits required for special purposes, i.e. cleanup, dust control, etc., collected but not expended for the purpose for which they are collected, will be refunded.
(Ord. 475 § 2, 2002; Ord. 346 § 2(part), 1989).
15.01.105 Grading permit fee exemption.
A. A fee for a grading permit shall not be required in the following instances: grading for the foundation, basement and other features (e.g., walkways, patios, terracing) of a building or structure for which a building permit has been issued, provided that all grading, drainage, retaining wall and ground cover work will be started and completed within a single dry season. A soils report and other information relating to such grading, and a performance bond or other acceptable security for the performance of the work and a cash deposit to insure the repair of damage to public property or cleaning of public streets, may be required in connection with the issuance of the grading permit. The amount and form of such security and cash deposit shall be as set forth in Section 15.01.098.
B. Notwithstanding the provisions of paragraph A above, a grading permit fee will be required where the grading to be performed, other than that solely for the building and its foundation and driveway, is such as to require grading permit approval by the planning commission under Section 15.01.081.
(Ord. 475 § 3, 2002)
15.01.110 Action on application.
No grading permit shall be issued by the city engineer unless the applicant provides sufficient information for the city engineer to find that the work as proposed by the applicant, is likely not to endanger any property or public way or detrimentally affect water quality. Factors to be considered by the city engineer in making his finding shall include, but shall not be limited to, the soils engineering report, the engineering geology report, possible saturation by rains, earth movements, run-off of surface waters, and subsurface conditions such as the stratification and faulting of rock, and the nature and type of soil or rock.
Applications shall be reviewed by the city engineer in the order that they are received.
(Ord. 346 § 2(part), 1989).
15.01.120 Permit duration.
Permits issued under this chapter shall be valid for the period during which the proposed excavation or filling activities and soil storage takes place or is scheduled to take place per Section 15.01.097. Permittee shall commence permitted activities within sixty (60) days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, fees, maps, plans, schedules and security to the city engineer, except where an item to be resubmitted is waived by the city engineer.
(Ord. 346 § 2(part), 1989).
15.01.130 Appeals.
Any person may appeal to the planning commission the issuance, denial or conditions of a grading permit, the suspension after a hearing by the city engineer, or the revocation of a grading permit, or the failure to suspend or revoke a grading permit. Any such appeal shall be in writing and shall be filed with the planning department within fifteen (15) days after the action complained of. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such an appeal, the planning department, acting under the direction of the planning director, shall bring the appeal before the planning commission within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the planning commission meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The planning commission shall proceed to hear and determine the appeal at the same meeting or at such later meeting as it shall determine, and in connection therewith may continue the same from time to time.
The action of the planning commission may be appealed to the city council as set forth in Chapter 17.52 of this code.
(Ord. 346 § 2(part), 1989).
15.01.140 Revised plans.
If the city engineer finds the soil or other conditions to not be as stated in the application for a grading permit, he/she may immediately suspend the grading permit, and permittee shall cease all work on the work site, excepting work to make the site safe, until approval is obtained from the city engineer for revised plans which conform to the existing conditions.
(Ord. 346 § 2(part), 1989).
15.01.150 Cessation of operations.
In the event the operation of any activity regulated by this chapter voluntarily ceases for a continuous period of more than ninety (90) days (which period is not stated in the approved work schedule per Section 15.01.097) then, in that event, the grading permit shall be null and void and the operation of said activity shall not be recommenced until a new grading permit is obtained as provided herein.
(Ord. 346 § 2(part), 1989).
15.01.160 Assignment of permit.
A permit issued pursuant to this chapter may be assigned, provided:
A. The permittee notifies the city engineer of the proposed assignment;
B. The proposed assignee:
1. Submits an application form pursuant to Section 15.01.091; and
2. Agrees in writing to all the conditions and duties imposed by the permit; and
3. Agrees in writing to assume responsibility for all work performed prior to the assignment; and
4. Provides security pursuant to Section 15.01.098; and
5. Agrees to pay all applicable fees.
C. The city engineer approves the assignment. The city engineer may disapprove an assignment for cause and shall not unreasonably withhold approval.
(Ord. 346 § 2(part), 1989).
15.01.170 No improvements planned.
Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must meet all the requirements of this chapter.
(Ord. 346 § 2(part), 1989).
15.01.180 Grading permit, paving.
No person shall construct pavement surfacing on natural or existing grade for the purpose of a private road, parking lot or travelway without a valid grading permit, unless waived by the city engineer. Resurfacing or maintenance of existing paved surfaces shall be exempt from this requirement. Refer to Section 15.01.100(B) and (C) for fees.
(Ord. 346 § 2(part), 1989).
15.01.190 Grading permit, drainageway alteration.
No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements without a valid grading permit, unless waived by the city engineer, or unless the work is performed as interim protection under an emergency situation (Section 15.01.084(H)). Refer to Section 15.01.100(B) and (C) for fees.
(Ord. 346 § 2(part), 1989).
15.01.200 Excavation blasting permit.
No person shall possess, store, sell, transport or use explosives and/or blasting agents in violation of any existing laws or ordinances or do any excavation by explosives or blasting without a grading permit and without a separate blasting permit issued by the city fire department.
(Ord. 346 § 2(part), 1989).
15.01.205 Truck haul permit.
A truck haul permit shall be obtained from the city engineer for the movement over a city street of any excavated or fill material to or from any property in the city or to or from any property outside the city which has direct access to a city street. This requirement shall not be applicable, however, to any quarrying operations nor to any transportation of materials not exceeding fifty (50) cubic yards from any one site. Before issuing a truck haul permit for moving excavated material over a city street, the city engineer shall collect a fee as approved by resolution of the city council and as provided in this chapter.
(Ord. 346 § 2(part), 1989).
15.01.210 Issuance of grading permits.
The city engineer may issue a grading permit upon receipt and approval of the items listed in Section 15.01.090. Permits shall be issued subject to the following conditions:
A. The permittee shall maintain a copy of the permit and all approved plans and reports, required under Sections 15.01.090 and 15.01.230(B), on the work site and the permit, plans and reports shall be available for public inspection during all working hours;
B. The permittee shall, at all times, conduct operations in conformity with approved site map, grading plan, and other required plans and reports.
C. The permittee shall comply with other conditions imposed by the city engineer as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property. Such conditions may include but are not limited to:
1. The route and time of travel over public streets so as to cause the least interference with general traffic and to cause the least damage to public streets;
2. The removal of rock, earth or other material that may be deposited on public streets by reason of said grading operations;
3. The payment to city of the cost of repairing damage to public streets caused by trucking operations in connection with said grading operations;
4. The installation of suitable fencing, barricades and lighting surrounding the grading operations.
D. The permittee shall implement temporary erosion control as necessary to protect public and private property. Temporary erosion control shall be continuous throughout the work.
E. Permittee shall be knowledgeable of the conditions and/ or restrictions of the grading permit as outlined in applicable sections of this code, and as contained on the approved site map, grading plan, and other required plans and reports.
(Ord. 346 § 2(part), 1989).
15.01.220 Time and noise limitations on grading operations.
The time and noise limitations on all grading operations shall be those set forth for construction activities in Chapter 8.28, noise control, of this code.
In addition, no grading work shall be performed during hours other than the normal working hours of the city public works department's inspection and maintenance personnel without approval of the city engineer and without first obtaining a special permit for such work from the city engineer. Before issuing a special permit for such work, the city engineer shall collect a fee as approved by resolution of the city council and as provided in this chapter. Permitted hours of operation may be shortened by the city engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.
(Ord. 346 § 2(part), 1989).
15.01.230 Implementation of permits-Permittee's duties.
In addition to performing as required under Section 15.01.210:
A. The permittee shall request an inspection of the site by the city engineer at the following stages of the grading operation. The city engineer shall approve the work inspected or notify, in writing, the permittee or owner wherein it fails to comply with the law. Any portion of the work which does not comply with the law shall be corrected. The stages of work are:
1. Initial: when the permittee is ready to begin grading work;
2. Rough grading: when all rough grading has been completed;
3. Interim erosion control: the installation of all interim erosion control devices and the completion of planting requirements;
4. Final: readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final erosion control measures.
B. Permittee shall submit, to the city engineer, status reports with revised work schedules which are required by Section 15.01.097, or other reports as required by city engineer, for the city engineer's approval if:
1. There are delays in obtaining materials, machinery, services or manpower necessary to the implementation of the grading, interim or final plans as scheduled;
2. There are any delays in excavation, land-disturbing, filling activities or soil storage;
3. The work is not being done in conformance with the approved grading plan, interim or final plans;
4. There are any delays in the implementation of the interim or final plans.
C. Permittee shall submit recommendations for corrective measures, if necessary and appropriate, with the reports made under subsection B of this section, unless the requirement is waived by the city engineer.
(Ord. 346 § 2(part), 1989).
15.01.240 Implementation of permits.
A. The permittee shall submit all reports as may be required in this section and in Sections 15.01.210 and 15.01.230 to the city engineer for review. The city engineer may require permittee to modify the site map and grading plan, interim or final plans, and maintenance methods and schedules. The city engineer shall notify the permittee in writing within a reasonable period of time of the requirement to modify and specify a reasonable period of time within which permittee must comply. All modifications are subject to city engineer's approval.
B. The city engineer may inspect the site:
1. Upon receipt of any report by permittee under provisions of Section 15.01.230(B);
2. To verify completion of modifications required under Section 15.01.240(A);
3. During and following any rainfall;
4. At any other time, at the city engineer's discretion.
C. Upon completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:
1. An as-graded grading 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. The civil engineer shall provide a statement that the work was done in general conformance with the final approved grading plan;
2. A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. The soils engineer shall provide a statement as to compliance of the work with his/her recommendations and as to the adequacy of the site for the intended use;
3. An engineering geology report prepared by the geologist containing a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The geologist shall provide a statement as to compliance of the work with his/her recommendations and as to the adequacy of the site for the intended use as affected by geologic factors.
D. No person shall in any way hinder or prevent the city engineer or any of his/her authorized representatives from entering and inspecting any property on which grading has been or is being done.
(Ord. 346 § 2(part), 1989).
15.01.250 Grading inspection.
All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection B of this section.
In addition to complying with all requirements of Chapter 70 of the Uniform Building Code, as amended by this chapter, "regular grading" and "engineered grading" applicants/permittees shall be subject to and comply with the following:
A. Engineered and Regular Grading Designation. Grading in excess of one thousand (1000) cubic yards and/or ten (10) feet vertical depth of cut and/or fill shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than one thousand (1000) cubic yards and/or less than ten (10) feet vertical depth of cut and/or fill shall be designated "regular grading" unless the applicant/permittee, with the approval of the city engineer, or the city engineer, independently, chooses to have the grading performed as "engineered grading."
B. Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans and compliance statements upon completion of the work.
Soils engineering and engineering geology reports shall be required at the discretion of the city engineer. During grading, all necessary reports, compaction data, soils engineering and engineering geology recommendations shall be submitted to the owner, the geologist, the civil engineer and the city engineer by the soils engineer and the engineering geologist.
The soils 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 groundwater drainage devices. He shall report his findings to the owner, the soils engineer, the city engineer and the civil engineer.
The city engineer shall inspect the project as required under Section 15.01.240 and at any more frequent interval necessary to determine that adequate control is being exercised by the professional consultants.
C. Regular Grading Requirements. The city engineer may require the permittee to provide inspection and testing by a professional testing company acceptable to the city engineer.
The testing agency's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
When the city engineer has reasonable cause to believe that geologic factors may be involved, the grading operation will be required to conform to "engineered grading" requirements.
D. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the soils engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer (see Section 15.01.230). Recommendations for corrective action measures, if necessary, shall be submitted.
E. Transfer of Responsibility for Approval. If the civil engineer, the soils 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 their technical competence for approval upon completion of the work.
(Ord. 346 § 2(part), 1989).
15.01.255 Completion of work.
A. Final Reports. Upon the completion of the rough grading work and at the final completion of the work the city engineer may require the following reports and drawings and supplements thereto:
1. An as-graded grading 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 drainage facilities. The civil engineer shall state that to the best of his/her knowledge the work was done in accordance with the final approved grading plan;
2. A soil grading report prepared by the soils engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The civil engineer shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors;
3. A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors.
B. Notification of Completion. The permittee or his/her agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of 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.
(Ord. 346 § 2(part), 1989).
15.01.260 Removal of ground cover.
During the dry season, the natural vegetative ground cover of any watershed shall not be destroyed or removed more than thirty (30) days prior to grading. During the wet season, such ground cover shall not be destroyed or removed more than five (5) days prior to such grading. The city engineer may grant an extension of time when justified by the circumstances.
(Ord. 346 § 2(part), 1989).
15.01.270 Wet season grading.
A. Commencement or continuation of any grading during the wet season is prohibited unless permission is granted by the city manager as provided in this section.
