Ordinance Number 600ORDINANCE NO. 600
TO TITLE 8 OF
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 8 "BUILDING REGULATIONS," OF
THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM ADMINISTRATIVE CODE, 1985 EDITION; THE UNIFORM
BUILDING CODE, 1985 EDITION; THE UNIFORM ELECTRICAL
CODE, 1987 EDITION; THE UNIFORM MECHANICAL CODE, 1985
EDITION; THE UNIFORM PLUMBING CODE, 1985 EDITION; THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1985
EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1985 EDITION; AND THE UNIFORM
HOUSING CODE, 1985 EDITION
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendments.
Title 8 "Building Regulations" of the Municipal Code is amended in its entirety
to read as follows:
'TITLE 8. BUILDING REGULATIONS
CHAPTER 1. BUILDING ADMINISTRATION.
Section 8-1.01. Adoption of the Uniform Administrative Code.
For the purpose of providing minimum standards to safeguard life or limb,
health, property and public welfare by regulating and controlling the use and occupancy,
location and maintenance of all buildings and structures within this jurisdiction, that
code known as the Uniform Administrative Code, 1985 Edition, published by the
International Conference of Building Officials, three copies of which are on file in the
City Clerk's Department for public record and inspection is hereby adopted by reference
and made a part of this chapter as though set forth in this chapter in full, subject,
however to the amendments set forth in this chapter, and said code shall be known as the
Building Administration Code of the City.
Section 8-1.02. Permits, Exempted Work, Building Permits
Section 301(b)(1) of the Uniform Administrative Code is amended as follows:
(a) Subsection 301(b)(1) B. Fences not over three feet high.
(b) Subsection 301(bxi) J is deleted in its entirety.
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Section 8-1.03.
Permit Fees.
Table 3-A is amended in its entirety to read as set forth in exhibit A, TABLE
NO. 3-A BUILDING PERMIT FEES, attached hereto.
Table 3-H is amended in its entirety to read as set forth in exhibit B, TABLE
NO. 3-H GRADING PERMIT FEES, attached hereto.
Table 3-I is added to read as set forth in exhibit C, TABLE NO. 3-I SWIMMING
POOL, SPA, AND HOT TUB FEES, attached hereto.
Table 3-J is added to read as set forth in exhibit D, TABLE NO. 3-J ON-SITE
IMPROVEMENT FEES, attached hereto.
following:
Paragraph 3 is added to section 304(b) to read as follows:
A fee for each grading permit shall be paid to the Building Official as set
forth in table 3-H. Separate permits and fees shall apply to retaining
walls, drainage structures, or other on-site improvements as required
elsewhere in this code. For excavation and fill on the same site, the fee
shall be based on the volume of excavation or fill, whichever is greater.
Section 8-1.04.
Plan Review Fees.
Paragraph two of Subsection 304(c), Plan Review Fees, is amended as follows:
The plan review fees for electrical, mechanical, plumbing and swimming
pools, spas and hot tubs, shall be 65 percent of the total permit fee as set
forth in tables Nos. 3B, 3C, 3D, and 3I.
Paragraph three of Section 304(c), Plan Review Fees, is amended by adding the
When a grading plan or other grading data are required to be submitted, a
grading plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be sixty-five (65%)
percent of the grading permit fee. Separate plan review fees shall apply
to retaining walls, drainage devices, and on-site improvements, as
required elsewhere in this code. The plan review fee for on-site
improvements shall be sixty-five (65%) percent of the permit fee.
Section 8-1.05. Microfilming Fee.
Paragraph (g), Microfilm Fee, is added to Section 304, Fees, to read as follows:
Each applicant shall pay a minimum microfilm fee of One and no/100ths
($1.00) Dollar per sheet for permit applications, plans, specifications,
calculations, soil reports, and all pertinent data required to be
maintained by City or State laws. No sheet shall exceed thirty-six (36")
inches in width or forty-five (45") inches in length.
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Section 8-1.06. Penalty Fees.
Paragraph (h), Penalty Fees, is added to Section 304, Fees, to read as follows:
The following fees shall be paid as a penalty:
(a) For any check returned unpaid which was issued in payment for
any building fee prescribed by this Code $30.00
(b) For the reinstatement of permission to proceed with
construction following the issuance of a stop work notice $10.00
Section 8-1.07.
Hours of Operation (Building).
Section 309, Hours of Operation (Building) is added to read as follows:
Building operations within one-half (1/2) mile of a structure for human
occupancy shall not be conducted between the hours of 6:00 P.M. and
7:00 A.M., Monday through Friday and between the hours of 4:30 P.M.
and 8:30 A.M. on Saturday, However, the Building Official may permit
operations during the aforesaid hours if he determines that such
operations are not detrimental to the health, safety, or welfare of the
inhabitants of such a structure. The permitted hours of operation may be
shortened by the Building Official on his finding of a previously
unforeseen effect on the health, safety, or welfare. No commercial
building activity may be conducted on Sunday or on a Federal Holiday.
No permit issued pursuant to the provisions of this chapter and no
provision of this section shall be constructed to be a waiver of the
applicability of the provisions set forth in Chapter 3 of Title 9 of the San
Juan Capistrasno Municipal Code relating to noise control.
Section 8-1.08. Certificate of Occupancy.
Paragraph (a) of Section 308 (Use or Occupancy) of the Uniform
Administrative Code is amended to read as follows:
Sec. 308 (a). Use or Occupancy. No building or structure of Groups A, B,
E, H, 1, M (except for fences or retaining walls), or R shall be used or
occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the Building
Official has issued a Certificate of Occupancy therefore as provided
herein.
Section 8-1.09. Underground Utilities.
