Porterville Municipal Code Art. XIII Preliminary Soil Reports

The purpose of this article is to comply with section 17953 of the California Health and Safety Code relating to buildings and structures accessory thereto, requiring a preliminary soil report on every new subdivision as defined in sections 11535, 11535.1 and 11568 of the California Business and Professions Code. (Ord. 900 § A, 3-19-1968)

A preliminary soil report, prepared by a civil engineer who is registered by the state of California, based upon test borings or excavations which the city engineer determines to be adequate shall be made of every new subdivision. The city engineer may waive the preliminary soil report if he determines that because of knowledge of his department as to the soil qualities of the subdivision no preliminary analysis is needed. (Ord. 1537 § B41, 8-6-1996)

If the preliminary soil report indicates the presence of critical expansive soils or compressive or colube soils or other soil problems, which if not corrected, would lead to structural defects, such a soil report shall require an investigation of each lot in the subdivision, unless a final report in accordance with section 7-133 of this article is filed with the city engineer. The engineer shall recommend corrective action in his report to prevent structural damage to each structure proposed to be constructed on the soil investigated. (Ord. 900 § A, 3-19-1968)

The preliminary soil report, including the investigation and recommended corrective action to prevent structural damage, shall be filed with and approved by the city engineer of the city of Porterville prior to issuance of a building permit. The building permit shall be conditioned upon the incorporation of the approved recommended action for foundation treatment as part of the construction of each structure. Before approving said preliminary soil report, including the investigation and recommendation, the city engineer shall determine that the recommended corrective action is likely to prevent structural damage to each structure to be constructed on each lot in the subdivision. (Ord. 900 § A, 3-19-1968)

The city of Porterville, the city engineer of the city of Porterville, his deputies, and department employees or other officers or employees of said city charged with the administration and enforcement of this article shall not be held liable for any injury which arises out of any act or omission of the said city officers or employees in performing any duty or act imposed by this article. (Ord. 900 § A, 3-19-1968)

The minimum data which must be furnished the city engineer in the preliminary soil report shall include, but not be limited to, that data set out by resolution of the city council of the city of Porterville. (Ord. 900 § A, 3-19-1968)

The preliminary soil report shall include, but shall not be limited to, the following recommendations:

A. Corrective Proposals For Earth Work: In cases where unsuitable materials are found, proposals to replace, rework or blend, or to stabilize or modify with additives either the natural site soils or the proposed fill materials, shall be supported by appropriate laboratory analysis and such other data as may be necessary for evaluation of the proposal.

B. Specifications For Grading: A complete and detailed specification shall be prepared by the civil engineer for clearing, grubbing and all aspects of grading, including filling with imported fill material, with special emphasis on preparation of surfaces to receive fill, moisture content, nature of field density tests, horizontal and vertical survey control of the job, and minimum percent relative density to be obtained in the field as related to specified type of laboratory density tests described above.

C. Statements Regarding Specified Grading: The engineer's professional recommendation regarding: 1) the safe load bearing capacity for such controlled area; 2) the maximum slope ratios necessary for slope stability for proposed fill and cut slopes over two feet (2') in height; 3) the stability anticipated in cut areas; and 4) the stability of underlying soils when subjected to saturation based on test data and other factual information.

D. Recommendation For Foundation Design: Recommendations for specifications of footing, foundations and/or slabs that will prevent future development of structural defects in the foundations and superstructure attributable to differential movement of the supporting soils. (Ord. 900 § A, 3-19-1968)

All grading involving a preliminary soil report shall be performed under the supervision of a civil engineer. It shall be the responsibility of the civil engineer to supervise and coordinate all site supervision and testing during grading operations. The preliminary soil report, and its recommendation, which has been first approved by the city engineer, shall be used as a basis for the grading operations. If, in the course of fulfilling this responsibility as the supervising civil engineer, he finds that the work is not being done in conformance with the preliminary report and grading plans approved by the city engineer or in accordance with accepted practices, he shall immediately notify the person in charge of the grading work and the city engineer, in writing, of the nonconformity and of the corrective measures to be taken. In the event the supervising civil engineer is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plans, he shall report the fact, in writing, to the city engineer within forty eight (48) hours from the time such termination begins together with a report on the status of the work at his last inspection. (Ord. 900 § A, 3-19-1968)

The supervising civil engineer shall certify in a final report that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved preliminary report. An as built grading plan shall be submitted if final grade elevations vary by more than 0.3 foot from the original plan. The final report shall also include a recommended soil bearing capacity statement as to the expansive or compressive qualities of the soil when subjected to saturation, and summaries of field and laboratory tests. The approximate location of such tests and limits of compacted fill shall be shown on a final plan. Final approval of grading shall not be given until all maps and reports, as required by this section, have been submitted and approved by the city engineer.

The building official of the city of Porterville shall not approve any building permit on any lot within any tract subject to this article until the final soil report as described in this article has been submitted to him and recorded with the county recorder of Tulare County. (Ord. 1537 § B42, 8-6-1996)

The duty of the engineer doing soil reports pursuant to this article shall be limited by the following:

A. After completion of the final report, any excavation made for the installation of sewer, water, gas, electric or other utilities in or around the building area shall be sufficiently backfilled and compacted, and control of and responsibility for this work shall be the responsibility of persons doing this work unless such control is specifically delegated by the property owner to the persons originally responsible for soil conditions as reported in the final report.

B. In the case of excavation for basements or other portions of structures which may require structural backfill, the persons responsible for the final report shall have no professional duty in connection with such work unless they are specifically designated by the owner to control such work. (Ord. 900 § A, 3-19-1968)

Any person, firm or corporation wilfully violating any of the provisions of this article shall be 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, any such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (Ord. 900 § A, 3-19-1968)

Any violation of the provisions of this article and the standards established pursuant thereto is hereby determined to constitute a threat to the public health, safety and welfare and is declared to be a public nuisance; and such violation may be enjoined in a civil action instituted by the city attorney. (Ord. 900 § A, 3-19-1968)

In order to provide for reasonable interpretations of this article and avoid unnecessary hardship in its enforcement, the building code board of appeals for the city of Porterville is hereby granted jurisdiction to review all orders issued by the city engineer and his subordinates pursuant to this article. The board may affirm, modify or set aside any such order. All decisions of the board shall be final and conclusive.

In order to provide the building code board of appeals with independent advice in regard to the matters that may come up pertaining to the application of this chapter, where the board determines such advice is necessary, the board shall appoint an advisory committee composed of three (3) civil engineers.

This committee shall review all appealed matters arising under this article which are referred to it by the building code board of appeals and shall make recommendations in accordance with their studies and findings. Said recommendations, where requested, shall not be binding on the building code board of appeals, but shall be considered before their final decisions. (Ord. 1537 § B43, 8-6-1996)