B. The city manager may, at his or her discretion, grant permission to commence or continue grading during the wet season, on the basis of the information submitted by the applicant or permittee, weather forecasts, experience or any other factors which he or she may consider pertinent, so long as such grading will not cause a hazardous condition, erosion or sedimentation to occur or continue.
C. For continuance of grading activities, other than installation, maintenance or repair of measures in the interim or final erosion control plan, during the wet season, applicant/permittee shall submit evidence to the city manager, as often as said city manager requires, demonstrating that erosion and sedimentation are being effectively controlled.
D. Applicant/permittee's failure to submit the required information to obtain permission for wet season grading activity shall result in suspension or revocation of the grading permit, action against the security, filing a lien on the property to recover city's costs, and/or prosecution as provided in Sections 15.01.370 through 15.01.395 of this chapter.
(Ord. 385 § 1, 1993: Ord. 346 § 2(part), 1989).
15.01.280 Cuts.
A. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, and specifically waived by the city engineer, cuts shall conform to the provisions of this section and in accordance with Figures 1 and Figure 2 of this chapter.
B. Cut slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1) unless otherwise justified in the soil engineering or engineering geology report. Justification shall consist of an accepted geotechnical slope stability analysis with factors of safety in proportion to the affected structures and type of loading (e.g. earthquake). Accepted analysis shall be those determined by the city engineer.
C. The city engineer may require that the excavation be made with cut face flatter in slope than two (2) horizontal and one (1) vertical if he/she finds the material in which the excavation is to be made is unusually subject to erosion, or if other conditions make such flatter slope necessary for stability and safety.
D. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.01.370.
(Ord. 346 § 2(part), 1989).
15.01.290 Fills.
A. General. Unless otherwise recommended in the approved soil engineering report and/or engineering geology report, and specifically waived by the city engineer, fills shall conform to the provisions of this section and Figure 1 and Figure 2 of this chapter.
In the absence of an approved soils engineering report these provisions may be waived for minor fills not intended to support structures.
B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one (2:1), or where the fill slope terminates above a planned or existing cut slope, within a horizontal distance equal to one-third (1/3) of the vertical height of the fill unless specifically addressed in the soils engineering report or the engineering geology report and approved by the city engineer.
C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top-soil and other unsuitable materials scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one (5:1), and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one (5:1) 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 suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the building official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil in intended.
D. Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than eight (8) inches shall be buried or placed in fills.
Exception: the city engineer 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 fines.
E. Compaction. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by Building Code Standard No. 70-1. Field density shall be determined in accordance with Building Code Standard No. 70-2 or equivalent, as approved by the city engineer.
In addition to the inspections of fills, the city engineer may require a statement from an approved soils engineer based on tests of the fill at selected stages. If favorable conditions exist, the city engineer may, by prior approval, waive requirements for inspection of or soils tests by an approved soils engineer. The requirements of the city engineer for the compaction of fills may include but shall not be limited to the following:
1. Preparation of the natural ground surface by removing top soil and vegetation and by compacting the fill upon a series of terraces;
2. Control of moisture content of the material used for the fill;
3. Limitation of the use of various kinds of materials;
4. Maximum thickness of the layers of the fill to be compacted;
5. Method of compaction;
6. Density requirements of the completed fill depending upon the location and use of the fill;
7. Compaction tests required during the process of filling.
F. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1).
The city engineer may require that the fill be made with a slope face flatter in slope than two (2) horizontal to one (1) vertical (2:1) if he finds the material of which the fill is to be made is unusually subject to erosion, or if other conditions make such flatter slope necessary for stability and safety.
G. Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 15.01.370.
(Ord. 346 § 2(part), 1989).
15.01.300 Setbacks.
A. General. The setbacks and other restrictions specified by this section are minimum and may be increased by the city engineer or by the recommendations of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the city engineer.
B. Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-right areas and easements, in accordance with Figure 2 of this chapter.
The tops and toes of cut and fill slopes shall be set back from property lines and structures as far as necessary to provide for safety of adjacent property, safety of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities and applicable zoning requirements. Except for pier-type foundations or other special foundation design, setbacks shall not be less than as shown on Figure 2 of this chapter.
(Ord. 346 § 2(part), 1989).
15.01.310 Drainage and terracing.
A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provision of this section.
B. Terrace. Terraces at least six (6) feet in width shall be established at not more than thirty (30) feet 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 at mid-height. For cut or fill 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 width and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by the civil engineer and approved by the city engineer. Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient along and towards the ditch of five (5) percent unless approved by the city engineer and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one (1) foot and a minimum, paved width of three (3) feet or as required by the city engineer.
A single run of swale or ditch shall not exceed a length of one hundred fifty (150) feet or collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain, unless approved by the city engineer.
C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the city engineer and/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 down drains or other devices.
Building pads shall have a drainage gradient of two (2) percent toward approved drainage facilities, unless waived by the city engineer.
Exception: the gradient from the building pad may be one (1) percent if all the following conditions exist throughout the permit area:
1. No proposed fills are greater than ten (10) feet in maximum depth;
2. No proposed finish cut or fill slope faces have a vertical height in excess of ten (10) feet;
3. 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.
4. A two (2) percent gradient is provided for the first five (5) feet adjacent to the structure.
E. Interceptor Drains. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. At the discretion of the city engineer, paved 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 drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three (3) inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and minimum paved width of thirty (30) inches measured horizontally across the drain or as required by the city engineer. The slope of drain shall be approved by the city engineer.
(Ord. 346 § 2 (part), 1989).
15.01.320 Import and export of earth material.
On project sites where earth materials are moved on public roadways from or to the site, the following requirements shall apply:
A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for hauling purposes in a condition free of dust, earth, or debris attributed to the grading operation.
B. Loading and hauling of earth from or to the site must be accomplished within the limitations established in Section 15.01.220 of this grading code.
C. Access roads to the premises shall be only at points designated on the approved grading plan.
D. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three (3) percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagmen and/or signs shall be posted.
E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five (5) inches in height. The sign shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be five (5) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.
(Ord. 346 § 2 (part), 1989).
15.01.330 Site dust control.
The movement of earth materials either within, to, or from a site shall require the periodic implementation of dust control measures. On projects as determined by the city engineer, a water truck shall be continuously present on-site to assure maximum control.
(Ord. 346 § 2(part), 1989).
15.01.340 Protection of adjoining property.
Each adjacent owner is entitled to the lateral and subjacent support which his/her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law.
(Ord. 346 § 2(part), 1989).
15.01.350 Removal of hazards.
Whenever the city engineer determines that any existing excavation or embankment or fill on private property has become a hazard to any person, 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 such property, upon receipt of notice in writing from the city engineer, shall immediately repair or eliminate such excavation or embankment so as to remove the hazard and be in conformance with the requirements of this chapter.
(Ord. 346 § 2(part), 1989).
15.01.360 Post-grading procedures.
Upon completion of final grading and permanent improvements, where such permanent improvements are planned at the time grading is performed, permittee shall notify the city engineer that the grading is completed. The city engineer shall review the grading performed and, if found in substantial conformance to the permit conditions, the city engineer may release the unexpended and unencumbered amount of the cash deposit and initiate the release of the security bonds posted by the permittee in accordance with Section 15.01.400.
(Ord. 346 § 2(part), 1989).
15.01.370 Revocation or suspension of permits.
A. Any grading permit may be suspended by the city engineer for the violation of any condition of the permit, the violation of any provision hereof or any other applicable law or ordinance, or the existence of any condition or the doing of any act constituting or creating a nuisance, threatening water quality, or endangering the lives or property of others. Upon written notification of suspension of permit, permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension.
B. Following the suspension, the permittee shall be granted a hearing by said city engineer within five (5) days of the written notice of suspension. The written notice shall state, generally, the grounds of complaint and the time and place where such hearing will be held.
C. At the conclusion of said hearing, and within thirty (30) days thereafter, the city engineer shall make his/her findings and notify, in writing, the permittee of the action taken.
D. If permittee, after written notice of suspension, fails or refuses to cease work, as required under subsection A of this section, the city engineer may revoke the permit.
E. The city engineer shall reinstate a suspended permit upon permittee's correction of the cause of the suspension.
F. The city engineer shall not reinstate a revoked permit.
(Ord. 346 § 2(part), 1989).
15.01.380 Penalties.
Any person, firm, association, joint venture, partnership, corporation or other legal entity who violates any provision of this chapter is guilty of a misdemeanor and shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm, association, joint venture, partnership, corporation or other legal entity, and upon conviction thereof shall be punished for each separate offense by a fine of not more than one thousand (1000) dollars or confinement in the county jail not to exceed one (1) year or both such fine and confinement.
| APN - - - | ____ |
All interested persons having any objection to the above shall present such objections to the undersigned city manager at city offices, Brisbane, California, within three days from and after the posting, herein specified, of this notice.
Posted/Mailed this ________ day of ________, 19________.
CITY MANAGER OF THE CITY OF BRISBANE
By: ____
D. Before abating any condition which is declared to be a public nuisance in this section, the city manager, in addition to posting of notice or notices as provided by subsection (C) of this section, may mail, or cause to be mailed, to the person or persons who are designated on the last equalized assessment roll of the county of San Mateo, as owner or owners of the parcel of land on which such nuisance exists, at their address or addresses as shown on the last equalized assessment roll, a written notice or notices which shall be substantially in the same form shown in subsection (C) above.
E. 1. The owner or owners of any private parcel of land within or upon which a public nuisance, as described in this section, exists, have a duty to abate such nuisance at his, her or their own cost and expense by removing any hazard and completing any planned permitted grading within the time prescribed in the notice which is posted upon such property, or if notice is given by mail within the time prescribed in the mailed notice.
2. If such owner or owners fail to abate such nuisance as above prescribed within said time, and if, in addition, they fail to show cause to the satisfaction of the city engineer why said nuisance should not be abated, then in that event the city may abate said nuisance or cause same to be abated.
F. In order to abate said nuisance, the city may cause the removal of said nuisance and complete the planned permitted work, or perform such other work as may be necessary or appropriate to abate the nuisance or may cause a licensed contractor to abate the nuisance in such manner for reasonable rates not in excess of prevailing rates for similar work within the city.
G. In the event the city manager finds that any public nuisance, above described in this section, within or upon any parcel of land is so serious and presents such an immediate menace or danger to the public health, safety and welfare that such nuisance should be immediately abated without first posting or mailing notices, as above provided, and without first giving the owner or owners of said parcel further time to abate the same, then in that event the city manager may immediately abate said nuisance or cause the same to be abated in the manner provided in subsection (F) of this section without first posting or mailing any notices and without giving the owner or owners of the parcel further time to abate the same. However, the city manager, if he or she abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately, as aforesaid, and he or she shall cause a copy of said report to be transmitted to the city manager and to be mailed within ten (10) days from and after completion of such abatement, to the owner or owners of the parcel within or upon which nuisance existed, as such owner or owners are shown on the last equalized assessment roll of the county of San Mateo, at their addresses as shown on said roll.
H. The city manager shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to this section, each public nuisance within or upon each separate parcel of land. To said costs and expenses, the city manager shall add an amount for overhead and administration and incidental expenses and shall submit them to the city council for confirmation an itemized written report showing all costs and expenses incurred by the city in abating each public nuisance.
I. A copy of city manager's report to the city council shall be posted for at least ten (10) days prior to its submission to the city council at the usual place where city notices are posted, together with a notice of the time and place when and where it will be submitted to the city council for a hearing. The notice shall state a time and place when and where property owners may appear and object to any matter contained in the report.
J. At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution.
K. After confirmation of the report, a certified copy of the same shall be filed with the county of San Mateo. The description of the parcels reported shall be those used for the same parcels on the county's assessor's map books for the current year.
L. The cost of abatement within or upon each parcel of land, as confirmed, constitutes a special assessment against that parcel, and upon such confirmation it is a lien on the parcel.
M. Laws relating to the levy, collection and enforcement of county taxes apply to such special assessment taxes.
N. The appropriate county official shall enter each assessment on the county tax roll opposite the parcel of land.
O. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.
P. As an alternate method, the county tax collector, in his or her discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.
Q. The city finance director may receive the amount due on the abatement cost and issue receipts at any time after confirmation of the report and until August 1st of the calendar year in which the report is confirmed.
R. The city council may order refunded all or part of a special assessment paid pursuant to this section if it finds that all or part of the special assessment has been erroneously levied. A special assessment or part shall not be refunded unless a claim is filed on or before March 1st next following the date the tax became due and payable. The claim shall be verified by the person who paid the tax, or his or her guardian, executor or administrator.
(Ord. 385 § 2, 1993).
