Title 7 — LAND USE AND BUILDING REGULATIONS

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TITLE 7 - LAND USE AND BUILDING REGULATIONS Division 1 - BUILDING REGULATIONS ARTICLE 1. - GENERAL PROVISIONS

Sec. 7-1-1. - House numbering system.

(a)

It shall be the duty of the Director, Environmental Management Agency to assign the numbers to be allotted to all property along all roads, streets and highways in the County in accordance with a numbering system to be established by resolution of the Board of Supervisors.

(b)

It shall be the duty of the Director, EMA to notify all owners of property or persons in possession of property along said roads, streets and highways upon which official numbers have been established, as provided in this section, and the said owners or persons in possession of said property shall within ten (10) days after said notice has been served on them, place the number or numbers allotted to said property upon said premises in such a position as to be plainly visible from the road, said numbers to be not less than three (3) inches in height, and all numbers other than the numbers so assigned under the provisions of this section shall be removed from said property by the owners or person in possession of said property within ten (10) days from the service of said notice designating the appropriate numbers to be placed thereon.

(c)

Anything in this section to the contrary notwithstanding, the following described area is excluded from the operation and effect of this section:

Beginning at the intersection of the center lines of Newport Avenue and Mesa Drive as shown on a Map of Tract No. 376 recorded in Book 15, page 29, Miscellaneous Maps, Records of Orange County, California, and running thence southeasterly along the said center line of Mesa Drive, to the southeasterly line of Lot 81 of said Tract No. 376; thence, southwesterly, along lot lines, to the northerly corner of Lot 104, Tract No. 300 as shown on a map thereof recorded in Book 14, pages 11 and 12, Miscellaneous Maps of Orange County, California; thence, southeasterly, to the easterly corner of said Lot 104; thence, southwesterly, along lot line and the prolongation thereof, to the center line of Twenty-third Street; thence, southeasterly, along said center line, to the center line of Irvine Avenue; thence, southwesterly, along said center line to the center line of Fifteenth Street, said point being in the northeasterly boundary line of the City of Newport Beach; thence, in a general northwesterly direction, following along said city boundary line, to an intersection with the ordinary high tide line of the Pacific Ocean; thence, northwesterly, along said high tide line, to the center line of the channel of the Santa Ana River; thence, northeasterly, along said center line, to

aid point being in the northeasterly boundary line of the City of Newport Beach; thence, in a general northwesterly direction, following along said city boundary line, to an intersection with the ordinary high tide line of the Pacific Ocean; thence, northwesterly, along said high tide line, to the center line of the channel of the Santa Ana River; thence, northeasterly, along said center line, to

the westerly prolongation of the north line of Fairview Farms, as shown on a Map thereof recorded in Book 8, page 71, Miscellaneous Maps of Orange County, California; thence easterly, along said north line and the prolongation thereof, to the center line of Newport Avenue, as shown on said Map of Tract No. 300; thence, northeasterly, along said center line, to the center line of Mesa Drive, and the point of beginning.

(Code 1961, § 71.011; Ord. No. 3283, § 1, 9-29-81)

Sec. 7-1-2. - Reasonable accommodation.

This chapter describes County procedures for reviewing and approving requests for reasonable accommodation in housing for persons with disabilities in conformance with applicable fair housing laws.

(a)

Notice to the public of availability of accommodation process. Notice of the availability of reasonable accommodation shall be displayed at OC Public Works/OC Planning (department) and on the department's web site. A fact sheet regarding the County's reasonable accommodation process shall also be available.

(b)

Requesting reasonable accommodation.

(1)

Any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

(2)

Requests for reasonable accommodation shall be in writing, may be submitted concurrently with any application for discretionary or ministerial permit, and shall include the following information:

a.

Name and address of the individual(s) requesting reasonable accommodation;

b.

Name and address of the property owner(s);

c.

Address of the property for which accommodation is requested;

d.

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

e.

Reason the requested accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling.

(3)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(4)

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not remove an individual's obligations to comply with other applicable regulations.

(5)

If an individual needs assistance in making the request for reasonable accommodation, the County will provide assistance.

(c)

Reviewing authority.

(1)

For purposes of this Section, the "Reviewing Authority" is the Director, OC Planning.

(2)

Requests for reasonable accommodation shall be reviewed by the Reviewing Authority, using the criteria set forth in Sec. 7-1-2(d).

(3)

The Reviewing Authority shall notify the applicant within thirty (30) calendar days of the application submittal date whether the application is deemed complete or incomplete.

(4)

The Reviewing Authority shall issue a written decision on a request for reasonable accommodation within sixty (60) days of the date the application has been determined to be complete, and may either grant, grant with specified reasonable conditions, or deny a request for reasonable accommodation in accordance with the required findings set forth in Sec. 7-1-2(d).

(5)

If necessary to reach a determination on the request for reasonable accommodation, the Reviewing Authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event a request for additional information is made, the sixty (60) day period to issue a decision will not begin until after the application has been deemed complete.

(d)

Required findings. The written decision to grant, grant with specified reasonable conditions, or deny a request for reasonable accommodation shall be based on the following factors:

(1)

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under the law;

(2)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the law;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the County; and

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the County's land use and zoning or building program.

(e)

Written decision on the request for reasonable accommodation.

(1)

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Reviewing Authority's findings on the criteria set forth in Section 7-1-2(d). All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

(2)

The written decision of the Reviewing Authority shall be final unless an applicant appeals it to the Planning Commission pursuant to Section 7-9-150.4, as applicable.

(3)

If the Reviewing Authority fails to render a written decision on the request for reasonable accommodation within the sixty (60) day time period from the date the application is deemed complete pursuant to Section 7-1-2(c), the request shall be deemed granted.

(4)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(f)

Appeals.

(1)

Within thirty (30) days of the date of the Reviewing Authority's written decision, an applicant may appeal an adverse decision. Appeals shall be made in writing.

(2)

If an individual needs assistance in filing an appeal on an adverse decision, the County provide assistance to ensure the appeals process is accessible.

(3)

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(4)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other remedy available.

(5)

Appeals of any decision by the Director, OC Planning shall be to the Planning Commission. The order of the Planning Commission shall be final.

(Ord. No. 13-005, § 1, 12-10-13)

Secs. 7-1-3—7-1-11. - Reserved.

ARTICLE 2. - BUILDINGS AND STRUCTURES[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 19-006, §§ 1, 2, adopted Nov. 5, 2019, repealed the former Art. 2, §§ 7-1-12—71-29, 7-1-33—7-1-35, 7-1-43—7-1-45, 7-1-47—7-1-55, and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to similar subject matter and derived from Ord. No. 16-018, § 2, adopted Nov. 22, 2016.

Sec. 7-1-12. - Adoption of California Building Code, International Building Code, California Residential Code, California Energy Code, California Green Building Standards Code, California Historical Building Code, and California Existing Building Code.

a.

The Board of Supervisors of the County of Orange hereby adopts the California Building Code, 2022 Edition and the International Building Code, 2021 Edition, as published by the International Code Council, including Division II of Chapter 1 Administration, Appendix C, Appendix I, and Appendix J, except Chapters 1, 11, 27, 28, 29 in the text of the International Building Code, except such portions as are deleted, modified, or amended in this Article. Chapter 1 of the International Building Code is replaced with Division II of Chapter 1 of the California Building Code with County amendments.

The Board of Supervisors of the County of Orange hereby adopts the California Residential Code, 2022 Edition, including Appendix AH and Appendix AX. Division II of Chapter 1 of the California Residential Code is replaced with Division II of Chapter 1 of the California Building Code with County amendments.

The Board of Supervisors of the County of Orange hereby adopts the California Energy Code, 2022 Edition.

The Board of Supervisors of the County of Orange hereby adopts the California Green Building Standards Code, 2022 Edition. Chapter 1 of the California Green Code is added to Division II of Chapter 1 of the California Building Code with County amendments.

The Board of Supervisors of the County of Orange hereby adopts the California Historical Building Code, 2022 Edition.

The Board of Supervisors of the County of Orange hereby adopts the California Existing Building Code, 2022 Edition. Division II of Chapter 1 of the California Existing building Code is replaced with Division II of Chapter 1 of the California Building Code with County amendments.

b.

The purpose of these codes is to prescribe regulations for the erection, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures.

c.

Not less than one (1) copy of each has been made and is now filed in the office of the OC Public Works. They are hereby adopted and incorporated as if set forth at length herein. Whenever there is a difference between the California Code and the International Code, the California Code shall prevail.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-13. - Section 101.1 of Division II of Chapter 1 Amended.

Section 101.1 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

TITLE

Section 101.1 these regulations shall be known as the Orange County Building Code, hereinafter referred to as "this Code".

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-14. - Section 101.2 and Section 101.4 of Division II of Chapter 1 amended.

Section 101.2 and Section 101.4 Division II of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

SCOPE

Section 101.2. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, equipment, location, removal, demolition, repair, maintenance and use and occupancy of any building or structure within the unincorporated area of the County, and County-owned buildings and structures within incorporated cities, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this Code, and hydraulic flood control structures.

Where, in any special case, different sections of this Code specify different materials, method of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Wherever in this Code reference is made to the Appendix, the provisions in the Appendix shall not apply unless specifically adopted.

Section 101.4. The other codes listed in Section 101.4.1 through 101.4.7 and referenced elsewhere in the Code shall be considered part of the requirements of the Code to the prescribed extent of each such reference.

Section 101.4.1 Gas. The provisions of the California Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

s of the California Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

Section 101.4.2 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.

Section 101.4.4 Property Maintenance. The provisions of the California Existing Building Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Section 104.4.5 Fire Prevention. The provisions of the California Fire Code shall apply to all matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

Section 101.4.6 Energy. The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.

Section 101.4.7 Existing buildings. The provisions of the California Existing Building Code, Title 24, Part 10 shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-15. - Section 101.5 of Division II of Chapter 1 Added.

Section 101 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended by adding Section 101.5 to read as follows:

UNDERGROUND UTILITIES REQUIRED

Section 101.5. The Building Official shall, as a condition precedent to the issuance of a Building Permit, require all utility services located within the exterior boundary lines of lot or parcel of property to be installed underground if:

(1)

The property is to be developed with a new or relocated main building;

(2)

The remodeling, alteration, or addition to an existing main building, exceeds 50 percent of the value and/or area of the existing building;

(3)

A residential building or use is converted to any nonresidential use or purpose.

For purposes of this section, the term "main building" shall mean a building in which is conducted the principal use of the lot or building site on which it is located.

The owner or developer of the property is responsible for complying with the requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities.

If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property, would result from the literal interpretation of this section, the Building Official may waive, modify or delay the imposition of an underground requirement imposed pursuant to this section upon written application of any affected property owner. The Building

Official shall notify the applicant of his decision in writing by certified mail. If the Building Official determines to delay the installation of required underground utilities, he may require a recorded agreement guaranteeing the future performance of the work, together with adequate performance security enforceable by the County in the form of a cash deposit, bond, letter of credit, or other instrument satisfactory to the County Counsel.

For purposes of this section, appurtenances and associated equipment such as, but not limited to, surfacemounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground.

Any person dissatisfied with the decision of the Building Official may file an appeal with the Hearing Officer within fifteen (15) days after the decision of the Building Official is deposited in the mail by filing a written statement setting forth the reasons for said appeal with the County Clerk. The Hearing Officer may overrule, modify, or affirm the decision of the Building Official.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-16. - Section 116 of Division II of Chapter 1 replaced.

Section 116 of Division II of Chapter 1 of the 2019 California Building Code is hereby replaced to read as follows:

UNSAFE BUILDING, NUISANCES, NOTICE, ADMINISTRATIVE HEARING, APPEAL.

Section 116.

(a)

Unsafe Buildings. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or 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 this Code or in any other effective ordinance or statute, are, for the purpose of this section, unsafe buildings and constitute an unsafe condition. All such unsafe buildings or conditions are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, improvement, removal, or demolition, in whole or part, in accordance with the procedures specified in this section.

(b)

Fire Hazard. No person, including but not limited to the state and its political subdivisions, operating any occupancy subject to these regulations shall permit any fire hazard, as defined in this section, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency.

NOTE: "Fire hazard" as used in these regulations means any condition, arrangement or act which will increase, or may cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or

which may obstruct, delay or hinder, or may become the cause of obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.

(c)

Inspection. The Building Official shall examine or cause to be examined every building or structure or portion thereof or other condition reported as unsafe, dangerous, damaged, or otherwise constituting a hazard as set forth in subsection (a) of this section. Said examination shall be conducted in accordance with the provisions of this Code, other applicable statutes, and the ordinances, rules, and regulations of the County of Orange.

(d)

Notice of Defects. In any case where this section is made applicable by reference or if any building, structure, or part thereof is found to be an unsafe building as defined in this section, the Building Official shall give notice, setting forth the defects found, to the owner, other responsible person, or authorized representative, hereinafter referred to as "owner," of such building or structure. The notice shall also set forth the right of the owner to be present at an administrative hearing, at his option, and introduce such relevant evidence on the issues as he desires. The notice shall also set forth the requirements of

commencement and completion of work and the effect of failure to so do as set forth in subsections (g) and (h) of this section.

(e)

Time and Place of Hearing, Evidence. The notice shall set forth the time and place a hearing shall be had before the Building Official. At the time and place so specified, evidence shall be submitted as to the facts of any such defects as to reasonably establish their existence and the Building Official shall determine whether the facts so established constitute an unsafe building. Evidence may further be submitted as to the repairs, rehabilitation, improvements, removal or demolition considered necessary to correct said defects.

(f)

Order, Finality, Appeal.

(1)

At the hearing and upon the determination of the existence of defects, the Building Official shall determine whether such defects are subject to repair, rehabilitation, or improvement, or whether they are of such a nature as to require removal or demolition of a part of or the whole of any such building or structure, and he shall order such repairs, rehabilitation, improvements, or demolition as is considered necessary in the case.

(2)

The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time; the determination and order shall become final within five (5) days, excluding Saturday, Sunday, and holidays, from the time it is first rendered, or in the event that the owner was not present at the hearing, within five (5) days of the mailing of the order to the last known address of said owner, responsible party, or representative, whichever first occurs.

(3)

Appeal. The owner shall, if he desires to do so, at any time prior to the determination and order becoming final as heretofore set forth, appeal the decision of the Building Official to the Hearing Officer, and shall thereupon make a determination and order affirming, reversing, or modifying the determination and order of the Building Official as the Hearing Officer may deem proper. The order of the Hearing Officer shall be immediately final.

