HomeMy WebLinkAbout10 - Adoption of the 2019 California Building Standards Codes and California Fire Code with Local AmendmentsTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
November 5, 2019
Agenda Item No. 10
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Samir Ghosn, Chief Building Official, sghosn@newportbeachca.gov
Kevin Bass, Fire Marshal, kbass@newportbeachca.gov
PHONE: 949-644-3277
TITLE: Adoption of the 2019 California Building Standards Codes and
California Fire Code with Local Amendments
ABSTRACT:
The City of Newport Beach (City) enforces state model building standards and fire codes
for the purpose of regulating design and construction of all structures to protect life and
property. Every three years the state adopts new codes. Local agencies must adopt the
same codes and make amendments with specific findings 30 days prior to the January 1,
2020, effective date of the new codes. Attached for City Council's consideration are the
resolutions making specific findings to the proposed City amendments along with draft
ordinances introducing the revised codes. If passed, this item will return for final adoption
of the ordinances on November 19, 2019.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find the proposed actions are not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA
Guidelines, because the code adoption and amendment will not result in a physical
change to the environment, directly or indirectly;
c) Adopt Resolution No. 2019-96, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth Findings Based on Local Conditions Within the City of
Newport Beach Which Make Certain Modifications and Changes to the International
Property Maintenance Code, the California Building Code, the California Residential
Code, the California Electrical Code, the California Mechanical Code, the California
Plumbing Code and the International Pool and Spa Code as Reasonably Necessary
because of Local Climatic, Geographic, or Topographic Conditions,
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Adoption of the 2019 California Building Standards Codes and
California Fire Code with Local Amendments
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d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-17, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 15 (Building and Construction) of the Newport Beach
Municipal Code to Adopt Amendments to Chapter 1 Division 11 of the
2019 California Building Code Designated as the Newport Beach Administrative
Code, 2019 California Historical Code, 2019 California Existing Building Code,
2019 California Green Building Standards Code, and 2019 California Energy Code,
2018 International Property Maintenance Code with Local Amendments,
2019 Edition of the California Building Code, 2019 Edition of the California
Residential Code, 2019 California Electrical Code, 2019 California Mechanical
Code, 2019 California Plumbing Code, 2018 International Swimming Pool and Spa
Code with Local Amendments and Amending Chapter 15.10 (Excavation and
Grading), and pass to second reading on November 19, 2019;
e) Adopt Resolution No. 2019-97, A Resolution of the City Council of the City of
Newport Beach, California, Setting Forth Findings Based on Local Conditions
Within the City of Newport Beach Which Make Certain Modification and Changes
to the 2019 Edition of the California Fire Code as Reasonably Necessary because
of Local Climatic, Geographic, or Topographic Conditions; and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-18, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to
Adopt the 2019 Edition of the California Fire Code, as forth in Title 24, Part 9 of the
California Code of Regulations, with Local Amendments, and pass to second
reading on November 19, 2019.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to the City for this action.
DISCUSSION:
The California Building Standards Code is published every three years and amends
the California Code of Regulations Title 24. These codes are commonly referred to
as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green, and Energy
Codes. This year the Fire Code is presented along with the other Building Standards
Codes under this staff report but with a separate resolution and ordinance.
The City may only make more restrictive modifications and amendments if the City
Council adopts findings relating to local climatic, topographic and geographic
conditions and said findings are filed with the California Building Standards
Commission. The California Building Standards Commission has established
January 1, 2020, as the statewide effective date for all of the 2019 California Building
Standards Codes. All local municipalities are required to enforce such codes as the
minimum design standards and construction codes.
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Adoption of the 2019 California Building Standards Codes and
California Fire Code with Local Amendments
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The proposed amendment to Title 15 will modify Chapter 15.09 and will incorporate
the requirements of the International Swimming Pool and Spa Code which is not
adopted by the State of California as a model code.
If the item moves forward to November 19, 2019, City Council's approval of the
ordinances would result in the amendment of Title 9 and Title 15 of the Newport
Beach Municipal Code (NBMC) by repealing references to the prior editions of the
building standards codes and enacting the most current California Building Standard
codes and International codes:
2019 California Building Code
2019 California Fire Code
2019 California Residential Code
2019 California Electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Green Building Standards Code (Cal Green)
2019 California Historical Building Code
2019 California Existing Building Code
2018 International Property Maintenance Code
2018 International Swimming Pool and Spa Code
Communitv Outreach
On October 15, 2019, staff held a community workshop to gain input on the proposed
draft ordinance and amendments. The workshop was open to the public and over 50
members of the public and design community attended. Copies of the draft ordinance
were provided to the attendees. The workshop was positively received by the
attendees. Though no amendments were requested, several participants requested
future city -sponsored seminars to address various subjects such as exiting and
accessibility.
Building and Fire Board of Appeals
On October 21, 2019, the Building and Fire Board of Appeals (Board) convened with
six members of the board in attendance. At the meeting, staff presented the proposed
draft amendments for their comments. The Board did not recommend any changes to
the proposed amendments and had no objection to the code adoption as presented.
The Board was supportive of having the City staff provide additional seminars on egress
and accessibility.
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Adoption of the 2019 California Building Standards Codes and
California Fire Code with Local Amendments
November 5, 2019
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Key Municipal Code Amendments
The following is a summary of some of the key amendments for City Council's
consideration proposed for incorporation into the NBMC:
a. NBMC Section 15.02.120 requires a 30 -day notification via certified mail
to adjacent owners when the entire building is to be demolished. Proof
of notification will be required prior to permit issuance.
b. NBMC Section 15.02.080 would require a permit for Masonry and
Concrete fences within 3 feet of the property line. The location of
property line walls are common dispute issues with neighbors especially
as it relates to locating structures within a property boundary.
c. NBMC Section 15.05.120 deletes Exception 2 of the Emergency Escape
& Rescue opening from basements due to inconsistencies with other
requirements of the code for sleeping rooms at or above the first story.
The exception would have fire and safety rescue implications due to
geographical conditions and lack of access to first responders.
d. NBMC Section 15.05.210 requires the construction and alteration of
residential swimming pools and spas to comply with the NBMC Chapter
15.09 and Section 3109.2 of the 2019 California Building Code.
e. NBMC Section 15.05.270 permits residential construction to utilize deep
foundations systems as allowed in the 2019 California Building Code.
Many areas of the City utilize the deep foundation systems due to soil
conditions, hillside developments and liquefaction zone. The un-
amended California Residential Code does not have provisions for deep
foundation systems.
f. NBMC Section 15.05.280 deletes Simplified Wall Bracing, which is
inconsistent with the type of construction and custom home building
subjected to flood zone, liquefaction zone, hillside developments, and
adverse soil conditions.
g. NBMC Section 15.10.120 would incorporate the grading and drainage
requirements from the Federal Management Agency, to maintain
consistency with the National Flood Insurance Program. Additionally,
the amendment will group the grading and drainage requirements into
one chapter.
h. NBMC Section 9.04.090 prevents the use of sky lanterns. Sky lanterns
have the potential to land on a roof or dry vegetation and cause
significant damage due to fire. Considering the wildland-urban interface
areas within the City of Newport Beach and the constant requests for
sky lanterns from local wedding facilities, this amendment remains in the
2019 Fire Code.
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Adoption of the 2019 California Building Standards Codes and
California Fire Code with Local Amendments
November 5, 2019
Page 5
NBMC Section 9.04.190 and 9.04.210 requires emergency responder
radio coverage in new buildings. This requirement was added in the
2013 code adoption cycle for newer commercial and residential
buildings. Typically, buildings that are 50,000 square feet or larger in
size or include a basement are required to be equipped with special
radio equipment for emergency responders. The radios ensure that
emergency responders (primarily fire fighters and police officers) inside
a building are in constant radio communication with other emergency
responders outside the building. The proposed amendments, which list
The Orange County Sheriff Communication and Technology
Department as the primary agency approving these systems, are
consistent with the amendments adopted by surrounding Orange
County agencies.
j. Section AJ102.4.3 of Appendix J of the California Residential Code
allows the existing window sill height to remain when emergency egress
windows, such as in bedrooms, are replaced in kind.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action proposed herein is not a project subject
to the California Environmental Quality Act ("CEQA) in accordance with Section 21065 of
the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378
of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA
Guidelines") because the code amendment will not result in a reasonably foreseeable
physical change to the environment. Additionally, the code amendment is exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This code amendment itself does not authorize development that would
directly result in physical change to the environment.
NOTICING:
Notice of this hearing was published in the Daily Pilot at least 10 days in advance of this
hearing. Additionally, the item appeared on the agenda for this meeting, which was
posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A —
Resolution No. 2019-96
Attachment B
— Ordinance No. 2019-17
Attachment C
— Resolution No. 2019-97
Attachment D
— Ordinance No. 2019-18
Attachment E — Ordinance No. 2019-17 (redline)
Attachment F — Ordinance No. 2019-18 (redline)
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Attachment A
City Council Resolution, -Adopting Findings to the Amendments to the California
Building Standards Code and Other Related Codes
10-6
RESOLUTION NO. 2019- 96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE,
THE CALIFORNIA BUILDING CODE, THE CALIFORNIA
RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL
CODE, THE CALIFORNIA MECHANICAL CODE, THE
CALIFORNIA PLUMBING CODE AND THE
INTERNATIONAL POOL AND SPA CODE AS
REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOGRPAHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same, modified,
or changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2019 California Building Code
based on the 2018 International Building Code of the International Code Council, 2019
California Residential Code based on the 2018 International Residential Code, 2019
California Green Building Standards Code, the 2019 California Plumbing Code based on
the 2018 Uniform Plumbing Code of the International Association of Plumbing and
Mechanical Officials, 2019 California Mechanical Code based on the 2016 Uniform
Mechanical Code of the International Association of Plumbing and Mechanical Officials,
and the 2019 California Electrical Code based on the 2017 National Electrical Code of
the National Fire Protection Association, 2019 California Energy Code, 2019 Historical
Code, and the 2019 Existing Building Code (hereinafter referred to collectively as
"Codes");
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of local
climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to Health and Safety Code Section
17958.5, make express findings that such changes or modifications are needed due to
local climatic, geographic, or topographic conditions;
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Resolution No. 2019 -
Page 2 of 11
WHEREAS, the Chief Building Official has recommended that changes and
modifications be made to the Codes and have advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in the
City and have further advised that the remainder of said changes and modifications are
administrative or procedural in nature; and
WHEREAS, a copy of this resolution together with the ordinance adopting the City
Codes shall be filed with the California Building Standards Commission and the California
Department of Housing and Community Development by the City Clerk of the City of
Newport Beach as required by State law (Health and Safety Code Section 17958.7).