15.01.400 Release of security.
Security deposited with the city for faithful performance of the grading and erosion control work and to finance necessary remedial work shall be released according to the following schedule:
A. Securities held against the successful completion of the work shown on the site map, grading plan and the interim plan, shall be released to the permittee at the termination of the permit, or the satisfactory completion of the grading operations, provided no action against such security is filed prior to that date;
B. Securities held against the successful completion of the work shown on the final plan shall be released to the permittee either one (1) year after termination of the permit or when the final plan is approved as completed, whichever is later, provided no action against such security has been filed prior to that date.
(Ord. 346 § 2(part), 1989).
15.01.410 Cumulative enforcement procedures.
The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive.
(Ord. 346 § 2(part), 1989).
GRAPHIC UNAVAILABLE: Click here
GRAPHIC UNAVAILABLE: Click here
NOTES:
1. PA means permit area boundary and/or property line; MFD means manufactured surface.
2. Setbacks shall also comply with applicable zoning regulations.
3. Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the city engineer.
4. "b" may be reduced to 5' minimum if an approved drainage device is used; roof gutters and downspouts may be required.
5. "b" may be reduced to less than 5' if no drainage is carried on this side and if roof gutters are included.
6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations.
7. "b" is measured from the face of the structure to the top of the slope.
8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances "d" may be reduced or recommended in the approved soil report and approved by the city engineer.
9. The use of retaining walls to reduce setbacks (Fig. B) must be approved by the city engineer.
10. "f" may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the city engineer.
11. "a" and "e" shall be 2' when PA coincides with Arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way.
12. "e" shall be increased as necessary for interceptor drains.
Chapter 15.04 Sections:
15.04.010 Purpose and authority.
15.04.020 Citation.
15.04.030 Application.
15.04.040 Conflicts with other laws, rules or regulations.
15.04.050 Adoption of Uniform Codes.
15.04.060 Modifications to administrative provisions.
15.04.070 Modifications to sprinkler system provisions.
15.04.080 Interpretation.
15.04.090 Disclaimer of liability.
15.04.010 Purpose and authority.
The purpose of this chapter is to adopt by reference the 2007 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations. This chapter is also adopted to provide minimum requirements and standards for the protection of the public safety, health, property and welfare of the city of Brisbane. This chapter is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5.
(Ord. 526 § 2(part), 2007).
15.04.020 Citation.
This chapter shall be known as the Brisbane Building Code, and may be cited as such, and will be referred to herein as "this code."
(Ord. 526 § 2(part), 2007).
15.04.030 Application.
This code shall be the exclusive source of regulations for all new construction and any alterations, repairs, relocations, or reconstruction of any building or any portion thereof, including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building.
(Ord. 526 § 2(part), 2007).
15.04.040 Conflicts with other laws, rules or regulations.
In the event of any conflict between this code and any law, rule or regulation of the state of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this code.
(Ord. 526 § 2(part), 2007).
15.04.050 Adoption of Uniform Codes.
Title 24 of the California Code of Regulations, 2007 Edition of the California Building Standards Code, is hereby adopted by reference and incorporated in this code, except as expressly amended or superseded by the provisions of this chapter, including the following parts:
A. Part 1: California Administrative Code, as modified by Section 15.04.060 of this chapter.
B. Part 2: California Building Code, 2007 Edition, Volumes 1 and 2, based on the 2006 International Building Code, including Appendix Chapters 1 (Administrative, as modified), G (Flood-Resistant Construction), H (Signs) and I (Patio Covers), as modified by Section 15.04.070 of this chapter.
C. Part 3: California Electrical Code, 2007 Edition, based on the 2005 Edition National Electric Code as published by the National Fire Protection Association, including appendix chapters.
D. Part 4: California Mechanical Code, 2007 Edition, based on the 2006 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including appendix chapters.
E. Part 5: California Plumbing Code, 2007 Edition, based upon the 2006 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including appendix chapters.
F. Part 6: California Energy Code, including appendix chapters.
G. Part 8: California Historical Code, including appendix chapters.
H. Part 9: For adoption of the 2007 Edition of the California Fire Code, and modifications thereof, see Chapter 15.44 of this title.
I. Part 10: California Existing Buildings Code, based on Appendix Chapter A1 of the 2006 International Existing Building Code as published by the International Code Council (ICC), including appendix chapters.
J. Part 12: California Referenced Standards Code, including appendix chapters.
K. Uniform Housing Code, 1997 Edition, Chapters 4, 5, 6 and Sections 701.2 and 701.3.
L. Uniform Swimming Pool, Spa and Hot Tub Code, 2006 Edition, as published by the International Association of Plumbing and Mechanical Officials.
(Ord. 526 § 2(part), 2007).
15.04.060 Modifications to administrative provisions.
The following modifications are made to the administrative provisions of the codes:
A. Chapter 1 of the California Building Code (Volume 1) is not adopted as part of this code, except for Sections 101, 102, 105 and 108.
B. Appendix Chapter 1 of the California Building Code (Volume 2) is adopted as part of this code and is amended as follows:
The following provisions are added to Section 108.4, Work Commencing Before Permit Issuance:
The fee for commencing work prior to permit issuance may be equal to ten times the regular permit fee for such work, to a maximum increase of $10,000.00 above the regular permit fee, as determined by the Building Official.
(Ord. 527 § 1, 2008: Ord. 526 § 2(part), 2007).
15.04.070 Modifications to sprinkler system provisions.
Section 903 amended– Automatic sprinkler systems. Section 903 of the Building Code is amended in its entirety to read as follows:
903 Automatic fire extinguishing systems.
(a) Notwithstanding any other provisions of this Code or any other code or ordinance of the City of Brisbane, automatic fire sprinkler systems, approved by the Fire Marshall, shall be installed in the following buildings and structures that are classified as new construction:
(1) For all occupancies except R-3 occupancies: Any new building or structure, regardless of size, except stand alone, uninhabitable buildings, garages and sheds having a floor area of less than 400 square feet.
(2) For all R-3 occupancies: Any new single-family or duplex structure, excluding any stand alone accessory structure that is not intended for human habitation having a floor area of less than 400 square feet.
(b) Sprinkler systems for existing buildings. Any existing building or structure which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed an automatic sprinkler system whenever the following condition is met:
When an existing building undergoes any alteration, renovation, or addition which exceeds 50% of the building's original gross area, as determined by the fire marshal, the entire building shall be protected by an automatic fire sprinkler system. Gross area shall be the area included within surrounding exterior walls.
Exceptions: Work involving exterior surfaces only, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.
(c) Where automatic fire sprinkler systems are required to be installed, the following additional requirements shall also be satisfied, as applicable:
1. A minimum of three (3) copies of plans and specifications for automatic sprinkler installations, plus water supply calculations, shall be provided to the Fire Department for review and approval prior to commencement of the installation work.
2. All required automatic sprinkler systems shall be approved by the Fire Department.
3. All acceptance tests and such periodic tests as required by the Fire Marshall or pursuant to NFPA Pamphlets No. 13, 13D, 13R and/or Subchapter 5, Title 19, California Code of Regulations, shall be conducted and, where applicable, witnessed by a representative of the Fire Department.
4. An approved exterior visual fire alarm device may be required for buildings that have numerous fire department connections (FDC's). Type and locations will be determined by the Fire Department. Such visual alarm devices are not to replace the exterior audible device, but to assist fire suppression personnel as to location(s) of systems which require pumping operations.
(Ord. 526 § 2(part), 2007).
15.04.080 Interpretation.
The provisions of this code are enacted for the public health, safety, and welfare and are to be liberally construed to obtain the beneficial purposes thereof as specified in Chapter 1 of the Building Code.
(Ord. 526 § 2(part), 2007).
15.04.090 Disclaimer of liability.
The provisions of this code shall not be construed as imposing upon the city of Brisbane any liability or responsibility for damage to persons or property resulting from defective work, nor shall the city of Brisbane or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this code of any permits or certificates issued under this code.
(Ord. 526 § 2(part), 2007).
Chapter 15.08 Sections:
15.08.010 Building official-Defined.
15.08.020 Building official-Responsibilities generally.
15.08.030 Building official-Enforcement authority.
15.08.040 Building official-Right of entry for inspection.
15.08.050 Building official-Work stop orders.
15.08.060 Building official-Authority to order discontinuance of use upon noncompliance.
15.08.070 Building official-Authority to order discontinuance of utility service.
15.08.080 Building official-Nonliability.
15.08.090 Building official-Assistance of other officials.
15.08.100 Building official-Account of fees and moneys collected.
15.08.110 Existing buildings.
15.08.120 Building or structure defined.
15.08.130 Additions, alterations or repairs-Compliance with construction codes.
15.08.140 Additions or alterations in excess of fifty percent of value or area.
15.08.145 Additions, alterations or repairs-Seismic safety.
15.08.180 Replacement of roof coverings on existing buildings.
15.08.190 Continuance of existing uses-Certificate of occupancy required for changes.
15.08.200 Maintenance of buildings and structures.
15.08.210 Compliance of buildings or structures moved into city.
15.08.220 Unsafe buildings-Generally.
15.08.230 Unsafe buildings-Defined-Nuisance declared-Abatement.
15.08.240 Unsafe buildings-Unsanitary plumbing systems declared nuisance.
15.08.250 Unsafe buildings-Dangerous electrical systems declared nuisance.
15.08.260 Unsafe buildings-Unsafe appendages declared nuisance.
15.08.270 Unsafe buildings-Order by building official to discontinue use.
15.08.280 Violation-Penalty.
15.08.010 Building official-Defined.
The term "building official" refers to the city manager of the city and his/her designated representative. The city manager, with the approval of the city council, may provide for building inspection services to be performed by contract with the County of San Mateo or other public or private agency. Whenever this code or the construction codes use the terms "administrative authority," "responsible official," "chief inspector," or "code enforcement officer" they shall mean the "building official" as defined in this section.
(Ord. 359 § 1, 1991: Ord. 243 § 1007, 1978).
15.08.020 Building official-Responsibilities generally.
The responsibilities of the building official are as set forth in Sections 15.08.030 through 15.08.100.
(Ord. 243 § 1008(part), 1978).
15.08.030 Building official-Enforcement authority.
The building official is authorized and directed to enforce all the provisions of this code and the construction codes within the city.
(Ord. 243 § 1008(a), 1978).
15.08.040 Building official-Right of entry for inspection.
A. Whenever necessary to make an inspection to enforce any of the provisions of this code or the construction codes, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, dangerous, or hazardous, the building official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official; provided, that if such building or premises are occupied, he shall first present proper credentials and demand entry. If such entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.
B. No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as provided in subsection A of this section, promptly to permit entry therein by the building official for the purpose of inspection and examination pursuant to this code or the construction codes.
(Ord. 243 § 1008(b), 1978).
15.08.050 Building official-Work stop orders.
A. Whenever any building work or installation work is being done contrary to the provisions of this code and the construction codes, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed therewith.
B. If the person to whom the stop work order is directed fails to comply therewith, the building official may:
1. Request that the city council direct the city attorney to seek appropriate civil remedies to insure compliance;
2. Request that the city attorney prosecute the person for a criminal violation of this code or the construction codes.
(Ord. 243 § 1008(c), 1978).
15.08.060 Building official-Authority to order discontinuance of use upon noncompliance.
Whenever any building or structure or equipment therein regulated by this code and the construction codes is being used contrary to the provisions thereof, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person responsible for such use. Such person shall discontinue the use within ten (10) days after receipt of such notice or cause the structure, or portion thereof, to comply with the requirements of said codes.
(Ord. 243 § 1008(d), 1978).
15.08.070 Building official-Authority to order discontinuance of utility service.
The building official shall have the authority to disconnect or order discontinuance of any utility service or energy supply to buildings, structures, or equipment therein regulated by this code and the construction codes, in cases of emergency or where necessary for safety to life and property. Such utility service shall be discontinued until the equipment, appliances, devices, piping, or wiring found to be defective or defectively installed are removed or restored to a safe condition.
(Ord. 243 § 1008(e), 1978).
15.08.080 Building official-Nonliability.
Neither the city nor the building official shall be liable for any damages or injuries accruing to persons or property as a result of any act or omission by the building official in the discharge of his duties under this code or the construction codes.
(Ord. 243 § 1008(f), 1978).
15.08.090 Building official-Assistance of other officials.
The building official may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials and officers of public and private utilities.
(Ord. 243 § 1008(g), 1978).
15.08.100 Building official-Account of fees and moneys collected.
The building official shall keep a permanent, accurate account of all fees and other moneys collected and received under this code and the construction codes, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.
(Ord. 243 § 1008(h), 1978).
15.08.110 Existing buildings.
The provisions set forth in Sections 15.08.120 through 15.08.210 shall govern additions, alterations, and repairs to, and changes of use or occupancy in, existing buildings.
(Ord. 243 § 1009(part), 1978).
15.08.120 Building or structure defined.
For purposes of Sections 15.08.110 through 15.08.210, the terms "building" or "structure" include any heating, cooling, ventilating, or similar mechanical equipment or system, any electrical equipment or system, and any plumbing equipment or system governed by the construction codes.