(g)

Commencement and Completion of Work. The owner shall, upon the expiration of five (5) days, excluding Saturday, Sunday, and holidays, following the finality of the determination and order of the Building Official (or, if appealed, the determination and order of the Hearing Officer) commence the repairs, rehabilitation, improvements, removal, or demolition ordered, and such work shall be completed within the time specified by the Building Official (or the Hearing Officer) if appealed.

(h)

Failure of Commencement of Work. If the owner neglects or fails to commence, within the time provided therefore, activity and the corrective work deemed necessary and as ordered, the Building Official may cause the ordered repairs, rehabilitation, or improvements to be performed forthwith and any cost thereof shall be a charge and expense against the owner personally and collectible by an action at law.

(i)

Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the notice or order to remove or demolish said building or structure or portion thereof, the Board of Supervisors of the County of Orange may order the Building Official to proceed with the work specified in the notice or order. A statement of the cost of such work shall be transmitted to the Board of Supervisors, who shall cause the same to be paid and levied as a special assessment against the property. The Building Official may apply to the Board of Supervisors for an order under this subsection to proceed with the work specified in subsection (h) above where such work is not deemed by him to require emergency action.

(j)

Costs incurred under subsections (h) and (i) shall be paid by the County. Such costs shall be charged to the owner of the premises involved. The Building Official may apply to the Board of Supervisors to cause the costs for such work specified in subsection (h), and shall make such application for costs incurred under subsection (i), to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.

(k)

Vacation of Premises, posting of signs. If necessary, the notice shall require the building or structure or portion thereof or other site to be vacated forthwith, and within the time specified, in the interest of immediate public safety pending the finality of any determination and order.

The Building Official shall cause to be posted at each entrance to such building a notice to prohibit occupancy.

Such notices shall remain posted until the corrected conditions, required repairs, rehabilitation, removal or demolition are completed and a Certificate of Occupancy is issued as set forth in this Code.

Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. The notice required by this section may be served either:

(1)

By delivering a copy to the owner or authorized representative as designated on papers, applications, or permits on file with the Building Official, personally; or

(2)

If either or both be absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy of certified mail, receipt requested, addressed to the owner or authorized representative at his place of residence; or

(3)

If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building structure, and also delivering copy to a person there residing, if any; to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building, or structure is situated, or to the owner at his last known or designated address, or both.

by affixing a copy in a conspicuous place on the property, building structure, and also delivering copy to a person there residing, if any; to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building, or structure is situated, or to the owner at his last known or designated address, or both.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-17. - Section 105.2 of Division II of Chapter 1 Amended.

Section 105.2 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended to replace items 1 and 2, and add item 14 as follows:

(1)

One-story detached accessory buildings used as tool and storage sheds, play houses and similar uses, provided the floor area does not exceed 120 square feet, and the structure is at least 3 feet from property line and 6 feet from other buildings or structures located on the same property. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

(2)

Fences not over six (6) feet high. Exception: Walls and fences less than six (6) feet in height which are required as a condition of project approval to have permits.

(14)

Other incidental structures and improvements of a minor nature may be exempt from the provisions of this Code upon the determination of the Building Official.

Note: The balance of Section 105.2 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-18. - Section 105.3 of Division II of Chapter 1 Amended.

Section 105.3 of Division II of Chapter 1 of the 2022 California Building code is hereby amended to read as follows:

Section 105.3 Application for permit. A separate permit shall be required for each building or structure. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the OC Public Works for that purpose. Such application shall:

1.

Identify and describe the work to be covered by the permit for which application is made.

2.

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3.

Indicate the use and occupancy for which the proposed work is intended.

4.

Be accompanied by construction documents and other information as required in Section 107.

5.

State the valuation of the proposed work.

6.

Be signed by the applicant, or the applicant's authorized agent.

7.

Give such other data and information as required by the Building Official.

Note: The balance of Section 105.3 is implemented as written, except Section 105.3.2 is deleted.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-19. - Section 105.5 of Division II of Chapter 1 Replaced.

Section 105.5 of Division II of Chapter 1 of the 2022 California Building Code is hereby replaced as follows:

PERMIT EXPIRATION

Section 105.5 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be commenced or recommenced, a permit shall first be extended or re-issued.

(1)

Requesting extension of an unexpired permit: Any permittee holding an unexpired permit or a permit which has expired for less than 180 days may apply for an extension of time within which permittee may commence work under that permit when he/she is unable to commence or recommence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits extended in this manner shall not be subject to new regulations adopted after issuance of the permit. Fees for time extension shall be as established by the Board of Supervisors.

(2)

Requesting re-issuance of a permit which has been expired for 180 days or more: Any permittee holding a permit which has been expired for 180 days or more may apply for re-issuance of the permit subject to compliance with current regulations and payment of full plan check and permit fees. Plans must be resubmitted for plan check. Portions of the structure which have been built under the expired permit shall not be subject to current regulations.

(3)

For the purpose of permit extension, multiple permits of the same structure such as building, foundation, retaining wall, plumbing, mechanical, and electrical permits shall be considered as one permit. Extension of building permit shall include extension of ancillary permits of the same structure. Each separate permit with work completed inspected and approved entirely prior to suspension or abandonment shall not be subject to extension or re-issuance.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-20. - Section 105.8 of Division II of Chapter 1 Added.

Section 105 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended by adding Section 105.8 to read as follows:

Section 105.8 Change of Contractor or of Ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions of section 105.5 above are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge, other than a

change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions of section 105.5 above are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge, other than a

"name change" and the permit issuance fee, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, fees as established by the Board of Supervisors shall be charged to the permit application.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-21. - Section 109 of Division II of Chapter 1 Replaced.

Section 109 of Division II of Chapter 1 of the 2022 California Building Code is hereby replaced to read as follows:

Section 109. FEES AND PLAN REVIEW

Section 109.1 General. A fee as established by the Board of Supervisors shall be paid for each permit at time of issuance.

Section 109.2 Permit Fees. The determination of value or valuation under any of the provisions of this Code shall be as established by the Board of Supervisors. The valuation shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

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 Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

Section 109.3 Plan Review Fees. When a plan or other data is required to be submitted for plan review, a plan-checking fee shall be paid at the time of submitting plans and specifications for checking. Said planchecking fee shall be established by the Board of Supervisors.

Section 109.4 Expiration of Plan Review. Application for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period of 180 days on 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. Extension or renewal of building permit application shall include extension or renewal of ancillary permit applications of the same structure.

nces 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. Extension or renewal of building permit application shall include extension or renewal of ancillary permit applications of the same structure.

Section 109.5 Investigation Fee. An investigation fee as established by the Board of Supervisors may be charged by the Building Official whenever work for which a permit is required by this Code has been commenced without first obtaining said permit. This fee shall be paid and the investigation shall be made prior to the issuance of any permit for said work. An investigation fee may be charged for any investigation of a building, structure, work reports, certification or any other related work requested by an owner or authorized agent of such owner.

Section 109.6 Fee Refunds. The Building Official may authorize refunding of fee which was erroneously paid or collected.

Section 109.7 Additional Plan Review Fees. Where plans are incomplete or changed so as to require additional plan checking, an additional plan checking fee as established by the Board of Supervisors shall be paid. Said fee may be waived when in the opinion of the Building Official the additional fee is not warranted.

Section 109.8 Conversion Inspection Fee. A fee as established by the Board of Supervisors shall be paid when a conversion inspection is required by the Building Official.

Note: The conversion fees do not include the fees for the building permit, nor fees for electrical, plumbing or heating and ventilating permits covering the alterations and/or repairs of the conversion.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-22. - Section 111 of Division II of Chapter 1 amended.

Section 111 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

Section 111. CERTIFICATE OF OCCUPANCY

Section 111.1 Use and Occupancy. No building or structure shall be used or occupied, nor shall the gas or electrical systems be energized, until the Building Official has determined compliance with this Code, all other applicable ordinances and laws and the conditions of the building permit, and has authorized occupancy of such building or structure by the issuance of a Certificate of Occupancy therefore as provided herein. 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 therefore as provided herein.

Exception: Gas and electrical systems may be energized prior to the issuance of a Certificate of Occupancy when properly authorized by the Building Official for the purpose of testing systems or equipment.

111.2 Certificate Issue. After the Building Official inspects the building or structure and finds no violation of the provisions of this Code or other applicable laws and regulations, the Building Official shall issue a Certificate of Occupancy.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid.

Note: Sections 111.3 and 111.4 are implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-23. - Section 113 of Division II of Chapter 1 replaced.

Section 113 of Division II of Chapter 1 of the 2022 California Building Code is hereby replaced to read as follows:

HEARING OFFICER

Section 113.1 General. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code, there shall be and is hereby created a Hearing Officer. Hearing Officer shall be appointed by the Director of OC Public Works.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-24. - Section 114 of Division II of Chapter 1 amended.

Section 114 of Division II of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

VIOLATIONS AND PENALTIES.

Section 114.1. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the unincorporated area of the County of Orange, or cause or permit the same to be done in violation of this Code.

Any person, firm, corporation violating any of the provisions of this Code 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 violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

In addition to any such fine or imprisonment, the court may also require such party to correct of mitigate the building violation to the satisfaction of the Building Official.

Section 114.1.1 In addition to the provisions of the subsections above, a notice of violation of this Code may be recorded in accordance with the following procedures.

Notice of intent

A written notice of intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation and the action necessary to correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the

owner does not, within 20 days of receipt thereof, either correct the violation or request a meeting with the Building Officials as set forth below. The notice shall include a copy of this subsection 114.1.1 and be substantially as follows:

Notice of Continuing Violation of the California and Orange County Building Code.

Notice is hereby given that the County of Orange has determined that a violation of the above Code exists on the following described property (description). The violation consists of (description).

While a violation of the above Code exists, the County of Orange may refuse to approve building or occupancy permits, subdivision maps, use permits, and other discretionary permits and development approvals.

2.

Correction of Violation

If, within 20 days of receipt of a notice of intent, the owner corrects the violation, no notice of violation shall be recorded. The Building Official may grant extensions of time for good cause.

3.

Meeting

If the owner requests a meeting, the Building Official shall schedule a meeting. Notice of the meeting shall be served on the owner not less than 15 days prior thereto. The Building Official may reschedule the meeting from time to time for a good cause with adequate notice to the landowner. At the meeting, the owner may be represented by counsel and may present any relevant evidence that violations do not exists.

4.

Decision, Notice

Within 30 days following completion of the meeting, the Building Official shall issue and serve on the owner his determination as to whether or not a notice of violation will be recorded. This determination shall be supported by appropriate findings on all material issues raised at the meeting. The decision of the Building Official shall be final with respect to recordation of a notice of violation, but shall not affect other proceedings under Section 114.1.1.

5.

Recordation

If the Building Official determines that a notice will be recorded, such notice shall be recorded 15 days or more days after service of notice of the decision.

6.

Release of Notice

When a violation is corrected or mitigated to the satisfaction of the Building Official, if a notice of violation had been recorded, the Building Official shall cause a release to be recorded. Said release shall refer to the notice of violation and shall state that the violation described therein has been corrected.

Note: The balance of Section 114 is implemented as written, except Section 114.4 is deleted.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-25. - Sections 117, 118, 119, and 120 of Division II of Chapter 1 added.

Division II of Chapter 1 of the 2022 California Building Code is hereby amended by adding Sections 117, 118, 119, and 120 to read as follows:

PLASTERING PERMITS, FEES

Section 117. It shall be unlawful for any person, firm or corporation, whether acting as principal, agent or employee, to do or cause or permit to be done any plastering work, interior or exterior, within the area covered by this Code without first obtaining a permit therefore from the Building Official, and further:

1.

Every applicant for a permit to plaster shall state, in writing on the application form provided for that purpose, the character of the work proposed to be done and the amount and kind, together with such information pertinent thereto, as may be required.

2.

Such applicant shall pay for each permit issued a fee as established by the Board of Supervisors.

3.

Any person who shall commence on plastering work for which a permit is required by this Code without having first obtained a permit therefore, shall, if subsequently permitted to obtain a permit, pay double the fees fixed by this Code for such work.

Emergency Measures

Section 118. Section 116 of Division II of chapter 1 of 2022 California Existing Building Code is added to be Section 118 of Division II of Chapter 1 of 2022 California Building Code.

Demolition

Section 119. Section 117 of Division II of chapter 1 of 2022 California Existing Building Code is added to be Section 119 of Division II of Chapter 1 of 2022 California Building Code.

Electrical Charging stations:

Section 120. An expedited review and permit issuance process is provided for Electrical Charging Stations and simplified forms for submittal are available on the County's website per Assembly Bill AB1236, California Government Code Section 65850.7.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Section 1507.3 of the 2022 California Building Code is hereby amended to add Section 1057.3.11 as follows:

Section 1507.3.11. For the design of fasteners for tile roofing materials, the unincorporated area of the County shall be considered as a "Special Wind Region" with a basic wind speed over nominal 95 miles per hour.

Note: The balance of Section 1507.3 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-27. - Section 1507 amended.

Section 1507 of the 2022 California Building Code is hereby amended to add Section 1507.18 as follows:

Section 1507.18. The roof covering or roof assembly on any structure regulated by this Code shall be as specified and classified in Chapter 15.

Exceptions:

1.

All new buildings and additions shall be minimum Class B roof.

2.

Re-roofing, repairs or replacements on buildings shall be of the same classification as the original roof except that non-rated and Class C roofs shall be a minimum Class C.

3.

When any re-roofing, repair or replacement to an existing roof exceeds 40 percent of the roof area, the entire roof shall be replaced with minimum class B roof.

4.

Roofing on buildings located within Wildland - Urban Interface Fire Area shall be Class A and meet additional requirements of Chapter 7A of the California Building Code.

Note: The balance of Section 1507 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-28. - Section 1612.3 amended.

Section 1612.3 of the 2022 California Building Code is hereby amended to insert:

NAME OF JURISDICTION: Orange County, California- Unincorporated

DATE OF ISSUANCE: March 21, 2019

NOTE: The balance of Section 1612.3 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-29. - Section 1704.2.1 amended.

SPECIAL INSPECTIONS

Section 1704.2.1 of the 2022 California Building Code is hereby amended to add Section 1704.2.1.1 as follows:

Section 1704.2.1.1 Special Inspector. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the Building Official, for inspection of the particular type of construction or operation requiring special inspection.

Each person applying for listing as a special inspector for the OC Public Works of the County of Orange shall provide evidence of experience and possess a valid Certification as a Special Inspector issued by the International Code Council (ICC) or equivalent as determined by the Building Official for each classification for which the person is applying.

