Appendix J of the 2009 International Building Code is amended to read as follows:

Section J103.2 1. When approved by the building official, grading in an isolated area if there is no danger to private or public property. For purposes of this section, a lot located in a recorded subdivision shall not be considered an isolated, self-contained area.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such an excavation or exempt any excavation having an unsupported height greater than 10 feet after the completion of such structure.

8. An excavation which is (1) less than five (5) feet in depth, or (2) which does not create a cut slope greater than ten (10) feet in height and steeper than 1 1/2 horizontal to 1 vertical.

9. A fill less than five (5) feet in depth and placed on natural terrain with a slope flatter than 3 horizontal to 1 vertical, not intended to support structures, which does not obstruct a drainage course.

Section J106.1 Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1/2 horizontal to one (1) vertical in solid rock and 2 horizontal to 1 vertical in other soils unless the permittee furnishes a soil engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Where the cut slope in rock exceeds thirty feet in height, a ten foot wide bench shall be provided at twenty feet and at twenty foot intervals thereafter. For slopes greater than 1 1/2 horizontal to 1 vertical, the adjacent property line shall be fenced except along public right-of-way before excavation is begun.

Section J107.2 Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill and, where slopes are steeper than five to one, and the height is greater than 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 5 to one (1) shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet (10’) wide but the cut must be made before placing fill and accepted by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the building official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

Section J107.6 Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill surfaces shall be no steeper than two horizontal to one vertical for soils other than fractured rock and one and one-half horizontal to one vertical for fractured rock.

Section J110.1 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practical and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. Any topsoil available from any cut area shall be stockpiled and used to recover the excavation site upon completion of grading and shall be seeded with appropriate grasses.