(Ord. 243 § 1009(a), 1978).
15.08.130 Additions, alterations or repairs-Compliance with construction codes.
Any addition, alteration, or repair to, or change of use of, or occupancy in a building or structure shall comply with the provisions for new buildings and structures set out in the construction codes, except as may otherwise be provided in Sections 15.08.140 through 15.08.210, and in Section 502 of the Uniform Building Code, latest adopted edition.
(Ord. 243 § 1009(b), 1978).
15.08.140 Additions or alterations in excess of fifty percent of value or area.
A. When additions or alterations to a lawfully constructed building or structure which are made within any five (5) year period exceed either: (1) fifty percent (50%) of the market value of the pre-existing building or structure; or (2) fifty percent (50%) of the floor area of the pre-existing building or structure, as determined by the building official, then except as otherwise provided in subsection C of this section, the pre-existing building or structure shall be brought into conformity with such of the standards for new construction as the building official may determine to be necessary or appropriate to eliminate existing health or safety hazards, including, but not limited to, defects in structural integrity, defective or inadequate electrical installations, defective or inadequate sanitary sewer or storm drainage facilities, and substandard street access to the property.
B. For the purposes of making the determinations required by subsection A of this section, the following definitions, rules of interpretation, and procedures shall be applied:
1. Additions or alterations performed at different periods of time shall be considered to have been made within a five (5) years period if any building permits are issued or any work is commenced within five (5) years following the date of completion of any earlier work on the same building or structure. The date of completion shall normally be established as the date on which final inspection approval of the earlier work is granted by the city.
2. The "floor area" of a building or structure shall mean the sum of the gross horizontal areas of all floors of a building or structure measured from the interior face of the exterior walls, but excluding each of the following:
a. Any area where the floor to ceiling height is less than six (6) feet; or
b. Any detached garage or other detached accessory structure which does not constitute habitable space; or
c. The area of any minor expansion not exceeding a cumulative total of four hundred (400) square feet, permitted to be made under the provisions of Section 17.34.110 of this title.
3. The "standards for new construction" shall mean: (a) the requirements of the buildings code adopted by this Title 15; and (b) the storm water management and discharge requirements established by Chapter 13.06 of this code; and (c) the standard specifications and street standards adopted by Section 12.24.010 of this code.
4. Replacements or repairs which do not essentially change the original size, configuration, and habitable floor area of the building or structure, as determined by the building official, shall not be considered as additions or alterations subject to the provisions of this section.
5. The building official may require the applicant to furnish evidence of market value of the building or structure prior to the performance of any additions or alterations and the estimated value of the building or structure after all such work has been completed, but in making the determinations of market value, the building official shall not be limited to such evidence and may consider any other information the building official deems appropriate.
C. Where an existing building or structure is required by this section to be brought into conformity with the standards for new construction, the building official shall have authority in individual cases to grant modifications of any such requirements, if the building official is able to find and determine that:
1. Compliance with the requirement will cause practical difficulties or unreasonable hardship; and
2. The modification does not reduce any requirements for fire protection or any requirements relating to structural support and integrity; and
3. The modification does not create any new or increased hazard to the health or safety of the occupants of the existing building or structure.
D. This section is intended to establish requirements which are in addition to, and not in replacement of, any other ordinance, rule, regulation, or policy of the city which may be applicable to the proposed development project, including any of the uniform codes adopted by this title and include also any policy adopted in the Brisbane general plan.
E. Where the requirements of subsection A of this section are not applicable because the additions or alterations do not exceed fifty percent (50%) of the market value or fifty percent (50%) of the floor area of the pre-existing building or structure, the proposed development shall nevertheless comply with the requirements of Section 17.01.060 of the zoning ordinance unless: (1) the pre-existing building or structure is located upon a lot of record, as such term is defined in Chapter 17.02 of the zoning ordinance, and (2) a public street abutting such lot of record provides the principal means of access to that lot.
(Ord. 451 § 1, 2000: Ord. 417 § 13, 1997; Ord. 411 § 1, 1997: Ord. 243 § 1009(c), 1978).
15.08.145 Additions, alterations or repairs-Seismic safety.
A. This section shall apply to any addition, alteration or repair to any existing tilt-up concrete building or structure which does not otherwise result in the requirement under this chapter that the building or structure in its entirety conform with the requirements for new buildings or structures.
B. Application to Existing Buildings in Seismic Zones Nos. 3 and 4.
1. General. Existing buildings within Seismic Zones 3 and 4 to which additions, alterations or repairs are made, or in which the occupancy or use for all or a portion of the building is to change from that for which a permit has been issued, shall comply with this section.
2. Additions to Buildings, Vertical Extension. Additions to buildings may be extended vertically provided all new construction work involved in the vertical extension shall comply with the requirements of this code and the structure as a whole shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition.
3. Alterations or Repairs to Buildings.
a. General. In any alteration, repair, installation, or change or reconstruction of any buildings, the new work and any part of the building which becomes an integral part of, or is directly affected by, the new work shall comply with the requirements of this code.
b. Nonstructural Alterations or Repairs.
i. Extent. The extent of any existing building that is considered as being directly affected by new nonstructural alteration work, and thus to be included in the application of subsections (ii) and (iii) below, shall be determined by the provisions of Section 502 of the Uniform Building Code if applicable, and include all new work added to the building that did not previously exist in the building, and include all work which is removed, replaced, relocated and/or altered for reuse.
ii. Wall and Partition Alterations. When seventy-five (75) percent of the existing interior walls or partitions on a floor, as measured by the lineal footage of such interior wall and partition, are removed or relocated, or when new interior walls or partitions are added which exceed seventy-five (75) percent of the total lineal footage of the combined existing and new interior walls and partitions that would then be installed on a floor, all interior walls and partitions on the floor affected by the alteration shall comply with this code.
iii. Substantial Change. Whenever a nonstructural alteration involves substantial changes to elements such as walls, partitions, ceilings, mechanical and electrical systems on seventy-five (75) percent of the areas of floors, excluding basements, the building as a whole shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition. The term "substantial change" includes the addition, removal, repair, modification and refurbishment of such elements. All such work included in alteration permits issued within two (2) years of the date of a permit application shall be included in the determination of whether the application(s) consists of substantial changes to the building.
c. Structural Alterations or Repairs. Whenever any alteration involves substantial changes to the vertical load-carrying system and/or the seismic force-resisting system in portions of the building, the building as a whole shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition.
4. Additions to Buildings, Horizontal Extensions. When the cumulative area of additions with horizontal extensions above grade exceeds thirty (30) percent of the above grade area of the original building, the entire building shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition. For any additions with horizontal extensions to buildings of unreinforced masonry wall construction, the entire building shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition.
5. Increase in Occupant Load. Whenever the cumulative areas involve an increase in occupant load from that for which the building was originally designed, and involve an increase that exceeds thirty (30) percent of the original occupant load assigned to the above grade area of the building, the building shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition. When the occupant load is increased for a Group A building with an occupant load over three hundred (300), the entire building shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition. When the occupant load is increased for a building of unreinforced masonry wall construction, the entire building shall comply with the seismic regulations contained in Section 2314 of the Uniform Building Code, 1973 Edition.
(Ord. 354 § 2, 1990).
15.08.180 Replacement of roof coverings on existing buildings.
Where ten percent (10%) or more of the roof area of a wood roof or fifty percent (50%) or more of the roof area of a non-wood roof will be replaced within any twelve (12) month period, the new roof covering shall comply with the requirements applicable to new buildings and structures.
(Ord. 438 § 5, 1999: Ord. 243 § 1009(g), 1978).
15.08.190 Continuance of existing uses-Certificate of occupancy required for changes.
A. Buildings or structures in existence at the time of the passage of this code may continue in their existing use or occupancy, if such use or occupancy was legal at the time of passage, provided such continued use is not dangerous to life.
B. No change in the character of occupancy or use of a building or structure shall be made without a certificate of occupancy. The building official may issue a certificate of occupancy without certifying that the building complies with all the provisions of these codes, so long as he finds doing so will not endanger life.
(Ord. 243 § 1009 (h), 1978).
15.08.200 Maintenance of buildings and structures.
All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the construction codes in a building or structure when erected, altered, or repaired, shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of buildings and structures.
(Ord. 243 § 1009(i), 1978).
15.08.210 Compliance of buildings or structures moved into city.
Any building or structure moved into the city, within the jurisdiction of the building official, shall meet the standards required by the construction codes for new buildings and structures.
(Ord. 243 § 1009(j), 1978).
15.08.220 Unsafe buildings-Generally.
The provisions of Sections 15.08.230 through 15.08.270 shall govern unsafe buildings.
(Ord. 243 § 1010(part), 1978).
15.08.230 Unsafe buildings-Defined-Nuisance declared -Abatement.
All buildings or structures which are structurally unsafe or which are not provided with adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in the construction codes, are deemed, for the purpose of Sections 15.08.220 through 15.08.270 to be unsafe buildings. All such unsafe buildings are declared to be public nuisances and shall be abated through repair, rehabilitation, demolition, or removal in accordance with the procedures provided by law.
(Ord. 243 § 1010(a), 1978).
15.08.240 Unsafe buildings-Unsanitary plumbing systems declared nuisance.
Any portion of a plumbing system or any construction or work regulated by the construction codes found or determined to be unsanitary as defined in this code or the construction codes, or otherwise a menace to life, health, or property, is declared to be a public nuisance.
(Ord. 243 § 1010 (b), 1978).
15.08.250 Unsafe buildings-Dangerous electrical systems declared nuisance.
Any portion of an electrical system or any construction or work regulated by the construction codes found or determined to be dangerous or hazardous as defined in this code or in the construction codes, or otherwise a menace to life, health or property, is declared to be a public nuisance.
(Ord. 243 § 1010(c), 1978).
15.08.260 Unsafe buildings-Unsafe appendages declared nuisance.
Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or are otherwise unable to sustain the design loads which are specified in this code, are designated as unsafe building appendages. All such unsafe building appendages are declared to be public nuisances and shall be abated in accordance with procedures provided by law.
(Ord. 243 § 1010(d), 1978).
15.08.270 Unsafe buildings-Order by building official to discontinue use.
A. The building official shall order the owner and any other responsible parties to discontinue the use or maintenance of unsafe conditions as described in Sections 15.08.220 through 15.08.260 and to repair, alter, change, remove, or demolish same as is necessary for the protection of life, health and property.
B. Every order issued under this section shall be in writing, addressed to the owner, agent, or party responsible for the premises on which the unsafe condition exists and shall specify the date or time for compliance with such order. In the event the building official is unable to reach the owner or other responsible party in this manner, he shall cause the premises to be posted for a period of at least two (2) weeks with a notice specifying the date or time for compliance with such order.
C. Refusal, failure or neglect to comply with such order shall constitute a separate violation of this code and the construction codes.
(Ord. 243 § 1010(e), 1978).
15.08.280 Violation-Penalty.
A. It is unlawful for any person, firm, or corporation to erect, install, construct, enlarge, alter, repair, move, improve, remove, replace, convert, equip, use, occupy, maintain or demolish any building, structure or equipment therein regulated by this code or the construction codes, or cause the same to be done, contrary to or in conflict with or in violation of any of the provisions of said code or codes.
B. Any person, firm, or corporation violating any of the provisions of this code or the construction codes shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. The penalties set forth herein are cumulative and shall not preclude the imposition of any other fine or penalty specified in this code or otherwise permitted by law, including a penalty fee for commencing work without a permit as prescribed by Section 15.12.150 of this title.
C. Each separate day or any portion thereof during which any violation of this code or of the construction codes occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as provided in this section.
(Ord. 526 § 3, 2007; Ord. 243 § 1004, 1978).
Chapter 15.12 Sections:
15.12.010 Permits-Required.
15.12.020 Permits-Application.
15.12.030 Plans and other data-Generally.
15.12.040 Plans and other data-Submittal with permit application.
15.12.050 Plans and other data-Preparation by licensed engineer or architect.
15.12.060 Plans and other data-Specifications.
15.12.070 Plans and other data-Environmental heating or cooling systems, absorption systems, ventilation systems and hoods.
15.12.075 Plans and other data-Street improvement plans.
15.12.080 Plans and other data-Computations, stress diagrams and other data required by building official.
15.12.090 Plans and other data-Distribution of copies.
15.12.100 Plans and other data-Submittal not required when.
15.12.110 Plans and other data-Not accepted when illegible or incomplete.
15.12.120 Effect of issuance of permits or approval of plans.
15.12.130 Permits-Expiration.
15.12.140 Permits-Suspension and revocation.
15.12.150 Penalty fee for commencing work without permit.
15.12.160 Building permit-Issuance procedure.
15.12.170 Building permit-Application-Conditions of issuance.
15.12.180 Building permit-Endorsement by building official.
15.12.190 Building permit-Partial construction.
15.12.200 Building permit-Fee.
15.12.210 Mechanical, electrical and plumbing permits-Issuance procedure.
15.12.220 Mechanical, electrical and plumbing permits-Application-Conditions of issuance.
15.12.230 Mechanical, electrical and plumbing permits-Fee.
15.12.270 Plan check fees.
15.12.290 Fees set by resolution.
15.12.010 Permits-Required.
A. Permits Required. 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, except as specified in subsection B of this section, or cause the same to be done without first obtaining a separate permit for each building or structure from the building official.