A County of Orange registration card, which identifies the person as a special inspector in the appropriate category, shall be issued to each such person that has successfully completed the application and examination process as determined by the Building Official and upon payment of a registration fee as established by the Board of Supervisors.

The annual renewal of the registration cards shall occur on renewal date of ICC certification or equivalent for the classification being renewed. A renewal fee established by the Board of Supervisors for each inspection category shall be charged. The application and renewal fee shall be accompanied by appropriate evidence that the person's ICC or equivalent special inspector's certification is valid.

The Building Official may revoke any County of Orange special inspector's registration card at any time for due cause by written notice. This notice shall set forth the time and place a hearing shall be held before the Building Official at which time and place evidence would be submitted to show cause why the registration card should not be withdrawn. Failure to appear at such hearing by the special inspector may result in immediate revocation of said special inspector's registration card.

Note: The balance of Section 1704.2.4 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-30. - Appendix J of 2022 California Building Code hereby amended by the OC Grading and Excavation Code, latest edition.

In the event of any conflict between the OC Grading and Excavation Code and Appendix J, the more restrictive condition shall prevail.

(Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-31. - Not used. Sec. 7-1-32. - Not used. Sec. 7-1-33. - Section 903.2 amended.

Section 903.2 of the 2022 California Building Code is hereby amended to read as follows:

[F] Section 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1.

New Buildings: Notwithstanding any applicable portions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 m[2 ] ), or more than two stories in height, regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

2.

Existing building. Notwithstanding any applicable provisions of this Code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exist.

a.

When the addition is 33% or more of the existing building area and the resulting building area, exceeds 5,000 square feet (465m[2 ] ); or

b.

When the addition exceeds 2,000 (185.81m[2 ] ) square feet and the resulting building area, exceeds 5,000 square feet (465m[2 ] ); or

c.

An additional story is added above the second floor regardless of fire areas or allowable area.

Note: The balance of Section 903.2 beginning with Section 903.2.1 is implemented as written with exception that Section 903.2.8 is amended.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-34. - Section 903.2.8 amended.

Section 903.2.8 of the 2022 California Building Code is hereby amended to read as follows:

[F] Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1.

New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

Existing buildings: All existing buildings shall be equipped with an automatic sprinkler when the alteration or addition meets the following conditions:

a.

Alteration: When the area of the existing structure is greater than 5,500 square feet and the area of alteration within any two year period exceeds 50% of area of the existing structure.

Exception: When the cost of installing an approved automatic fire sprinkler exceeds 5% of the cost of the alteration, with the approval of the Fire Code Official, the required automatic fire sprinkler system may be omitted.

b.

Addition: The addition and existing building shall be equipped with an automatic sprinkler system when the total square footage of the structure, including any addition greater than 550 square feet, is 5,500 square feet or greater.

Exception: When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the addition, with the approval of the Fire Code Official, the required automatic sprinkler system may be omitted.

Note: The balance of Section 903.2.8, beginning with Exceptions, is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-35. - Section 903.3 amended.

Section 903.3 of the 2022 California Building Code is hereby amended to add Section 903.3.5.3:

[F] Section 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3

==> picture [192 x 144] intentionally omitted <==

Note: The balance of Section 903.3 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-36. - Deleted. Sec. 7-1-37. - Not used. Sec. 7-1-38. - Deleted. Sec. 7-1-39. - Deleted. Sec. 7-1-40. - Deleted. Sec. 7-1-41. - Deleted. Sec. 7-1-42. - Deleted. Sec. 7-1-43. - Deleted. Sec. 7-1-44. - Chapter 35 amended.

Chapter 35 of the 2022 California Building Code and the 2021 International Building Code is hereby amended to read as follows:

Chapter 35 Referenced Standards is hereby adopted and revised as follows:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

Section 16.12.3.3. Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½" inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2 ½ inch inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

Section 9.4.3.1. When the fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is Submitted Sprinklers in light hazard occupancies shall be one of the following.

Quick-response type as defined in 3.6.4.8

2.

Residential sprinklers in accordance with the requirements of 8.4.5.

3.

Quick Response CMSA sprinklers

ESFR sprinklers

5.

Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6.

Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing high hazard systems

Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

NFPA 13D 2022 Edition, Standard for the installation of sprinkler systems in one and two-family dwellings and manufactured homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

Section 7.1.2. The sprinkler system piping shall not have a separate control valves installed unless supervised by a central station, proprietary or remote station alarm service. NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety:

NFPA 24, 2019. Edition, Standard for the installation of private fire service mains and their appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

Section 6.2.8.1. All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1.

Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2.

Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised as follows:

Section 6.2.9. All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

(1)

A post indicator valve installed not less than 40 ft (12 m) from the building

(a)

For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.

(2)

A wall post indicator valve

(3)

An indicating valve in a pit, installed in accordance with Section 6.4

(4)

A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building

(a)

For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.

(5)

Control Valves installed in a fire-rated room accessible from the exterior.

(6)

Control Valves in a fire-rated stair enclosure accessible from the exterior.

Section 10.1.5 is hereby added as follows:

Section 10.1.5. All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with a 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless steel pipe and fittings.

Section 10.4.1.1 is hereby revised as follows:

Section 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosive-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1. is hereby added as follows:

Section 10.4.1.1.1. All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby Deleted:

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-45. - Section 3109 adopted and amended.

Section 3109 of the 2022 California Building Code is hereby adopted and amended to read as follows:

Section 3109 SWIMMING POOLS, SPAS and HOT TUBS

Section 3109.1 General. The design and construction of private swimming pools, spas and hot tubs shall comply with the 2022 California Residential Code, Appendix AX, Swimming Pool, Spa, Hot tub Safety as adopted and amended.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-46 - Not used.

Sec. 7-1-47. - Table R301.2(1) amended.

Table R301.2(1) of the 2019 California Residential code is revised to read:

a.

Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this Code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index (i.e. "negligible", "moderate" or "severe") for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from the ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

b.

Where the frost line depth requires deeper footings than indicated in Figure R403.1 (1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c.

The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d.

The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2)] Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e.

The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.

f.

The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g.

The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and the date of the currently effective Flood insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.

h.

In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES". Otherwise, the jurisdiction shall fill in this part of the table with "NO".

i.

The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3 (2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F) at www.ncdc.noaa.gov/fpsf.html.

j.

The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.

k.

In accordance with Section R301.2.1.5 where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES". Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

l.

In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of table.

m.

In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of table.

n.

The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.

o.

The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).

TABLE A

338, 339, 345, 375[1 ] , 377, 404, 406[1 ] , 407, 408, 409, 412, 416, 417, 419, 426, 428, 432, 434, 436, 438, 441, 442, 444, 451, 452, 453, 454, 460, 465, 470, 500, 526, 527[1 ] , 529[1 ] , 535[1]

1 PANEL NOT PRINTED - NO SPECIAL FLOOD HAZARD AREAS

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-48. - Section R313.1 amended.

Section R313.1 of the 2022 California Residential Code is hereby amended to read as follows:

Section R313.1. Townhouse Automatic Fire Sprinkler Systems. Fire sprinkler systems shall be provided as required under Section 903.2.8 of the California Building Code with amendments by County Ordinance.

Note: The balance of Section R313.1, beginning with Section R313.1.1. is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-49. - Section R313.2 amended.

Section R313.2 of the 2022 California Residential Code is hereby amended to read as follows:

Section R313.2. One and Two Family Dwellings Automatic Fire Sprinkler Systems. Fire sprinkler systems shall be provided as required under Section 903.2.8 of the California Building Code with amendments by the County Ordinance.

Note: The balance of Section R313.2, beginning with Section R313.2.1 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-50. - Section R403.1.3 amended.

Section R403.1.3 of the 2022 California Residential Code is hereby amended to delete section R403.1.3.6.

Note: The balance of Section R403.1.3, beginning with Section R403.1.3.1 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-51. - Section R405.1 amended.

Section R405.1 of the 2022 California Residential Code is hereby amended to read as follows:

Section R405.1 Concrete or masonry foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles,

gravel, or crushed stone rains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend at least 1 foot (305mm) beyond the outside edge of the footing and 6 inches (152mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper, and the drainage tiles or perforated pipe shall be placed on a minimum of 2 inches (51mm) of washed gravel or crushed rock at least one sieve size larger than the tile joint opening or perforation and covered with not less that 6 inches (152mm) of the same material.

Note: The balance of Section 405.1, beginning with Section 405.1.1 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-52. - Section R902.1 replaced.

Section R902.1 of the 2022 California Residential Code is hereby amended to read as follows:

Section R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Section R904 and R905. A minimum Class A, B or C roofing shall be installed in areas designated by this section. Classes A, B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1.

All new buildings and additions shall be minimum Class B roof.

2.

Re-roofing, repairs or replacements on buildings shall be of the same classification as the original roof except that non-rated and Class C roofs shall be a minimum Class C.

3.

When any re-roofing, repair or replacement to an existing roof exceeds 40 percent of the roof area, the entire roof shall be replaced with a minimum Class B roof.

4.

Roofing on buildings located within Wildland - Urban Interface Fire Area shall be Class A and meet additional requirements of Chapter 7A of the California Building Code.

For the design of fasteners for tile roofing materials, the unincorporated area of the County shall be considered as a "Special Wind Region" with a basic wind speed over nominal 95 miles per hour.

Note: The balance of Section R902.1, beginning with Section R902.1.1 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-53. - Chapter 44 amended.

Chapter 44 Referenced Standards of the 2022 California Residential Code is hereby adopted in its entirety with the same amendments for Chapter 35 Reference Standards of the 2022 California Building Code.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-54. - Section 105.2 of Division II of Chapter 1 amended.

Section 105.2 of Division II of Chapter 1 of the 2022 California Residential Code is hereby amended to replace items 1 and 2, and add item 11 as follows:

(1)

One-story detached accessory buildings used as tool and storage sheds, play houses and similar uses, provided the floor area does not exceed 120 square feet, and the structure is at least 3 feet from property line and 6 feet from other buildings or structures located on the same property. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

(2)

Fences not over six (6) feet high. Exception: Walls and fences less than six (6) feet in height which are required as a condition of project approval to have permits.

(11)

Other incidental structures and improvements of a minor nature may be exempt from the provisions of this Code upon the determination of the Building Official.

Note: The balance of Section 105.2 is implemented as written.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-55. - Section 202 amended.

Section 202 of the 2022 California Green Building Standards Code is hereby amended to add a definition to read as follows:

Sustainability. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Sec. 7-1-56. - Appendix AX adopted and amended.

Section AX100 of Appendix AX of the 2022 California Residential Code is hereby adopted with amendments in Sections 115922, 115922(a)1, 115922(a)2 and 115923 (e) to read as follows:

Section 115922(a): Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a

private single-family home, the respective swimming pool or spa shall be equipped with item 1 and at least one additional item from 2 through 7 as drowning prevention safety features:

Section 115922(a) item 1: An enclosure that meets the requirements of 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structure used to complete the isolation enclosure shall have door openings equipped with protection as required in 115922(a) item 4 or 5. Any such door protection device provided for this purpose shall not be used to comply with the second drowning prevention safety

Section 115922(a) item 2: Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. This mesh fencing shall not be located less than 20 inches from water's edge.

Section 115923 item (e): An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. In order to be considered non-climbable, the following standards shall be met where applicable: a clear zone of 3 feet measured horizontally from the enclosure, and chain link must have maximum opening dimension of 1 ¾ inches, and horizontal elements which would serve as handholds or footholds must be separated by 48 inches or more.

(Ord. No. 19-006, § 2, 11-5-19; Ord. No. 22-004, § 2, 12-6-22)

Secs. 7-1-57—7-1-80. - Reserved. Sec. 7-1-81. - Small residential solar energy system permits.

(a)

Intent and purpose.

The intent and purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and costeffective installations of small residential rooftop solar energy systems. This section is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the County, and expanding the ability of property owners to install solar energy systems. This section allows the County to achieve these goals while protecting the public health and safety.

(b)

Definitions.

(1)

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(2)

Building Official means the Building Official for the County of Orange.

(3)

County means the County of Orange.

(4)

Common interest development means any of the following:

a.

A community apartment project.

b.

A condominium project.

c.

A planned development.

d.

A stock cooperative.

(5)

Electronic submittal means the utilization of one (1) or more of the following:

a.

Email.

b.

The Internet.

c.

Facsimile.

(6)

Expedited permitting, and expedited review, means the process outlined in Section (f) entitled "expedited permit review and inspection requirements."

(7)

A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the County on another similarly situated application in a prior successful application for a similar permit.

(8)

Hearing Officer is defined in Section 7-1-23 of this article.

(9)

Small residential rooftop solar energy system means all of the following:

a.

A solar energy system that is not larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

b.

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County of Orange and all State of California health and safety standards.

c.

A solar energy system that is installed on a single or duplex family dwelling.

d.

A solar panel or module array that does not exceed the maximum legal building height as defined by the County of Orange.

(10)

Solar energy system means either of the following:

a.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

b.

Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

(11)

"Specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.

(c)

Applicability.

This section applies to the permitting of all small residential rooftop solar energy systems in unincorporated areas of the County. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(d)

Solar energy system requirements.

(1)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the County and the State of California.

(2)

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(3)

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(e)

Duties of Building Official.

(1)

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the County's publicly accessible website.

(2)

Electronic submittal of the required permit application and documents via email, the County's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

(3)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(4)

The Building Official shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.

(5)

The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(6)

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55 and 66015 and Health & Safety Code Section 17951.

(f)

Expedited permit review and inspection requirements.

(1)

The Building Official shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within thirty (30) days of adoption of this section. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the Building Official shall issue a building permit or other non-discretionary permit within three (3) business days. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Hearing Officer.

(2)

Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements.

(3)

If a use permit is required, the building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Hearing Officer.

(4)

If an application for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or

documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission.

(5)

Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist and the standard plan, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

(6)

Only one (1) inspection shall be required and performed by the building inspector for small residential rooftop solar energy systems eligible for expedited review.

(7)

The inspection shall be done in a timely manner and should include consolidated inspections.

(8)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.

(Ord. No. 15-012, § 1, 8-25-15)

Secs. 7-1-82—7-1-93. - Reserved.

ARTICLE 3. - ORANGE COUNTY SIGN CODE

Sec. 7-1-94. - Title.

This article shall hereafter be known and cited as the "Orange County Sign Code."

(Code 1961, § 71.031)

Sec. 7-1-95. - Definitions.

The following terms, as used in this article shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Advertising Surface: The total area of the face of the structure excluding supports.