Section 110 is added to the Uniform Administrative Code to read as follows:
Sec. 110. Underground Utilities Required. The Building Official, as a
condition precedent to the issuance of a building permit, shall require all
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utility Services located within any lot or parcel of property to be
installed underground if:
(a) The property is to be developed with a new or relocated main
building;
(b) The remodeling, alteration, or addition to an existing main building
is subject to the requirements of subsection (b) of Section 104 of
this Code; or
(c) A residential building or use is converted to any nonresidential use
or purpose.
For the purposes of this section, "main building" shall mean a building in
which is conducted the principal use of the lot or building site on which
such building is located.
The owner or developer of the property shall be responsible for
complying with the requirements of this section and shall provide all the
necessary facilities on the property to receive such Services from the
supplying utilities.
If the Building Official determines 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 any undergrounding requirement imposed
pursuant to this section upon a written application by 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 City in
the form of a cash deposit, bond, letter of credit, or other instrument
satisfactory to the City Attorney.
For the purposes of this section, appurtenances and associated
equipment, such as, but not limited to, surface -mounted transformers,
pedestal -mounted terminal boxes and meter cabinets, and concealed
ducts in an underground system, may be placed aboveground.
Any person dissatisfied with the decision of the Building Official may file
an appeal with the City Council within fifteen (15) calendar days after
the decision of the Building Official is deposited in the mail by filing a
written statement with the City Clerk setting forth the reasons for such
appeal. The City Council may overrule, modify, or affirm the decision of
the Building Official.
CHAPTER 2. BUILDING CODE
Section 8-2.01. Adoption.
For the purpose of prescribing regulations for the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
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equipment, use, height, area, and maintenance of all buildings or structures in the City of
San Juan Capistrano, those documents, three copies of which are on file in the office of
the City Clerk, being marked and designated as:
Uniform Building Code, 1985 Edition, published by the ICBG, including
the generic fire -resistive assemblies listed in the Fire Resistance Design
Manual, 1981 Edition, published by the Gypsum Association as referenced
in Tables Nos. 43-A, 43-B, and 43-C, of said Uniform Building Code,
including Appendix Chapters 1 (Division I - Life Safety Requirements for
Existing Buildings other than Highrise Buildings), 11 (Agricultural
Buildings), 32 (Re -roofing), 49 (Patio Covers), 57 (Regulations Governing
Fallout Shelters), and,
2. Uniform Building Code Standards, 1985 Edition, published by ICBG,
including (i) Structural Welding Code - Reinforcing Steel, WAS D1.4-79
(U.B.C. Standard No. 26-8); (ii) Structural Welding Code - Steel,
ANSI/AWS D1.1-84 (U.B.C. Standard No. 27-6); (iii) Structural Welding
Code - Sheet Steel, ANSI/AWS 131.3-81 (U.B.C. Standard 27-16) published
by the American Welding Society, Inc.; and (iv) Standard for the
Installation of Sprinkler Systems, NFPA 13-1980, published by the
National Fire Protection Association (U.B.C. Standard 38-1), as modified
or amended in the Uniform Building Code Standards referenced herein,
are hereby adopted by reference and made a part of this chapter as though set forth in
this chapter in full, subject, however to the amendments set forth in this chapter, and
said code shall be known as the building code of the City.
Section 8-2.02. Administration.
Part I (Administrative) of the 1985 Edition of the Uniform Building Code is
hereby deleted in its entirety.
Section 8-2.03. Fire Resistive Substitution.
Section 508 of the 1985 Edition of the Uniform Building Code is amended to
read as follows:
Sec. 508. Where one-hour fire -resistive construction throughout is required by
this code, an approved automatic sprinkler system, as specified in Chapter 38,
may be substituted, provided such system is not otherwise required throughout
the building.
EXCEPTIONS: 1. An approved automatic sprinkler system required by
section 3802(b)5 may be substituted.
2. Such substitution shall not waive nor reduce required fire -
resistive construction for:
1. Occupancy separations (Section 503(c)).
2. Exterior wall protection due to proximity of
property lines (Section 504(b)).
3. Area separations (Section 505(e)).
4. Shaft enclosures (Section 1706).
5. Corridors (Section 3305(g) and (h)).
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6. Stair enclosures (Section 3309).
7. Exit passageways (Section 3312 (a)).
8. Type of construction separation (Section 1701).
9. Atriums construed in accordance with Section 1715.
Section 8-2.04. Fire Extinguishing Systems.
(a) Item 5, is added to section 3802(b) (Automatic Fire Extinguishing
Systems) to read as follows:
5. In all new buildings or structures within the gross square footage
thereof exceeds 6,000 square feet or more than two (2) stories in
height regardless of area separation walls.
(b) Subsection (h) is added to Section 3802, Automatic Fire Extinguishing
Systems, of the Uniform Building Code to read as follows:
(h) Group R, Division 1 Occupancies. An automatic sprinkler system
shall be installed in Group R, Division 1 Occupancies.
(c) Paragraph 2 of Section 3804, Permissible Sprinkler Omissions, is amended
to read as follows:
2. Sprinklers shall not be installed when the application of water or flame
and water to the contents may constitute a serious life or fire hazard.
Other approved automatic fire -extinguishing systems shall be installed in
these areas when other sections of this code require the area to be
protected.
Section 8-2.05. Roof Coverings.
Section 3202(b), Fire Retardency, When Required, is amended, to read as
follows:
(b) Fire Retardency, When Required. Roof coverings shall be fire retardent,
except that when reroofing the following criteria apply:
a. Minor repairs and/or re -roofing not exceeding ten (10%) of the
total roof area, with the prior approval of the Building Official, and
notwithstanding other provisions of this Code, may be made using
like materials on the remainder of the roof.
b. When re -roofing exceeds ten (10%) percent but is less than fifty
(50%) percent of the total roof area, the re -roofed portion shall
comply with the provisions of this code.