B. Exempted Work. A building permit will not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed one hundred twenty (120) square feet.
2. Fences not over six (6) feet high.
3. Oil derricks.
4. Cases, counters and partitions not over five (5) feet high.
5. Retaining walls which are not over four (4) feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge or impounding flammable liquids.
6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5000) gallons and the ratio of height to diameter or width does not exceed two to one.
7. Platforms, walks and driveways not more than thirty (30) inches above grade and not over any basement or story below.
8. Painting, papering and similar finish work.
9. Temporary motion picture, television and theater stage sets and scenery.
10. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than fifty-four (54) inches.
11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5000) gallons.
Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
(Ord. 291 § 1(part), 1983: Ord. 243 § 1011, 1978).
15.12.020 Permits-Application.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:
A. Identify and describe the work to be covered by the permit for which application is made;
B. Describe the land on which the proposed work is to be done, by lot, block, and tract, and house and street address, or similar description that will readily identify and designate with reasonable certainty the proposed building or work;
C. Indicate the use or occupancy for which the proposed work is intended;
D. Be signed by the permittee, or his authorized agent, together with evidence as required to indicate such authority;
E. Be accompanied by plans, diagrams, computations, specifications, and other data as required;
F. Give such other information as reasonably may be required by the building official.
(Ord. 243 § 1012, 1978).
15.12.030 Plans and other data-Generally.
Plans and other data may be required by the building official in accordance with the provisions of Sections 15.12.040 through 15.12.110.
(Ord. 243 § 1013(part), 1978).
15.12.040 Plans and other data-Submittal with permit application.
For enforcement of any provisions of this code or construction codes, plans, diagrams, and other data shall be submitted in two (2) sets with each application for a permit.
(Ord. 243 § 1013(a), 1978).
15.12.050 Plans and other data-Preparation by licensed engineer or architect.
The building official may require the plans and other data to be prepared and designed by an engineer or architect licensed by the state to practice as such.
(Ord. 243 § 1013(b), 1978).
15.12.060 Plans and other data-Specifications.
Plans and other data shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the building, structure, or system will conform to the provisions of this code and the construction codes and all relevant laws, ordinances, rules and regulations. The first sheet of each set of building plans shall give the street address of the work and the name and address of the owner or his lessee and person who prepared them. Building plans shall also include a plot showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to specific sections or parts of said codes of other ordinances or laws.
(Ord. 243 § 1013(c), 1978).
15.12.070 Plans and other data-Environmental heating or cooling systems, absorption systems, ventilation systems and hoods.
Plans or specifications for the installation of environmental heating or cooling systems, absorption systems, ventilation systems and hoods shall show the following:
A. Layout for each floor with dimensions of all work spaces and a legend of all symbols used;
B. Location, size, and materials of all piping;
C. Location, size, and materials of all air ducts, air inlets, and air outlets;
D. Location of all fans, warm-air furnaces, boilers, absorption units, refrigerant compressors, and condensers, and the weight of all pieces of such equipment weighing two hundred (200) pounds or more;
E. Rated capacity or horsepower of all boilers, warm-air furnaces, heat exchangers, blower fans, refrigerant compressors and absorption units;
F. Location, size, and material of all combustion products, vents, and chimneys;
G. Location and area of all ventilation and combustion air openings and ducts;
H. Location of all air dampers and fire shutters.
(Ord. 243 § 1013(d), 1978).
15.12.075 Plans and other data-Street improvement plans.
For any undeveloped lot which is on an unimproved street or on a street for which, in the opinion of the city engineer, additional or future street improvements can be anticipated, the following information shall be provided for any application for a building permit:
A. A precise plot plan showing existing topography, boundary lines, location of structures, finished grades, and utility services;
B. A street improvement plan prepared by a registered civil engineer, showing grades and dimensions, existing and proposed retaining walls, and indicating that the driveway will function properly and adequately tie into the existing roadbed, based on the vertical and horizontal alignment as approved by the city engineer, consistent with the standards adopted by the city;
C. Prior to beginning any construction, the applicant for a building permit shall submit a certification by a registered civil engineer or licensed land surveyor that the property corners have been set;
D. Prior to issuance of the occupancy permit, an "as-built" street plan shall be submitted to the city, certified by the civil engineer responsible for the plan.
(Ord. 495 § 4, 2005).
15.12.080 Plans and other data-Computations, stress diagrams and other data required by building official.
Computations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the building official. Plans for buildings more than two (2) stories in height of other than conventional construction shall indicate how required structural integrity and fire resistance will be maintained where a penetration will be made for electrical, mechanical, plumbing, and communications conduits, pipes, and similar systems.
(Ord. 243 § 1013(e), 1978).
15.12.090 Plans and other data-Distribution of copies.
One set of approved plans, computations, and data shall be retained by the building official for a period of not less than ninety (90) days from date of completion of the work covered therein, and one set of approved plans and data shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress.
(Ord. 243 § 1013(f), 1978).
15.12.100 Plans and other data-Submittal not required when.
When authorized by the building official, plans or other data need not be submitted for the following:
A. One-story buildings of conventional wood-stud construction with an area not exceeding six hundred (600) square feet;
B. Work which, in the determination of the building official, is small and unimportant.
(Ord. 243 § 1013(g), 1978).
15.12.110 Plans and other data-Not accepted when illegible or incomplete.
The building official need not accept plans or other data which are not legible and complete or do not conform with the provisions of Sections 15.12.030 through 15.12.100.
(Ord. 243 § 1013(h), 1978).
15.12.120 Effect of issuance of permits or approval of plans.
A. The issuance or granting of any permit or approval of plans or other data shall not be construed to be a permit for, nor an approval of, any violation of any of the provisions of this code or the construction codes.
B. The issuance of a permit based upon plans and other data shall not prevent the building official from thereafter requiring the correction of errors in the plans and data or from preventing building operations being carried on thereunder when the plans or data are in violation of this code, of the construction codes, or of any other applicable statute, ordinance, rule or regulation.
C. The issuance or granting of a permit or approval of plans shall not prevent the building official from revoking any certificate of approval which has been issued in error.
(Ord. 243 § 1014, 1978).
15.12.130 Permits-Expiration.
A. Every permit issued by the building official under the provisions of this code shall expire and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days at any time after work is commenced. Before such work can be recommenced, a new permit shall be first obtained therefor, the fee for which shall be one-half ( 1/2) the amount required for a new permit for such work; provided, that no changes have been made or will be made in the original plans or scope of such work; and, provided further, that such suspension or abandonment has not exceeded one year. The building official may, in his discretion, waive the operation of this section where delay in commencing work or the suspension of work has been caused by acts of God.
B. Single-family residential permits are valid for one year and are renewable for additional periods of one year each. The building official is authorized to grant renewals, based upon a finding that work on the project is continuing in a satisfactory manner, or that there are justifiable reasons for postponement or delay of the work.
C. All other permits are valid for two (2) years and are renewable for additional periods of one year each. The building official is authorized to grant renewals, based upon a finding that work on the project is continuing in a satisfactory manner, or that there are justifiable reasons for postponement or delay of the work.
(Ord. 526 § 4, 2007; Ord. 291 § 1(part), 1983; Ord. 243 § 1015, 1978).
15.12.140 Permits-Suspension and revocation.
The building official may, in writing, suspend or revoke a permit issued under provisions of this code or the construction codes whenever the permit is issued in error or on the basis of incorrect information supplied, or is in violation of any ordinance or regulation or any of the provisions of said codes.
(Ord. 243 § 1016, 1978).
15.12.150 Penalty fee for commencing work without permit.
A. Whenever any construction or work for which a permit is required by this code or the construction codes is commenced without the prescribed permits having been first obtained, a penalty fee of ten (10) times the amount of the required permit fee shall be paid, in addition to the permit fee. The penalty fee shall in no event exceed a maximum of ten thousand dollars ($10,000.00). Notwithstanding the foregoing, if the person performing the construction work is the property owner and the valuation of the work does not exceed one thousand dollars ($1,000.00), the penalty shall be one times the amount of the required permit fee in addition to the permit fee.
B. The payment of penalty fees for commencing work without a permit shall not relieve any person from fully complying with the requirements of this code or the construction codes in the execution of the work; and the payment of such fees shall not relieve any person from any other fines or penalties that may be imposed pursuant to any other provisions of this title.
(Ord. 526 § 5, 2007: Ord. 262 § 1, 1980: Ord. 243 § 1017, 1978).
15.12.160 Building permit-Issuance procedure.
The building official shall issue building permits in accordance with the procedure set forth in Sections 15.12.170 through 15.12.200.
(Ord. 243 § 1018(part), 1978).
15.12.170 Building permit-Application-Conditions of issuance.
A. Application, plans, and specifications filed by an applicant for a permit to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure governed by the Uniform Building Code, latest adopted edition, and by the supplements thereto, or to cause the same to be done, shall be checked by the building official. Such plans may be reviewed by the planning commission, environmental health officer, engineer, and by other departments of the city and by other public agencies having jurisdiction over such proposed erection, construction, enlargement, alteration, repair, move, improvement, removal, conversion, or demolition. The building official may refuse to issue a permit until any such city department or public agency having such jurisdiction has given its approval of the work to be performed.
B. If the building official is satisfied that the work described in the application for a permit and the plans therewith conform with the requirements of this code, the Uniform Building Code, latest adopted edition, together with supplements thereto, the other construction codes, and other pertinent laws and ordinances, and that the fee specified in Sections 15.12.240 and 15.12.250 has been paid, he shall issue a permit for such work to the applicant.
(Ord. 243 § 1018(a)(part), 1978).
15.12.180 Building permit-Endorsement by building official.
When the building official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "APPROVED." Such approved plans and specifications shall not thereafter be changed, modified, or altered without written authorization by the building official. All work shall be done in accordance with the approved plans and specifications.
(Ord. 243 § 1018(a)(part), 1978).
15.12.190 Building permit-Partial construction.
The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved; provided, that adequate information and detailed statements concerning such part of the building or structure have been filed and comply with all pertinent requirements of this code. The holder of such permit for partial construction shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.
(Ord. 243 § 1018(a)(part), 1978).
15.12.200 Building permit-Fee.
A fee for each permit issued shall be paid to the building official as set forth in Section 15.12.240.
(Ord. 243 § 1018(b), 1978).
15.12.210 Mechanical, electrical and plumbing permits-Issuance procedure.
The building official shall issue mechanical, electrical, and plumbing permits in accordance with the procedure set forth in Sections 15.12.220 through 15.12.230.
(Ord. 243 § 1019(part), 1978).
15.12.220 Mechanical, electrical and plumbing permits-Application-Conditions of issuance.
A. The application and any required plan and data filed by an applicant for a mechanical, electrical, or plumbing permit shall be checked by the building official. If the building official is satisfied that the work described and the application conform to the requirements, respectively, of the Uniform Mechanical Code, latest adopted edition, the National Electrical Code, latest adopted edition, and the Uniform Plumbing Code, latest adopted edition, the supplements thereto, and other pertinent laws and ordinances, and that the fee specified in Section 15.12.240 has been paid, he shall issue a permit therefor to the applicant.
B. The building official may issue a working, maintenance, or interim permit to a qualified applicant where he is satisfied that the full scope of the proposed work is unknown at the time of application and further that adequate information and statements have been filed indicating compliance with the requirement of said codes. All such interim permits issued shall be supplemented by a regular permit as the scope of the work in progress becomes known.
(Ord. 243 § 1019(a), 1978).
15.12.230 Mechanical, electrical and plumbing permits-Fee.
A fee for each permit issued shall be paid to the building official as set forth in Section 15.12.240.
(Ord. 243 § 1019(b), 1978).
15.12.270 Plan check fees.
A. Whenever plans or other data are required to be checked to verify compliance with provisions of the construction codes before issuance of a permit under this code, plan checking fees shall be charged as follows:
1. The plan check fee for a residential (Group F) permit shall be forty percent (40%) of the permit fee.
2. The plan check fee for all other permits shall be sixty percent (60%) of the permit fee.
All plan check fees shall in no event be less than twenty-five dollars ($25.00) and shall be paid in addition to the permit fees.
B. Applications for which no permit is issued within one hundred eighty (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 one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall 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.
(Ord. 526 § 6, 2007; Ord. 291 § 1(part), 1983: Ord. 243 § 1022, 1978).