Combination Sign: Any sign incorporating any combination of the features of ground, projecting and roof signs.

Director: The Director of Environmental Management Agency of the County of Orange, his assistants, deputies, inspectors and officers of the Environmental Management Agency of the County of Orange.

Electric Sign: Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

Erect: To build, construct, attach, hang, place, suspend or affix.

Grade: The elevation of the finished surface of the ground beneath an advertising sign.

Ground Sign: A sign supported by uprights or braces placed upon or into the ground and detached from any building.

Illuminated Sign: A sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

Incombustible Material: Any material which will not ignite at, or below, a temperature of twelve hundred (1,200) degrees Fahrenheit during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in Uniform Building Code Standard 4-1-58.

National Electrical Code: The current National Electrical Code adopted by the Board of Supervisors of this County.

Nonstructural Trim: The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind whatsoever.

Plastic Materials: Materials made wholly or principally from standardized plastics listed and described in the Uniform Building Code.

Projecting Sign: A sign other than a wall sign suspended from or supported by a building or structure and projecting therefrom.

Public safety area: A strip of land twenty (20) feet in width and running parallel with street rights-of-way.

Roof sign: A sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marquees and similar overhangs.

Sign: Any structure, device or contrivance and all parts thereof which are erected or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. This definition also includes electric signs.

This definition shall not be held to include, unless otherwise provided for in this article, any board, sign or surface used exclusively to display official notices issued by any court officer or public officer or a private person in giving legal notice; nor shall it be held to include a nonilluminated ground sign the advertising surface of which does not exceed six (6) square feet and which does not extend more than six (6) feet above grade; nor shall it be held to include a nonilluminated professional sign such as used by a doctor, dentist or similar professional person, provided the advertising surface of such nonilluminated sign does not exceed six (6) square feet and the sign extends not more than six (6) feet above grade.

Uniform Building Code Standards: The current Uniform Building Code Standards of the Uniform Building Code as adopted by the Board of Supervisors of this County.

Uniform Building Code: The current Uniform Building Code (U.B.C.) adopted by the Board of Supervisors of this County.

Wall sign: A sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.

(Code 1961, § 71.032; Ord. No. 3384, § 1, 5-17-83)

Sec. 7-1-96. - Permits required.

No person shall erect or maintain or cause to be erected or maintained any sign or add to an existing sign or move from one location and erect in another location or alter any sign or any part thereof without first obtaining a permit to do so pursuant to Section 7-9-144.

The placing, attaching or superimposing of letters, figures or representations in cutouts of irregular form during the change of advertising copy shall not be considered a structural change for which a permit is required, provided that such sign has been first approved by the Director as a sign capable of receiving such cutouts. Approval of such signs shall be contingent upon proof that the sign is so designed and constructed as to adequately support the loads contributed by the cutouts and/or irregular shapes.

(Code 1961, § 71.033; Ord. No. 3384, § 2, 5-17-83; Ord. No. 98-15, § 66, 12-8-98)

Sec. 7-1-97. - Application for permit.

Application for erection permits shall be made on forms provided by the Director.

The forms shall contain, or have attached thereto, such information as the Director may require to show full compliance with this and all other applicable laws and ordinances of the County of Orange.

Two (2) copies of plans and specifications shall be submitted with the application for a permit for each sign. Such plans shall show method of support and/or attachment, location, materials and colors to be used. Plans for all roof signs and other signs which by reason of their height or characteristics make them subject to excessive stresses shall be accompanied by structural computations showing that the structure is designed for dead load and wind pressures, in any direction in the amount required by this article. Sufficient data shall be submitted to show that the supporting surfaces and other members of the existing building or structure to which a sign is to be attached are in good condition and are adequate to support the additional load imposed.

(Code 1961, § 71.034; Ord. No. 3384, § 3, 5-17-83)

Sec. 7-1-98. - Illuminated signs.

The erection of a sign in which electrical wiring and connections are to be used shall, as a condition precedent to the issuance of a sign permit, require a separate electrical permit in compliance with the National Electrical Code. Prior to erection, the sign shall be physically inspected by the Director.

(Code 1961, § 71.035; Ord. No. 3384, § 4, 5-17-83)

Secs. 7-1-99—7-1-103. - Reserved. Sec. 7-1-104. - Issuance of permit.

It shall be the duty of the Director to examine the plans and specifications upon the filing of a sign permit application; and if it shall appear that the proposed sign is in compliance with this and other applicable codes and ordinances of the County of Orange, he shall, upon receipt of the required fee, issue the permit. Failure to complete work within one hundred twenty (120) days after date of issuance shall make said permit null and void.

(Code 1961, § 71.036; Ord. No. 3384, § 5, 5-17-83)

Sec. 7-1-105. - Conformity to plans.

When the permit is issued, the plans shall be stamped with the Director's approval. No changes, alterations or modifications shall be made thereto. The sign structure shall be erected in conformity with the approved plans unless authorization to modify is obtained from the Director and the plans and records are so changed and noted.

(Code 1961, § 71.037; Ord. No. 3384, § 6, 5-17-83)

Sec. 7-1-106. - Permit fees.

(a)

Permit fees. A fee as established by resolution of the Board of Supervisors shall be paid for each permit at time of issuance.

(b)

Plan check fees. A plan-checking fee shall be paid to the Director at the time of submitting plans and specifications for checking. Said plan-checking fee shall be established by resolution of the Board of Supervisors.

(c)

Investigation fee. An investigation fee as established by resolution of the Board of Supervisors may be charged by the Director whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. This fee shall be paid and the investigation shall be made

prior to the issuance of any permit for said work. An investigation fee may be charged for any investigation of a sign, work reports, certification or any other related work requested by an owner or authorized agent of such owner.

(d)

Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Director.

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 as established by resolution of the Board of Supervisors.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(Code 1961, § 71.038; Ord. No. 3384, § 7, 5-17-83)

Sec. 7-1-107. - Double fees.

Failure to obtain a sign permit prior to the erection of a sign shall require the payment of a double fee; however, payment of the double fee shall not relieve any person from fully complying with other provisions of this article, nor from liability to penalties prescribed herein.

(Code 1961, § 71.039)

Editor's note— The provisions of this section were made inoperative from May 6, 1993, through Oct. 30, 1993, by § 1(c) of Ord. No. 3884, adopted Apr. 6, 1993, effective May 6, 1993.

Sec. 7-1-108. - Permit not an approval of law violation.

The issuance or granting of a sign permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this article; and no sign permit presuming to give authority to violate or cancel the provisions of this article shall be valid except insofar as the work or use which is authorized by the issuance of a sign permit is lawful.

(Code 1961, § 71.0310)

Secs. 7-1-109—7-1-113. - Reserved. Sec. 7-1-114. - Unsafe and unlawful signs.

(a)

Inspection. The Director shall inspect at such times as he deems necessary each sign regulated by this article for the purpose of ascertaining whether the sign is secure or insecure and whether it is in need of removal or repair.

If the Director shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed, erected or maintained in violation of the provisions of this article, it shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 102 —

UNSAFE BUILDING, NUISANCE, NOTICE, ADMINISTRATIVE HEARING, APPEAL — of the Uniform Building Code, as amended by the County of Orange.

(b)

Summary removal. The Director may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

(Code 1961, § 71.0311; Ord. No. 3384, § 8, 5-17-83; Ord. No. 98-15, § 67, 12-8-98)

Sec. 7-1-115. - Maintenance requirements.

No person owning or controlling an advertising sign shall fail to keep such sign in a state of good repair at all times with all braces, bolts, clips and supporting frame free from deterioration, termite infestation, rot, rust, loosening and in such condition that at all times it will withstand the wind pressure specified in this article.

(Code 1961, § 71.0312)

Sec. 7-1-116. - Corrections.

If, after inspection, any advertising sign or any portion thereof is found to violate any provision of this article, the corrections required shall be made promptly and the sign shall be made to conform in all respects and another call for final inspection shall be made.

No person shall continue or proceed with any sign erection work in violation of this article, or of any other code or ordinance regulating such signs after receipt of any notice from the Environmental Management Agency to stop work. The work must be made to comply with the provisions of this article or other such codes or ordinances. Orders given by the Environmental Management Agency to make safe such sign must be complied with promptly. "Stop work notices" and "correction notices" affixed to a sign by an authorized representative of the Environmental Management Agency while erection work on a sign is in progress shall be considered as having been delivered to permittee.

(Code 1961, § 71.0313; Ord. No. 3384, § 9, 5-17-83)

Sec. 7-1-117. - Right of entry.

Upon presentation of proper credentials, the Director may enter, at reasonable times, any building, structure or premises in the unincorporated area of the County of Orange to perform any duty imposed upon him by this article.

(Code 1961, § 71.0314; Ord. No. 3384, § 10, 5-17-83)

Sec. 7-1-118. - Identification required.

No person shall erect, own, control or maintain any sign which does not have the name of such person and the sign permit number plainly and permanently marked, painted or outlined on said sign in a conspicuous place.

On all signs, other than ground signs, the weight of the sign shall be included in the above required information.

(Code 1961, § 71.0315)

Secs. 7-1-119—7-1-123. - Reserved.

Sec. 7-1-124. - Fluorescent, mercury, vapor or high voltage gaseous tube signs.

Each fluorescent, mercury, vapor or high voltage gaseous tube (neon) sign shall, in addition to the above required information, be provided with a legible nameplate, which shall correctly state the manufacturer's name or trademark and the voltage, amperage, total watts and power factor. All the aforementioned types of signs shall have affixed Underwriters' Laboratory labels or recognized testing laboratory labels. Before delivery to the erection site, illuminated gaseous type signs shall be inspected and approved by the Director.

(Code 1961, § 71.0316; Ord. No. 3384, § 11, 5-17-83)

Sec. 7-1-125. - Obstruction to doors, windows or fire escapes.

No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

(Code 1961, § 71.0317)

Secs. 7-1-126—7-1-127. - Reserved.[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Sections 1 and 2 of Ord. No. 3479, adopted Aug. 22, 1984, repealed former §§ 7-1-126 and 7-1-127, pertaining to signs. Said former sections were derived from §§ 71.0318 and 71.0319 of the 1961 Code.

Sec. 7-1-128. - Immoral or unlawful advertising.

It shall be unlawful for any person to exhibit, post or display, or cause to be exhibited, posted or displayed upon any sign anything which constitutes obscene matter, as defined in Penal Code Section 311(a), or which is otherwise unlawful.

(Code 1961, § 71.0320; Ord. No. 98-15, § 68, 12-8-98)

Secs. 7-1-129—7-1-133. - Reserved. Sec. 7-1-134. - 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 be accompanied by plans and specifications as required in section 7- 1-135.

(Code 1961, § 71.0321)

Sec. 7-1-135. - Plans and specifications.

With each application for a sign permit, and when required by the Director for enforcement of any provisions of this article, two (2) sets of plans and specifications shall be submitted. The Director may require plans and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such.

(Code 1961, § 71.0322; Ord. No. 3384, § 12, 5-17-83)

Sec. 7-1-136. - Information on plans and specifications.

Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this article and all relevant laws, ordinances, rules and regulations.

(Code 1961, § 71.0323)

Sec. 7-1-137. - Design.

(a)

General. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof.

The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

(b)

Wind. Signs and sign structures shall be designed to withstand the minimum horizontal pressures set forth in Table No. 1, allowing for wind from any direction. The wind pressures set forth in Table No. 1 are minimum values and may be adjusted by the Director for areas subjected to higher wind pressures.

(c)

Wind pressure. Signs and sign structures shall be designed and constructed to withstand pressures acting upward normal to the surface, equal to one and one-fourth (1¼) times those specified for the

corresponding height zone in which the roof is located. The height is to be taken as the mean height of the sign above grade and the pressure assumed on the entire sign area.

Table No. 1. Wind Pressures for Various

Height Zones Above Grade

(d)

Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the Uniform Building Code.

(e)

Combined loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

(f)

Allowable stresses. The design of wood, concrete or steel members shall conform to the requirements of the Uniform Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the Uniform Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty-five (25) per cent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the Uniform Building Code.

tical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the Uniform Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty-five (25) per cent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the Uniform Building Code.

(Code 1961, § 71.0324; Ord. No. 3384, § 13, 5-17-83)

Sec. 7-1-138. - Construction.

(a)

General. The supports for all signs or sign structures shall be securely built, constructed and erected in conformance with the requirements of this article.

(b)

Materials. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the Uniform Building Code. In all signs and sign structures, the materials and

details of construction shall, in the absence of specified requirements, conform with the following:

(1)

Structural steel shall be of such quality as to conform with the Uniform Building Code. Secondary members in contact with or directly supporting the display surface, may be formed of light gauge steel provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in the Uniform Building Code and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot-rolled steel members, furnishing structural support for signs, shall be one-fourth inch, or three-sixteenths inch if galvanized. Steel pipes shall be of such quality as to conform with the Uniform Building Code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the members.

(2)

Anchors and supports when of wood and embedded in the soil, or within six (6) inches of the soil, shall be pressure-treated with an approved preservative. Such members shall be marked or branded by an approved agency.

(c)

Restrictions on combustible materials. Ground signs may be constructed of any material meeting the requirements of this article. Combination signs, roof signs and projecting signs shall be constructed of incombustible materials, except as provided in subsection (d) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.

(d)

Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastics or any combination thereof.

(e)

Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force twenty-five (25) percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in Table No. 1.

Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.

No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.

No anchor or support of any sign shall be connected to, or supported by, a parapet wall, unless such wall is designed in accordance with the requirements specified in the Uniform Building Code for parapet walls.

(f)

Display surfaces. Display surfaces in all types of signs may be made of metal, glass or approved plastics, in accordance with the area limitations set forth in Tables No. 2 and No. 3.

Table No. 2. Limitations of Approved Plastics in Signs

Table No. 3. Size, Thickness and Type of Glass Panels in Signs

(Code 1961, § 71.0325; Ord. No. 98-15, § 69, 12-8-98)

Secs. 7-1-139—7-1-143. - Reserved. Sec. 7-1-144. - Projection and clearance.

(a)

Private property. Projection and clearance of signs over private property are not limited except that such signs projecting more than six (6) inches from the face of a building over private property used or intended to be used by the general public shall have a minimum clearance of eight (8) feet above sidewalk or grade. In no event, however, may a sign project closer than two (2) feet to the curb or street drain line.

(Code 1961, § 71.0326; Ord. No. 3479, § 3, 8-22-84)

Sec. 7-1-145. - Ground signs.