NOW THEREFORE, the City Council of the City Of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the following changes and
modifications to the 2018 Edition of the International Property Maintenance Code and
2019 California Building Code, 2019 California Residential Code, 2019 California
Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, and
2018 International Swimming Pool and Spa Code, as recommended by the Chief Building
Official necessary due to local climatic, geographic or topographic conditions:
INTERNATIONAL PROPERTY
MAINTENANCE CODE SECTION
JUSTIFICATION/EXPRESS FINDINGS
303.2 (Enclosures)
Make consistent with the California
Building Code
CALIFORNIA BUILDING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
701A.1 (Scope)
d, e, f
701A.3 (Delete Exception #4)
d, e, f
701A.3.1 (Delete Exception #2)
d, e, f
702A (Def. Unenclosed Covered Structure)
d, e, f
710A.3.3 (Detached Miscellaneous Structures)
d, e, f
903.2 (Sprinkler Requirement Commercial)
c, d, e
903.2.8 (Sprinkler Requirement Residential)
a, c, d, e
M
Resolution No. 2019 -
Page 3 of 11
1030.1 (Amend Exception 6)
b, i, j
1505.1 (Minimum Roof Covering)
d, e, f
1505.1.3 (Roof Coverings Within all Other
Areas)
d,e,f
1612.3 (Establishment of Flood Hazard Areas)
i, j
1704.2.1 (Special Inspector Qualifications)
g, h, i
1905.1.7 (Delete Exceptions 1 through 3)
g, h, i
CALIFORNIA RESIDENTIAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b, h, i
R301.1.1.1 (Deleted)
e, f, g, h, i, j
R301.1.3 — R301.1.3.3 (Engineered Design)
a, b, d, c, g, h, i, j
R301.2.4 — R301.2.4.1 (Floodplain
Construction)
h, i, j
R309.3 (Flood Hazard Areas)
i, j
R 310.1 (Deleted Exception 2)
d, e, f, g, h, i, j
R 310.2.3.1 (Ladder and Steps)
d, e, f, g, h, i, j
R 310.2.4 (Deleted)
d, e, f, g, h, i ,j
R 310.3.2.1 (Ladder and Steps)
d, e, f, g, h, i, j
R 311.7.11 (Alternating Tread Devices)
d, e, f, g, h, i, j
R 311.7.12 (Ship Ladders)
d, e, f, g, h, i, j
R313 (Replaced with CBC 903.2.8)
a, b, c, e, i
R319.1 (Address Identification)
k,
R322 (Adding Floodplain Management
Ordinance)
h, i, j
R326 (Swimming Pools, Spas, and Hot Tubs)
Additional reference to California
Building Code
R337 (Materials and Construction Method of
Additional reference to California
10-9
Resolution No. 2019 -
Page 4 of 11
Exterior Wildfire Exposure)
Building Code
I, Additional reference to California
R341 (Sound Transmission)
Building Code
a, b, c, g, h, i, j, Additional reference
R401.4 (Geotechnical Investigations)
to California Building Code
R404 (Deleted)
a, b, c, g, h, i, j
R405.1 (Basement Wall Drainage)
i, j
a, b, c, g, h,i,j
R409 (Earth Retaining and Shoring)
R602.12 (Deleted)
b, g, h, i, j
d, e, f, Additional reference to
R902 (Roof Classification)
California Building Code
CALIFORNIA ELECTRICAL CODE
JUSTIFICATION/EXPRESS FINDINGS
SECTIONS
R342.10 (Atmospheric Conditions and
Occupancies)
i, j
R344.10 (RMC — Uses Permitted)
i, j
R358.1 OA (EMT — Uses Permitted)
i, j
R358.1013 (EMT — Uses Permitted)
i, j
CALIFORNIA MECHANICAL CODE
JUSTIFICATION/EXPRESS FINDINGS
SECTIONS
Make consistent with the California
103.5 (Modifications)
Building Code
Make consistent with the California
107.1 (Appeals)
Building Code
CALIFORNIA PLUMBING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
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Resolution No. 2019 -
Page 5 of 11
10-11
Make consistent with the California
103.5 (Modifications)
Building Code
Make consistent with the California
107.1 (Appeals)
Building Code
INTERNATIONAL SWIMMING POOL AND
JUSTIFICATION/EXPRESS FINDINGS
SPA CODE SECTION
Administrative change by Chartered
101.1 (Title)
City
Administrative change by Chartered
101.2 (Scope)
City
Administrative change by Chartered
102 through 108 (Delete Sections)
City
Make consistent with the California
201.3 (Terms)
Codes
Make consistent with California
202 (Definitions)
Swimming Pool Safety Act
301.1 (Scope)
n
m, Make consistent with the
302.1 (Electrical)
California Codes
Make consistent with the California
302.2 (Water service and drainage)
Codes
Make consistent with the California
302.5 (Backflow protection)
Codes
302.6 (Wastewater discharge)
Make consistent with the California
Codes
303.1 (Energy consumption)
Make consistent with the California
Codes
303.1.1 through 303.3 (Deleted)
Make consistent with the California
Codes
10-11
Resolution No. 2019 -
Page 6 of 11
304.2 (Floodplain Construction)
i, j
n, Administrative change by
305.1 (General)
Chartered City
m, Administrative change by
305.2 (Swimming Pools and Spa)
Chartered City
Make consistent with California
305.2.1 (1) (Barrier height and clearance)
Swimming Pool Safety Act
Administrative change by Chartered
305.2.4 (Deleted)
City
Make consistent with California
305.3.3 (Latches)
Swimming Pool Safety Act
Make consistent with California
305.4 (Structure wall as barrier)
Swimming Pool Safety Act
Make consistent with California
305.4(1) (Structure wall as barrier)
Swimming Pool Safety Act
Make consistent with California
305.5(1) and (2) (Pool Structure as a barrier)
Swimming Pool Safety Act
Additional reference to California
306.1 (General)
Codes
306.4 (Decks)
n
Make consistent with the California
Table 306.5 (Drainage Slopes)
Building Code
Additional reference to California
306.9.1 (Hose bibbs)
Codes
Additional reference to California
307.1.1 (Glazing in hazardous locations)
Codes
Additional reference to California
307.1.3 (Roofs or canopies)
Codes
Additional reference to California
307.1.4 (Accessibility)
Codes
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Resolution No. 2019 -
Page 7 of 11
10-13
Additional reference to California
307.2.2 (Materials and structural design)
Codes
Additional reference to California
316.4 (Installation)
Codes
Additional reference to California
316.6.1 (Installation)
Codes
Additional reference to California
318.2 (Protection of potable water supply)
Codes
, Administrative change by
j
320.1 (Wastewater Disposal)
Chartered City
Administrative change by Chartered
320.2 and 320.3 (Deleted)
City
Additional reference to California
321.4 (Residential pool and deck illumination)
Codes
Chapter 4 (Deleted)
n
Chapter 5 (Deleted)
n
Chapter 6 (Deleted)
n
Additional reference to California
703.1 (General)
Codes
802.1 (Materials of components and
Additional reference to California
accessories)
Codes
Additional reference to California
802.2 (Structural design)
Codes
Administrative change by Chartered
901.2 (General)
City
Administrative change by Chartered
903 (Added Section)
City
904 (Added Section)
Administrative change by Chartered
City
905 (Added Section)
Administrative change by Chartered
10-13
Resolution No. 2019 -
Page 8 of 11
a. The City of Newport Beach is located in an area subject to a climatic condition of
high winds. This environment is conducive to rapidly spreading fires. Control of
such fires requires a rapid response. Obstacles generated by a strong wind, such
as fallen trees, street lights and utility poles, and the requirement to climb up flights
of stairs will greatly impact the response time to reach an incident scene.
Additionally the amount of wind force at 60 ft. above the ground puts rescue
personnel at increased risk of injury when they are using aerial -type firefighting
apparatus above this height.
b. The City of Newport Beach is located in a seismically active area. The public water
system may be likely damaged after a major seismic event. This would leave tall
buildings vulnerable to uncontrolled fires due to a lack of available water and an
inability to pump sufficient quantities of available water. A severe seismic event
has the potential to negatively impact any rescue or fire suppression activities
because it is likely to create obstacles similar to those indicated under the high
wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with reduced
fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
10-14
City
906 (Added Section)
Administrative change by Chartered
City
907 (Added Section)
Administrative change by Chartered
City
a. The City of Newport Beach is located in an area subject to a climatic condition of
high winds. This environment is conducive to rapidly spreading fires. Control of
such fires requires a rapid response. Obstacles generated by a strong wind, such
as fallen trees, street lights and utility poles, and the requirement to climb up flights
of stairs will greatly impact the response time to reach an incident scene.
Additionally the amount of wind force at 60 ft. above the ground puts rescue
personnel at increased risk of injury when they are using aerial -type firefighting
apparatus above this height.
b. The City of Newport Beach is located in a seismically active area. The public water
system may be likely damaged after a major seismic event. This would leave tall
buildings vulnerable to uncontrolled fires due to a lack of available water and an
inability to pump sufficient quantities of available water. A severe seismic event
has the potential to negatively impact any rescue or fire suppression activities
because it is likely to create obstacles similar to those indicated under the high
wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with reduced
fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
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Resolution No. 2019 -
Page 9 of 11
e. The City of Newport Beach, especially the foothill areas, is geographically located in
an area periodically subject to high temperature dry Santa Ana wind conditions of
high velocity. Moreover, the topographical conditions of the foothill areas and
canyons contained therein tend to accelerate the periodic high velocity winds by
means of a venturi effect. The use of non -rated or special purpose roofing materials
as roof coverings within the City of Newport Beach may create an inordinate fire
hazard during periods of high velocity winds when fire may spread across buildings
with roof coverings of non -rated combustible materials.
Embers from chimneys without spark arresters within the City of Newport Beach,
including the foothill areas, coupled with the climatic, topographic and geographic
conditions described herein above, may permit the throwing of sparks, embers and
cinders upon non -rated and special purpose roofing material roofs during periods of
high velocity winds, thereby creating a fire hazard which in turn may spread
throughout areas where the roofs of structures are covered with wood shakes and
shingles.
g. The City of Newport Beach is subject to seismic activity which may result in damage
to existing structures that do not comply with current code. Repair of earthquake
damage according to California Existing Building Code requires upgrading the
existing building to a standard higher than that to which it was built, which creates a
financial hardship for the building owner to repair an earthquake -damaged structure
or strengthen it prior to a seismic event. The California Existing Building Code
provides a reasonable performance standard for strengthening and repair of
structures. The Federal Emergency Management Agency ("FEMA") requires
adoption of performance standards for the repair of damaged structures as a
condition of financial assistance after disasters.
h. The City of Newport Beach is located in a seismically active area. There are
earthquake faults that run along both the northeastern and southwestern
boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which
runs through Orange County was the source of the destructive 1933 Long Beach
earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120
lives, with areas damaged from Laguna Beach to Marina del Rey and inland to
Whittier, and poses one of the greatest hazards to lives and property in the nation.
Regional planning for reoccurrence is recommended by the State of California,
Department of Conservation. There was also an earthquake in December 1989,
with the epicenter located near the City of Irvine. The fault on which this quake
occurred was unknown prior to, this activity. The City of Newport Beach contains
coastal bluffs and hilly areas subject to landslides, earth induced landslides and it
has coastal areas subject to flooding and liquefaction.
The City of Newport Beach has coastal and bay front areas with sandy soils and a
shallow water table at the same elevation as bay water elevation which fluctuates
with the tide. Sandy soils and high ground water level may cause the soils to
liquefy during a seismic event.
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Resolution No. 2019 -
Page 10 of 11
The City of Newport Beach contains low lying coastal areas subject to flooding from
sustained rain with tides which hinders drainage to the bay. Certain other areas such
as Balboa Island are subject to water surges from drainage through back bay. Other
oceanfront areas are subject to flooding from storm -driven high waves run up and
overtop coastal beach berms. West Newport Beach is subject to flooding from the
Santa Ana River and storm events with tides. The City of Newport Beach participates
in the Federal Flood Insurance Program and has adopted a FEMA -required flood
management ordinance with flood mitigation measures including construction
requirements contained in Newport Beach Municipal Code Chapter 15.50.
k. Newport Beach is located in Southern California and can be subject to air pollution,
water and power shortages, climate change, and potential pollution of bay water.
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography.
M. The City of Newport Beach is a Charter City, therefore; topographical,
geographical and climatic conditions are not required to amend the administrative
provisions within the code.
n. City of Newport Beach does not have jurisdiction over Public Pools. The enforcing
agencies for Public Pools are the California Department of Public Health and the
local health agency, County of Orange Health Care Agency, per Health and Safety
Code Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the
California Building Code.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
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Resolution No. 2019 -
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Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 5t" day of November, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
cl—
Aaron C. Harp
City Attorney
10-17
Attachment B
City Council Ordinance No. 2019-17, Draft Ordinance - Adopting the California
Building Standards Code and Other Related Codes
10-18
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2019- 17
TABLE OF CONTENTS
TITLE 15
Paqe
SECTION 1
Amendments to Chapter 15.02 Administrative Code
4
SECTION 2
Amendments to Chapter 15.03 International Property Maintenance
Code
12
SECTION 3
Amendments to Chapter 15.04 Building Code
14
SECTION 4
Amendments to Chapter 15.05 Residential Code
21
SECTION 5
Amendments to Chapter 15.06 Electrical Code
30
SECTION 6
Amendments to Chapter 15.07 Mechanical Code
32
SECTION 7
Amendments to Chapter 15.08 Plumbing Code
33
SECTION 8
Amendment to Chapter 15.09 Swimming Pool and Spa Code
35
SECTION 9
Amendment to Chapter 15.10.05 Excavation and Grading Code
(Definitions)
47
SECTION 10
Amendments to Chapter 15.10.060 Excavation and Grading Code
(Grading Permit Requirements)
47
SECTION 11
Adoption of Chapter 15.10.120 Excavation and Grading Code
(Drainage & Terracing)
48
SECTION 12
Adoption of Chapter 15.11 Green Building Standards
50
SECTION 13
Adoption of Chapter 15.13 Historic Building Code
51
SECTION 14
Adoption of Chapter 15.14 California Existing Building Code
51
SECTION 15
Adoption of Chapter 15.17 California Energy Code
52
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Ordinance No. 2019 -
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ORDINANCE NO. 2019-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING TITLE 15 (BUILDING AND
CONSTRUCTION) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT AMENDMENTS TO CHAPTER 1
DIVISION II OF THE 2019 CALIFORNIA BUILDING CODE
DESIGNATED AS THE NEWPORT BEACH
ADMINISTRATIVE CODE, 2019 CALIFORNIA HISTORICAL
CODE, 2019 CALIFORNIA EXISTING BUILDING CODE,
2019 CALIFORNIA GREEN BUILDING STANDARDS CODE,
AND 2019 CALIFORNIA ENERGY CODE; 2018
INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
LOCAL AMENDMENTS ; 2019 EDITION OF THE
CALIFORNIA BUILDING CODE; 2019 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE; 2019 CALIFORNIA
ELECTRICAL CODE; 2019 CALIFORNIA MECHANICAL
CODE; 2019 CALIFORNIA PLUMBING CODE; 2018
INTERNATIONAL SWIMMING POOL AND SPA CODE WITH
LOCAL AMENDMENTS AND AMENDING CHAPTER 15.10
(EXCAVATION AND GRADING)
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") approved the new model
codes related to design and construction for the protection of life and property. The BSC
advised local jurisdictions that the State of California ("State") will adopt the 2019 Edition
of the California Building Standards Code ("CBC");
WHEREAS, the 2019 CBC is based on the 2018 International Building Code. The
CBC, published by the BSC in Title 24 of the California Code of Regulations Part 1, Part
2 Volume I & II, Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, and Part 11, must
be in effect on January 1, 2020. In order to include the City of Newport Beach's ("City")
local amendments and enhance life safety and property protection, the City must
complete its adoption process thirty (30) days prior to January 1, 2020. The adoption of
the CBC into the Newport Beach Municipal Code ("NBMC") provides for an orderly
administration of building codes by City's Building and Fire officials;
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Ordinance No. 2019 -
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WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate
differences caused by local topographical, geographical, and climatic conditions. In
accordance with California Health and Safety Code Section 17958.7, any modifications
made via local ordinance must be filed, along with the findings thereto, with the BSC.