15.12.290 Fees set by resolution.
Henceforth, the amount of the fees required to be paid pursuant to the provisions of this code, and/or the construction codes, shall be set by resolution of the city council.
(Ord. 243 § 1024, 1978).
Chapter 15.16 Sections:
15.16.010 Requirement.
15.16.020 Types.
15.16.030 Time of occurrence for certain inspections.
15.16.040 Liability for certain expenses.
15.16.050 Connection to power supply.
15.16.060 Requests for inspection.
15.16.070 Posting of inspection record card.
15.16.080 Approval to proceed with construction.
15.16.090 Final inspection and approval.
15.16.100 Other inspections.
15.16.110 Reinspections.
15.16.120 Special inspections-Authorized.
15.16.130 Special inspections-Required when.
15.16.140 Special inspections-Qualifications and responsibilities of inspector.
15.16.150 Special inspections-Waiver of requirement.
15.16.160 Special inspections-Performed periodically.
15.16.170 Special inspections-Exemption of fabricators.
15.16.010 Requirement.
All construction, work, and equipment for which a permit is required by this code or the construction codes shall be subject to inspections by the building official, and certain types of construction shall have continuous inspection by special inspectors, as specified in this chapter.
(Ord. 243 § 1025, 1978).
15.16.020 Types.
Among the principal types of inspections required by this code and the construction codes are the following:
A. Foundation inspection;
B. Frame inspection;
C. Lath or wallboard inspection;
D. Final inspection.
(Ord. 243 § 1026, 1978).
15.16.030 Time of occurrence for certain inspections.
Inspections shall be made as follows:
A. Inspections other than those listed in subsection B of this section shall be made in accordance with the following principles:
1. That portion of any construction, work, and equipment intended to be concealed by any permanent portion of the building shall not be concealed until inspected and approved.
2. When any construction, work, or equipment is complete, a second or final inspection shall be made.
B. The inspections listed below shall be made at the times described:
1. A foundation inspection shall be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job.
2. A frame inspection shall be made after the roof, all framing, fire-blocking, and bracing are in place and all pipes, chimneys, and vents are complete.
3. A lath and/or wallboard inspection shall be made after all lathing and/or wallboard interior and exterior is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.
4. A final inspection shall be made after the building is completed and ready for occupancy.
(Ord. 243 § 1027, 1978).
15.16.040 Liability for certain expenses.
The building official shall not be liable for any expense entailed in the removal or replacement of any material required to allow an inspection.
(Ord. 243 § 1028, 1978).
15.16.050 Connection to power supply.
No construction, work, and equipment regulated by these codes shall be connected to any energy, fuel, or power supply until authorized by the building official.
(Ord. 243 § 1029, 1978).
15.16.060 Requests for inspection.
A. The building official, upon notification from the permit holder or his agent, shall make appropriate inspections and shall either approve that portion of the construction, work, or equipment as complete, or shall notify the permit holder or his agent that the same fails to comply with the uniform construction administration code or the construction codes.
B. The building official may require that every request for inspection be filed at least one (1) day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.
C. It shall be the duty of the person requesting any inspection to provide access to and means for proper inspection.
(Ord. 243 § 1030, 1978).
15.16.070 Posting of inspection record card.
Work requiring a building permit shall not be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place on the front of the premises and in such position as to allow the building official conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained in such position by the permit holder until the building or structure is completed, and ready for occupancy.
(Ord. 243 § 1031, 1978).
15.16.080 Approval to proceed with construction.
No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in this chapter.
(Ord. 243 § 1032, 1978).
15.16.090 Final inspection and approval.
There shall be a final inspection and approval on all buildings when completed and ready for occupancy. A final inspection approval may, upon notice, be revoked by the building official if he finds that any construction, work, or equipment fails in any respect to comply with the requirements of these codes, or that the installation is unsafe, dangerous, or a hazard to life or property.
(Ord. 243 § 1033, 1978).
15.16.100 Other inspections.
The building official may require such other inspection as described in this section:
A. A survey of any lot may be required by the building official to verify compliance with approved plans.
B. In addition to the inspections specified above in this chapter, the building official may make or require any other inspections of any construction work to ascertain compliance with the provisions of this code, the construction codes, and other applicable laws enforced by the city.
(Ord. 243 § 1034, 1978).
15.16.110 Reinspections.
The building official shall make reinspections as provided in this section and may charge such fees therefor as authorized in this section.
A. Where an inspection has found any work or construction to be incomplete or not to conform with this code and the construction codes, a reinspection is required.
B. To obtain a reinspection the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee assessed, if any.
C. A reinspection fee may be assessed by the building official where the reinspection is made necessary by:
1. A failure to post the permit card properly on the work site;
2. The unavailability to the inspector of the approved plans;
3. A failure to provide access to the inspector on the date for which the inspection is requested;
4. Unauthorized deviation from plans;
5. Request for inspection made prior to the time the work to be inspected is complete;
6. A failure to make the corrections called for on previous inspections.
D. Where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(Ord. 243 § 1035, 1978).
15.16.120 Special inspections-Authorized.
Notwithstanding the procedure set out in Section 15.16.060, the building official may authorize special inspections in accordance with the provisions set forth in Sections 15.16.130 through 15.16.170.
(Ord. 243 § 1036(part), 1978).
15.16.130 Special inspections-Required when.
The building official may require the owner to employ a special inspector in connection with the following work:
A. During the taking of concrete test specimens and placing of all reinforced concrete and pneumatically placed concrete. Exempt herefrom are the following:
1. Concrete for foundations conforming to minimum requirements of Table 29-A of the Uniform Building Code, latest adopted edition, and for Group I and Group J, Division 1 Occupancies, provided the building official finds no special hazards exist,
2. Concrete for foundations, when the structural design is based on a Fc no greater than two thousand (2,000) psi,
3. Nonstructural slabs on grade, including prestressed slabs on grade when effective prestress in concrete is less than one hundred fifty (150) pounds per square inch,
4. Site work concrete fully supported on earth and concrete where no special hazard exists;
B. Ductile moment-resisting concrete frames as required by Section 2626(h) of the Uniform Building Code, latest adopted edition;
C. During the stressing and grouting of prestressed concrete and during the placing of reinforcing steel, placing of tendons and prestressing steel for all concrete; the inspection of steel placement can be by periodic inspection as defined in Section 15.16.160;
D. All structural welding, including welding of reinforcing steel; ductile moment-resisting steel frames shall be inspected as required by Section 2722(g) of the Uniform Building Code, latest adopted edition. The building official may exempt from special inspection structural welding:
1. When such welding is done in an approved fabricator's shop,
2. Flood and deck welding and welded studs when used for structural diaphragm or composite systems with the approval of the building official. Such welding may be inspected periodically in accordance with Section 15.16.150. For periodic inspection, the inspector shall check qualifications of welders at start of work and then make final inspection of all welds prior to completion of welding;
E. During all bolt installations and tightening operations of high-strength bolts. The special inspector need not be present during the entire installation and tightening operation, provided:
1. He has inspected the surfaces and bolt type for conformance to plans and specifications prior to start of bolting, and
2. He will upon completion of all bolting verify the minimum specified bolt tension for ten percent (10%) of the bolts for each type of connection, for a representative sample of total connections established by the plans and specifications; provided, however, that:
a. In bearing-type connections when threads are not required by design to be excluded from the shear plane, inspection prior to or during installation shall not be required, and
b. When bolting is done by an approved fabricator's shop, special inspection shall not be required;
F. During preparation of masonry wall prisms, sampling and placing of all masonry units, placement of reinforcement, inspection of grout space immediately prior to closing of cleanouts, and during all grouting operations. Where the fm is less than two thousand six hundred (2,600) psi and special inspection stresses are used, test specimens may consist of either one prism test for each five thousand (5,000) square feet of wall area or a series of tests based on both grout and mortar for the first three (3) consecutive days and each third day thereafter. Special inspection will not be required for structures designed in accordance with the values in appropriate tables of Chapter 24 of the Uniform Building Code, latest adopted edition;
G. When cast-in-place Class B gypsum concrete is being mixed and placed;
H. During the application of insulating concrete fill when used as part of a structural system. The special inspection may be limited to an initial inspection to check the deck surface and placement of reinforcing. The special inspector shall supervise the preparation of compression test specimens during this initial inspection;
I. During driving and testing of piles and construction of cast-in-place drilled piles or caissons;
J. During earthwork excavations, grading and filling operations, inspection to satisfy requirements of Chapter 29 and Chapter 70 (Appendix) of the Uniform Building Code, latest adopted edition, must be provided;
K. Any work which, in the opinion of the building official, involves unusual hazards.
(Ord. 243 § 1036(a), 1978).
15.16.140 Special inspections-Qualifications and responsibilities of inspector.
A. The person making such special inspection shall be someone other than the contractor or an employee of the contractor, who is qualified to perform such special inspection and who shall demonstrate his competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection.
B. Such inspector shall observe the work assigned to be certain it conforms to the design drawings and specifications.
C. Such inspector shall furnish inspection reports to the building official, the engineer or architect of record and other designated persons. All discrepancies shall be brought to the immediate attention of the contractor for correction, then, if uncorrected, to the proper design authority and to the building official.
D. Such inspector shall submit a final signed report stating whether the work requiring special inspection was, to the best of his knowledge, in conformance with the approved plans and specifications and the applicable workmanship provisions of the construction codes.
(Ord. 243 § 1036(b), 1978).
15.16.150 Special inspections-Waiver of requirement.
The building official may waive the requirement for such special inspection if he finds that the construction is of minor nature.
(Ord. 243 § 1036(c), 1978).
15.16.160 Special inspections-Performed periodically.
Such inspections may be done on a periodic basis and still satisfy the requirement of continuous inspection; provided, such periodic inspection is performed as outlined in the project plans and specifications and approved by the building official.
(Ord. 243 § 1036(d), 1978).
15.16.170 Special inspections-Exemption of fabricators.
A. Special inspections required by Sections 15.16.120 through 15.16.160 shall not be required where the work is done on the premises of a fabricator registered and approved by the building official to perform such work without special inspection. The certificate of registration shall be subject to revocation by the building official if it is found that any work done pursuant to the approval is in violation of this code or the construction codes. Such fabricator shall submit to the building official and to the engineer or architect of record a certificate of compliance that the work was performed in accordance with the approved plans and specifications. The approval by the building official of a person as a fabricator under this section is conditional upon the following:
1. Development and submission by such person of a detailed fabrication procedural manual reflecting key quality control procedures which will provide a basis for inspection control of workmanship and the fabricator plant;
2. Verification of the fabricator's quality control capabilities, plant and personnel as outlined in the fabrication procedural manual by an approved inspection or quality control agency;
3. Periodic plant inspections conducted by an ap- proved inspection or quality control agency to monitor the effectiveness of the quality control program.
B. It shall be the responsibility of the inspection or quality control agency to notify the building official in writing of any change to the procedural manual. Any fabricator approval may be revoked for just cause. Reapproval of the fabricator shall be contingent on compliance with quality control procedures during the past year.
(Ord. 243 § 1036(e), 1978).
Chapter 15.20 Sections:
15.20.010 Required.
15.20.020 Issuance-Contents.
15.20.030 Temporary certificate.
15.20.040 Posting.
15.20.010 Required.
No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made until the building official has issued a certificate of occupancy therefor as provided in this chapter.
(Ord. 243 § 1037, 1978).
15.20.020 Issuance-Contents.
After final inspection, when it is found that the building or structure complies with the provisions of this code, the construction codes, and other applicable laws, the building official shall issue a certificate of occupancy which shall contain the following:
A. The building permit number;
B. The address of the building;
C. The name and address of the owner;
D. A description of that portion of the building for which the certificate is issued;
E. A statement that the described portion of the building complies with the requirements of said codes for group and division of occupancy and the use for which the proposed occupancy is classified;
F. The name of the building official.
(Ord. 243 § 1038, 1978).
15.20.030 Temporary certificate.
A temporary certificate of occupancy may be issued by the building official for the use of a portion or portions of a building or structure.
(Ord. 243 § 1039, 1978).
15.20.040 Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.
(Ord. 243 § 1040, 1978).
Chapter 15.22 Sections:
15.22.010 Informal bid procedures.
15.22.020 Contractors list.
15.22.030 Notice inviting informal bids.
15.22.040 Award of contracts.
15.22.010 Informal bid procedures.
Public projects, as defined by Section 20161 of the California Public Contract Code (as that section may be changed from time to time), of seventy-five thousand dollars ($75,000) or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
(Ord. 376 § 1(part), 1991).
15.22.020 Contractors list.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(Ord. 376 § 1(part), 1991).
15.22.030 Notice inviting informal bids.
Where a public project is to be performed, which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 15.22.020, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission ("Commission") in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided however:
A. There is no list of qualified contractors maintained by the city for the particular category of work to be performed. The notice inviting bids shall then be sent only to the construction trade journals specified by the commission; and
B. The project or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors. The notice inviting informal bids may then be sent exclusively to such contractor or contractors.