When re -roofing exceeds fifty (50%) percent of the total roof area, the entire
roof shall be upgraded to comply with the provisions of this Code.
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CHAPTER 3. GRADING CODE
Section 8-3.01. Adoption.
For the purpose of safeguarding life, limb, property and the public welfare by
regulating grading on private property in the City, Appendix Chapter 70 of that certain
code known as the Uniform Building Code, 1985 Edition, published by the International
Conference of Building Officials, three copies of which are on file in the City Clerk's
Department for public record and inspection, is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full, subject, however to the
amendments set forth in this chapter, and said code shall be known as the grading code of
the City.
Section 8-3.02. Grading Fees.
Section 7007, Grading Fees, together with Table 70-A, and Table 70-B, is
deleted in its entirety.
Section 8-3.03. Permits Required.
Subparagraphs 1 and 6 are deleted in their entirety.
Subparagraph 8, Section 7003. Permits Required. (Exceptions) is amended to
read as follows:
8. An excavation which does not exceed fifty (50) cubic yards on any one
site and (a) is less than two (2) feet in depth, or (b) which does not create a cut slope
greater than five (5) feet in height and steeper than two horizontal to one vertical.
Add Subparagraph 10 to Section 7003. Permits Required to read as follows:
10. Earthwork construction regulated by the Federal, State, County, or City
government or by any local agency defined by Sections 63090 through 63095 of the
Government Code of the State. This exemption, however, shall apply only when the
earthwork construction takes place on the property or dedicated rights-of-way of such
agencies; and
Section 8-3.04.
Grading Permit Requirements.
Amend Section 7006 to add subparagraph (h) to read as follows:
(h) Permits: Denial.
(1) Hazardous grading. The Building Official shall not issue a grading permit
in any case where he finds that the work as proposed by the applicant is liable to
constitute a hazard to the public welfare, or endanger life or any private property, or
result in the deposit 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, or
drainage devices or by other means, the Building Official may issue the permit with the
conditions under which such work shall be performed.
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(2) Geological or flood hazards. If, in the opinion of the Building Official,
the land area for which the grading is proposed is subject to geological or flood hazards
to the extent that no reasonable amount of corrective work can eliminate or sufficiently
reduce the hazards to human life or property, the grading permit and the building permits
for habitable structures shall be denied.
(3) Environmental effects: Modifications. The Building Official may require
plans and specifications to be modified in order to mitigate the anticipated adverse
environmental effects of proposed grading projects, and he may deny the issuance of a
grading permit under circumstances where the significant adverse environmental effects
of a proposed grading project cannot be mitigated.
(4) Winter grading. The Building Official may deny the issuance of a grading
permit for work to be done during the period from October 15 through April 15 in any
case where he finds that the work as proposed by the applicant is liable to constitute a
hazard to the public welfare, or endanger life or any private property, or result in the
deposit of debris or endanger life or any private property, or result in the deposit of
debris on any public way, or interfere with any existing drainage course.
Amend Section 7006 to add Subparagraph (h) to read as follows:
(i) Utility lines: Backfilling. All backfill in utility line trenches, both inside
and outside the building, shall be compacted and tested in compliance with subsection (f)
of this section, and the soils engineer shall verify to the Building Official that such
backfilling has been satisfactorily accomplished. Alternate methods of filling and
reduced compaction requirements may be applied on certain projects when specified by
the soils engineer and approved by the Building Official.
On single lot projects where no soils engineer was required during the grading
of the site, the Building Official may waive the testing of compaction and allow the use
of approved materials which are relatively self -compacting. Such materials and the
method of placement shall be approved prior to the backfilling.
Section 8-3.05. Bonds.
Section 7008 is amended in its entirety to read as follows:
Section 7008. (a) Bonds Required. The permits required by the provisions of
this chapter shall not be issued unless the permittee shall first post with the Building
Official a bond executed by the owner and a corporate surety, authorized to do business
in the State as a surety, in an amount sufficient to cover the cost of the project,
including the construction of drainage and protective devices and any corrective work
necessary to remove and eliminate engineering and geological hazards. Such bonds shall
be in a form prescribed by the Building Official or approved as to form by the City
Attorney.
In lieu of a surety bond, the applicant may file a cash bond or, a letter of
credit drawn on a bank and approved by the City Attorney.
(b) Exceptions. The Building Official may reduce the amount of the bond to
the extent that he determines that the hazard or danger created by the work does not
justify the full amount.
No bond shall be required when the Building Official determines that the
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proposed grading will not adversely affect the subject property or adjacent property, or
existing or proposed structures thereon, and will not create, cause, or precipitate a
geological, flood, drainage, erosion, siltation, or other adverse environmental impact if,
for any reason, the proposed project or grading is not completed.
On developments where progressive individual grading projects or several
concurrent projects are being constructed by one owner, a continuing bond or single
letter of credit may be provided which will cover all such projects. The amount thereof
shall be determined by the Building Official.
(c) Conditions. Every bond shall include conditions that the permittee shall:
(1) Comply with all of the provisions of this chapter and other
applicable laws;
(2) Comply with all the terms and conditions of the permit for
excavations or fills to the satisfaction of the Building Official; and,
(3) Complete all of the work contemplated under the permit within the
time limit specified in the permit or complete the work to a safe condition satisfactory
to the Building Official. If the Building Official extends the time of the permit as set
forth in Section 303 of the Uniform Administrative Code, no such extension shall release
the surety upon the bond.