These local changes will be incorporated into Title 15 (Building and Construction) ("Title
15") of the NBMC;
WHEREAS, to aid in efficiency and clarify, amendments to portions of the CBC to
be incorporated into Title 15 are proposed to account for local topographical, geographical
and climatic conditions as supported by findings set forth in Resolution No. 2019-_
When approved, the ordinance and accompanying resolution will be forwarded to the
BSC in compliance with the above -referenced code sections;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute and be
known as the Newport Beach Administrative Code;
WHEREAS, all prior references to the former Newport Beach Administrative Code
shall be construed to apply to the corresponding provisions of the Newport Beach
Administrative Code contained herein;
WHEREAS, the 2019 CBC is similar to the 2016 version and the attached
ordinance contains similar provisions as adopted by the City Council in 2015. Staff has
taken the opportunity to review existing amendments in detail and some modifications are
recommended;
WHEREAS, additionally, the City participates in the Nation Flood Insurance
Program ("NFIP") with Federal Emergency Management Agency ("FEMA") to reduce
flooding from storm events and wave run-up by retention and/or percolation;
WHEREAS, the City is improving water quality of Newport Bay and
Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray,
roof drains, patio and deck drains, and natural watercourses which then convey pollutants
such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons,
brake dust, tire residue and other pollutants into surface waters; and
WHEREAS, the City reviewed the grading and drainage requirements from FEMA
with the prior City Council Policy L-18 to amend and maintain consistency within the
NBMC and continued compliance in the NFIP as reflected in the revisions to Chapter
15.10.
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Ordinance No. 2019 -
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NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Amendment to Section 101.4.3.
15.02.040
Amendment to Section 101.4.4.
15.02.050
Amendment to Section 102.6.
15.02.060
Amendment to Section 102.7.
15.02.070
Amendment to Section 103.1.
15.02.080
Amendment to Section 105.2.
15.02.090
Amendment to Section 105.3.2.
15.02.095
Amendment to Sections 105.3.3, 105.3.4 and 105.3.5
15.02.100
Amendment to Section 105.5.
15.02.110 Amendment to Section 109.4.
15.02.120 Addition of Section 117.
15.02.010 Adoption of the Administrative Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2019 Edition of the California Building Code as
published by the International Code Council.
The various parts of this chapter, including additions, amendments and deletions adopted
in this section, shall constitute and be known as the Newport Beach Administrative Code.
A copy of the 2019 California Building Code printed in code book form shall be kept on
file in the office of the City Clerk.
Section 15.02.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
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Ordinance No. 2019 -
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Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3.
Section 101.4.3 is amended to read as follows.-
Section
ollows:
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.
Section 15.02.040 Amendment to Section 101.4.4.
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the 2018 International
Property Maintenance Code shall be adopted as the Newport Beach Property
Maintenance Code and 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 15.02.050 Amendment to Section 102.6.
Section 102.6 is amended to read as follows:
Section 102.6 Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue without change,
except as otherwise specifically provided in this code, the California Existing
Building Code, the International Property Maintenance Code, California Building
Code, the California Residential Code, or the California Fire Code, or as deemed
necessary by the Chief Building Official.
Section 15.02.060 Added to Section 102.7.
Section 102.7 is added to read as follows:
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Ordinance No. 2019 -
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Section 102.7 Remodel or renovation. If the valuation of a permit for the remodel
or renovation of a building is equal to or exceeds 50 percent of the market value
of such building, then the entire building shall comply with the Code provisions for
new construction.
Exceptions:
1. This provision does not apply for permit valuations less than $220,700,
2. The Chief Building Official is authorized to accept less than the requirements
for new construction if substantial conformance to the requirements is found
and the protection of life and property are maintained.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. The Building Division is
hereby created and the official in charge thereof shall be known as the Chief
Building Official.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows..
9. Private swimming pools, hot tubs spas, or water features containing less
than 18 inches of water depth, unless otherwise required by other
provisions of the code.
Section 15.02.090 Amendment to Section 105.3.2.
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Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days after the
date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the Chief Building Official is authorized to grant one
or more extensions of time for additional periods not exceeding 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
15.02.095 Amendment to Section 105.3.3, 105.3.4 and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not
required, the maximum allowable time to complete construction for any work that
requires a building permit including, but not limited to, any construction,
reconstruction, rehabilitation, renovation, addition(s), modification(s),
improvement(s), or alteration(s), shall be limited to three (3) years, unless an
extension is granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete
construction shall begin on the date of issuance of the first or original building
permit. For building permits issued prior to June 1, 2019, the time limit to complete
construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the
date of construction completion for purposes of Section 15.02.095. Time limits set
forth herein shall not be extended by issuance of a subsequent building permit(s)
for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
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Ordinance No. 2019-
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1. Application for Extension.
a) A property owner, or authorized agent of the property owner, may request an
extension by filing with the City Clerk, in writing and on a form provided by the City
Clerk, an application for extension which sets forth: (i) the address of the project
site; (ii) the name of the applicant and property owner; (iii) when the first or original
building permit was issued; (iv) the length of time extension requested, which shall
not be greater than one hundred and eighty (180) calendar days; (v) how many
previous extensions have been granted, if any; (vi) the basis for the requested
extension, (vii) the new end project date if the application is approved; (viii) a brief
description of the improvements that are the subject of the application; and (ix) any
other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension
shall be submitted no later than forty-five (45) calendar days prior to the expiration
of the building permit.
c) An application for extension shall be accompanied by the filing fee identified in
the City's master fee schedule.
2. Scheduling and Noticing
a) A Hearing Officer, designated by the City Manager, shall hear and decide
whether an initial application for extension, or second application for extension,
shall be granted, conditionally granted, or denied. The City Council shall hear and
decide whether any additional application for extension shall be granted,
conditionally granted, or denied. The applicable hearing body shall be referred to
herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City
Manager shall appoint a Hearing Officer with the requisite qualifications and
experience to consider the application for extension. The Hearing Officer shall not
be a City employee and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be conditioned, either directly
or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for
extension, the City Manager or his/her designee shall notify the applicant of the
name of the Hearing Officer in accordance with Section 1.08.080.
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Ordinance No. 2019-
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If the applicant wishes to challenge the designated Hearing Officer, the applicant
shall have seven (7) calendar days from the date of service of the notice to submit
to the City Manager a request, in writing, to disqualify the Hearing Officer, which
sets forth the basis for disqualification. A Hearing Officer may only be disqualified
for: (i) bias; (ii) prejudice; (iii) a conflict of interest, or (iv) a reason for which a judge
may be disqualified after a showing of good cause under the laws of the State of
California.
The City Manager will review any request for disqualification and make a decision
as to whether a Hearing Officer shall be disqualified. The City Manager's decision
shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager
shall designate a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the hearing of the
application, in accordance with Section 1.08.080, at least ten (10) calendar days
prior to the date of the hearing. All hearings on an application to be heard by the
review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project
site that is the subject of the application, at least ten (10) calendar days in
advance of the hearing. The notice shall contain: the address of the project
site; the length of time extension requested; the new end project date if the
application is approved; the name of the applicant and property owner; a
brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the
application, at least ten (10) calendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by
the City Manager or his/her designee. The applicant shall be responsible
for maintaining the sign(s) in a satisfactory condition and shall remove all
sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
3. Conduct of Hearing
a) A hearing shall be held at the date, time, and place for which notice was given.
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b) The review authority shall only consider evidence and testimony, presented by
the applicant or any other interested person, relevant to whether: (i) special
circumstances warrant an extension of time; (ii) the failure to meet the time limit
was caused by circumstances beyond the property owner's, applicant's or their
contractor's control; and (iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding
property owners. Any documents submitted by City staff shall constitute prima
facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and
eighty (180) calendar day extension, per application for extension, if it finds special
circumstances warrant an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's, applicant's or their
contractor's control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether conditions are necessary to
ensure timely completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer
or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on
a final decision until appropriate findings and/or conditions of approval have been
prepared.
f) The review authority shall issue a written decision, setting forth its findings, and
the decision shall be final and effective on the date the decision is made, unless
otherwise specified by the review authority. The review authority shall provide the
City Clerk with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision to the applicant
within ten (10) calendar days of receipt of the final decision.
4. Judicial Proceeding
Nothing herein shall prohibit the Building Official from issuing a building permit or
extending a building permit if the extension is a term of an enforceable settlement
agreement between the City and the property owner or a term of a court
order/judgment.
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5. Judicial Review
The decision of the review authority shall not be appealable to any City body. A
person shall not seek judicial review related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section
15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall
not relieve any person or entity from complying with any other applicable provision
of federal, state or local law including, but not limited to, construction related laws
adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the date of the last recorded inspection.
Before such work can recommence, a new permit shall be obtained and the
permittee shall pay a new permit fee except for permits for suspended or
abandoned work where inspections were previously recorded the fee shall be one
half the amount required for a new permit for such work, provided no changes have
been made or will be made in the original approved plans and specifications for
such work; and provided further that such suspension or abandonment has not
exceeded one year. Permits shall not be renewed more than once. The building
official is authorized to grant, in writing, one or more extensions of time, for periods
not more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows -
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Ordinance No. 2019 -
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Section 109.4 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to an
investigation fee in addition to the required permit fees. The investigation fee shall
be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required in the City
Council fee resolution. The payment of such investigation fee shall not exempt an
applicant from compliance with all applicable provisions of either this code,
referenced standards, or the technical codes nor from the penalty prescribed by
law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of entire structure.
Section 117.1 Notification. When an entire structure is to be demolished,
notification by certified mail to adjacent owners is required at least 30 days before
demolition commences. Proof of notification is required prior to permit issuance
unless determined otherwise by the Chief Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the
Newport Beach Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.03.010
Adoption of the International Property Maintenance
Code.
15.03.020
Deletion of Chapter 1, Except Sections 101, 102 and
108.1 through 108.1.5.
15.03.030
Amendment to Section 101.1.
15.03.040
Amendment to Section 102.3.
15.03.050 Amendment to Section 303.2.
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Section 15.03.010 Adoption of the International Property Maintenance Code.
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 2018 International Property Maintenance Code, as published by the International
Code Council.
The various parts of the 2018 International Property Maintenance Code, along with the
amendments and deletions adopted in this section, shall constitute and be known as the
Newport Beach Property Maintenance Code. A copy of the 2018 International Property
Maintenance Code shall be kept on file in the office of the City Clerk.
Section 15.03.020 Deletion of Chapter 1, Except Sections 101, 102, and 108.1
through 108.1.5.
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 105, and 108.1 through 108.1.5.
Section 15.03.030 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the applicable adopted codes. Nothing in this code
shall be construed to cancel, modify or set aside any provisions of the Newport
Beach Zoning Code.
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas or water
features containing more than 18 inches of water depth shall comply with section
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305.2 of the Newport Beach Residential Swimming Pool and Spa Code and
Section 3109.2 of the Newport Beach Building Code. No existing pool enclosure
shall be removed, replaced or changed in a manner that reduces its effectiveness
as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal Code
is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Amendment to Section 701A.1.
15.04.040
Amendment to Section 701A.3.
15.04.050
Amendment to Section 701A.3.1.
15.04.060
Amendment to Section 702A.
15.04.070
Amendment to Section 710A.3.3.
15.04.080
Amendment to Section 903.2.
15.04.090
Amendment to Section 903.2.8.
15.04.100
Amendment to Section 1030.1 Exception 6.
15.04.110
Amendment to Table 1505.1.
15.04.120
Amendment to Section 1505.1.3.
15.04.130
Amendment to Section 1612.3.
15.04.140
Amendment to Section 1704.2.1.
15.04.150
Amendment to Section 1905.1.7.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Building Code, Volumes 1 and 2, including
Appendices C and I, and California Code of Regulations Title 24 Parts 8 and 10 and all
national codes and standards referenced therein, based on the 2018 International
Building Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments
and deletions adopted in this section, shall constitute and be known as the Newport Beach
Building Code. A copy of the 2019 California Building Code Volumes 1 and 2, printed in
code book form, shall be kept on file in the office of the City Clerk.