(a)

Defined. A sign supported by uprights or braces placed upon or into the ground and detached from any building.

(b)

Construction and design.

(1)

All ground signs shall conform to the requirements of sections 7-1-134 through 7-1-138.

(2)

All posts, anchors, bracing or any other support that enters into or rests upon the grounds or set in concrete shall be treated with an approved preservative.

(c)

Condition of site. The immediate area surrounding the site of a ground sign shall be maintained by the owner thereof in a clean, sanitary condition, free from rubbish, weeds and all obnoxious substances.

(d)

Removal. Any sign projecting into public property shall be moved, without expense to any public agency, if such moving is necessary because of widening of highway.

(Code 1961, Sec. 71.0327; Ord. No. 3479, § 4, 8-22-84)

Sec. 7-1-146. - Wall signs.

(a)

Defined. A sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.

(b)

Construction and design.

(1)

All wall signs shall conform to the requirements of sections 7-1-134 through 7-1-138.

(2)

The surface or facing shall be of incombustible material; however, combustible structural trim may be used.

(Code 1961, § 71.0328; Ord. No. 3479, § 5, 8-22-84)

Sec. 7-1-147. - Roof signs.

(a)

Defined. A sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marquees and similar overhangs.

(b)

Construction and design. All roof signs shall conform to the provisions of sections 7-1-134 through 7-1138.

(c)

Obstruction of roof openings. No roof sign shall be placed on a roof so as to prevent free passage from one part of the roof to another, nor shall it interfere with any skylight or similar roof openings.

(Code 1961, Sec. 71.0329; Ord. No. 3479, § 6, 8-22-84)

Sec. 7-1-148. - Combination signs.

(a)

Defined. Combination sign shall mean any sign incorporating any combination of the features of ground, projecting and roof signs.

(b)

Classifications. Each portion of a sign which is subject to more than one classification shall meet the requirements for the classification to which such portion is subject.

(Code 1961, § 71.0330; Ord. No. 3479, § 7, 8-22-84)

Secs. 7-1-149—7-1-153. - Reserved. Sec. 7-1-154. - Projecting signs.

(a)

Defined. A sign other than a wall sign suspended from, or supported by, a building or structure and projecting outward therefrom.

(b)

Construction and design. All projecting signs shall conform to the requirements of sections 7-1-134 through 7-1-138.

(c)

Projections. All projecting signs shall conform with the provisions of section 7-1-144.

(Code 1961, § 71.0331)

Sec. 7-1-155. - Nonconforming existing signs.

Every sign lawfully in existence on the adoption of this article shall not be repaired, altered or moved unless it is made to comply with the provisions of this article.

(Code 1961, § 71.0332)

Sec. 7-1-156. - Revocation of permit.

In addition to the penalty provided in the Codified Ordinances of the County of Orange for violation of the provisions of this Code, the Director is authorized to revoke any permit upon failure of the holder thereof to comply with any provision of this article.

(Code 1961, § 71.0333; Ord. No. 3384, § 14, 5-17-83)

Secs. 7-1-157—7-1-166. - Reserved. ARTICLE 4. - NUISANCES

Sec. 7-1-167. - Nuisances.

The Board of Supervisors of Orange County finds:

(a)

That those parcels of land identified as Assessor's Parcels Nos. 83-704-1, 83-140-03, 83-140-06, 83-14007, 83-140-08, 83-140-10, 83-190-13 and 83-190-14, commonly known as the Burris Sand Pit, constitute a danger to life and property due to the manner in which they have been excavated and maintained;

(b)

That such danger is a nuisance;

(c)

That by resolution this date this Board has authorized emergency measures to counteract and diminish this danger, by way of abating this nuisance;

(d)

That the costs of abatement of this nuisance, pursuant to section 25845 of the Government Code, shall be a special assessment against the aforementioned parcels;

(e)

That a hearing shall be conducted by this Board, upon request of the owner of the property or further order of this Board, to determine the amount of such costs to be so assessed;

(f)

That this means of recovering costs incurred as a result of the action or inaction of the property owner is not to be deemed in lieu, or exclusive, of any other remedies available in law.

(Code 1961, § 71.051)

Secs. 7-1-168—7-1-177. - Reserved. ARTICLE 5. - TENT CODE

Sec. 7-1-178. - Adoption of the Tent Code.

The "Tent Code" is hereby adopted by the Board of Supervisors of the County of Orange for the purpose of prescribing regulations for the erection, maintenance and control of tents.

(a)

No person shall erect, operate or maintain a tent or canopy without a permit. Tents used exclusively for camping purposes and tents less than two hundred (200) square feet shall be exempt from the above requirement. The Building Official may upon application made and approved as hereinafter provided, grant permission to erect a tent subject to the following conditions:

(1)

The owner or agent shall furnish an affidavit that all tents to be used which are covered by said permit have been treated by flameproofing solution so as to render them resistant to the action of fire.

(2)

The Orange County Fire Marshal or his duly authorized Deputy may take samples of the proposed tent fabric for the purpose of making flame tests.

(3)

The flameproofing solution or process shall be of a type approved and listed by the California State Fire Marshal.

(4)

Exit requirements as required by the Orange County Fire Marshal or his duly authorized Deputy shall be provided and maintained in accordance with the laws enforced by the County of Orange.

(5)

Fire extinguishers shall be maintained in such numbers and sizes as may be required by the Orange County Fire Marshal or his duly authorized Deputy.

(6)

All electric wiring must conform to the ordinances of the County of Orange and must be approved and inspected by the Building Official.

(7)

All heating or cooking appliances must be approved by the Orange County Fire Marshal or his duly authorized Deputy.

(b)

Every application for permission to erect a tent in the County of Orange shall be in writing and in such form as may be required by the Building Official. In addition to any other information that the Building Official may require, such application shall state the approximate dimensions of the proposed tent, the location at which it is proposed to be erected, its distance from the nearest structure and the purpose for which it is to be used. Such application shall be signed both by the applicant and the owner of the property upon which it is proposed to erect such tent, or their duly authorized representatives. All applicable County ordinances shall be complied with.

(c)

The application shall be filed with the Building Official. The Building Official and the Orange County Fire Marshal or his duly authorized Deputy shall thereupon make such investigation as may be required to determine whether the proposed tent will create an unreasonable hazard to life or property and whether the erection or maintenance thereof will injuriously affect adjacent or nearby property or the residents of the neighborhood. The Building Official and the Orange County Fire Marshal or his duly authorized Deputy shall each by appropriate endorsement upon such application and in accordance with their determination as aforesaid approve or disapprove such application.

(d)

The fee for a tent permit shall be one hundred dollars ($100.00) up to one thousand (1,000) square feet of tent area with an additional five dollars ($5.00) per thousand (1,000) square feet of tent area thereafter.

(e)

The Building Official may revoke any permit granted for the erection and maintenance of a tent within the County at any time when the health, welfare, or safety of the residents of the County or any portion thereof are adversely affected by the continued presence of such tent. Upon the revocation of any such permit, the

person to whom the permit was granted shall, within the time specified by the Building Official, remove such tent.

(Code 1961, § 71.061; Ord. No. 98-15, § 70, 12-8-98)

Secs. 7-1-179—7-1-188. - Reserved.

ARTICLE 6. - RELOCATED BUILDINGS CODE

Sec. 7-1-189. - Adoption of the Relocated Buildings Code.

The "Relocated Buildings Code" is hereby adopted by the Board of Supervisors of the County of Orange for the purpose of prescribing regulations for the relocation of buildings and structures.

(A)

General. Buildings or structures moved or relocated into or within the County shall comply with the provisions of this Code and all other applicable Orange County Codes.

(B)

Permits Required. No building or structure shall be moved or relocated unless and until a permit to relocate the building or structure has been issued by the Building Official to the owner of the premises to which the building or structure is proposed to be moved. Such permit shall be designated as a "relocation permit."

(C)

Definitions:

(1)

Bond as used herein shall mean a surety bond, cash bond, letter or credit or similar instrument which in the opinion of the Building Official will comply with the intent of this Code and will indemnify the County against any cost which may result from the permittee's failure to comply with all of the conditions attached to the granting of a relocation permit.

(2)

Building official as used herein shall mean the Director of the Environmental Management Agency or his duly authorized representative.

(D)

Relocation permit Issuance and Enforcement

(1)

Application—Conditions:

a.

Every application for a relocation permit shall be in writing upon the forms furnished by the Building Official and shall set forth such information as that the Building Official may reasonably require in order to carry out the purpose of this section.

b.

No permit shall be issued to relocate any building or structure which is so constructed or in such condition that it does not conform to or which cannot be repaired or reconstructed to conform to the requirements of the County Codes.

c.

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made in the judgment of the Building Official, the permit shall be denied.

d.

The Building Official shall, in issuing any relocation permit, impose such terms and conditions as may be necessary to assure compliance with the requirements of all applicable County Codes. The terms and conditions upon which each permit is granted shall be specified in writing in the permit or attached thereto.

(2)

Relocation permit—Bond required:

a.

No relocation permit shall be issued unless the applicant has posted with the Building Official a bond, executed by the owner of the premises where the building or structure is to be located, as principal and by a surety company or financial institution authorized to do business in this State, as surety.

b.

The bond, which shall be in form joint and several, shall name the County of Orange as obligee and shall be in an amount equal to the cost, plus twenty-five (25) percent, of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the Building Official.

In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a cash deposit in the amount named above and is conditioned as required in the case of a surety bond. Such a bond is hereinafter called a "cash bond" for the purposes of this Section.

c.

No bond, however, needs to be posted in any case where the Building Official determines that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property of the same owner. The exceptions shall not apply unless the Building Official finds that no such security is necessary in order to assure compliance with the requirements of this section.

(3)

Relocation permit bond—Conditions:

Every bond posted pursuant to this section shall be conditioned as follows:

a.

That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official.

b.

That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time specified in the relocation permit. If no time limit is specified, within one hundred twenty (120) days after the date of issuance of the permit.

c.

The time limit herein specified or the time limit specified in any permit may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless in writing and no such extension shall release any surety from any bond.

(4)

Period and Termination of Bond:

a.

The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement signed by the Building Official, a copy of which shall be sent to the surety and to the principal.

b.

When a cash bond has been posted, the cash shall be returned to the depositor or to the depositor's successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as provided for elsewhere in this section.

(5)

Default in Performance of Conditions—Notice to be Given:

a.

Whenever the Building Official shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond.

b.

Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work.

c.

After receipt of such notice, the surety or the principal of a bond must within the time specified cause the required work to be completed.

d.

Should the surety or the principal of a bond fail to cause the work, specified in the notice of default, to be done within the time provided, the Building Official shall set the matter for an administrative hearing.

(6)

Default Hearing and Procedures:

a.

Inspection. The Building Official shall examine every building or structure or portion thereof which is subject to the provisions of this section and the permit has been found to be in default.

Said inspection shall be conducted in accordance with the provisions of this Code, other applicable statute and the ordinances, rules and regulations of the County of Orange.

b.

Notice of Default Hearing. The Building Official shall give notice, setting forth the work to be done and the estimated cost thereof to the surety, the owner, other responsible person or authorized representative, hereinafter referred to as "owner," of such building or structure. The notice shall set forth the right of the owner to be present at the hearing and to introduce such relevant evidence on the issues as the owner desires. The notice shall also set forth the requirements for commencement and completion of work and the effect of failure to do so as set forth in subsections of this section.

The notice shall set forth the time and place of the hearing to be held before the Building Official. At the time and place so specified, evidence shall be submitted as to the facts of any such default as to reasonably determine whether the facts so established constitute a default of any of the terms or conditions of the permit.

The notices required by this section served as specified herein shall be deemed to be proper notice:

1.

By delivering a copy to the owner, as designated on papers, applications or permits on file with the Building Official, personally; or

2.

By leaving a copy with a person of legal age and discretion at the owner's designated place of residence or business and sending a copy by certified mail, return receipt requested, to the owner's designated place of

residence or business; or

3.

If the owner's place of residence or business cannot be ascertained or a person of legal age or discretion cannot be found at either place, then by affixing a copy in a conspicuous place on the building or structure on the premises to which the building or structure has been relocated and also delivering a copy to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the building or structure is situated, or to the owner's last known or designated address, or both.

c.

Administrative Order: At the hearing and upon the determination that there is a default, the Building Official shall determine if the building or structure can be reasonably completed in compliance with all applicable codes or if the building or structure should be removed and shall order such completion or removal and shall specify the time within which the work is to be completed. The order shall also contain notice that should the owner fail, neglect, or refuse to comply with the order, then the Building Official shall cause the work to be done and the cost thereof to be levied against the bond as specified herein.

if the building or structure should be removed and shall order such completion or removal and shall specify the time within which the work is to be completed. The order shall also contain notice that should the owner fail, neglect, or refuse to comply with the order, then the Building Official shall cause the work to be done and the cost thereof to be levied against the bond as specified herein.

The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time; the determination and order shall become final within five (5) days, excluding Saturdays, Sundays and holidays, from the time it is first rendered or, in the event that the owner was not present at the hearing, within five (5) days of the mailing of the order to the last known address of the owner, whichever first occurs.

d.

Appeal. The owner shall, if the owner desires to do so, at any time prior to the determination and order becoming final as heretofore set forth, appeal the decision of the Building Official to the Board of Supervisors of the County of Orange, who shall fix a time and place therefor and hold a hearing, and shall thereupon make a determination and order affirming, reversing or modifying the determination and order of the Building Official as the Board of Supervisors may deem proper. The order of the Board of Supervisors shall be immediately final.

e.

Commencement of Work and Completion. The owner shall, upon the expiration of five (5) days, excluding Saturdays, Sundays and holidays, following the finality of the determination and order of the Building Official (or, if appealed, the determination and order of the Board of Supervisors), commence the work ordered, and such work will be completed within the time specified.

f.

Failure to Commence Work. If the owner neglects or fails to commence, within the time provided, the corrective work deemed necessary and as ordered, the owner shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five (25) percent of said estimated cost. Upon receipt of such monies, the Building Official shall proceed by such

mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of the monies received.

If a cash bond has been posted and if the compliance is not obtained within the time specified, the Building Official shall proceed, without delay and without further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to the depositor's successors or assigns, after deducting the cost of the work plus twenty-five (25) percent thereof.

(E)

Relocation permit fees: Before any application for a relocation permit is accepted for filing, the fees as established by Resolution of the Board of Supervisors shall be paid by the applicant to cover the cost to the County of Orange of the inspection of the condition of the building to be moved and the inspection of the proposed new location. The inspection fee shall be in addition to the building permit fee or any other fee or charge required by any other applicable Orange County ordinance or Resolution of the Board of Supervisors.