(d) Failure to complete the work. The term of each bond shall begin upon
the date of filing and shall remain in effect until the completion of the work to the
satisfaction of the Building Official. In the event of failure to complete the work and
failure to comply with all of the conditions and terms of the permit, the Building Official
may order the work required by the permit to be completed or put in a safe condition to
his satisfaction. The surety executing such bond or deposit shall continue to be firmly
bound under a continuing obligation for the payment of all the necessary costs and
expenses which may be incurred or expended by the governing agency in causing any and
all such required work to be done. In the case of a cash deposit, such deposit, or any
unused portion thereof, shall be refunded to the permittee.
(e) Defaults 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 the permit, written notice thereof shall be given to the principal and to
the surety on the bond. Such notice shall specify the work to be done, the estimated
costs thereof, and the period of time deemed by the Building Official to be reasonably
necessary for the completion of such work.
After the receipt of such notice, the surety, within the time specified, shall
cause or require the work to be performed or, failing therein, shall pay over to the
Building Official the estimated costs of doing the work as set forth in the notice. Upon
the receipt of such moneys, the Building Official shall cause the required work to be
performed and completed.
(f) Substitutions. A substitute bond or letter of credit may be filed in lieu
of the bond or letter of credit required by the provisions of this section, and the Building
Official may accept such substitute bond or letter of credit if it is suitable to insure the
completion of the work remaining to be performed and in proper form and substance.
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The bond or letter of credit for which it is substituted may be exonerated if the Building
Official finds that the conditions of such bond or letter of credit for which a substitute
has been filed have been satisfied and that no default exists as to the performance upon
which such bond or letter of credit is conditioned.
Section 8-3.07. Drainage, Terracing and On -Site Improvements.
Section 7012 Drainage and Terracing is amended as follows:
(a) Amend the title to read "Drainage, Terracing, and On-site
Improvements"
(b) Add Subparagraphs (f) and (g) to read as follows:
(f) Commercial and industrial drainage standards. Drainage standards for
industrial or commercial developments in nonhilly areas shall conform to the following
minimum standards:
Rough Grade
Earth at rough grade state
Finished Grade
Minimum Gradient
0.5%
Minimum Gradient
Earth 1.0%
Asphalt pavement (sheet flow) 1.0%
Concrete drain in earth area 0.5%
Concrete gutter in asphalt paved area .............. 0.3%
All concentrated drainage in asphalt paved areas shall be carried by approved
concrete drainage devices.
(g) Pavement: Standards. When asphalt concrete pavement is recommended
for parking lot surfacing or other similar use by the civil engineer or architect, such
paving shall conform to the minimum standards set forth in this subsection, unless
otherwise approved by the Building Official.
For the purposes of this section, the asphalt concrete (AC), aggregate base
(AB) prime coat, tack coat, and seal coat shall meet the current standards of the
Engineering Division and/or the approval of the Building Official.
Area Pavement Structural Section
Parking stall areas 3" AC/6" AB
Commercial driveways, perimeter drives and
loading areas 3" AC/12" AB
In lieu of the minimum sections set forth in this subsection, the
recommendations of the site soils engineer, when approved by the Building Official, may
be used.
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Section 8-3.08. Grading Inspection.
Amend Section 7014 Grading Inspection by adding paragraph (g) to read as
follows:
Section 7014 (a) Site inspections and preinspections. Prior to the approval of
the building and grading plans and specifications required by this chapter, the Building
Official may inspect the site to determine that the plans and specifications are current
and reflect existing conditions. If a grading permit is not required, a preinspection fee
shall be collected prior to the issuance of any permit for such site.
Inspections of excavation and fills. The permittee or his agent shall notify the
Building Official when the grading operation is ready for each of the following
inspections:
(1) Pre -grading inspections. When the permittee is ready to begin
work, but not less than two (2) days before any grading or brushing is started;
(2) Toe inspections. After the natural ground or bedrock is exposed
and prepared to receive the fill, but before the fill is placed;
(3) Excavation inspections. After the excavation is started, but before
the vertical depth of the excavation exceeds ten (10') feet;
(4) Fill inspections. After the fill placement is started, but before the
vertical height of the fill exceeds ten (10') feet;
(5) Drainage device inspections. After the forming of terrace drains
or down drains or after the placement of pipe in subdrains, but before any concrete or fill
material is placed;
(6) Rough grading inspections. When all rough grading has been
completed. Such inspections may be called for at the completion of the rough grading
without the necessity of the Building Official having previously reviewed and approved
the reports; and,
(7) Final inspections. When all work, including the installation of all
drainage structures and other protective devices, has been completed and the as -graded
plans, professional written approval, and the required reports have been submitted.
The provisions of Section 305 of the Uniform Building Code shall apply to all
grading work, and whenever the Building Official determines that the work does not
comply with the terms of the permit or this chapter, or that the soil or other conditions
are not as set forth in the permit, he may order the immediate cessation of all the work
thereunder, and such work shall cease until such corrections shall be complied with.
Section 8-3.09. Completion of Work.
Amend Section 7015, Completion of Work by adding the following paragraph:
(c) Rough Grade Certification. Prior to the issuance of building permits for
a graded site, the rough grading shall be completed to the satisfaction of the responsible
engineers, engineering geologist, and the Building Official.
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Section 8-3.10. Import or Export.
Amend Chapter 70 of the Uniform Building Code by adding Section 7016 to
read as follows:
Section 7016. Earth transportation. (a) Where an excess of 5,000 cubic yards
of earth per site project is moved on public roadways from or to the site of an earth
grading operation, all of the following requirements shall apply:
1. Either a water or a dust palliative, or both, shall 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 the public rights-of-way used for handling purposes in a condition free of
dust, earth, and debris attributed to the grading operation.