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Section 15.04.020 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Private swimming pools, hot tubs spas, or water features containing
less than 18 inches of water depth; unless otherwise required by
other provisions of the code.
Section 15.04.030 Amendment to Section 701A.1.
Section 701 A.1 is amended to read as follows:
Section 701A.1 SECTION 701A SCOPE, PURPOSE AND APPLICATION.
Section 701A.1 Scope. This chapter applies to building materials, systems and/or
assemblies used in the exterior design and construction of buildings including one -
and two-family dwellings located within a Fire Hazard Severity Zone or Wildland-
Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701 A.3.
Section 701A.3 is amended by deleting Exception #4 in its entirety.
Section 15.04.050 Amendment to Section 701A.3.1.
Section 701A.3.1 is amended by deleting Exception #2 in its entirety.
Section 15.04.060 Amendment to Section 702A.
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Section 702A is amended to include the definition of "Unenclosed Covered
Structure" to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or open roof and no more than one enclosed side.
Section 15.04.070 Amendment to Section 710A.3.3.
Section 710A.3.3 is amended to read as follows:
Section 710A.3.3 Detached miscellaneous structure requirements. Detached
miscellaneous structures that are installed at a distance of more than 3 feet but
less than 50 feet from an applicable building shall be constructed of
noncombustible materials or of ignition -resistant materials as described in Section
704A.2.
Section 15.04.080 Amendment to Section 903.2.
The first and second sentences of Section 903.2 titled "Where required" and "Exception:"
are amended to read as follows, with all other subsections remaining unchanged unless
otherwise modified by this ordinance:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations:
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be
installed in all occupancies when the total building area exceeds 5,000
square feet (465 mz), unless more restrictive requirements are required by
other provisions of the Code.
Exceptions:
1. Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
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2. Spaces or areas in telecommunications buildings used
exclusively for telecommunications equipment, associated
electrical power distribution equipment, batteries and standby
engines, provided that those spaces or areas are equipped
throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the
remainder of the building by not less than one hour fire barriers
constructed in accordance with Section 707 or not less than 2
hours horizontal assemblies constructed in accordance with
Section 711, or both.
2_ Existing buildings: Notwithstanding any applicable provisions of this code,
an automatic sprinkler system shall be provided in an existing building when
any of the following conditions exists:
a) When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m2),
b) When an additional story is added above the second floor regardless
of fire areas or allowable area.
c) When an addition is added and the existing building is already
provided with an automatic fire sprinkler system.
d) More restrictive requirements are required by other provisions of the
Code.
e) Where a tenant space in an existing building requires to sprinklers due
to the nature of occupancy use, the entire building shall require
sprinklers unless other provisions of the code(s) are applied to create
distinct separated buildings, subject to the Fire Code Official and Chief
Building official approval.
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
Section 903.2.8 is amended to read as follows:
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 -
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1. New buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. When the total area of addition and reconstruction exceeds 2,000 sq.ft. and
exceeds 50% of the area of the existing structure.
b. An addition when the existing building is already provided with automatic
fire sprinkler system.
c. As determined for new construction per Section 102.7.
The Chief Building Official may approve alternative methods and materials
when an equivalent or greater level of fire protection is achieved subject to
approval of the Fire Code Official.
Section 15.04.100 Amendment to Section 1030.1 Exception 6.
Exception 6 in Section 1030.1 is amended to read as follows:
6. Within individual dwelling and sleeping units in Group R-2 where the
building is equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1, sleeping rooms in
basements shall not be required to have emergency escape and rescue
openings provided that the basement has one of the following:
6.1. One means of egress and one emergency escape and rescue
opening.
6.2. Two means of egress.
6.3. In Group R-2.2 occupancies a certified fire escape is acceptable as
a secondary means of egress for existing buildings for this section of the
code.
Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
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TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION'
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
'See chapter 7A for roof covering requirements.
Section 15.04.120 Amendment to Section 1505.1.3.
Section 1505.1.3 is amended to read as follows:
Section 1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the addition, alteration, repair or
replacement of the roof exceeds 50 percent of the existing roof area; shall be a
fire -retardant roof covering or assembly that is at least Class B.
Section 15.04.130 Amendment to Section 1612.3.
The first paragraph of Section 1612.3 is amended to read as follows:
Section 1612.3 Establishment of the flood hazard areas. To establish flood
hazard areas, the applicable governing authority shall adopt a flood hazard map
and supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management Agency
in an engineering report entitled "The Flood Insurance Study for Newport Beach,"
dated March 21, 2019, as amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and
related supporting data along with any revisions thereto. The adopted flood hazard
map and supporting data are hereby adopted by reference and declared to be part
of this section.
Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
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Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of Newport
Beach or his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her employment
as prescribed in the applicable code. The special inspector shall report to the Chief
Building Official in writing, noting all code violations and any variations from the
approved plans and other information as required on forms prescribed or approved
by the City of Newport Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City of Newport
Beach, shall pay a registration fee as set forth in the City Council Fee Resolution,
payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A
renewal fee as set forth in the City Council Fee Resolution for each classification
shall be charged on July 1St of each year thereafter at which time the special
inspector may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they are approved by the Chief Building Official and
qualify as special inspectors.
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Section 15.04.150 Amendment to Section 1905.1.7.
Section 1905.1.7 is amended by deleting Exceptions 1 through 3 of Section 14.1.4.1(c)
in its entirety.
Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.05
RESIDENTIAL CODE
15.05.010 Adoption of the California Residential Code.
15.05.020 Amendment to Section R101.1.
15.05.030 Amendment to Section R101.2.
15.05.040 Deletion of Sections R102 through R114.
15.05.050 Addition of Section R115.
15.05.060 Deletion of Section R301.1.1.1.
15.05.070 Amendment to Section R301.1.3.
15.05.080 Amendment to Table R301.2(1).
15.05.090 Amendment to Table R301.2(1) Footnote g.
15.05.100 Amendment to Section R301.2.4.
15.05.110 Amendment to Section R309.3.
15.05.120 Amendment to Section R310.1.
15.05.130 Amendment to Section R310.2.3.1.
15.05.140 Deletion of Section R310.2.4.
15.05.150 Amendment to Section R310.3.2.1.
15.05.160 Amendment to Section R311.7.11.
15.05.170 Amendment to Section R311.7.12.
15.05.180 Deletion of Section R313.
15.05.190 Amendment to Section R319.1.
15.05.200 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
15.05.210 Amendment to Section R326.
15.05.220 Deletion of Section R337.
15.05.230 Addition to Section R341.
15.05.240 Deletion to Section R401.4.
15.05.250 Deletion to Section R404.
15.05.260 Amendment to Section R405.1.
15.05.270 Addition of Section R409.
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15.05.280 Deletion of Section R602.12.
15.05.290 Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Residential Code including Appendix H, and all
national codes and standards referenced therein, based on the 2018 International
Residential Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport Beach
Residential Code. A copy of the 2019 California Residential Code, printed in code book
form, shall be kept on file in the office of the City Clerk.
Section 15.05.020 Amendment to Section R101.1.
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code
for One- and Two-family Dwellings of Newport Beach, and shall be cited as such
and will be referenced to herein as "this code."
Section 15.05.030 Amendment to Section R101.2.
Sections R101.2 is amended to read as follows:
Section R101.2 Scope. The provisions of this code shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment, use and
occupancy, location, removal and demolition of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in height
with a separate means of egress and their accessory structures not more than
three stories above grade plane.
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Exceptions:
1. Live/work units located in townhouses and complying with the requirements of
Section 419 of the California Building Code shall be permitted to be constructed in
accordance with the California Residential Code for One- and Two -Family
Dwellings. Fire suppression required by Section 419.5 of the California Building
Code where constructed under the California Residential Code for One- and Two -
Family Dwellings shall conform to Section 903.3.1.3 of the California Building
Code.
2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted
to be constructed in accordance with the California Residential Code for One- and
Two-family Dwellings when equipped with a fire sprinkler system in accordance
with Section 903.3.1.3 of the California Building Code.
Section 15.05.040 Deletion of Sections R102 through R114.
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 Administrative Code.
Section 15.05.050 Addition of Section R115.
Section R115 is added to read as follows:
Section R115 — Existing Buildings.
For existing One- and Two-family dwellings, the Existing Building Code as adopted
under section 15.14 of the Newport Beach Municipal Code shall be the applicable
code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered design. Where a building of otherwise
conventional construction contains structural elements exceeding the limits of
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Section R301 or otherwise not conforming to this code, these elements shall be
designed in accordance with accepted engineering practices. The extent of such
design need only demonstrate compliance of nonconventional elements with other
applicable provisions and shall be compatible with the performance of the
conventional framed system. Engineered design in accordance with the California
Building Code is permitted for buildings and structures and parts thereof, included
in the scope of this code.
R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for woodframe construction found in this
code, the Chief Building Official shall require the construction documents to
be approved and stamped by a California licensed architect or engineer for
that irregular or nonconforming portion of work. Notwithstanding other
sections of law, the law establishing these provisions is found in Business
and professions Code Section 5537 and 6737.1.
R301.1.3.2 Woodframe structures greater than two -stories. The Chief
Building Official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of a
woodframe construction more than two stories in height or having a
basement. Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.3 Structures other than woodframe. The Chief Building Official
shall require floor, wall or roof -ceiling structural elements in dwellings
designed of cold formed steel, concrete, masonry prescribed by this code
to be approved and stamped by a California licensed architect or engineer.
Notwithstanding other sections of law, the law establishing these provisions
is found in Business and professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1).
Table R301.2(1) is amended by completing the table to read as follows -
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TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
WIND DESIGN
SEISMIC
SUBJECT
TO DAMAGE FROM
WINTER
ICE BARRIER
AIR
ASEAN
SNOW
DESIGN
DESIGN
UNDERLAYMENT
FLOOD
FREEZING
ANNUAL
Spied"Topographic Special vend Wintlbarne
Prost line
LOAD'
(mphl
cNects' regmn'
debris zone-
CATEGORY
Weathering
deptho Termite
TEMP'
REQUIRED"
HAZARDS°
INDEX'
TEMP'
Zero
%,
No No
No
%D„ D,, or E
N.,4.ble
NA V.ry He.vy
.]
No
9n rooerol. 9
D
60.7'
MANUAL J DESIGN CRITERIA"
Elevation
Leffitude
Winter
Summer
Afbtude Indoor design
Design
Heating temperature
heating
Coaling
correction factor temperature
temperature cooling difference
10 feet
34' N
61'
76'
1.0
70'
75'
30'
Cooling
Wind
Wind velocity Coincident
Daily
Winter
Summer
temperature difference
velocity healing
cooling
wet bulb
range
humidity
humidity
15'
—
--
67
11
10
so
Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) Footnote g. is amended to read as follows -
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) dated March 21, 2019; Flood Insurance Study
(FIS Profile) effective date of revision- March 21, 2019; Community number:
060227; Map- 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382,
384, 401, 402, 403, 404, 406 and 408; Suffix "K"; Initial NFIP map date- March 15,
1974; and Initial FIRM date: September 1, 1978,
Section 15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures constructed
in whole or in part in flood hazard areas (including A or V Zones) as established in
Table R301.2(1), and substantial improvement and repair of substantial damage
of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with the City of Newport Beach Municipal Code Chapter
15.50, FLOODPLAIN MANAGEMENT and Section R322. Buildings and structures
that are located in more than one flood hazard area shall comply with the
provisions associated with the most restrictive flood hazard area. Buildings and
structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24.
R301.2.4.1 Alternate provisions. As an alternate to the requirements in
Section R322 and the City of Newport Beach Municipal Code Chapter
15.50, Floodplain Management, ASCE 24 is permitted subject to the
limitations of this code and the limitations therein.
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Section 15.05.110 Amendment to Section R309.3.
Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2(1), garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with Section R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at
or above grade on not less than one side, are used solely for parking,
building access or storage, meet the requirements of Section R322 and
the City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management and are otherwise constructed in accordance with this
code.
Section 15.05.120 Amendment of Section R310.1.
Exception 2 of Section R310.1 is deleted in its entirety.
Section 15.05.130 Amendment to Section R310.2.3.1.
Section R310.2.3.1 is amended to read as follows:
Section R310.2.3.1 Ladder and stairway. Window wells with a vertical
depth greater than 44 inches (1118 mm) shall be equipped with a
permanently affixed ladder or stairway usable with the window in the fully
open position. Ladders required by this section shall comply with Section
304.3.1.2 of the California Mechanical Code. Stairway shall comply with
Section R311.7.
Section 15.05.140 Deletion of Section R310.2.4.
Section R310.2.4 is deleted in its entirety.
Section 15.05.150 Amendment to Section R310.3.2.1.
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Section R310.3.2.1 is amended to read as follows:
Section R310.3.2.1 Ladder and stairway. Area wells with a vertical depth
greater than 44 inches (1118 mm) shall be equipped with a permanently affixed
ladder or stairway usable with the door in the fully open position. Ladders
required by this section shall comply with Section 304.3.1.2 of the California
Mechanical Code. Stairways shall comply with Section R311.7.