(Ord. 376 § 1(part), 1991).
15.22.040 Award of contracts.
The director of public works for the city shall make recommendations to the city council for purposes of award of contracts and the city council may, in its sole discretion, award informal contracts pursuant to the provisions of this chapter.
(Ord. 376 § 1(part), 1991).
Chapter 15.41 Sections:
15.41.010 Adoption.
15.41.020 Application.
15.41.030 Board of appeals.
15.41.040 Hearing examiner.
15.41.050 Enforcement.
15.41.060 Inspections.
15.41.070 Procedural manual.
15.41.080 Citation and authority.
15.41.010 Adoption.
The code of rules and regulations known and designated as the "Uniform Code for the Abatement of Dangerous Buildings," published by the International Conference of Building Officials and modified by them from time to time, is adopted and by reference incorporated herein as if fully set forth, as the abatement code of the city. A current copy of the Uniform Code for the Abatement of Dangerous Buildings shall be kept on file in the office of the city clerk.
(Ord. 360 § 1, 1991: Ord. 355 § 8, 1990: Ord. 312 § 1(part), 1985; Ord. 291 § 1(part), 1983).
15.41.020 Application.
This chapter shall apply to all buildings or portions thereof in the city.
(Ord. 333 § 1(part), 1987).
15.41.030 Board of appeals.
A. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the Uniform Code for the Abatement of Dangerous Buildings, there is created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The board of appeals shall be appointed by the city council and shall hold office at the pleasure of the city council.
B. The building official is an ex officio member and shall act as secretary to the board, but shall have no vote upon any matter before the board.
C. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Copies of all rules adopted by the board shall be delivered to the building official, who shall make them freely available to the public.
D. Appeals to the board shall be processed in accordance with the provisions contained in the Uniform Code for the Abatement of Dangerous Buildings.
E. The board shall have no authority relative to interpretation of the administrative provisions of the Uniform Code for the Abatement of Dangerous Buildings, nor shall the board be empowered to waive requirements of the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 360 § 2, 1991: Ord. 333 § 1(part), 1987).
15.41.040 Hearing examiner.
The board of appeals may from time to time appoint a hearing examiner to act in its stead. The hearing examiner will have all authority and power of the board of appeals.
(Ord. 333 § 1(part), 1987).
15.41.050 Enforcement.
The building official is given the authority to enforce the provisions of this chapter. "Building official" shall mean the city manager and his/her designated representatives as set forth in Chapter 15.08.010 of this code.
(Ord. 333 § 1(part), 1987).
15.41.060 Inspections.
The building official, fire marshal and health officer or their designees are authorized to make inspections pursuant to this chapter, and may, if necessary, obtain inspection warrants to carry out their duties.
(Ord. 333 § 1(part), 1987).
15.41.070 Procedural manual.
The city council may, by resolution, adopt and publish rules, regulations and a procedural manual for the purpose of carrying out the intent of this chapter.
(Ord. 333 § 1(part), 1987).
15.41.080 Citation and authority.
This chapter is enacted under the authority granted by Chapter 10 (commencing with Section 38660) of Division 3 of Title 4 of the Government Code.
(Ord. 333 § 1(part), 1987).
Chapter 15.44 Sections:
15.44.010 Adoption of fire prevention code.
15.44.020 Title of chapter.
15.44.030 Section 104.2 amended-Applications and permits.
15.44.040 Section 105.7.14 added-Permit fees.
15.44.050 Section 503.2.5 amended-Dead ends.
15.44.060 Section 503.3 amended-Marking.
15.44.070 Section 508.5.7 added-Fire Hydrants and water supply.
15.44.080 Section 903 amended-Automatic sprinkler systems.
15.44.090 Section 3308.1 amended-Fireworks display.
15.44.100 Section 904.2.1 amended-Floor markings.
15.44.110 Section 907.20.5 amended-Maintenance, inspection and testing.
15.44.120 Section 304.1.4 added-Removal of waste materials and combustible vegetation.
15.44.130 Section 705 added-Roof coverings.
15.44.140 Section 3001.1 amended-Maximum capacity for storage of compressed natural gas.
15.44.150 Section 3301.8 amended-Limits for storage of explosive materials.
15.44.160 Section 3404.1 amended-Locations where aboveground tanks are prohibited.
15.44.170 Section 3804.2 amended-Location of containers of liquefied petroleum gas.
15.44.180 Violations of Fire Code.
15.44.010 Adoption of fire prevention code.
The fire prevention code for the city of Brisbane shall be the 2006 Edition of the International Fire Code and the 2007 Edition of the California Fire Code, including Appendices B, C and F (hereinafter referred to as the "Fire Code"), as promulgated by the International Code Council, and the same is hereby adopted and incorporated herein by reference, subject to the modifications as contained in this chapter. Two (2) copies of the Fire Code have been filed for use and examination by the public, one copy being located at Brisbane City Hall and the other copy being located at the Brisbane Fire Station.
(Ord. 525 § 2(part), 2007).
15.44.020 Title of chapter.
This chapter shall be known as the "fire prevention code of the city" for the administration and enforcement of the Fire Code.
(Ord. 525 § 2(part), 2007).
15.44.030 Section 104.2 amended-Applications and permits.
Section 104.2 of the Fire Code is amended by adding the following paragraphs at the end of said section:
Except as otherwise determined by the Fire Marshall, plans submitted in support of an application for a building permit to construct all buildings or structures within the City of Brisbane, shall be submitted to the Fire Department for review and approval to determine conformance with applicable fire and life safety requirements.
No portion of any equipment intended to be covered by earth or by enclosure within permanent portions of a building or structure shall be enclosed until inspected and approved by the Fire Marshal, or appointed Fire Department staff. An inspection shall be requested prior to covering or enclosing of any such equipment. Such request shall be made not less than forty eight (48) hours prior to the estimated time of the desired inspection.
(Ord. 525 § 2(part), 2007).
15.44.040 Section 105.7.14 added-Permit fees.
Section 105.7.14 is added to the Fire Code, to read as follows:
105.7.14 Permit fees. The Fire Department shall be authorized to charge such fees and costs for services performed pursuant to the Fire Code as may be established from time to time by ordinance or resolution of the City Council.
(Ord. 525 § 2(part), 2007).
15.44.050 Section 503.
2.5 amended-Dead ends. Section 503.2.5 of the Fire Code is amended by adding the following paragraph to the end of said section:
Dead-end fire apparatus access roads in excess of one hundred fifty feet (150') in length shall be provided with a minimum turnaround clear radius of fifty-two feet (52'), or other turnaround as approved by the Fire Marshall.
(Ord. 525 § 2(part), 2007).
15.44.060 Section 503.3 amended-Marking.
Section 503.3 of the Fire Code is amended by adding the following paragraph to the end of said section:
Where fire lanes on private property have been designated by the Fire Marshall, curbs shall be painted red on the side or sides of the street or access route where parking is prohibited and no parking signs or other appropriate notice prohibiting obstructions, as approved by the Fire Marshall, shall be provided and maintained by the owner. No parking signs shall read as follows:
FIRE LANE
NO PARKING OR STOPPING
CVC SEC. 22500.1
PARKED VEHICLES MAY BE TOWED
AT VEHICLE OWNER'S EXPENSE
(Ord. 525 § 2(part), 2007).
15.44.070 Section 508.5.7 added-Fire Hydrants and water supply.
Section 508.5.7 is added to the Fire Code, to read as follows:
508.5.7 Hydrants. All new fire hydrants shall be UL listed, or equivalent, wet barrel type having a minimum of two 2 1/2" and one 4 1/2" outlets, all equipped with national standard threads (Clow 860, or approved equivalent). The minimum fire service main size permitted is six inch (6").
(Ord. 525 § 2(part), 2007).
15.44.080 Section 903 amended-Automatic sprinkler systems.
Section 903 of the Fire Code is amended in its entirety to read as follows:
903 Automatic fire extinguishing systems.
(a) Notwithstanding any other provisions of this Code or any other code or ordinance of the City of Brisbane, automatic fire sprinkler systems, approved by the Fire Marshall, shall be installed in the following buildings and structures that are classified as new construction:
1. For all occupancies except R-3 occupancies: Any new building or structure, regardless of size, except stand alone, uninhabitable buildings, garages and sheds having a floor area of less than 400 square feet.
2. For all R-3 occupancies: Any new single-family or duplex structure, excluding any stand alone accessory structure that is not intended for human habitation having a floor area of less than 400 square feet.
(b) Sprinkler systems for existing buildings. Any existing building or structure which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed an automatic sprinkler system whenever the following condition is met:
When an existing building undergoes any alteration, renovation, or addition which exceeds 50% of the building's original gross area, as determined by the fire marshal, the entire building shall be protected by an automatic fire sprinkler system. Gross area shall be the area included within surrounding exterior walls.
Exceptions: Work involving exterior surfaces only, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.
(c) Where automatic fire sprinkler systems are required to be installed, the following additional requirements shall also be satisfied, as applicable:
1. A minimum of three (3) copies of plans and specifications for automatic sprinkler installations, plus water supply calculations, shall be provided to the Fire Department for review and approval prior to commencement of the installation work.
2. All required automatic sprinkler systems shall be approved by the Fire Department.
3. All acceptance tests and such periodic tests as required by the Fire Marshall or pursuant to NFPA Pamphlets No. 13, 13D, 13R and/or Subchapter 5, Title 19, California Code of Regulations, shall be conducted and, where applicable, witnessed by a representative of the Fire Department.
4. An approved exterior visual fire alarm device may be required for buildings that have numerous fire department connections (FDC's). Type and locations will be determined by the Fire Department. Such visual alarm devices are not to replace the exterior audible device, but to assist fire suppression personnel as to location(s) of systems which require pumping operations.
(Ord. 525 § 2(part), 2007).
15.44.090 Section 3308.1 amended-Fireworks display.
Section 3308.1 of the Fire Code is amended by adding the following paragraph to the end of said section:
The possession, storage, sale, use or discharge of California State Fire Marshal approved "safe and sane" fireworks is prohibited within the City of Brisbane.
(Ord. 525 § 2(part), 2007).
15.44.100 Section 904.2.1 amended-Floor markings.
Section 904.2.1 of the Fire Code is amended by adding the following paragraph to the end of said section:
The location(s) of all cooking appliances that are protected by an approved automatic fire extinguishing system shall be permanently identified either by a wall mounted "approved" appliance floor plan or marked on the floor in a manner approved by the Fire Marshal.
(Ord. 525 § 2(part), 2007).
15.44.110 Section 907.20.5 amended-Maintenance, inspection and testing.
Section 907.20.5 of the Fire Code is amended by adding the following paragraph at the end of said section:
Owners and operators of group R-1 occupancies shall provide documentation to the Fire Department, such as annual inspection forms, which confirm that all smoke detection devices and equipment within apartment units are installed and are in good operating condition.
(Ord. 525 § 2(part), 2007).
15.44.120 Section 304.1.4 added-Removal of waste materials and combustible vegetation.
Section 304.1.4 is added to the Fire Code, to read as follows:
304.1.4 Removal of waste materials and combustible vegetation.
(a) Notice to Remove. The Bureau of Fire Prevention is authorized to notify the owner of any roof, court, yard, vacant lot or open space within the City of Brisbane or its jurisdiction, or the agent of such owner to properly dispose of such wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, waste petroleum products, vines and other growth or rubbish of any kind located on such owner's property which is dangerous to public safety, health or welfare or is deemed a fire hazard by the Department. Such notice shall inform the owner or his agent that should the wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, waste petroleum products, vines and other growth or rubbish of any kind not be removed as required, then it will be removed by the City and the cost of said removal shall in accordance with this chapter be assessed as a lien on the property to be collected with the next regular tax bill.
Such notice shall be by certified mail, addressed to said owner at his last known address, as revealed by the tax rolls, and such additional address as may be known by the officer making the order.
(b) Action Upon Non-compliance. Upon failure, neglect or refusal of any owner or agent so notified to properly dispose of such wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, waste petroleum products, vines or other growth or rubbish of any kind dangerous to the public health, safety and welfare within fifteen (15) days after receipt of written notice provided for in subsection (a) above, or within fifteen (15) days after the date of such notice in the event the same is returned to the Fire Prevention Bureau because of its inability to make delivery thereof provided the same was properly addressed to the last known address of such owner, as provided in subsection (a) of this section, or agent, the Fire Prevention Bureau is hereby authorized to refer this non-compliance to the City Manager to have the City pay for disposing of such wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, waste petroleum products, vines and other growth or rubbish that endangers property or is liable to be fired.