2. The loading and transportation of earth from or to the site shall be
accomplished between 7 a.m. and 6 p.m. on Monday through Friday and between
8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work hours may be extended
up to 4:30 p.m. only with the prior approval of the Building Official. Such approval shall
be based upon the consideration of the haul routes, noise and dust factors, proximity to
residences, and similar criteria. No earth loading or transportation shall be permitted on
Sundays or on Federal holidays.
3. Access roads to the premises shall be only at points designated on
the approved grading plan.
4. 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 shall be a 300 foot clear, unobstructed sight distance to the intersection
from both the public roadway and the access road. If the 300 foot sight distance cannot
be obtained, flagmen shall be posted.
5. A stop sign conforming to the provisions of Section 21400 of the
Vehicle Code of the State shall be posted at the entrance of the access road to the public
roadway.
6. An advance warning sign with the words "Truck Crossing" shall be
posted on the public roadway 400 feet on either side of the access intersection. Such
sign shall be diamond in shape, each side being thirty (30") inches in length, and shall
have a yellow background, and the letters thereon shall be five (511) inches in height. The
sign shall be placed six (61) feet from the edge of the pavement, and the base of the sign
shall be five (5') feet above the pavement level. The advance warning sign shall be
covered or removed when the access intersection is not in use.
CHAPTER 4. ELECTRICAL CODE
Section 8-4.01. Adoption.
For the purpose of prescribing minimum standards to safeguard life or limb,
health, property, and public welfare by regulating and controlling the design,
construction, installation, quality of materials, location, operation, and maintenance or
use of electrical systems and equipment within this jurisdiction, that certain code known
as the National Electric Code, 1987 Edition, published by the National Fire Protection
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Association, three copies of which are on file in the City Clerk's Department for public
record and inspection is hereby adopted by reference and made a part of this chapter as
though set forth in this chapter in full, subject, however to the amendments set forth in
this chapter, and said code shall be known as the electrical code of the City.
CHAPTER 5. MECHANICAL CODE
Section 8-5.01. Adoption.
For the purpose of prescribing standards to safeguard life or limb, health,
property, and public welfare by regulating and controlling the design, construction,
installation, quality of materials, location, operation, and maintenance or use of heating,
ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat -
producing appliances within this jurisdiction, that certain code known as the Uniform
Mechanical Code, 1985 Edition, published by the International Association of Plumbing
and Mechanical Officials, including appendices A, B, C, and D, thereto, three copies of
which are on file in the City Clerk's Department for public record and inspection is
hereby adopted by reference and made a part of this chapter as though set forth in this
chapter in full, subject, however to the amendments set forth in this chapter, and said
code shall be known as the mechanical code of the City.
Section 8-5.02. Administration.
Part I (Administration) of the 1985 Edition of the Uniform Mechanical Code is
hereby deleted in its entirety.
CHAPTER 6. PLUMBING CODE
Section 8-6.01. Adoption.
For the purpose of prescribing regulations for the protection of public health
and safety and establishing minimum regulations for the installation, alteration, or repair
of plumbing and drainage systems and the inspection thereof, that certain code known as
the Uniform Plumbing Code, 1985 Edition, published by the International Association of
Plumbing and Mechanical Officials, including appendices A, B, C, D, H and I thereto, and
the Installation Standards, three copies of which are on file in the City Clerk's
Department for public record and inspection is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full, subject, however to the
amendments set forth in this chapter, and said code shall be known as the plumbing code
of the City.
Section 8-6.02. Administration.
Part I (Administration) of the 1985 Edition of the Uniform Plumbing Code is
hereby deleted in its entirety.
Section 8-6.03. Solar Water Heating Installation.
Section 1326 is hereby added to the Uniform Plumbing Code to read as follows:
Section 1326. Solar Water Heating Installations.
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34`t
(a) Policy. It is the policy of the City to encourage and promote the
use of solar energy systems for water heating purposes.
(b) Installation. All solar energy systems used for water heating
purposes shall be installed in such a manner as to maximize heat absorption and to
minimize adverse visual and aesthetic impacts.
(c) Requirements. In general, each installed system shall be custom
designed for its intended installation and use. The design shall consider such factors as
the following:
(1) The solar panels shall generally face due south.
(2) The solar panels shall generally have an inclination from the
horizontal of approximately thirty-three (33 ) degrees.
(3) The solar panels shall be installed so that they will not be
shaded by surrounding trees, vegetation, or buildings.
(4) Consideration shall be given to the protection of the solar
panels from the wind in order to minimize heat loss due to convection.
(5) If a rack is required to provide for the proper installation of the
solar panels, the materials and design of the rack shall be such as to harmonize with its
surroundings and shall be as unobstrusive as possible.
(6) Color and reflectivity of the completed installation shall
comply, to the greatest extent practicable, with the requirements of Title 9 of the City
of San Juan Capistrano Municipal Code. Care shall be taken to eliminate or minimize
reflected glare which could adversely affect surrounding premises.
CHAPTER 7. SWIMMING POOL, SPA, AND HOT TUB CODE
Section 8-7.01.
Adoption.
For the purpose of prescribing regulations of the protection of public health
and safety and establishing minimum regulations for the installation, alteration, or repair
of swimming pools, spas, and hot tubs and the inspection thereof, that certain code
known as the Uniform Swimming Pool, Spa, and Hot Tub Code, 1985 Edition, published by
the International Association of Plumbing and Mechanical Officials, three copies of
which are on file in the City Clerk's Department for public record and inspection is
hereby adopted by reference and made a part of this chapter as though set forth in this
chapter in full, subject, however to the amendments set forth in this chapter, and said
code shall be known as the swimming pool code of the City.