Section 15.05.160 Amendment to Section R311.7.11.
Section R311.7.11 is amended to read as follows:
Section R311.7.11 Alternating tread devices. Alternating tread devices shall
not be used as an element of a means of egress, or path of travel through or to
habitable space.
Section 15.05.170 Amendment to Section R311.7.12.
Section R311.7.12 is amended to read as follows:
Section R311.7.12 Ships ladders. Ships ladders shall not be used as an
element of a means of egress, or a path of travel through or to habitable space.
Section 15.05.180 Deletion of Section R313.
Section R313 is deleted in its entirety and replaced with California Building Code
Section 903.2.8 as amended in Section 15.04.080.
Section 15.05.190 Amendment to Section R319.1.
Section R319.1 is amended to read as follows:
Section R319.1 Address identification. Buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property, and
alley if adjacent to the property. Address identification characters shall contract
with their background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall not be spelled out. Each character shall be not less than 4
inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).
Where required by the fire code official, address identification shall be provided in
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additional approved locations to facilitate emergency response. Where access is
by means of a private road and the building address cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the
structure. Address identification shall be maintained.
Section 15.05.200 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is deleted in its entirety and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management.
Section 15.05.210 Amendment to Section R326.
Section R326 is added to read as follows:
SECTION R326 — SWIMMING POOLS, SPAS AND HOT TUBS
R326.1 General. The construction, alteration, movement, renovation,
replacement, repair and maintenance of residential swimming pools and spas shall
comply with City of Newport Beach Municipal Code Chapter 15.09, Residential
Swimming Pool and Spa Code and Section 3109.2 of the 2019 California Building
Code.
Section 15.05.220 Deletion of Section R337.
Section R337 is deleted in its entirety and replaced with California Building Code Chapter
7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in
Sections 15.04.020 through 15.04.070.
Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling units
including those separating adjacent townhouse units shall provide air -borne sound
insulation for walls and both air -borne and impact sound insulation for floor -ceiling
assemblies per Section 1206 of the 2019 California Building Code, Title 24, Part
2.
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Section 15.05.240 Deletion of Section R401.4.
Section R401.4 is deleted in its entirety and replaced by California Building Code Section
1803 Geotechnical Investigations.
Section 15.05.250 Deletion of Section R404.
Section R404 is deleted in its entirety.
Section 15.05.260 Amendment to Section R405.1.
The Exceptions to Section R405.1 are amended to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls extending
below high tide of the Newport Bay water elevation.
Section 15.05.270 Addition of Section R409.
Section R409, titled "Deep Foundations, Prestressed Rock and Soil Anchors, Earth
Retaining Shoring and Vibro Stone Columns for Ground Improvement," is added and
shall incorporate Sections 1810, 1811, 1812, and 1813 of the California Building Code
into this section of this code.
Section 15.05.280 Deletion of Section R602.12.
Section R602.12 is deleted in its entirety.
Section 15.05.290 Deletion of Section R902 Roof classification.
Section R902 is amended in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Section 15.04.110.
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Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electric Code.
15.06.020 Amendment to Article 342.10.
15.06.030 Amendment to Article 344.10.
15.06.040 Amendment to Article 358.10(A).
15.06.050 Amendment to Article 358.10(B).
Section 15.06.010 Adoption of the California Electric Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Electrical Code based on the 2017 National
Electrical Code, as published by the National Fire Protection Association.
The various parts of this code shall constitute and be known as the Newport Beach
Electrical Code. A copy of the 2019 California Electrical Code, printed in code book form,
shall be kept on file in the office of the City Clerk. All administrative provisions including
enforcement, permit process, fees, and inspections for these chapters are contained in
Chapter 15.02 Administrative Code.
Section 15.06.020 Amendment to Article 342.10.
Article 342.10(A) and (B) are amended to read as follows:
(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
(B) Corrosion Environments. IMC, elbows, couplings, and fittings shall be
permitted to be installed in concrete, or in areas subject to severe corrosive
influences where protected by corrosion protection approved for the condition.
Section 15.06.030 Amendment to Article 344.10.
Article 344.10(A) and (B) are amended to read as follows:
Ordinance No. 2019 -
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(A) Atmospheric Conditions and Occupancies.
(1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless
steel RMC shall be permitted under all atmospheric conditions and occupancies.
Except in direct contact with earth.
(2) Red Brass RMC. Red brass RMC shall be permitted to be installed for
swimming pool applications.
(3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where
approved for the environment. Rigid aluminum conduit encased in concrete shall
be provided with approved supplementary corrosion protection.
(4) Ferrous Raceways and Fittings. Ferrous raceways and fittings protected
from corrosion solely by enamel shall be permitted only indoors and in occupancies
no subject to severe corrosive influences.
(B) Corrosive Environments.
(1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows,
Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC
elbows, couplings, and fittings shall be permitted to be installed in concrete, or in
areas subject to severe corrosive influences where protected by corrosion
protection and approved for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete.
(3) Cinder Fill. Galvanized steel, stainless steel, and red brass RMC shall be
permitted to be installed in or under cinder fill where subject to permanent moisture
where protected on all sides by a layer of noncinder concrete not less than 50 mm
(2 in.) thick; where the conduit is not less than 450 mm (18 in.) under the fill; or
where protected by corrosion protection approved for the condition.
(4) Wet Locations. All supports, bolts, straps, screws, and so forth, shall be
of corrosion -resistant materials or protected against corrosion by corrosion -
resistant materials.
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Section 15.06.040 Amendment to Article 358.10(A).
Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. The use of EMT shall be permitted for
concealed work only.
Section 15.06.050 Amendment to Article 358.10(6).
Articles 358.10(B)(1) and (13)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and Fittings.
Galvanized steel, stainless steel, and red brass EMT elbows, couplings, and
fittings shall be permitted to be installed in concrete, or in areas subject to severe
corrosive influences where protected by corrosion protection and approved for the
condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum EMT shall be
provided with approved supplementary corrosion protection where encased in
concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code.
15.07.020 Addition of Section 103.5.
15.07.030 Amendment of Section 107.1.
Section 15.07.010 Adoption of California Mechanical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Mechanical Code, based on the -2018 Uniform
Mechanical Code, by the International Association of Plumbing and Mechanical Officials.
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The various parts of this code shall constitute and be known as the Newport Beach
Mechanical Code. A copy of the 2019 California Mechanical Code printed in code book
form shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 Administrative Code.
Section 15.07.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements_ The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
Section 15.07.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of a Chief Building Official decision shall be
governed by Chapter 15.80 of the Newport Beach Municipal Code, or any
successor chapter.
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code
is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.08
PLUMBING CODE
15.08.010
Adoption of California Plumbing Code.
15.08.020
Addition of Section 103.5.
15.08.030
Amendment of Section 107.1.
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Section 15.08.010 Adoption of California Plumbing Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Plumbing Code, including Appendix A and C,
based on the 2018 Uniform Plumbing Code as published by the International Association
of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the Newport Beach
Plumbing Code. A copy of the 2019 California Plumbing Code, printed in code book form,
shall be kept on file in the office of the City Clerk. All administrative provisions including
enforcement, permit process, fees, and inspections for these chapters are contained in
Chapter 15.02 (Administrative Code).
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of a Chief Building Official decision shall be
governed by Chapter 15.80 of the Newport Beach Municipal Code, or any
successor chapter.
Section 8: Chapter 15.09 currently titled "Reserved" of the Newport Beach
Municipal Code is renamed "Residential Swimming Pool and Spa Code" and amended
to read as follows:
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Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010
Adoption of the International Swimming Pool and Spa
Code.
Amendment to Section 303.1.
15.09.020
Amendment to Section 101.1.
15.09.030
Amendment to Section 101.2.
15.09.040
Deletion of Sections 102 through 108.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment to Section 202.
15.09.070
Amendment to Section 301.1.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.1 through 303.3.
15.09.140
Amendment to Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1(1).
15.09.180 Deletion of Section 305.2.4.
15.09.190 Amendment to Section 305.3.3.
15.09.200
Amendment to Section 305.4.
15.09.210
Amendment to Section 305.4(1).
15.09.220
Amendment to Sections 305.5(1) and (2).
15.09.230
Amendment to Section 306.1.
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
15.09.280
Amendment to Section 307.1.3.
15.09.290
Amendment to Section 307.1.4.
15.09.300
Amendment to Section 307.2.2.
15.09.310
Amendment to Section 316.4.
15.09.320
Amendment to Section 316.6.1.
15.09.330
Amendment to Section 318.2.
15.09.340
Amendment to Section 320.1.
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15.09.350 Deletion of Sections 320.2 and 320.3.
15.09.360 Amendment to Section 321.4.
15.09.370 Deletion of Chapter 4.
15.09.380
Deletion of Chapter 5.
15.09.390
Deletion of Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Addition of Section 903.
15.09.450
Addition of Section 904.
15.09.460
Addition of Section 905.
15.09.470
Addition of Section 906.
15.09.480
Addition of Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2018 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport
Beach Residential Swimming Pool and Spa Code. A copy of the 2018 International
Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the
office of the City Clerk.
Section 15.09.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential
Swimming Pool and Spa Code of Newport Beach, and shall be cited as such and
will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows -
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Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, renovation, replacement, repair and
maintenance of residential pools and spas. The pools and spas covered by this
code are either permanent or temporary, and shall be only those that are
designed and manufactured to be connected to a circulation system and that are
intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 108.
Sections 102 through 108 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 (Administrative Code).
Section 15.09.050 Amendment to Section 201.3.
Section 201.3 is amended to read as follows:
Section 201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the California Building Code, California Energy
Code, California Fire Code, California Mechanical Code, California Plumbing
Code or California Residential Code, such terms shall have the meanings
ascribed to them as in those codes.
Section 15.09.060 Amendment to Section 202.
The definitions of RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL in
Section 202 are amended to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed
pool, permanent or portable, that is intended for noncommercial use as a
swimming pool by not more than three owner families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). Any constructed pool, permanent
or portable, that is intended for use as a swimming pool by the public or four or
more owner families, units, or association members and their guest.
Section 15.09.070 Amendment to Section 301.1.
Section 301.1 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the general
design and construction of residential pools and spas and related piping,
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equipment, and materials. Provisions that are unique to a specific type of
residential pool or spa are located in Chapters 7 through 10.
301.1.1 Application of Chapters 7 through 10. Where differences occur
between provisions of this chapter and provisions of Chapters 7 through 10, the
provisions of Chapters 7 through 10 shall apply.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with the
California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water service and drainage. Piping and fittings used for water
service, makeup and drainage piping for pools and spas shall comply with the
California Plumbing Code. Fittings shall be approved for installation with the
piping installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5, Backflow protection. Water supplies for pools and spas shall be
protected against backflow in accordance with the California Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater discharge. Where wastewater from pools or spas,
such as backwash water from filters discharge to a building drainage system, the
connection shall be through an air gap in accordance with the California
Plumbing Code.
Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
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Section 303.1 Energy consumption of pools and permanent spas. The
energy consumption of pools and permanent spas shall comply with the
California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Sections 303.1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Amendment to Section 304.2.
Section 304.2 is amended to read as follows:
Section 304.2 Floodplain Construction. Pools and spas constructed in special
flood hazard areas shall comply with the City of Newport Beach Municipal Code
Chapter 15.50, Floodplain Management.
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows.-
Section
ollows:
Section 305.1 General. The provisions of this section shall apply to the design
of barriers for restricting the public from entry into areas having pools and spas.
Section 15.09.160 Amendment to Section 305.2.
Section 305.2 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 305.2 Swimming pools and spas. Swimming pools and spas shall be
surrounded by a permanent barrier that complies with Sections 305.2.1 through
305.7.
Section 15.09.170 Amendment to Section 305.2.1(1).
Section 305.2.1 (1) is amended to read as follows:
1. The top of the barrier shall be not less than sixty (60) inches above grade where
measured on the side of the barrier that faces away from the pool or spa. Such
height shall exist around the entire perimeter of the barrier and for a distance of
three (3) feet measured horizontally from the outside of the required barrier.
Section 15.09.180 Deletion of Section 305.2.4.
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Section 305.2.4 is deleted in its entirety.
Section 15.09.190 Amendment to Section 305.3.3.
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latches. Where the release mechanism of the self -latching
device is located less than sixty (60) inches from grade, the release mechanism
shall be located on the pool or spa side of the gate not less than three (3) inches
below the top of the gate, and the gate and barrier shall not have openings
greater than one-half (1/2) inch within eighteen (18) inches of the release
mechanism.
Section 15.09.200 Amendment to Section 305.4.
Section 305.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 305.4 Structure wall as a barrier. For common pools or spas serving
two and three unit families, doors, openable windows, gates of living units or
associated private premises shall not be permitted as part of the pool barrier.
For pools or spa serving single family, where a wall of the dwelling or structure
serves as part of the barrier and where doors provide direct access to the pool or
spa through that wall, one of the following shall be required:
Section 15.09.210 Amendment to Section 305.4(1).