(c) Charge Included in Tax Bill. When the City has effected the removal of dangerous or hazardous conditions from property as noted in subsection (a) or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of ten percent (10%) per annum from the date of the completion of the work, if not paid for by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner, and said charge shall be due and payable by said owner at the time of payment of such bill.
(d) Acreage Maintained. Any person who owns, leases, controls, operates or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands or grass covered lands or any land or acreage covered with flammable material shall maintain around and adjacent to such building or structure a fire break for a distance of not less than thirty (30) feet or to the property line, whichever shall be less. Any person who owns open acreage shall maintain a thirty (30) foot fire break around the perimeter of his acreage as may be directed by the Fire Marshall.
(e) Remedies Cumulative. That the remedies set forth in this section are in addition to any other remedies available to the City as set forth in its ordinances and resolutions and the statutes of the State of California.
(f) Other Regulations. In addition to the remedies set forth herein, the City Council may adopt such other additional, appropriate resolutions and ordinances establishing procedures and regulations for the regulation, control and abatement of waste materials, weeds and other matters constituting a fire and/or safety hazard.
(Ord. 525 § 2(part), 2007).
15.44.130 Section 705 added-Roof coverings.
Section 705 is added to the Fire Code, to read as follows:
705 Roof coverings. Roof coverings on all buildings shall be fire retardant non-wood materials and shall comply with the standards of the California Building Code, Class A or B, prepared or built-up roofing. Re-roofing of existing buildings which occurs within any twelve (12) month period shall comply with the foregoing requirement if the re-roofing involves fifty percent (50%) or more of the roof area in the case of a non-wood roof or ten percent (10%) or more of the roof area in the case of a wood roof.
(Ord. 525 § 2(part), 2007).
15.44.140 Section 3001.1 amended-Maximum capacity for storage of compressed natural gas.
Section 3001.1 of the Fire Code is amended by adding the following paragraph at the end of said section:
The storage of compressed natural gas is prohibited in all areas of the City except for the following subareas as identified in the 1994 General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Southwest Bayshore, Crocker Park, Beatty, and the Baylands. Notwithstanding the foregoing, the Fire Marshal may grant a permit for storage of compressed natural gas in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.
(Ord. 525 § 2(part), 2007).
15.44.150 Section 3301.8 amended-Limits for storage of explosive materials.
Section 3301.8 of the Fire Code is amended by adding the following paragraph at the end of said section:
The storage of explosives and blasting agents is prohibited in all areas of the City, except that the Fire Marshal may grant a permit to allow such storage if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.
(Ord. 525 § 2(part), 2007).
15.44.160 Section 3404.1 amended-Locations where aboveground tanks are prohibited.
Section 3404.1 of the Fire Code is amended by adding the following paragraph at the end of said section:
The storage of flammable or combustible liquids in outside aboveground tanks is prohibited in all areas of the City except for the following subareas as identified in the General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Southwest Bayshore, Crocker Park, Beatty, and the Baylands. Notwithstanding the foregoing, the Fire Marshal may grant a permit for such storage in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.
(Ord. 525 § 2(part), 2007).
15.44.170 Section 3804.2 amended-Location of containers of liquefied petroleum gas.
Section 3804.2 of the Fire Code is amended by adding the following paragraph at the end of said section:
The aggregate storage of liquefied petroleum gas at any one installation in excess of two thousand (2,000) gallons is prohibited in all areas of the City except for the following subareas as identified in the General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Southwest Bayshore, Crocker Park, Beatty, and the Baylands. Notwithstanding the foregoing, the Fire Marshal may grant a permit for such storage in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.
(Ord. 525 § 2(part), 2007).
15.44.180 Violations of Fire Code.
Any person violating or causing or permitting to be violated, any of the provisions of the Fire Code adopted by this chapter, or any permit issued thereunder, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any such violation is committed, continued, or permitted, and on conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both fine and jail time. The remedies provided in this section shall be cumulative and not exclusive of any other legal or equitable remedies available to the city by reason of such violation.
(Ord. 525 § 2(part), 2007).
Chapter 15.45 Sections:
15.45.010 Purpose.
15.45.020 General obligation-Safety and care.
15.45.030 Specific obligation.
15.45.040 Definitions.
15.45.050 Materials regulated.
15.45.060 Containment of hazardous materials.
15.45.070 New underground storage facilities.
15.45.080 Other underground storage facilities.
15.45.090 Variance.
15.45.100 Abandoned underground storage tanks.
15.45.110 Unauthorized releases-Reporting.
15.45.120 Unauthorized releases-Repairs.
15.45.130 Unauthorized releases-Cleanup responsibility.
15.45.140 Unauthorized releases-Indemnification.
15.45.150 Handling, emergency procedures and access.
15.45.160 Inspections and records-Authority.
15.45.170 Inspections.
15.45.180 Maintenance of records.
15.45.190 Requirement for permit.
15.45.200 Required information for permit application.
15.45.210 Approval of permit.
15.45.220 Fees for permit.
15.45.230 Civil penalties.
15.45.240 Civil action for retaliation.
15.45.250 Remedies not exclusive.
15.45.260 Disclaimer of liability.
15.45.270 Regulations.
15.45.280 Conflict with other laws.
15.45.010 Purpose.
The purpose of this chapter is the protection of health, life, resources and property through prevention and control of unauthorized discharges of hazardous materials in underground storage tanks.
(Ord. 297 § 1(part), 1983).
15.45.020 General obligation-Safety and care.
A. No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:
1. In a manner which violates a provision of this chapter or any other local, federal, or state statute, code, rule, or regulation relating to hazardous materials; or
2. In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
B. The health officer shall have discretion to exempt an applicant from any specific requirement of this chapter, other than the requirement for secondary containment in underground storage facilities, except as provided in Section 15.45.090, or to require applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety and welfare.
(Ord. 297 § 1(part), 1983).
15.45.030 Specific obligation.
A. Any person, firm or corporation which stores any material regulated by Section 15.45.050 which is not excluded by other sections of this chapter shall obtain and keep current a hazardous materials storage permit.
B. All such hazardous materials shall be contained in conformity with Sections 15.45.060 through 15.45.080.
(Ord. 297 § 1(part), 1983).
15.45.040 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
A. "Abandoned," when referring to a storage facility, means out of service and not safeguarded in compliance with this chapter.
B. "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.
C. "Hazardous material or substance" means any material which is subject to regulation pursuant to Section 15.45.050. A mixture shall be deemed to be a hazardous material or substance if it is a waste and contains any material regulated pursuant to Section 15.45.050.
D. "Officer" means the county health officer or any designee of such employee or any other official or contract agency of the city designated by the city council to perform the duties of such office.
E. "Permit quantity limit" means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.
F. "Owner" means the owner of an underground storage tank or facility.
G. "Operator" means the operator of an underground storage tank or facility.
H. "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, or any department or agency thereof.
I. "Pipe" means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which are not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.
J. "Primary containment" means the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
K. "Product-tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product-tight, the tank shall not be subject to physical or chemical deterioration by the substance which it contains, over the useful life of the tank.
L. "Secondary containment" means the level of containment external to and separate from the primary containment.
M. "Single-walled" means construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.
N. "Special inspectors" means a professional engineer registered pursuant to Business and Professional Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements.
O. "Storage" or "store" means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit.
P. "Unauthorized release" means any release or emission of any hazardous substance which does not conform to the provisions of this chapter, unless this release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code.
Q. "Underground storage facility" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.
(Ord. 297 § 1(part), 1983).
15.45.050 Materials regulated.
"Hazardous materials" means all of the following liquid and solid substances, unless the State Department of Health Services, in consultation with the State Water Resources Control Board, determines the substance could not adversely affect the quality of the waters of the state:
1. Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code.
2. Hazardous substances, as defined in Section 25316 of the Health and Safety Code.
3. Any material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid.
4. The comprehensive master list of hazardous materials compiled by the State Department of Health Services pursuant to Health and Safety Code Section 25281.
5. Any material which has been determined to be hazardous based on any appraisal or assessment by or on behalf of the party storing the material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the Department of Health Services.
6. Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection shall not establish a requirement to test for the purposes of this chapter.
(Ord. 297 § 1(part), 1983).
15.45.060 Containment of hazardous materials.
A. No person, firm or corporation shall store any hazardous materials in underground storage tanks regulated by this chapter until a permit or approval has been issued pursuant to this chapter. No permit or approval shall be granted pursuant to this chapter unless permit applicant demonstrates to the satisfaction of city by the submission of appropriate plans and other information, that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein.
B. All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of city. The city shall have the discretion to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of public health, safety, and welfare.
(Ord. 297 § 1(part), 1983).
15.45.070 New underground storage facilities.
Every underground storage tank installed after January 1, 1984, shall meet the following requirements:
A. Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards:
1. Primary containment shall be product-tight.
2. Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
3. In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred percent (100%) of the volume of the primary tank.
4. In the case of multiple primary tanks, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary tank placed in it, or ten percent (10%) of the aggregate internal volume of all primary tanks, whichever is greater.
5. If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four (24)-hour rainfall as determined by a one hundred (100)-year storm history.
6. Single-walled containers do not fulfill the requirements of an underground storage tank providing for both a primary and a secondary containment.
7. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subdivisions A(1-6) of this section, if the primary containment construction is of glass fibre reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, and if such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in Section 15.45.080. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with subdivision A(3) of Section 15.45.080 shall also be deemed to meet the requirements of this subdivision.
B. Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.
C. When required by the health officer, a means of over-fill protection for any primary tank, including an overfill prevention device or an attention-getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this subsection.
D. Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
E. If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal system shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.
(Ord. 297 § 1(part), 1983).
15.45.080 Other underground storage facilities.
For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances the following actions shall be taken:
A. On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed.
B. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection A of this section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the health officer. The alternative monitoring methods include, but are not limited to, the following methods:
1. Pressure testing, vacuum testing or hydrostatic testing of the piping systems or underground storage tanks;
2. A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The health officer shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations;
3. For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory record are kept on file for one year and are reviewed quarterly, the tank is tested for tightness hydrostatically or, when appropriate with pressure between three (3) and five (5) pounds, inclusive, per square inch at specified time intervals and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropriate, with pressure between three (3) and five (5) pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulation.
(Ord. 297 § 1(part), 1983).
15.45.090 Variance.
A. A variance from the requirement for secondary containment for an underground storage facility may be granted upon a written finding by the health officer issuing the permit that based on the special circumstances:
1. The requirement of secondary containment creates an unusual and particular hardship; and
2. An equivalent degree of protection is provided by the proposed alternative; and
3. The proposed alternative has been appropriately certified by a "special inspector."
B. The decision of the health officer on a request for a variance from the requirement for secondary containment for an underground storage facility may be appealed to the city council.
(Ord. 297 § 1(part), 1983).
15.45.100 Abandoned underground storage tanks.
A. No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank, except as provided in this section.
B. An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subsection C of this section for the period of time the underground tank is not in use.
C. No person shall close an underground storage tank unless the person undertakes all of the following actions:
1. Demonstrates to the health officer that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized;
2. Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank;
3. Provides for, and carries out, the maintenance of the tank as the health officer determines is necessary, for the period of time the health officer requires;
4. Demonstrates to the health officer that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility.
(Ord. 297 § 1(part), 1983).
15.45.110 Unauthorized releases-Reporting.
A. Any unauthorized release from the primary containment which the operator is able to clean up within eight (8) hours, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion and does not cause any deterioration of the secondary containment of the underground storage tank shall be reported by the operator to the health officer within twenty-four (24) hours of detection, and shall be recorded on the operator's monitoring reports.
B. Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported to the health officer by the operator within twenty-four (24) hours after the release has been detected or should have been detected. A full written report shall be transmitted to the health officer by the owner or operator of the underground storage tanks within five (5) working days of the occurrence of the release.
C. Whenever a material balance or other inventory record, employed as a monitoring technique indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, permittee shall have five (5) working days to determine whether or not there has been an unauthorized discharge. If before the end of such period, it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in permittee's monitoring records. Where permittee has not been able, within such period, to determine that there has been unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with this section.
D. Whenever any test results suggest a possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means, the permittee shall have five (5) working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in permittee's monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with 4973.5(A).
E. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at Standard Temperature and Pressure (STP), must immediately report such discharge to the city if such discharge presents a threat of imminent danger to public health and safety.
F. The health officer shall review the permit whenever there has been an unauthorized release or when the health officer determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the health officer shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures which would meet the requirements of this chapter.
ADOPTION OF UNIFORM CODES
ORGANIZATION AND ENFORCEMENT
PERMITS AND FEES
INSPECTIONS
CERTIFICATES OF OCCUPANCY
INFORMAL BIDDING PROCEDURES/PUBLIC WORKS CONTRACTS
ABATEMENT OF DANGEROUS BUILDINGS CODE
FIRE PREVENTION CODE
STORAGE OF HAZARDOUS MATERIALS IN UNDERGROUND TANKS