Section 8-7.02. Administration.
Part I (Administration) of the 1985 Edition of the Uniform Swimming Pool,
Spa, and Hot Tub Code is hereby deleted in its entirety.
Section 8-7.03.
Fences, Gates, and Covers.
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Chapter 5 is added to the Uniform Swimming Pool, Spa, and Hot Tub Code to
read as follows:
Section 501 Fences and Gates. All swimming pools shall be enclosed by a
permanent fence, of a design satisfactory to the Building Official, having a height of not
less than five (59 feet measured at any point on the outside of the fence.
All gates installed in the swimming pool fencing shall be at least five (51) feet
high and shall be of the self-closing and self -latching type.
All swimming pool fencing and gates shall have been installed and
satisfactorily inspected prior to filling the swimming pool.
Section 502 Covers. All swimming pools shall be equipped with a cover which
meets the following minimum requirements:
(a) The cover may be opaque or translucent.
(b) The cover shall have a minimum thickness of four (4) mils (0.004 inch).
(c) The cover shall have been manufactured for and intended for use as a
swimming pool cover.
(d) The cover shall have a minimum three (3) year guarantee.
(e) The cover shall be on the pool at the time of the final inspection.
CHAPTER 8. HOUSING CODE
Section 8-8.01. Adoption.
For the purpose of providing minimum standards to safeguard life or limb,
health, property and public welfare by regulating and controlling the use and occupancy,
location and maintenance of all buildings and structures within this jurisdiction, that
code known as the Uniform Housing Code, 1985 Edition, published by the International
Conference of Building Officials, three copies of which are on file in the City Clerk's
Department for public record and inspection is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full, subject, however to the
amendments set forth in this chapter, and said code shall be known as the housing code of
the City.
Section 8-8.02. Exceptions.
The provisions of this chapter and said Uniform Housing Code shall not apply
to buildings and structures which are included in the Inventory of Historical and
Culturally Significant Structures, Objects, and Sites.
Section 8-8.03. Board of Appeals.
Section 203, Housing Advisory and Appeals Board, Chapter 12, Appeal, and
Chapter 13, Procedures for Conduct of Hearing Appeals, are deleted in its entirety.
Where stated elsewhere in the Uniform Housing code, the term "Housing Advisory and
Appeals Board" shall be construed to mean the City Council.
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we
CHAPTER 9. DANGEROUS BUILDING CODE
Section 8-9.01. Adoption.
For the purpose of providing a just, equitable and practicable method to be
cumulative with and in addition to, any other remedy provided by the Building Code,
Housing Code or otherwise available at law, whereby buildings or structures which from
any cause endanger the life, limb, health, morals, property, safety or welfare of the
general public or their occupants may be required to be repaired, vacated or demolished,
that code known as the Uniform Code for the Abatement of Dangerous Buildings, 1985
Edition, published by the International Conference of Building Officials, three copies of
which are on file in the City Clerk's Department for public record and inspection is
hereby adopted by reference and made a part of this chapter as though set forth in this
chapter in full, subject, however to the amendments set forth in this chapter, and said
code shall be known as the Dangerous Building Code of the City.
Section 8-9.02. Exceptions.
The provisions of this chapter and said Dangerous Building Code shall not apply
to buildings and structures which are included in the Inventory of Historical and
Culturally Significant Structures, Objects, and Sites.
Section 8-9.03. Board of Appeals.
Section 203, Housing Advisory and Appeals Board, Chapter 12 Appeal, and
Chapter 13, Procedures for Conduct of Hearing Appeals, is deleted in its entirety. Where
stated elsewhere in the Uniform Housing code, the term "Housing Advisory and Appeals
Board" shall be construed to mean the City Council.
CHAPTER 10. HOME WARRANTY PROGRAM
Section 8-10.01. Purpose and Intent.
In keeping with the objectives of the General Plan which call for programs
which provide high quality housing and which also provide for the maintenance of
structures and appurtenant installations, the home warranty program described in this
chapter is established. Further, the program shall require sellers of new residential
dwelling units to provide home warranties to insure against faulty workmanship and
materials and major construction defects.
Section 8-10.02. Definitions.
For the purposes of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this chapter are defined as follows:
(a) "Buyer" shall mean any person, organization, or homeowners' association
which acquires a possessory interest, other than a leasehold, to a dwelling unit from a
seller either directly or by mesne conveyance within the three (3) year warranty period.
"Buyer" shall not include any person, firm, corporation, partnership, association, or
organization selling or offering for sale not more than two (2) dwelling units during each
twelve (12) month period.
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37.
(b) "Seller" shall mean any person, firm, corporation, partnership,
association, or organization selling, or soliciting for sale, dwelling units within the City,
whether in fee, under a contract of sale, option to purchase, or in a condominium
development. "Seller" shall include any assignee or successor in interest of the original
warranty seller but shall not include any person, firm, corporation, partnership,
association, or organization selling or offering for sale not more than two (2) dwelling
units during each twelve (12) month period.
(c) "Date of sale" sale mean the date a buyer acquires the right to occupy a
dwelling unit or the date of his actual occupancy, whichever shall first occur.
(d) "Dwelling unit" shall mean any residential structure, accessory structure,
or condominium unit, including common ownership structures and accessory structures
not previously occupied for residential purposes. Moreover, "dwelling unit" shall include
the lot and the grading and drainage thereon.