Section 305.4(1) is amended to read as follows:
1. Doors shall have an alarm that produces an audible warning when the window,
door or their screens are opened. The alarm shall be listed and labeled as a
water hazard entrance alarm in accordance with UL 2017. In dwellings or
structures not required to be Accessible units, the operable parts of the alarm
deactivation switches shall be located 54 inches or more above the finished floor.
In dwellings or structures required to be Accessible units, the operable parts of
the alarm deactivation switches shall be located not greater than 54 inches and
not less than 48 inches above the finished floor.
Section 15.09.220 Amendment to Sections 305.5(1) and (2).
Sections 305.5(1) and (2) are amended to read as follows:
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1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 60 inches above grade for the entire perimeter
of the pool, the wall complies with the requirements of Section 305.2 and the pool
manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not
less than 60 inches above grade for the entire perimeter of the pool, and the wall
and the barrier on top of the wall comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around
pools and spas shall be in accordance with the California Residential Code or the
California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck steps handrail required. Pool and spa deck steps having
three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
F-'rk'E
Exposed a -'21c -a14
--- - - -- —
Textured. hand-lini,hcd concrete
Ti.ncrrinc brick sct pacei>. public pools or sl'as s
Tnnettinc brick-,ct pacers. residcnual pools or spa' s
Rood
Rood piasnc compo,ite
For SI 1 utch = '` 4 aun. 1 toot = '04 S uim
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows -
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Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the
entire deck and shall be installed in accordance with the California Plumbing
Code.
Section 15.09.270 Amendment to Section 307.1.1.
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in hazardous locations. Hazardous locations for
glazing shall be as defined in the California Building Code or the California
Residential Code, as applicable. Where glazing is determined to be in a
hazardous location, the requirements for the glazing shall be in accordance with
those codes, as applicable.
Section 15.09.280 Amendment to Section 307.1.3.
Section 307.1.3 is amended to read as follows:
Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas
shall be in accordance with the California Building Code or California Residential
Code, as applicable, and shall be constructed so as to prevent water runoff into
the pool or spa.
Section 15.09.290 Amendment to Section 307.1.4.
Section 307.1.4 is amended to read as follows:
Section 307.1.4 Accessibility. An accessible route to pools and spas of new
common use areas serving covered multi -family dwellings shall be provided in
accordance with the Chapter 11A of California Building Code. Accessibility within
pools and spas shall be provided as required by Chapter 11A of California
Building Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and structural design. Pools and spas shall conform
to one or more of the standards indicated in Table 307.2.2. The structural design
of pools and spas shall be in accordance with the California Building Code.
Section 15.09.310 Amendment to Section 316.4.
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Section 316.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 316.4 Installation. Heaters shall be installed in accordance with the
manufacturer's specifications and the California Plumbing Code, California
Mechanical Code, California Energy Code, California Electrical Code, as
applicable. Solar thermal water heaters shall be installed in accordance with
Section 316.6.
Section 15.09.320 Amendment to Section 316.6.1.
Section 316.6.1 is amended to read as follows:
Section 316.6.1 Installation. Solar thermal water heaters shall be installed in
accordance with the California Mechanical Code.
Section 15.09.330 Amendment to Section 318.2.
Section 318.2 is amended to read as follows:
Section 318.2 Protection of potable water supply. Potable water supply
systems shall be designed, installed and maintained so as to prevent
contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross -connections or other piping connections to
the system. Means of protection against backflow in the potable water supply
shall be provided through an air gap complying with ASME All 12.1.2 or by a
backflow prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 320.1.
Section 320.1 is amended to read as follows.-
Section
ollows:
Section 320.1 Backwash water or draining water. Waste Water from any
filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus
shall discharge into an approved type receptor and subsequently into a public
sewer. The flood level rim of such receptor shall be at least six (6) inches above
the Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as
printed by the Federal Emergency Management Agency's Flood Insurance Rate
Map (FIRM). Direct connections shall not be made between the end of the
backwash line and the disposal system. Drains shall discharge through an air
gap.
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Section 15.09.350 Deletion of Sections 320.2 and 320.3.
Sections 320.2 and 320.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 321.4.
Section 321.4 is amended to read as follows:
Section 321.4 Residential pool and deck illumination. Where lighting is
installed for, and in, residential pools and permanent residential spas, such
lighting shall be installed in accordance with California Electrical Code.
Section 15.09.370 Deletion of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows.-
Section
ollows:
Section 703.1 General. Decks provided by the pool manufacturer shall be
installed in accordance with the manufacturer's instructions. Decks fabricated on-
site shall be in accordance with the California Residential Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
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Section 802.1 Materials of components and accessories. The materials of
components and accessories used for permanent inground residential swimming
pools shall be suitable for the environment in which they are installed. The
materials shall be capable of fulfilling the design, installation and the intended
use requirements in the California Residential Code.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural design. The structural design and materials shall be in
accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901.2.
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter,
residential spas and residential exercise spas shall comply with the requirements
of Chapter 3.
Section 15.09.440 Addition of Section 903.
Section 903 is added to read as follows:
Section 903 MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled
for use in spas.
Section 15.09.450 Addition of Section 904.
Section 904 is added to read as follows:
Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be four (4)
feet measured from the design waterline. The water depth for exercise
spas shall not exceed six (6) feet six (6) inches measured from the design
waterline.
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904.2 Multilevel seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be twenty-eight
(28) inches measured from the design waterline to the lowest measurable
point.
904.3 Floor slope. The slope of the floor shall not exceed one (1) unit
vertical in twelve (12) units horizontal (8.3 -percent slope). Where multilevel
floors are provided, the change in depth shall be indicated.
Section 15.09.460 Addition of Section 905.
Section 905 is added to read as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return fittings. Return fittings shall be provided and arranged to
facilitate a uniform circulation of water and maintain a uniform sanitizer
residual throughout the entire spa or exercise spa.
905.2 Suction fittings. Suction fittings shall be in accordance with
Sections 905.2.1 through 905.2.4.
905.2.1 Testing and certification. Suction fittings shall be listed and
labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in
accordance with the manufacturer's specifications. Spas and exercise
spas shall not be used or operated if the suction outlet cover is missing,
damaged, broken or loose.
905.2.3 Outlets per pump. Suction fittings shall be provided in
accordance with Section 310.
905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall
be in accordance with Section 310.
Section 15.09.470 Addition of Section 906.
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
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906.1 General. This section pertains to fuel -fired and electric appliances
used for heating spa or exercise spa water.
906.2 Water temperature controls. Components provided for water
temperature controls shall be suitable for the intended application.
906.2.1 Water temperature regulating controls. Water temperature
regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to
the heating appliance and listed in accordance with the applicable end
use appliance standard.
906.2.2 Water temperature limiting controls. Water temperature
limiting controls shall comply with UL 873 or UL 372. Water temperature
at the heater return outlet shall not exceed 140°F (60°C).
Section 15.09.480 Addition of Section 907.
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water temperature. The temperature of the incoming makeup water
shall not exceed 104°F (400C).
Section 9: The definition of "minor rain event" and "significant storm event" are
hereby added to Section 15.10.050 (Definitions) of the Newport Beach Municipal Code
to read as follows:
"Minor rain event" means less than 3/4 inches of rain in a 24-hour period.
"Significant storm event" means more than 3/4 inches of rain in any 24-hour period.
Section 10: Section 15.10.060 (Grading Permit Requirements) of the Newport
Beach Municipal Code is hereby amended to add subsection (D)(9) as follows:
9. On flat and sloped sites, the top of any exterior foundation shall extend
above the elevation of the street gutter at point of discharge or the inlet of
an approved drainage device not less than twelve (12) inches plus two (2)
percent except for garage and carport space. Alternate elevations are
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permitted subject to the approval of the building official, provided that it
can be demonstrated that required drainage to the point of discharge and
away from the structure is provided at all locations on the site.
Section 11: Subsection (E) of Section 15.10.120 (Drainage and Terracing) is
hereby amended to read as follows:
1. Disposal. All drainage facilities and grading shall be designed to contain
concentrated and surface sheet flow waters from dry -weather run off and minor rain
events within the site, unless the Building Official determines this to be detrimental to
structures due to site conditions. Where the building official makes this determination,
the Building Official may require that water is filtered before discharge into the City
public drainage system. All buried pipe shall be constructed of ABS, PVC, or PE plastic
pipe of SDR 35 or Schedule 40 -tested material. All pipe joints shall be glued. Buried
pipe shall be sized according to the California Plumbing Code, a minimum of four
inches trade size unless approved by the Building Official. If drainage facilities
discharge onto natural ground, riprap or conversion to sheet flow may be required in
order to contain as much of that water as possible within the site.
2. Drainage water from a newly graded or regraded site shall be directed from a
privately owned property directly to the public drainage system. Drainage water from
a newly graded or regraded site shall not drain across a property line onto another
property without a recorded drainage easement on the adjacent property.
3. Reconstruction or grading of an existing residential property that does not require
a Water Quality Management Plan shall require grading/drainage for additions and/or
modifications to existing properties including the construction of patios, decks, roof
drains, downspouts, gutters, or substantial grading remodel. Such grading/drainage
and/or modifications shall be designed to retain and/or direct urban runoff into
planted/permeable areas. Curb drains and subsurface piping shall be permitted for
secondary or overflow of hardscape or planted areas to prevent dwellings from
flooding due to significant storm events only. Curb drains may be used to correct
existing drainage problems on a case-by-case basis after all reasonable alternatives
are explored. Curb drains, when approved, shall have a French drain system of
perforated pipe and gravel unless site-specific circumstances endanger public safety
so as to prohibit its use as determined by the Public Works Director and/ or the project
soils engineer.
4. Drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or greater)
wherever practical. The design shall include -
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a. Hydrological and hydraulic calculations in conformance with the latest
edition of the Orange County Drainage Design Manual;
b. Subsurface piping system utilizing approved piping materials which
incorporate sealed joints;
C. The drainage system shall have a French drain system of perforated pipe
and gravel, or similar device to percolate low flow urban runoff unless site-specific
circumstances endanger public safety or improvements so as to prohibit its use as
determined by the Public Works Director and/ or the project soils engineer does
not allow percolation; and
d. Any permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a
nuisance such as odor or algae growth. The property owner will accept
responsibility to maintain the slope drainage facility and will execute a non-
standard permit agreement with the City. The City reserves the right to revoke this
agreement at any time for non-compliance.
5. Permanent sump pump discharges may be permitted as follows:
a. Permitted sump pump discharge shall be filtered and piped directly to the
City's storm drain system. Connections to the city's storm drain shall be in
accordance with City standards and executed under a valid encroachment permit
from the Public Works Department.
b. The permittee and the City have executed a non-standard permit agreement
which authorizes the City to revoke the permit at any time for non-compliance.
C. Discharges from permanently installed sump pumps of basement garage
spaces (areas with motor vehicle storage) shall not be permitted within the public
right of way.
d. Storage areas and living areas below natural grade as permitted by the
Building Division may discharge sump pump flow into the City's street drainage
system provided that:
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(i) The property owner show evidence of all approved permits as required
by the Regional Water Quality Control Board and other jurisdictional
agencies;
(ii) The discharge flow must not be continuous and be shown to be less
than five (5) gallons per day; and
(iii) The permitted flow shall not create continuous standing water within
City street gutters, pose a hazard to safe motor vehicle or pedestrian use,
or create a nuisance such as odor or algae growth.
6. Construction dewatering as permitted by the Building Division may discharge
pump flow into the City's street drainage system provided that:
a. The property owner show evidence of all approved permits as required by
the Regional Board and other jurisdictional agencies;
b. The permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a
nuisance such as odor or algae growth; and
C. An encroachment permit is executed in accordance with City Council Policy
L-6, including authorization for the City to revoke this permit at any time for non-
compliance.
Section 12: Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Building Standards.
Section 15.11.010 Adoption of the California Green Building Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Green Building Standards Code.
H MW
Ordinance No. 2019 -
Page 51 of 54
The various parts of this code, along with the amendments and deletions adopted in this
section, shall constitute and be known as the Newport Beach Green Building Standards
Code. A copy of the 2019 California Green Building Standards Code shall be kept on file
in the office of the City Clerk.
Section 13: Chapter 15.13 (Historic Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Historical Building Code, California Code of
regulations Title 24, Part 8 and all national codes and standards referenced therein to the
prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Historical Building Code. A copy of the 2019 California Historical Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 14: Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code.
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Section 15.14.010 Adoption of the California Existing Building Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Existing Building Code, California Code of
Regulations Title 24 Part 10, Appendix A, Chapter A-1, A-2 and A-3,_and all national
codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Existing Building Code. A copy of the 2019 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 15: Chapter 15.17 (Energy Code) is added to the Newport Beach
Municipal Code to read as follows:
Sections:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
Section 15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Energy Code, California Code of Regulations
Title 24, Part 6 and all national codes and standards referenced therein to the prescribed
extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2019 California Energy Code, printed in code
book form, shall be kept on file in the office of the City Clerk.