(F)

Expiration: If a relocation permit has not been issued within one hundred twenty (120) days after the applicant has been notified of the result of the inspection, a new inspection fee shall be paid and the building shall be reinspected before a relocation permit may be issued.

(Code 1961, § 71.071; Ord. No. 3472, § 1, 7-10-84)

Secs. 7-1-190—7-1-199. - Reserved. ARTICLE 7. - UNIFORM HOUSING CODE[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 99-13, §§ 1, 2, adopted May 25, 1999, amended the Code by repealing former art. 7, §§ 7-1-200—7-1-207, and adding a new art. 7, §§ 7-1-200—7-1-207. Former art. 7 pertained to the Uniform Housing Code, 1994 edition, and derived from Ord. No. 3771, adopted January 10, 1990; Ord. No. 3870, adopted October 27, 1992; and Ord. No. 3951, adopted December 12, 1995.

Sec. 7-1-200. - Adoption of the Uniform Housing Code.

a.

The Board of Supervisors of the County of Orange hereby adopts the Uniform Housing Code, 1997 Edition, as published in the International Conference of Building Officials; except Chapters 11, 12, 13, 14, 15, and 16, and except such portions as are deleted, modified or amended in this Article.

b.

The purpose of the Code is to prescribe regulations for the erection, construction, enlargement, alteration, repair, maintenance, moving, improving, removal, conversion, demolition, and occupancy of all buildings or portions thereof used or designed or intended to be used for human habitation.

c.

Not less than one (1) copy has been made and is now filed in the office of the Planning and Development Services Department. This is hereby adopted and incorporated as if set forth at length herein.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-201. - Enforcement authority.

The Planning and Development Services Department of the County of Orange shall administer and enforce the provisions of this code.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-202. - Section 104 amended.

Section 104 of said Uniform Housing Code is hereby amended to read as follows:

APPLICATION TO EXISTING BUILDINGS AND STRUCTURES

Section 104.1(a) Additions, Alterations, or Repairs. For additions, alterations or repairs, see subsection 3403 of the 1994 Building Code.

104.2 Relocation. Building or structures moved into or within the unincorporated area of the County and County owned buildings or structures moved into incorporated cities shall comply with the requirements of the Relocated Building Code.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-203. - Section 201 amended.

Section 201 of said Uniform Housing Code is hereby amended to read as follows:

GENERAL

Section 201.1 Authority. The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this code. For such purposes, he shall have the powers of a law enforcement officer. He is empowered to adopt and enforce rules and regulations to clarify and expand the provisions of this code in conformity with the spirit and intent of its stated purpose.

201.2 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, 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 or code violation which makes such building or premises unsafe, dangerous, hazardous or substandard, as defined in Section 202 of this Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by the Code, provided

that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner and other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

201.3 Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. The owner or his designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.

Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition including the shared or public areas in a building containing two or more dwelling units.

Every owner shall, where required by this Code, or by other laws or regulations, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

ain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by other law and regulation.

Every occupant shall, where required by this Code or by other laws and regulation, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-204. - Section 202 amended.

Section 202 of said Uniform Housing Code is hereby amended to read as follows:

SUBSTANDARD BUILDING, NUISANCES, PROCEDURE

Section 202. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 203, Unsafe Building, Nuisance, Notice, Administrative Hearing Appeal, of the Uniform Building Code, as amended by the County of Orange.

Efficiency Living Unit is a dwelling unit containing only one habitable room.

Health Officer shall mean the Health Officer of the County of Orange.

Hot Water is hot water supplied to plumbing fixtures at a temperature of not less than 110 F.

Mechanical Code shall mean the Uniform Mechanical Code, published by the International Conference of Building Officials as amended and adopted by the County of Orange.

Nuisance. The following shall be defined as nuisances:

1.

Any public nuisance known at common law or in equity jurisprudence.

2.

Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

3.

Whatever is dangerous to human life or is detrimental to health, as determined by the Building Official.

4.

Overcrowding a room with occupants.

5.

Insufficient ventilation or illumination.

6.

Inadequate or unsanitary sewage or plumbing facilities.

7.

Uncleanliness, as determined by the Health Officer.

8.

Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

Plumbing Code shall mean the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials as amended and adopted by the County of Orange.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-205. - Section 203 amended.

Section 203 of said Uniform Housing Code is hereby amended to read as follows:

BOARD OF APPEALS

Section 203. In order to provide for final interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals as specified in Codified Code section 7-1-16.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-206. - Section 204.

Section 204 of said Uniform Housing Code is hereby amended to read as follows:

VIOLATIONS AND PENALTIES

Section 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.

Any person, firm or corporation violating any of the provisions of this Code 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 violation or any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Sec. 7-1-207. - Section 401 amended.

Section 401 of said Uniform Housing Code is hereby amended to read as follows:

DEFINITIONS

Section 401. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivative shall be construed as specified in either this chapter or as specified in the Building Code.

Building Code shall mean the Uniform Building Code published by the International Conference of Building Officials as amended and adopted by the County of Orange.

Building Official as used herein shall mean the person appointed to that position by the Director of the Planning and Development Services Department.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Secs. 7-1-208—7-1-799. - Reserved.

ARTICLE 8. - ORANGE COUNTY GRADING AND EXCAVATION CODE[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Section 1 of Ord. No. 3279, enacted Sept. 10, 1981, repealed former art. 8, §§ 7-1-800—71-859, of div. 1 of title 7, providing for excavation, grading and earthwork regulations and derived from Ord. No. 2800, § 2, enacted Dec. 17, 1974. Section 2 of Ord. No. 3279 added a new art. 8, §§ 7-1-800—7-1845, to read as set out in §§ 7-1-800—7-1-807, 7-1-810—7-1-820, 7-1-841, 7-1-844—7-1-851 and 7-1855—7-1-859.

Subarticle 1. - General Provisions

Sec. 7-1-800. - Title reference to Code.

This article shall be known as and may be cited as the "Orange County Grading and Excavation Code." "Code" as referred to in this article, unless the context clearly indicates otherwise, shall mean the Orange County Grading and Excavation Code.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-801. - Grading manual.

(a)

The Director shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this Article. Such rules, procedures and interpretations shall be referred to as the "Orange County Grading Manual" or the "Grading Manual."

(b)

The Grading Manual shall include provisions to assure that the water quality requirements relevant to activities subject to this article apply to all such activities.

(c)

In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any grading permit by the Building Official, be binding on the permittee.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, § 1, 3-12-91; Ord. No. 03-012, § 1, 3-11-03)

Sec. 7-1-802. - Purpose and intent.

It is the intent of this Code to safeguard life, limb, property, and the public welfare by regulating grading on private property in the unincorporated areas of the County of Orange.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-803. - Scope.

This Code set forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction in accordance with the requirements for grading

and excavation as contained in the California Building Code then in effect as adopted and modified by county ordinance.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 1, 2-10-15)

Subarticle 2. - Definitions

Sec. 7-1-804. - Definitions.

Approval shall mean a written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the Building Official.

Approved plans shall mean the current grading plans which bear the stamp of approval of the Building Official.

Approved testing agency shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Building Official. This determination may be appealed to the Hearing Officer.

Borrow is earth material acquired from an off-site location for use in grading on a site.

Building Official is the officer or other designated authority charged with the administration and enforcement of this Code, or a duly authorized representative.

Civil Engineer shall mean a professional engineer registered in the State of California to practice in the field of civil engineering.

Civil engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design, and construction of civil works for the beneficial uses of humanity.

Clearing, brushing, and grubbing shall mean the removal of vegetation (grass, brush, trees, and similar plan types) by mechanical means.

Commercial coach shall mean a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, and shall include a trailer coach.

Compaction is the densification of a fill by mechanical means.

Director shall mean the Director of the Orange County Public Works Department or his duly delegated representative.

Drainage plan is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Building Official.

Earth material is any rock, natural soil, and/or any combination thereof.

Engineering geologist shall mean a professional geologist certified in the State of California to practice engineering geology.

Engineering geology shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion is the process by which rock and soil are removed from the Earth's surface by natural processes such as wind or water flow, and then transported and deposited in other locations.

Erosion control devices (permanent) are devices Best Management Practices (BMPs) to be constructed in residential, industrial, commercial sites and agricultural lands to reduce the discharge of pollutants in runoff. BMPs are often implemented to comply with NPDES permit requirements, as a part of stormwater runoff management programs, required by the State of California and the County of Orange in conjunction with the Water Quality Management Plan (WQMP) following the Orange County Technical Guidance Document (TGD).

Erosion control devices (temporary) which are designated to minimize erosion and sediment from stormwater and non-stormwater runoff from construction sites, natural areas, agricultural lands or urban environment. They are often implemented in conjunction with an Erosion, Sediment and Chemical Control Plan (ESCP) following the current adopted CASQA Guidelines and Construction BMP Handbook.

Excavation is the mechanical or physical removal of earth material.

Fill is a deposit of earth material placed by artificial means.

Grade shall mean the vertical location of the ground surface.

Natural grade is the ground surface unaltered by artificial means.

Existing grade is the ground surface prior to grading.

Rough grade is the stage at which the grade approximately conforms to the approved plan (i.e. +/- 1 foot from finished grade elevation).

Finished grade is the final grade of the site which conforms to the approved plan.

Grading is any excavating, filling, or combination thereof.

Grading contractor is a contractor licensed and regulated by the State of California who specialized in grading work or is otherwise licensed to do grading work, (e.g. CA State Contractor A, B, or C-12 licenses).

Grading permits are official documents or certificates issued by the Building Official authorizing grading activity as specified by approved plans and specifications. The following are important differences between mass grade, rough grade and precise grade, grading permits:

(1)

Mass grade grading permit is a preliminary grading permit (GA) allowing land disturbance, defined as the movement of earth materials by mechanical means in preparation for the construction of facilities. Mass grading results in a flattened, featureless landscape or a terraced hill with uniform engineered 2:1 slopes,

alters the pre-existing hydrograph and impedes soil infiltration. Mass grade permits can be superseded by either a rough grade or precise grade grading permits. Mass grade grading permits shall comply with all local, state and federal water quality regulations.

(2)

Rough grade grading permit is a preliminary grading permit (GA) allowing land disturbance, defined as the movement of earth materials by mechanical means complete with long-term erosion and sediment control devices, desilting facilities, slope drainage improvements, etc. Rough grading results in vertical elevations +/- 1 foot from finished precise grades and can be superseded by precise grade grading permits. Rough grade grading permits shall comply with all local, state and federal water quality regulations.

(3)

Precise grade grading permit is a precise grading permit (GB) allowing land disturbance, defined as a permit which shows all precise structure locations, finish elevations, final site drainage, all on-site improvements, and installation of long-term erosion control devices. Precise grade grading permits shall comply with all local, state and federal water quality regulations.

Hearing officer is a departmental staff member appointed by the Director of OC Planning and confirmed by the Board of Supervisors to conduct public hearings and render decisions on non-controversial cases. The Hearing Officer renders decisions on Final Zoning Enforcement Orders and approves consent items.

Hillside site is a site which entails cut and/or fill grading, of three (3) feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five (5) feet in vertical height; or where the existing grade is twenty (20) percent or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on the adjacent property.

Long-term erosion control systems/devices are improvements which remain throughout the life of the development. They include terrace drains, down drains, slope landscaping, channels, storm drains, and improvements as defined in the currently published CASQA Guidelines.

Mobile home means a structure, transportable in one (1) or more sections designed and equipped to contain not more than two (2) dwelling units to be used with or without a foundation system. Mobile home does not include recreational vehicle, commercial coach, or factory-built housing.

NPDES is an acronym for National Pollutant Discharge Elimination System; a federal program that controls water pollution by regulating point sources that discharge pollutants into U.S. waters.

Owner is any person, agency, firm, or corporation, having a legal or equitable interest in a given real property.

Permanent erosion control devices are improvements which remain throughout the life of the development; they include terrace drains, down-drains, slope landscaping, channels, storm drains, etc.

Precise grading permit is a permit that is issued based on approved plans which show the precise structure location, finish elevations, site drainage, all on-site improvements, and installation of long-term and/or

semi-permanent erosion control devices as defined in the currently published CASQA Guidelines.

Preliminary grading permit is a permit that is issued on the basis of approved plans which need not show a structure location, but must show interim building pad drainage to the degree required by the Building Official.

References unless indicated otherwise, or as reasonably appears from the context, references in this Code to the civil engineer, the geotechnical/soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing, or approving the project plans and specifications which comprise the approved grading plan, and which professional person appears of record pursuant to Sections 7-1-815 through 7-1-820 or their successor appearing pursuant to Section 7-1-841, transfer of responsibility for approval.

Semi-permanent/interim erosion control devices are devices which are used primarily during construction and are not relocatable, as defined by the currently published CASQA Guidelines.

Site is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

Slope is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance, (maximum allowed manufactured slope ratio of 2:1).

Soil is naturally occurring surficial deposits overlying bedrock.

Soil engineer/geotechnical engineer is a civil engineer duly registered in the State of California whose field of expertise is soil mechanics. A soil engineer may use the title geotechnical engineer (GE) if he/she has passed the GE examination. For the purposes of this Code the terms soil engineer and geotechnical engineer are interchangeable.

Soil engineering/geotechnical engineering shall mean the application of the principle of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Special inspector is an inspector duly certified by the Building Official to perform inspection of asphalt concrete placement and related constructed work or other grading related work approved by the Building Official.

Temporary erosion control devices which are to minimize erosion and sediment from stormwater and nonstormwater runoff construction sites, natural areas, agricultural lands, or urban environment. They are often implemented in conjunction with erosion, sediment, and chemical control plan (ESCCP) following the currently adopted guidelines and CASQA Construction BMP Handbook.

Terrace is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, § 2, 3-12-91; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 2, 2-10-15)

Subarticle 3. - Permits Required

Sec. 7-1-805. - Grading permits.

No person shall conduct any grading, clearing, brushing, or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the Building Official. Exceptions to this requirement are as follows or as otherwise determined by the Building Official:

(a)

An excavation below finished grade for basements and footings of building, mobile home, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Building Official, stability or flooding considerations warrant such inspection.

(b)

Cemetery graves.

(c)

Refuse disposal sites controlled by other regulations.

(d)

Earthwork construction regulated by the Federal, State, County, or City governments, or by any local agency as defined by Government Code Sections 53090 through 53097.5 (special districts), Pipeline or conduit excavation and backfill conducted by local agencies or public utilities; Earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies.