(e) "Faulty workmanship and materials" shall mean:
(1) Actual damages to the structural components of a dwelling unit or
its driveways, service walks, gutters, masonry, roofs, and overhangs proximately
resulting from: (a) negligent or faulty design and/or installation; (b) the installation of
defective or improper materials; and/or (c) the failure to install materials. Such
damages shall also include damages caused by or resulting from faulty grading or
drainage;
(2) Actual damages proximately resulting from improper grading or
from warpage and/or water penetration proximately resulting from faulty design or
workmanship; and,
(3) Actual damages to the plumbing, heating, electrical, and cooling
systems serving the dwelling unit proximately resulting from faulty design, workmanship,
or installation.
(f) "Major construction defect" shall mean and include actual damages to
the pad or the load-bearing portion of a dwelling unit and/or appurtenant and accessory
structures, such as damages due to soil movement which affects its load-bearing function
and has a substantial adverse effect or is imminently likely to produce a substantially
adverse effect on the use of the dwelling unit for residential purposes. Also included are
major structure and/or construction defects which do or may render the structure unsafe
or hazardous for occupancy.
(g) "Residential purposes" shall mean the use of a structure for human
habitation or the use of a common ownership or accessory structure for its intended
purposes.
Section 8-10.03. Warranties: Required.
Every seller of dwelling units within the City, prior to the date of sale, shall
warrant in writing to the buyer of such dwelling units, and/or such buyer's heirs, devices,
assigns, or successors in interest, that the units, for a period of three (3) years after date
of sale, shall be free from faulty workmanship and materials and major construction
defects as defined in this chapter.
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Section 8-10.04. Warranties: Form.
The seller shall deposit financial security for the warranties required by the
provisions of this chapter in an amount which shall be the equivalent of one percent of
the aggregate valuation used to determine building permit fees of the dwelling units
covered by this chapter. The security shall be in such form and manner as to guarantee
and secure the performance of the seller under the terms of such warranties and shall
consist of one of the following, at the option of the seller and with the approval of the
City:
(a) A bond or bonds by one or more duly authorized corporate sureties;
(b) A deposit, either with the City or a responsible escrow agent or trust
company, of money or negotiable bonds of the kind approved for securing deposits of
public moneys; or,
(c) An instrument of credit, from one or more financial institutions subject
to regulation by the State or Federal government, pledging that the funds necessary to
carry out the warranty are on deposit and guaranteed for payment.
Such financial security shall constitute a revolving fund from which damages
arising within any or all dwelling units covered by this chapter shall be paid. There may
be partial releases and exonerations of such security upon the expiration of the three (3)
year warranty period for each dwelling unit. At the end of the warranty period, any
remaining funds will be returned to the seller by the City.
Section 8-10.05. Limits of Liability.
Notwithstanding the foregoing provisions of this chapter, the seller shall not be
liable under any warranty required by this chapter for:
direction;
(a) Defective design or materials supplied by the buyer or installed under his
(b) Normal wear and tear or deterioration of the dwelling unit;
(c) Dampness or condensation due to the failure of the buyer to maintain
adequate ventilation or reasonable and proper use and maintenance of the dwelling unit;
(d) Negligence, improper maintenance or operation, or alteration by parties
other than the seller, or the seller's subcontractors or agents, with respect to the
dwelling unit and its systems, appliances, equipment, and fixtures;
(e) Changes or alterations by parties other than the seller, or the seller's
subcontractors or agents, of the grading of the ground;
(f) Landscaping, including plants, grass, and trees;
(g) Accidental loss or damage, including, but not limited to, fire, explosion,
smoke, water escape, unforeseeable changes in the level of the underground water table,
glass breakage, windstorms, hail or lightning, falling trees, aircraft, and vehicles, floods,
or earthquakes;
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(h) Loss or damage which occurs after the dwelling unit is no longer used
primarily as a residence; and
(i) Notwithstanding anything contained in this chapter to the contrary, this
chapter is not intended and shall not be construed to abrogate or detract from any
statutory or common law rights which a buyer may have against a seller for breach of
warranty or other cause of action.
Section 8-10.06. Compliance With Terms Of Warranties.
(a) The buyer shall promptly notify the seller, with a duplicate copy to
the Administrative Services Officer of the City, of any defects which are covered by the
home warranty pursuant to this chapter.
(b) The seller, upon the receipt of such notification, shall promptly
respond to the notification, cause an investigation to be made, and, subject to the
approval of the City, either:
(1) At his sole cost and expense, correct all defects in the home
covered by the warranty; or,
(2) Pay to the buyer the reasonable cost of correcting such defects
provided the buyer has provided estimates from two (2) licensed contractors specifying
the full cost of correcting the defects.
(c) Should the seller refuse or fail to discharge his obligations as
specified in subsection (b) of this section, the City, upon the request of the buyer, will
cause such defects to be corrected. Any and all costs and expenses shall be deducted
from the funds pledged by the seller,
SECTION 2. Findings.
The amendments to Section 3802, requiring that all new group R Division 1
buildings or structures shall have an approved automatic fire sprinkler system installed,
is found to be necessary because of the following local conditions:
a. Climatic Conditions - Hot, dry Santa Ana winds are common to areas
within the City of San Juan Capistrano and Orange County. These winds constitute a
contributing factor which causes small fires originating in high density housing presently
being constructed in the City of San Juan Capistrano, which spreads quickly, and creates
the need for an increased level of fire protection. This added protection will supplement
normal fire department response available in high density occupancies, and provide
immediate protection for life and safety of multiple occupancy occupants during fire
occurrences.
b. Geography and Topography - Traffic and circulation congestion presently
existing in the City of San Juan Capistrano often places fire department response time to
fire occurrences at risk. This condition makes the need for automatic on-site protection
for property occupants necessary.
c. Geography and Topography - Placement of multiple occupancy buildings,
location of arterial roads, and fire department staffing constraints due to recent revenue
limiting state legislation have made it difficult for the fire department to locate
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additional fire stations and provide manpower sufficient to concentrate fire companies
and personnel to control fires in high density apartment or condominium buildings,
making the need for on-site automatic fire sprinkler systems necessary."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
passage, except as follows:
1. That the amendments to Section 3802 of the Uniform Building Code shall
take effect and be in force on January 1, 1988.