Section 16: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 17: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
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Ordinance No. 2019 -
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Section 18: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
Section 19: Prior provisions of Chapters 15.02, 15.03, 15.04, 15.05, 15.06, 15.07,
15.08, 15.09, 15.11, 15.13, 15.14 and 15.17 adopting the 2016 CBC are hereby repealed
and replaced by this ordinance. Except as expressly modified herein, all other sections,
subsections, terms, clauses and phrases set forth in Title 15 (Building and Construction)
and the Newport Beach Municipal Code shall remain unchanged and in full force and
effect.
Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2020 pursuant to California Health and Safety
Code Sections 17958 and 18941 and Government Code Section 36937(e).
10-71
Ordinance No. 2019 -
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This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 5th day of November, 2019, and adopted on the 19th day of
November, 2019, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
'C �AAROJNC. HARP, CITY ATTORNEY
DIANE B. DIXON, MAYOR
10-72
Attachment C
Resolution - Adopting Findings to the Amendments to the Fire Code
10-73
RESOLUTION NO. 2019-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE 2019
EDITION OF THE CALIFORNIA FIRE CODE AS
REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same or modified
or changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the 2019 Edition of the California
Fire Code based on the 2018 International Fire Code of the International Code Council;
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to
make modifications or changes to the 2019 Edition of the California Fire Code which are
reasonably necessary because of local climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes pursuant to Health and Safety
Code Section 17958.5, make express findings that such changes or modifications are
needed due to local climatic, geographic, or topographic conditions;
WHEREAS, the Fire Code Official has recommended that changes and
modifications be made to the 2019 Edition of the California Fire Code and has advised
that these changes and modifications to the 2019 Edition of the California Fire Code are
reasonably necessary due to local conditions in the City and has further advised that
the remainder of said changes and modifications are administrative or procedural in
nature; and
WHEREAS, a copy of this resolution together with the ordinance adopting the 2019
Edition of the California Fire Code shall be filed with the California Building Standards
Commission and the California Department of Housing and Community Development by
the City Clerk of the City of Newport Beach as required by Health and Safety Code
Section 17958.7.
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NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1: The City Council does hereby approve the following changes and
modifications to the 2019 Edition of the California Fire Code as recommended by the
Fire Code Official as necessary due to local climatic, geographic, or topographic
conditions:
CALIFORNIA FIRE CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
202 (Definitions)
a, b, c, d, e, f, g, h, i
305 (Ignition Sources)
a, b, c, i
307.4.2.1 (Recreational Beach Fires)
a, b, c, i
308.1.1.1 (Fireplace)
a, e, i
308.1.6.3 (Sky Lantern)
a, b, c, i
321 (Geological Surveys)
d, e, f, g, h
503.2.1 (Dimensions)
a, b, c, d, e, f, g, h
503.2.4 (Turning Radius)
a, b, c, d, e, f, g, h
503.2.5 (Dead Ends)
a, b, c, d, e, f, g, h
503.2.7 (Grade)
a, b, c, d, e, f, g, h
503.4.1 (Traffic calming devices)
a, b, c, d, e, f, g, h
503.6 (Vehicle Access Gates)
a, b, c, d, e, f, g, h
505.1.1 (Premises Identification)
a, b, c, d, e, f, g, h
506.3 (Key Box Contents)
a, b, c, d, e, f, g, h, i
510.1 (Radio Coverage)
a, b, c, d, e, f, g, h
510.2 (Deleted)
a, b, c, d, e, f, g, h
510.4.2.2 (Technical Criteria)
a, b, c, d, e, f, g, h, i
510.5.1 (Approval Prior to
Installation)
a, b, c, d, e, f, g, h
510.5.2 (Minimum Qualification of
Personnel)
a, b, c, d, e, f, g, h
510.5.3 (Acceptance Test
Procedure)
a, b, c, d, e, f, g, h
510.6.1 (Testing and Proof of
Compliance)
a, b, c, d, e, f, g, h
511.1 (Building Information)
a, b, c, d, f, h
903.2 (Where Required)
a, b, c, d, e, f, g, h, i
903.2.8 (Group R)
a, b, c, d, e, f, g, h, i
903.3 (Installation Requirements)
a, b, c, d, e, f, g, h, i
907.1.6 (System Design)
a, b, c, d, e, f, g, h, i
10-75
Resolution No. 2019 -
Page 3 of 6
912.1.1 (Installation)
a, b, c, d, e, f, g, h, i
912.2 (Location)
a, b, c, d, e, f, g, h, i
1203.1.1 (Stationary Generators)
d, e, f
3602.1 (Definitions)
f, g
3603.6 (Berthing and Storage)
e, f, g, h
3603.6.1 (Multiple Berthing)
e, f, g, h
3603.6.2 (Permitted Multiple
Berthing)
e, f, g, h
3604.1 (General, Piers, Marinas)
e, f, g, h
3604.2 (Standpipes)
e, f, g, h
4901 (Reduction of Brush)
a, b, c, e, i
4902 (Definitions)
a, b, c, e, i
4903 (Maintenance of Fuel)
a, b, c, e, i
4904 (Construction Requirements)
a, b, c, e, i
4905 (Building Construction
Features)
a, b, c, e, i
4906 (Hazard Reduction Zone/Map)
a, b, c, e, i
4907 (Use of Equipment in Local
Agency)
a, b, c, e, i
4908 (Restricted Entry to VHFHSZ)
a, b, c, e, i
4909 (Open Flame Devices)
a, b, c, e, i
4910 (Open Fires in Local Agency)
a, b, c, e, i
4911 (Recreational Fires in Local
Agency)
a, b, c, e, i
5003.12 (Outdoor Control Areas)
a, b, c, d, e, f, g, h
5004.1.1 (Maximum Quantity On
Site)
a, b, c, d, e, f, g, h
5601.1.2 (Storage of Explosives and
Blasting Agents)
a, b, c, i
5601.1.3 (Fireworks)
a, b, c, i
5601.2.2 (Sale and retail Display)
a, b, c, i
5704.2.11.1 (Underground Storage
Flam.)
a, b, c, i
5706.4 (Bulk Plants or Terminals)
a, b, c, i
B105.2 (Fire -Flow Requirements)
a, b, c, d, e, f, g, h, i
10-76
Resolution No. 2019 -
Page 4 of 6
a. The City is located in an area subject to a climatic condition of high winds. This
environment is conducive to rapidly spreading fires. Control of such fires requires
rapid response. Obstacles generated by a strong wind, such as fallen trees,
streetlights and utility poles, will greatly impact the response time to reach an
incident scene.
b. Many areas of Newport Beach have significant growths of vegetation of a highly
combustible nature. Dry climatic conditions can create the potential for the rapid
spread of fire in both vegetation and structures. The addition of fire protection
systems will supplement the Fire Department response by providing immediate
protection for the building occupants and by containing or controlling the spread of
fire. Fire sprinkler systems also provide an efficient use of water for the control
and containment of fires and lessen the environmental impact of water runoff from
fire suppression activities.
C. The City, especially the foothill areas, is geographically located in an area
periodically subject to hot, dry, wind conditions of high velocity. The topographical
conditions of the foothill areas and canyons contained therein can accelerate the
periodic high velocity winds by means of a venturi effect. Accordingly, pursuant to
California Government Code Section 51179 and by City ordinance, the City has
designated these types of areas as Local Agency Very High Fire Hazard Severity
Zones. These zones identify the type of climate, geography, and topography that
potentially increase the possibility of uncontrolled fire spread through vegetative
fuels threatening life or property.
d. The City is located in a seismically active area. There are earthquake faults
that run along both the northeastern and southwestern boundaries of Orange
County. The Newport -Inglewood Fault Zone (NIFZ), which runs through Orange
County, was the source of the destructive 1933 Long Beach earthquake (6.3
magnitude, hypocenter off Newport Beach coast) that claimed 120 lives and
damaged areas from Laguna Beach to Marina del Rey and inland to Whittier.
The NIFZ poses one of the greatest hazards to lives and property in the nation.
Regional planning for reoccurrence is recommended by the State of California,
Department of Conservation. There was also an earthquake in December 1989,
with the epicenter located near the City of Irvine. The fault on which this quake
occurred was unknown prior to this activity. The City contains hilly areas subject
to landslide and coastal areas subject to liquefaction.
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e. The City is located in a seismically active area. The viability of the public water
system would be questionable at best after a major seismic event. This would
leave structures vulnerable to uncontrolled fires due to a lack of available water
and an inability to pump sufficient quantities of available water. A severe seismic
event has the potential to negatively impact any rescue or fire suppression
activities because it is likely to create obstacles similar to those indicated under
the high wind section above.
f. The City is located in a low to moderate tsunami area. These seismic sea waves
have the ability to flood large sections of the low-lying areas. These flood
conditions also impact the response and activity level of the Fire Department.
g. The City contains low-lying coastal areas subject to flooding from sustained rain
with tide which hinders drainage to the bay. Certain other areas such as Balboa
Island are subject to water surges from drainage through the Back Bay. The
southern boundary of the City is along the Pacific Ocean. Winter storms and
tropical storms come into the City from the ocean. These storms can create high
winds and large ocean waves that can cause flooding in areas of the city.
h. Along part of the western boundary of the City is the Santa Ana River. This river
originates in the San Bernardino Mountains and flows through many communities
until it terminates in the ocean at the Huntington Beach/Newport Beach border.
The river is contained in a man-made channel. Heavy rainfall and urban runoff
has potential to cause flooding in the flood plain due to the river and/or its
tributaries. West Newport Beach is subject to flooding from the Santa Ana River.
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and the
expected infrastructure damage inherent in a seismic hazard zone, it is prudent
to rely on automatic fire sprinkler systems to mitigate extended Fire Department
response time and keep fires manageable with reduced fire flow (water)
requirement for a given structure.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act (°CEQX) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this Stn day of November, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S -OFFICE
Aaron C. Harp
City Attorney
10-79
Attachment D
Draft Ordinance - Adopting the Fire Code
ORDINANCE NO. 2019-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING TITLE 9
(FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE 2019 EDITION OF THE
CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24,
PART 9 OF THE CALIFORNIA CODE OF REGULATIONS,
WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property.
The BSC has advised local jurisdictions that the State of California ("State") will adopt the
2019 Edition of the California Fire Code ("CFC");
WHEREAS, the 2019 CFC is based on the 2018 International Fire Code. The CFC
published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in
effect by January 1, 2020. In order to include local amendments and enhance life safety
and property protection, the City must complete its adoption process thirty (30) days prior
to implementation. The adoption of the 2019 CFC into the Newport Beach Municipal
Code ("NBMC") provides for an orderly administration of the 2019 CFC by the City's
Building and Fire Code officials;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2019 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions. In accordance with California
Health and Safety Code Section 17958.7, any modifications made via local ordinance
must be filed, along with the findings thereto, with the BSC. These local changes will be
incorporated into Title 9 of the Newport Beach Municipal Code;
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Ordinance No. 2019 -
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WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their
entirety as indicated in this ordinance and replaced with each of these modifications to
the State code that are correlated with the findings in Resolution No. 2019-_ adopted by
the City Council of the City of Newport Beach on November 5, 2019. When approved,
the ordinance and accompanying resolution will be forwarded to the BSC and the
California Department of Housing and Community Development in compliance with the
above mentioned code sections;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute to be known
as the Newport Beach Fire Code;
WHEREAS, all prior references to the former Newport Beach Fire Code shall be
construed to apply to the corresponding provisions of the Newport Beach Fire Code
contained herein; and
WHEREAS, the 2019 Edition of the California Fire Code is similar to the 2016
version; the attached ordinance contains similar provisions as adopted by the City Council
in 2016. Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 9.04
FIRE CODE*
9.04.010
Adoption of the 2019 California Fire Code.
9.04.020
Amendment of Section 108.6 Overcrowding.
9.04.030
Amendment of Section 110.4 Violation Penalties.
9.04.040
Amendment of Section 112.4 Failure to Comply.
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendment to Section 305 Ignition Sources.
9.04.070
Amendments to Section 307.4.2 Beach, Camp, and
Recreational Fires.
9.04.080
Amendments to Section 308.1.1 Fireplace.
9.04.090
Amendments to Section 308.1.6.3 Sky Lanterns.
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Ordinance No. 2019 -
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9.04.100
Addition of Section 321 Geological Surveys.
9.04.110
Amendments to Section 503.2.1 Dimensions.
9.04.120
Amendments to Section 503.2.4 Turning Radius.
9.04.130
Amendments to Section 503.2.5 Dead Ends.
9.04.140
Amendments to Section 503.2.7 Grade.
9.04.150
Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160
Amendments to Section 503.6 Security Gates.
9.04.170
Amendments to Section 505. 1.1 Premises Identification.
9.04.180
Amendments to Section 506 Key Box Contents.
9.04.190
Amendments to Section 510.1 Emergency Responder Radio
Coverage in New Buildings.
9.04.200
Deletion of Section 510.2 Emergency Responder Radio
Coverage in Existing Buildings Design.
9.04.210
Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220
Amendments to Section 510.5.1 Approval Prior to
Installation.