(e)

Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

(f)

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property.

(g)

Exploratory excavations under the direction of geotechnical/soil engineers or engineering geologists provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8, California Code of Regulations. Note: In environmentally sensitive areas, the

Building Official may require the registered geotechnical/soil engineer and or certified engineering geologist to obtain a preliminary grading permit for any exploration/excavations within said environmentally sensitive areas.

(h)

A foundation excavation which:

(1)

Does not exceed three hundred (300) cubic yards on any one (1) site, nor alter site drainage, nor have an over excavation depth of greater than four (4) feet deep; and

(2)

Does not create a cut slope greater than four (4) feet in vertical height and steeper than 2:1 H:V slope ratio.

(i)

A fill less than one (1) foot in depth which:

(1)

Is placed on a natural grade with a slope less steep than five (5) horizontal to one (1) vertical (5:1);

(2)

Does not exceed one hundred (100) cubic yards on any one (1) lot; and

(3)

Does not obstruct a drainage course. This does not exempt the project proponent from submitting a compaction report, to the Building Official, for review and approval, on the fill placed.

(j)

A fill less than three (3) feet in depth, not intended to support structures or mobile homes, which does not exceed one hundred (100) cubic yards on any one (1) lot and does not obstruct a drainage course.

(k)

Grading in conjunction with work performed pursuant to the provisions of Title 7, Division 8, Article 1 of the Codified Ordinance of the County of Orange (The Orange County Oil Code), unless the Building Official determines it is necessary to obtain a grading permit to assure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production. This does not exempt the project proponent from obtaining a separate oil well permit.

(l)

A fill less than three (3) feet in depth for a landscape planter, which does not exceed one hundred (100) cubic yards on any one (1) lot and does not obstruct a drainage course.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 3, 2-10-15)

Sec. 7-1-806. - Grading permit, paving.

No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or travelway without a valid grading permit unless waived by the Building Official or a separate improvement plan for such paving is approved and signed by an authorized County official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-807. - Grading permit, watercourse 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 Building Official or performed as interim protection under emergency flood-fighting conditions.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-808. - Excavation blasting permit.

No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without permit from the Orange County Fire Authority.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 4, 2-10-15)

Sec. 7-1-809. - Types of grading permits.

(a)

Either a preliminary grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with Subarticle 5 of the Grading Manual and approval by the Building Official. The preliminary or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of Subarticle 5 of the Grading Manual.

(b)

Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in section 7-1-842(e), site inspection by the Building Official, of this Code.

(c)

Building permits shall not be issued for a site graded under a preliminary grading permit until a new precise grading permit has been issued and the provisions of (b) above have been satisfied.

(Ord. No. 3279, § 2, 9-10-81)

Subarticle 4. - Organization and Enforcement

(a)

The provisions of the currently adopted State Building Codes, duties and powers of the Building Official, shall apply to grading construction work.

(b)

Stop orders. Whenever any building or grading work is being done contrary to the provisions of this Code or the grading permit, 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 with the work.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 5, 2-10-15)

Sec. 7-1-811. - Violations and penalties.

(a)

It shall be unlawful for any person, firm, or corporation to do grading in the County of Orange, or cause the same to be done, contrary to or in violation of any of the provisions of this Code.

(b)

The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, until such violation has been corrected or mitigated to the satisfaction of the Building Official or designee (hereafter "Building Official"). The Building Official shall consult, as appropriate, with the Director of Planning.

(c)

No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Building Official prior to recordation.

(d)

No zone change or discretionary permit per the Zoning Code shall be approved for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Building Official prior to the issuance of any building permits.

(e)

The Building Official, in consultation with the Director of Planning shall determine if the corrective or mitigating action itself requires the approval of a site development permit per the Zoning Code and/or an

initial study per CEQA.

(f)

Any person, firm, or corporation violating any of the provision of this Code 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 violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violations such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. In addition to any such fine or imprisonment, the court may also require such party to correct or mitigate the grading violation to the satisfaction of the Building Official.

(g)

Public nuisance.

(1)

Any grading performed and/or maintained on any site in the County of Orange contrary to, or not in compliance with the provisions of this Code shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal, or neglect to obtain a permit as required by the terms of this Code shall be prima facie evidence of the fact that a public nuisance has been committed.

(2)

The County may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty. Any civil action shall be preceded by a finding by the Board of Supervisors and by the Building Official that a violation of this Code has occurred.

(3)

The civil penalty shall not exceed two hundred and fifty dollars ($250.00) for each day on which such violation occurs and continues to occur. In addition, the civil penalty for violation of an abatement order or stop order shall be five hundred dollars ($500.00).

(4)

The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the county abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The Building Official may apply to the Board of Supervisors to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.

(h)

Injunction. This Code may also be enforced by injunctive relief, including, but not limited to, temporary restraining orders and preliminary and permanent injunctions issued by the Superior Court upon suit by the County of Orange.

(i)

In addition to the provisions of the subsections above, a notice of violation of this Code may be recorded in accordance with the following procedures:

(1)

Notice of Intent. A written notice of intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation, and the action necessary to correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the owner does not, within thirty (30) days of receipt thereof, either correct the violation or request a meeting with the Building Official as set forth below. The notice shall include a copy of this subsection 7-1-811(1) and be substantially as follows:

Notice of Continuing Violation

of the Orange County

Grading and Excavation Code

Notice is hereby given that the County of Orange has determined that a violation of the above Code exists on the following described property (description).

The violation consists of (description); While a violation of the above Code exists, the County of Orange may refuse to approve building or occupancy permits, subdivision maps, use permits, and other discretionary permits and development approvals.

(2)

Correction of violation. If, within thirty (30) days of receipt of a notice of intent, the owner corrects the violation, no notice of violation shall be recorded. The Building Official may grant extensions of time for good cause.

(3)

Meeting. If the owner requests a meeting, the Building Official shall schedule a meeting. Notice of the meeting shall be served on the owner not less than fifteen (15) days prior thereto. The Building Official may reschedule the meeting from time to time for a good cause with adequate notice to the landowner. At the meeting, the owner may be represented by counsel and may present any relevant evidence that violations do not exist.

(4)

Decision, notice. Within thirty (30) days following completion of the meeting, the Building Official shall issue and serve on the owner his determination as to whether or not a notice of violation will be recorded. This determination shall be supported by appropriate findings on all material issues raised at the meeting. The decision of the Building Official shall be final with respect to recordation of a notice of violation, but shall not affect other proceedings under Section 7-1-811.

(5)

Recordation. If the Building Official determines that a notice will be recorded, such notice shall be recorded fifteen (15) or more days after service of notice of the decision.

(6)

Release of notice. When a violation is corrected or mitigated to the satisfaction of the Building Official, if a notice of violation had been recorded, the Building Official shall cause a release to be recorded. Said release shall refer to the notice of violation and shall state that the violation described therein has been corrected.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3791, § 1, 8-21-90; Ord. No. 3913, § 1, 4-12-94; Ord. No. 15-003, § 6, 2-10-15)

(a)

Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage device, all of which exist on private property, is a menace to life or limb, or a danger to public safety, endangers of adversely affects the safety, usability or stability of adjacent property, structures, or public facilities. The Building Official or his designee may require the permittee or contractor, before any vertical excavation of five (5) feet or more in depth; to submit a detailed plan to the Building Official/regulatory agency showing the design of shoring, bracing, sloping or other provisions, (i.e. security fencing, etc.) to be made for worker's protection and public safety from the hazard of caving ground.

(b)

The Building Official may examine or cause to be examined every condition reported as hazardous as set forth in subsection (a) of this section.

(c)

Notice of hazardous condition. In any case where a hazardous condition is found by the Building Official, he shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives the permittee control of the property issued pursuant to this Code hereinafter referred to as "owner," of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues, as he desires. If the time and place of hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.

(d)

Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the Building Official or his designee, as Hearing Officer, shall determine whether the facts presented reasonably establish the existence of a hazardous

condition to the satisfaction of the Hearing Officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct said hazard.

(1)

Exception. Where County property or facilities are endangered by the hazardous condition found by the Building Official, at the request of the owner, the hearing may be held before the Hearing Officer. The Building Official may appeal Hearing Officer's order as set forth in this section, to the Director of OC Public Works.

(e)

Order, finality, and appeal. If the Hearing Officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.

(1)

Finality of order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five (5) days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five (5) days of the mailing of the order to the last known address of said owner.

(2)

Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the Director of OC Planning. The Director of OC Planning shall fix a time and place and hold a hearing, consider the evidence and make a final determination.

(f)

Completion of work. The owner shall, following the finality of the determination and order of the Hearing Officer, or if appealed, the determination and order of the Director of OC Planning, commence the corrective action ordered or preparation of reports and such work or submissions shall be completed within the specific time.

(g)

Failure to complete work. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the Hearing Officer or Director of OC Planning within the specific time, the Building Official may:

(1)

Cause the work to performed or reports to be prepared; or

(2)

Advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises. Nothing in this subsection shall be construed to limit the type of remedy or relief which the Building Official may have under any other provision of law.

(h)

Costs. Costs incurred by the County to perform any corrective work or prepare reports under subsection (g) above shall be charged to the owner. The Building Official may apply to the Orange County District Attorney's Office to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

(i)

Vacation of property. If necessary, the notice and order in subsections (c) or (e) of this section shall include the requirement that the property, a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.

The Building Official shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

UNSAFE TO OCCUPY

DO NOT ENTER

Director of Building and Safety, County of Orange Date Posted _______

Said posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or Building Official where additional information may be obtained. Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

(j)

Service of notices. The notices and order required by subsections (c) and (e) of this section may be served either:

(1)

By mailing a copy by certified mail, return receipt requested, to the owner's address as designated on papers, applications, or permits on file with the Building Official; or

(2)

By personally delivering a copy to the owner's address as designated on papers, applications or permits on file with the Building Official; or

(3)

If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or

(4)

If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building, or structure and also delivering a copy to a person there residing, if any, or to the person in charge if any; and also sending a copy by certified mail, return receipt requested addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 08-010, § 1, 4-22-08; Ord. No. 15-003, § 7, 2-10-15)

Secs. 7-1-813, 7-1-814. Reserved.

Editor's note— Ord. No. 15-003, §§ 8, 9 adopted February 10, 2015, repealed §§ 7-1-813, 7-1-814, which pertained to grading appeals and the grading board of appeals and technical advisory board respectively, and derived from Ord. No. 3279, § 2, adopted September 10, 1981; and Ord. No. 08-010, § 2, adopted April 22, 2008.

Subarticle 5. - Grading Permit Requirements

Sec. 7-1-815. - Permits required.

Except as exempted in section 7-1-805, grading permits, of this Code, no person shall conduct any grading or clearing, brushing, or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-816. - Application.

(a)

To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Building Official.

The grading permit application shall be accompanied by information required by the Building Official and as specified in Subarticle 5 of the Grading Manual. Each application for a grading permit for a construction site required to be covered under the state general construction stormwater permit ("GCASP") shall include proof of the filing of a Notice of Intent with the State Water Resources Control Board.

(b)

Applications for which no grading permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for checking 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 written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03)

Sec. 7-1-817. - Plans and specifications.

(a)

Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the Building Official, as specified in section 7-1-819, Soil engineering and engineering geology reports, of this Code.

(b)

Plans and specifications for earthwork projects of five thousand (5,000) cubic yards or more, and/or subdivisions and hillside commercial, industrial and multi-residential projects shall be prepared and signed by a civil engineer, unless otherwise approved by the Building Official. This requirement may be extended to any project when, in the opinion of the Building Official, critical drainage or geologic factors may be involved and there is need for civil engineering design and control.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-818. - Information on plans and specifications.

Grading plans and specifications shall be prepared in accordance with the grading requirements of section 7-1-839(a), grading requirements, of this Code and Subarticle 5 of the Grading Manual.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-819. - Geotechnical/soil engineering and engineering geology reports.

A geotechnical/soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Building Official. The reports shall include information appropriate for the site including any information required by the Building Official and currently adopted State Building Codes. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plans or specifications.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 10, 2-10-15)

Sec. 7-1-820. - Issuance, expiration and renewal.

(a)

Every permit issued shall be valid for a period of two (2) years from the date of issuance.

(b)

Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

(c)

The time limitations and provisions are applicable to grading permits, except as stated in (1) and (2) below per currently adopted State Building Codes Division 1, Section 105.5:

(1)

A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of (a) and (b) of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, fees based on the valuation of the additional work, additional yardage and necessary plan checking as provided for in Subarticle 6 of the grading manual shall be charged to the permit applicant.

(2)

The Building Official may extend the one hundred eighty-day expiration time limit on permits not to exceed two (2) successive periods of one hundred eighty (180) days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

(d)

The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of Section 7-1-821, Denial of permit, of this Code.

(e)

If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specific in (b) of this section, the Building Official, upon receiving a written request, may grant an extension of that time as specified in (c)(2) of this section without additional fees, provided that:

(1)

No changes have been made in the original plans and specifications for such work.

(2)

Suspension or abandonment has not exceeded one (1) year.

(3)

A re-endorsement of the compliance of the plans with the applicable regulations by the OC Public Works Department shall be obtained.

(f)

If the permittee is unable to complete the work by the end of a two-year period, the Building Official may renew the grading permit on an annual basis for a fee of one-half (½) the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 08-010, § 4, 4-22-08; Ord. No. 15-003, § 11, 2-10-15)

Sec. 7-1-821. - Denial or permit.

(a)

The Building Official shall not issue a grading permit in any case where the Building Official finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the Building Official may issue the grading permit with the condition that such work be performed.

(b)

If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

(c)

The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The Building Official may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

(d)

The Building Official may require plans and specifications to be modified in order to make them consistent with the Orange County General Plan, Specific Plans, Zoning Code, water quality requirements or other rules, regulations, or conditions applicable to the project. The Building Official may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations or conditions.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03)

Sec. 7-1-822. - Time of grading operations.

Grading and equipment operations within one-half (½) mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. nor on Sundays and federal holidays. The Building Official may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sundays and federal holidays if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the Building Official's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. However, no permit that has been issued, nor any provision of this section shall be construed to be a waiver of the applicability of the provisions set forth in Article 1, Division 6, Title 4 of the Codified Ordinances of the County of Orange relating to noise control.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-823. - Responsibility of permittee.

It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this Code, the Grading Manual, and as contained on the approved grading plans and in the approved geotechnical/soil and engineering geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the Building Official.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 12, 2-10-15)

Sec. 7-1-824. - Protection of adjoining property.