2. Chapter 5, Mechanical Code, and Chapter 4, Electric Code, shall take
effect and be in force on October 1, 1987.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this I Rth day of A„gnsr .
1987.
ATTEST:
CITY CL"Rl
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41
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 600 which was introduced at a meeting of the City Council of the
City of San Juan Capistrano, California, held on August 4 , 1987, and
adopted at a meeting held on August 18 , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer and Mayor Bland
NOES: None
ABSENT: None
(SEAL) J
MARY ANN A QOVER, CITY CLERK
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43
EXHIBIT A
TABLE 3-A
BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00
$25.00
$501.00 to $2,000.00
$25.00 for the first $500.00 plus $2.00 for
each additional $100.00 or fraction thereof,
to and including $2,000.00
$2,001.00 to $25,000.00
$55.00 for the first $2000.00 plus $9.00 for
each additional $1,000.00 or fraction
thereof, to and including $25,000.00
$25,001.00 to $50,000.00
$285.00 for the first $25,00.00 plus $7.00 for
each additional $1,000.00 or fraction
thereof, to and including $50,000.00
$50,001.00 to $100,000.00
$460.00 for the first $50,000.00 plus $5.00
for each additional $1,000.00 or fraction
thereof, to and including $100,000.00
$100,001.00 to $500,000.00
$710.00 for the first $100,000.00 plus $4.00
for each additional $1,000.00 or fraction
thereof
$500,001.00 to $1,000,000.00 $2310.00 for the first $500,000.00 plus $3.00
for each additional $1,000.00 or fraction
thereof, to and including $1,000,000.00
$1,000,001.00 and up $3810.00 for the first $1,000,000.00 plus
$2.00 for each additional $1,000.00 or
fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours ................ $30.00 per hour *
(minimum charge - two hours)
2. Reinspection fees assessed under provisions of
Section 305(8) .......................................... $30.00 per hour *
3. Inspections for which no fee is specifically
indicated ............................................... $30.00 per hour *
4. Additional plan review required by changes, additions
or revisions to approved plans
(minimum charge - one-half hour) ......................... $30.00 per hour *
4-4
EXHIBIT A
TABLE 3-A
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5. Permit issuance fee ...............................................$15.00
6. Supplemental permit issuance fee ................................... $ 4.50
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits of
the employees involved.
45,
Exhibit B
TABLE NO. 3-H - GRADING PERMIT FEES
50 cubic yards or less.............................................$15.00
51 to 100 cubic yards - $50.00 for the first 50 cubic yards plus $10.00 for each additional
10 cubic yards or fraction thereof.
101 to 1000 cubic yards - $100.00 for the first 100 cubic yards plus $20.00 for each
additional 100 cubic yards or fraction thereof.
1001 to 10,000 cubic yards - $280.00 for the first 1,000 cubic yards, plus $20.00 for each
additional 1,000 cubic yards or fraction thereof.
10,001 to 100,000 cubic yards - $460.00 for the first 10,000 cubic yards, plus $40.00 for
each additional 10,000 cubic yards or fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours ............ $30.00 per hour*
2. Reinspection fees assessed under provisions of
Section 305(g) ......................................$30.00 per hour*
3. Inspections for which no fee is specifically
indicated...........................................$30.00 per hour*
4. Permit issuance fee ..........................................$15.00
5. Supplemental permit issuance fee ............................... $4.50
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall
include supervision, overhead, equipment, hourly wages and fringe benefits of the
employees involved.
The fee for a grading permit authorizing additional work to that under a valid permit
shall be the difference between the fee paid for the original permit and the fee shown for
the entire project.
M
49 ,
Exhibit C
TABLE 3-1
Swimming Pool Spa and Hot Tub Fees
Schedule of Fees
Permit issuance for issuing each permit ............................. $15.00
Permit issuance for each supplemental permit .......................... 4.50
Unit fee schedule:
For each swimming pool:
Public pool...................................................40.00
Private pool..................................................30.00
Private Spa or Hot Tub.........................................20.00
Pool filling system, including
back-flow prevention, each ......................................2.00
Each water heater and/or vent.......................................2.00
Gaspiping system, each ............................................. 2.00
Replacing of filter ................................................. 3.00
Replacing of piping ................................................. 3.00
Miscellaneous replacements ......................................... 3.00
Backwash receptor ................................ ..............2.00
47
Exhibit D
TABLE 3-3
ON-SITE IMPROVEMENTS
Valuation Permit Fee
$0 to $1,000.00 $10.00
$1,001.00 to $25,000.00
$10.00 for the first $1,000.00 of value, plus
$10.00 for each additional $1,000.00, or
fraction thereof, of value up to and
including $25,000.00
$25,001.00 to $50,000.00
$250.00 for the first $25,000.00 of value,
plus $8.00 for each additional $1,000.00, or
fraction thereof, of value up to and
including $50,000.00
$50,001.00 to $100,000.00
$450.00 for the first $50,000.00 of value,
plus $5.00 for each additional $1,000.00, or
fraction thereof, of value up to and
including $100,000.00
$100,001.00 to $500,00.00
$700.00 for the first $100,000.00 of value,
plus $2.00 for each additional $1,000.00, or
fraction thereof, of value up to and
including $500,000.00
$500,001.00 and higher
$1,500.00 for the first $500,000.00 of value,
plus $1.00 for each additional $1,00.00, or
fraction thereof, of value above $500,000.00