Each adjacent owner is entitled to the lateral and subjacent support which his 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. Section 832 of the California Civil Code is contained in appendix G of the Grading Manual.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-825. - Import and export of earth material.

Where an excess of five thousand (5,000) cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all 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 handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.

(b)

Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 7-1-822, Time of grading operations, 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 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 five hundred (500) 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 the height. The sign shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be seven (7) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

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 the height. The sign shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be seven (7) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 13, 2-10-15)

Subarticle 6. - Fees

Sec. 7-1-826. - Grading plan check fees.

Before accepting a grading permit application and plans and specifications for checking, the Building Official shall collect a plan-checking fee as approved by resolution of the Board of Supervisors.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 14, 2-10-15)

Sec. 7-1-827. - Grading permit fees.

(a)

A fee for each grading permit shall be paid to the Building Official prior to issuance of a grading permit as approved by resolution of the Board of Supervisors.

(b)

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 Building Official 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 fully complying with the requirements of this Code nor from any other penalties prescribed herein.

(c)

Additional fees approved by resolution of the Board of Supervisors shall be paid as required to the Building Official.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 15, 2-10-15)

If the Building Official 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. In addition, the Building Official may charge a mobilization cost equal to ten (10) percent of the cost for performing the work.

(Ord. No. 3279, § 2, 9-10-81)

Subarticle 7. - Security

Sec. 7-1-829. - Grading permit security.

(a)

Grading Permit Security Required; Exceptions. A grading permit shall not be issued unless the permittee shall first post with the Building Official security in a form and amount set forth in the Grading Manual. The grading permit security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environment resources including but not limited to a threat to water quality. This requirement may be waived at the discretion of the Building Official if the Building Official determines that:

(1)

No hazardous situation is likely to occur as a result of incomplete or improper grading; or

(2)

No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; or

(3)

No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading; or

(4)

No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

(5)

No conditions of the grading permit warrant a financial guarantee to assure their satisfactory completion.

(b)

Multiple projects. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) form of grading permit security which will cover all such projects may be accepted and the amount determined by the Building Official.

(c)

Additional Grading Permit Security. Additional grading permit security in an amount determined by the Building Official may be required to ensure the completion of finish grading under the grading permit as a condition of occupancy and energizing utilities. Grading permit security in an amount determined by the Building Official may be required for grading permits involving temporary earthen stockpiles to ensure their timely removal.

(d)

Failure to Complete Work. In the event of failure to comply with all of the conditions and terms of the grading permit, the Building Official may order the work authorized by the grading permit to be completed or put in a safe condition to the Building Official's satisfaction.

(e)

Default in Performance of Conditions. Whenever the Building Official finds or determines that a default has occurred in the performance of any requirement of a condition of a grading permit, or there is a failure to comply with an order issued pursuant to subdivision (d), written notice thereof shall be given to the permittee and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion. After receipt of such notice, the permittee and, if applicable, surety, shall within the time specified, cause or require the work to be performed. If the work is not performed, the estimated cost of performing the work shall be demanded from the surety or, if there is no surety, obtained from the security, and the Building Official shall cause such work to be performed and completed. The cost of the work shall include a mobilization charge as specified in section 7-1-828.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, § 3, 3-12-91; Ord. No. 03-012, § 1, 3-11-03) Subarticle 8. - Cuts

Sec. 7-1-830. - Cuts.

(a)

Cut slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1 slope ratio) unless otherwise recommended in the geotechnical/soil engineering or engineering geology report and approved by the Building Official. The slope of cut surfaces shall be no steeper than is safe for the intended use.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 16, 2-10-15)

Subarticle 9. - Fills

Sec. 7-1-831. - Fills.

(a)

Unless otherwise approved by the Building Official and recommended in the approved geotechnical/soil engineering report, fills shall conform to Subarticle 9 of the Grading Manual. The provisions therein may be waived for minor fills not intended to support structures upon written request by the applicant on a form prescribed by the Building Official.

(b)

The Building Official may require that soil tests or testing be performed by an approved testing laboratory.

(c)

Fill slopes shall be no steeper than two (2) horizontal, one (1) vertical (2:1) unless otherwise recommended in the geotechnical/soil engineering report and approved by the Building Official. The slope of fill surfaces shall be no steeper than is safe for the intended use.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 17, 2-10-15)

Subarticle 10. - Setbacks

Sec. 7-1-832. - Setbacks.

The setbacks and other restrictions specified by Subarticle 10 of the Grading Manual are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, geotechnical/soil engineer or engineering geologist, if necessary for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion, water runoff of the slopes or to provide access for slope and drainage structure maintenance. The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the Building Official by the geotechnical/soil engineer or engineering geologist and other factors are of primary importance.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 18, 2-10-15)

Subarticle 11. - Drainage and Terracing

Sec. 7-1-833. - Drainage and terracing.

Drainage facilities and terracing shall conform to the provisions of Subarticle 11 of the Grading Manual unless otherwise approved by the Building Official and delineated on the approved grading plan.

(Ord. No. 3279, § 2, 9-10-81)

Subarticle 12. - Asphalt Concrete Pavement

Sec. 7-1-834. - Asphalt concrete pavement.

(a)

Asphalt concrete pavement for surfacing of parking lots, private streets or other similar use shall conform to the provisions of Subarticle 12 of the Grading Manual unless otherwise approved the Building Official.

(b)

The site geotechnical/soil engineer or special inspector shall inspect the construction of asphalt pavement areas and verify to the Building Official that the work has been performed in compliance with the provisions of this section.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 19, 2-10-15)

Subarticle 13. - Erosion Control

Sec. 7-1-835. - Erosion and sediment control system.

(a)

The faces of cut and fill slopes and project site shall be prepared and maintained to control against erosion and sediment in accordance with this Subarticle. The control shall consist of effective best management practices (BMPs) and planting as described in the latest published CASQA Standards and Landscape Manual/Guidelines; and shall be consistent with the latest version of the Construction General Permit (CGP), issued by the appropriate State Water Resource Board.

(b)

Where necessary, temporary and/or permanent erosion and sediment control devices such as desilting basins, check dams, riprap or other devices or methods, as approved by the Building Official, shall be employed to control erosion and sediment providing safety to the public.

(c)

Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from discharging sediment and debris outside the project boundaries. Watering shall not be used as a primary source to clean streets except for fine material not otherwise removed by sweeping or other mechanical means.

(d)

Unless otherwise approved by the Building Official, the owner shall be required to retain qualified individuals including, but not limited to: a civil engineer, registered in the State of California who will be responsible for the design of all erosion and sediment control improvements and initial approval of the installation of permanent and temporary erosion and sediment control devices, until the work authorized by the permit is given final approval. The owner shall retain a civil engineer registered in the State of California to periodically review the field condition and modify, as needed, the design of the permanent and

temporary erosion and sediment control devices. Installation and maintenance of all erosion and sediment control devices shall be responsibility of the owner.

(e)

Desilting facilities shall be provided at drainage outlets from the grading sites.

(f)

Desilting basins shall be designed to provide a minimum desilting capacity equal to the currently published CASQA Standards.

(g)

Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides improved maintenance access from paved roads during wet weather.

(h)

Desilting basin constructed of compacted earth shall be compacted to a relative compaction of ninety (90) percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed, location and results of testing, shall be submitted to the Building Official for approval upon completion of the desilting basins.

(i)

Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.

(j)

Erosion protection shall consist of effective planting of all slopes in excess of five (5) feet high unless otherwise approved by the Building Official. Slopes exceeding fifteen (15) feet high may require an adequate sprinkler system, as determined by the Building Official. Protection for the slopes shall be installed as soon as practicable, which may be prior to rough grade approval. Effective planting shall be installed, fully germinated and effectively cover the required slopes prior to final approval unless otherwise approved by the Building Official.

(k)

The erosion and sediment control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season.

(l)

All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty (40) percent.

(m)

Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, § 4, 3-12-91; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 20, 2-10-15)

Sec. 7-1-836. - Erosion and sediment control plans.

Erosion control plans prepared in accordance with Subarticle 13 of the Grading Manual shall be submitted to the Building Official for approval.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 21, 2-10-15)

Sec. 7-1-837. - Erosion and sediment control maintenance.

(a)

After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry, per currently published CASQA Standards and CGP requirements.

(b)

After each rainstorm, the performance of the erosion control system shall be evaluated, revised, and repaired as necessary, per currently published CASQA Standards.

(c)

Devices shall not be moved or modified without the approval of the Building Official.

(d)

The contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.

(e)

The contractor and permittee or project owner shall be responsible for continual maintenance of the erosion and sediment control devices. In the event of failure or refusal by the contractor, permittee, or project owner to properly maintain the devices, the Building Official may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work as contained in Subarticle 6 of this Code.

(f)

In the event the Building Official must cause emergency maintenance work to be done, he may revoke the grading permit in writing. The permit shall not be renewed until an erosion and sediment control system, approved by the Building Official, is installed and a fee of one-half (½) the amount required for the original permit paid by the owner. The Building Official may waive installation of an erosion and sediment control system.

(g)

If any grading subject to Section 7-1-805, Grading permits, of this Code has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion and sediment control plan which has been approved by the Building Official. In the event of failure by the property owner to install an approved erosion and sediment control system, the Building Official may cause emergency work to be done to protect adjacent private and public property. The procedures of Section 7-1-812, Hazardous conditions, of this Code need not apply for emergency erosion and sediment control work. The cost shall be charged to the owner in accordance with item (e) of this section.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 22, 2-10-15) Subarticle 14. - Grading Inspection

Sec. 7-1-838. - General.

All grading operations for which a permit is required shall be subject to inspection by the Building Official.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-839. - Grading requirements.

(a)

It shall be the responsibility of the civil engineer, architect, or other qualified individual who prepares the grading plan, approved by the Building Official, to incorporate all recommendations from the geotechnical/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 project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional grading contractor, and the Building Official, the civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans, erosion and sediment control plans, and the submission of as graded grading plans when required by the Building Official upon completion of the work.

(b)

Geotechnical/soil engineering and engineering geology reports shall be required as specified in Section 7- 1-819, Geotechnical/soil engineering, and engineering geology reports, of this Code. During grading, all necessary reports, compaction data, soil engineering, and engineering geology recommendations shall be submitted to the owner by the geotechnical/soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two (2) copies of all reports to the Building Official.

(c)

The geotechnical/soil engineer's area of responsibility shall include, but need not be limited to: the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills, subdrain installation, and incorporation of data supplied by the engineering geologist.

(d)

The engineering geologist's area of responsibility shall include, but need not be limited to: professional inspection and written approval of the adequacy of natural ground for receiving fills, keyway excavations and canyon bottom cleanouts, 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 geotechnical/soil engineer and the civil engineer for engineering analysis.

(e)

The Building Official may expeditiously inspect the project at the various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

(f)

When preliminary geotechnical/soil engineering reports are not required by the Building Official, he may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to: approval of cleared areas and benches to receive fill, and the compaction of fills.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 03-012, § 1, 3-11-03; Ord. No. 15-003, § 23, 2-10-15)

Sec. 7-1-840. - Notification of noncompliance.

If, in the course of fulfilling their responsibility under this Code, the civil engineer, the geotechnical/soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two (2) copies of all recommendations and reports to the Building Official.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 24, 2-10-15)

Sec. 7-1-841. - Transfer of responsibility for approval.

If the civil engineer, the geotechnical/soil engineer, the engineering geologist, the testing agency, or the grading contractor of record is changed during the course of the work, the work shall be stopped unless:

(1)

The owner submits a letter of notification verifying the change of the responsible professional; and

(2)

The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional and that he concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. He/she may modify or revise recommendations, and is satisfied with the work performed if accompanied by

supporting data and approved by the Building Official. He/she must state that he assumes all responsibility within his purview as of a specified date. All exceptions must be justified to the satisfaction of the Building Official.

Exception. Where clearly indicated that the firm, not the individual geotechnical/soil engineer and/or engineering geologist, is the contracting party, the designated geotechnical/soil engineer or engineering geologist may be reassigned and another geotechnical/soil engineer and/or engineering geologist within the firm may assume responsibility.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 15-003, § 25, 2-10-15)

Sec. 7-1-842. - Site inspection by the Building Official.

(a)

Prior to the approval of any building or grading plans and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

(b)

The permittee or his agent shall notify the Building Official when the grading operations for which inspection is required are ready for inspection.

(c)

If the inspector finds the soil or other conditions not as stated in the approved plans and geotechnical/soil or engineering geology reports or as in additional information which was required for issuance of the grading permit, he may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.

(d)

The provisions of Section 115, Stop Work Order, of the California Building Code shall apply to all grading work and whenever the Building Official determines that any work does not comply with the terms of a permit, or this Code, or that the soil or other conditions are not as stated on the permit, he may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(e)

Prior to the issuance of building permits for a graded site, the rough grading shall be completed in accordance with applicable requirements and to the satisfaction of the responsible civil engineer or architect, engineering geologist, geotechnical/soil engineer, and the Building Official.

(f)

Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building Official may require by written notice, that such work be exposed

for examination. The work of exposing and recovering shall not entail or be subject to expense by the County.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, §§ 5, 6, 3-12-91; Ord. No. 15-003, § 26, 2-10-15)

Sec. 7-1-843. - Special inspections.

The Building Official may establish special inspection requirements in accordance with Section 1704, Special Inspections, of the 2013 California Building Code, as amended for special cases involving grading or paving related operations. Special cases may apply to work where in the opinion of the Building Official it is necessary to supplement the resources or expertise available for inspection.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 98-15, § 71, 12-8-98; Ord. No. 15-003, § 27, 2-10-15)

Subarticle 15. - Completion Of Work

Sec. 7-1-844. - Final reports.

Upon completion of the rough grading work and at the final completion of the work, the Building Official may require the written approvals, reports, drawings and supplements thereto specified in Subarticle 15 of the Grading Manual.

(Ord. No. 3279, § 2, 9-10-81)

Sec. 7-1-845. - Notification of completion.

The permittee or his agent shall notify the Building Official when the grading operation is ready for final inspection. All work including installation of all drainage facilities and their protective devices and all permanent erosion and sediment control measures must be completed in accordance with the final approved grading plan and the required reports approved by the Building Official before final approval of the grading permit is given by the Building Official. He may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and adequate security is posted to assure completion of all remaining work, or through a Work Completion Agreement.

(Ord. No. 3279, § 2, 9-10-81; Ord. No. 3815, § 7, 3-12-91; Ord. No. 15-003, § 28, 2-10-15)