9.04.230 Amendments to Section 510.5.2 Minimum Qualifications of
9.04.280
Personnel.
9.04.240
Amendments to Section 510.5.3 Acceptance Test
9.04.300
Procedure.
9.04.250
Amendments to Section 510.6.1 Testing and Proof of
Compliance.
9.04.260
Addition of Section 511 Building Information.
9.04.270
Amendments to Section 903.2 Where Required.
9.04.280
Amendments to Section 903.2.8 Group R.
9.04.290
Amendments to Section 903.3 Installation Requirements.
9.04.300
Amendments to Section 907.1 General.
9.04.310
Amendments and Additions to Section 912.1 Fire
Department Connections.
9.04.320
Amendments to Section 912.2 Location.
9.04.330
Amendment to Section 1203.1.1 Stationary Generators.
9.04.340
Amendments to Section 3602 Definitions.
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9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370
Amendments to Section 3604.2 Standpipes.
9.04.380
Replacement to Chapter 49 Requirements for Wildland-
Urban Interface Fire Areas.
9.04.390
Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400
Amendments to Section 5004.1 Maximum Quantity on Site.
9.04.410
Amendments to Section 5601.1.2 Explosive Material
Terminals.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for
Buildings.
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2019 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as the
"California Fire Code 2019 Edition," and the whole thereof including the matrix adoption
tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N therein, errata
issued during and after publishing date, save and except such portions as are hereinafter
deleted, added or amended which shall collectively be known as the "Newport Beach Fire
Code." A certified copy of the California Fire Code shall be kept on file in the Office of the
City Clerk of the City of Newport Beach and open for public inspection.
Section 9.04.020 Amendment of Section 108.6 Overcrowding.
Section 108.6 Overcrowding is amended by adding Section 108.6.1 to read as follows:
108.6.1 Occupant Count. The supervisor of each place of
assembly shall have an effective system to keep count of the
number of occupants present in the assembly area.
Section 9.040.030 Amendment of Section 110.4 Violation Penalties
Section 110.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
Ordinance No. 2019 -
Page 5 of 32
110.4 Violation penalties. Persons who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall
erect, install, alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty and liable in accordance
with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 112.4 Failure to Comply.
Section 112.4 is amended to read as follows:
Section 112.4 Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine in accordance with the Newport Beach Municipal Code
Title One 1.04.010 "Violation, Penalties and Enforcement."
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the
closed end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-
made, where plant materials and natural fuels have been treated, reduced,
or modified to slow the rate and intensity of an advancing wildfire, and to
create an area for firefighters to suppress fire and protect structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be
secured. A dock may be fixed to the shore or fixed on pilings, or may float
in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific
fuel modification zones within a property are subject to fuel modification.
Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary to
achieve the minimum acceptable level of risk to structures from fires in
combustible vegetation.
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FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel
modification plan that increases the likelihood that a structure will survive a
wildfire, improve the defensible space around the structure for firefighting
activities, and prevents direct flame contact with structures. Vegetation
includes native and ornamental plants, non-native naturalized annual
grasses, and other invasive or naturalized species. Fuel modification
activities can include removal, partial or total replacement of existing plants
with adequately spaced drought -tolerant and fire-resistant species, and
thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the
Fire Chief in which structures directly abut a wildland space on one or more
sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the California
Government Code Section 51179, and by City of Newport Beach ordinance,
which contains the type and condition of vegetation, topography, climate
and structure density which potentially increases the possibility of
uncontrolled fire spread through vegetative fuels threatening life or property.
For the purposes of this code, Local Agency Very High Fire Hazard Severity
Zones shall be considered to be Very High Fire Hazard Severity Zones as
defined in Government Code Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in which
development is essentially nonexistent, except for roads, railroads, power
lines and similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where
improved property intersects with wildland or vegetative fuels.
9.04.060 Amendments to Section 305 Ignition Sources.
Section 305 is amended by adding the following:
305.6 Vegetation. Weeds, grass, vines or other growth that is capable of
being ignited and endangering property, or is located within 10 feet (3.048
m) of a chimney outlet, shall be cut down and removed by the property
owner. Vegetation modification requirements in wildland-urban interface
areas shall be in accordance with Section 4901 et seq. of this code.
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305.7 Clearance of brush or vegetation growth from roadways. The fire
code official is authorized to cause areas within 10 feet (3.048 m) on each
side of portions of highways and private streets which are improved,
designed or ordinarily used for vehicular traffic to be free of flammable
vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used as
ground covers, provided that they do not form a means of readily
transmitting fire.
305.8 Notification and abatement procedures.
305.8.1 Notice. Uncontrolled or high weeds, brush, plant material, fire
hazards, or other items prohibited under this code increase the danger of
fire and thus constitutes a fire hazard. If such condition exists, the fire code
official shall give notice to the owner of record to abate the hazard within
thirty (30) calendar days.
The notice shall state that the property owner is required to abate the fire
hazard and that if the hazard is not abated the City may take further action
which can include, (1) the City, or its contractor, may enter upon the parcel
of land and remove or otherwise eliminate or abate the hazard, (2) that upon
completion of such work the cost thereof, including administrative costs, can
be billed to the property owner or can become a special assessment against
that parcel, and (3) that upon City Council confirmation of the assessment
and recordation of that order, a lien may be attached to the parcel to be
collected on the next regular property tax bill levied against the parcel.
305.8.2 Commencement of abatement proceedings. Whenever the fire
code official determines that a fire hazard exists, and the owner of a
property fails to properly abate hazard in locations adjacent to grass or
brush covered land which are located in hazardous fire areas, the fire code
official is ordered to take appropriate correction actions based upon those
findings.
305.8.3 Service of notice. The fire code official shall notify the property
owner of affected properties as shown on the latest equalized tax
assessment roll by certified mail, of the specific conditions that constitute a
fire hazard and that the City will take action to abate the fire hazard. Notices
shall be mailed not less than fifteen (15) calendar days prior to the date of
the proposed abatement.
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Failure of any property owner, or any party concerned to receive a notice
shall not affect the validity of any proceeding taken, if the procedure for
service of notice has been followed.
305.8.4 Appeal. The property owner may appeal the decision of the fire
code official regarding the fire code official's determination that a fire hazard
exists by sending a written appeal to the fire code official within ten (10)
calendar days of the mailing of the notice. The matter will be heard by the
Building and Fire Board of Appeals as specified in Section 15.80 of the
Newport Beach Municipal Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of
the fire code shall be held before the fire code official or Fire Chief who shall
hear all facts and testimony he/she deems pertinent. The facts and
testimony may include testimony on the condition of the property and
circumstances related to the fire hazard. The owner of the land may appear
in person or present a sworn written statement in time for consideration at
the hearing. The fire code official or Fire Chief may impose such conditions
and take such other action, as he/she deems appropriate to carry out the
purpose of the provisions of this chapter. The decision of the fire code
official or Fire Chief shall be final and shall be sent to the property owner
via certified mail to the owner's address on the latest equalized tax
assessment roll within thirty (30) calendar days.
305.8.6 Private property abatement. If any order of the Fire Chief or the
fire code official is made pursuant to this ordinance and is not complied with
within the period designated, the City may then cause such work to be done
to the extent necessary to eliminate the fire hazard and other substandard
fire conditions that are determined to exist.
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305.8.7 Emergency private property abatement. When in the opinion of
the fire code official a substandard structure or substandard property is an
immediate hazard to life and property, and the fire code official makes
written findings to the effect that abatement of such a fire hazard requires
immediate action, the fire code official may then cause such work to be done
to the extent necessary to eliminate the hazard. At least twenty-four (24)
hours prior the abatement, the fire code official shall attempt to contact the
property owner to inform the property owner of the work to be done and
request their assistance or immediate voluntary removal of the hazard. After
the work is performed, the fire code official shall post a notice and mail to
the property owner information regarding the nature of the work performed.
Any individual aggrieved by the action of the fire code official under this
section, may appeal the determination of the action to the Fire Chief, except
that the appeal shall be filed within ten (10) calendar days from the date of
mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards shall become a special
assessment against the property. In addition to the above costs, an
administrative processing fee established by resolution of the Council of the
City of Newport Beach, shall be assessed against each parcel for City
incurred costs associated with abatement. An additional inspection fee shall
be established by resolution of the Council of the City of Newport Beach for
charges related to inspection services for vegetation hazard identification.
The schedule for such fees shall be maintained on file in the City Clerk's
office.
The fire code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 3877.3.5. The property owner may appeal the
fire code official's assessment by sending a written appeal to the fire code
official within fifteen (15) calendar days of the mailing of the notice. Any
appeal regarding the reasonableness of the assessment of costs shall be
heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid
within thirty (30) calendar days after mailing of such notice or after a
decision has been rendered on any appeal, the property owner shall be
billed. If unpaid, such charges shall be placed as a special assessment on
the tax bill for the property pursuant to the procedures set forth in Section
38773.5 of the Government Code which is incorporated herein by this
reference.
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305.8.9 Other abatement procedures. The provisions of this ordinance
shall not in any manner limit or restrict the City from enforcing City
ordinances or abating public nuisances in any other manner provided by
law.
9.04.070 Amendments to Section 307.4.2 Beach, Camp, and Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, camp, and recreational fires. No person shall make,
set, or maintain any beach or camp/recreational fire at any beach, park, or
other public place within the City except in areas where proper containers
are provided for such fires by the City and where City signs are plainly
posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Fireplace.
Section 308.1.1 is amended by adding Section 308.1.1.1
Section 308.1.1.1 Fireplace. No fireplace that uses flammable or
combustible liquid as a fuel source shall be allowed inside or outside a
structure, except outside for R3 occupancy is allowed.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns.
Section 308.1.6.3 is amended as follows:
308.1.6.3. Sky lanterns. A person shall not use or release any sky lantern
in the City of Newport Beach.
9.04.100 Addition of Section 321 Geological Surveys.
Section 321 is added as follows:
SECTION 321 GEOLOGICAL SURVEYS
321.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
321.2 Geological surveys. The fire code official may require the submittal
for review and approval of geological studies, evaluations, reports, remedial
recommendations and/or similar documentation from a state -licensed and
department approved individual or firm, on any parcel of land to be
developed which -
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1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active,
inactive, or abandoned oil or gas well operation, petroleum or chemical
refining facility, petroleum or chemical storage;
2. May contain or give off toxic, combustible or flammable liquids, gases,
or vapors; or
3. Modifications to existing systems.
9.04.110 Amendment to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows.-
503.2.1
ollows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6.1 m) and shall not be less
than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when
the road passes through approved security gates in accordance with
Section 503.6. Roads shall have an unobstructed vertical clearance of not
less than 13 feet 6 inches (4.1 m).
9.04.120 Amendment to Section 503.2.4 Turning Radius.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The turning radius for fire apparatus access
roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet (12.2
m) outside radius.
Exception: Cul-de-sacs with center obstructions may
require larger turning radius as approved by the fire code
official.
9.04.130 Amendment to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 150
feet (60.96 m) in length shall be provided with an approved cul-de-sac for
turning around fire apparatus without backing up.
9.04.140 Amendment to Section 503.2.7 Grade.
Section 503.2.7 is amended to read as follows.-
503.2.7
ollows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten percent.
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9.04.150 Amendment to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic calming devices. Any traffic calming devices in required
access roadways when approved by the fire code official, shall be in
accordance with the Newport Beach Public Works Department's
Neighborhood Traffic Management Policy.
9.04.160 Amendment to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
Vehicle access gates. Vehicle access gates or barriers installed across
fire apparatus access roads shall be in accordance with the City's
Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire
Lanes, Gates, and Barriers. The minimum width of any gate or opening
necessary or required as a point of access shall be not less than 14 feet
(4.27 m) unobstructed width. This minimum width may be increased
depending on the length of the approach.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall the
numbers be less than six inches (152 mm) in height with a one -inch (25
mm) stroke. Address numbers shall contrast with their background, and
shall be either internally or externally illuminated to be visible at night. All
multi -unit residential and commercial buildings shall have numbers or
addresses place above or immediately adjacent to all doors that allow fire
department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key box contents. When a Key box is required the following types
of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or exterior of the
building.
B. Keys to locked mechanical equipment rooms.
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C. Keys to locked electrical rooms.
D. Keys to elevator controls.
E. Keys to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in
New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new
buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public
safety communication systems of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public
safety communication systems. The emergency responder radio coverage
system shall comply with the requirements of the Orange County Sheriff's
Department, Communications and Technology Division, and where the
functionality of performance requirements in the California Fire Code are
more stringent, this code.
Exceptions:
1. Where it is determined by the fire code official that the radio coverage
system is not needed.
2. In facilities where emergency responder radio coverage is required and
such systems, components, or equipment required could have a negative
impact on the normal operations of that facility, the fire code official shall
have the authority to accept an automatically activated emergency
responder radio coverage system.
This chapter shall not apply to the following:
1. Existing buildings or structures.
2. One and two family dwellings.
3. Elevators.
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4. Structures that are three stories or less without subterranean storage or
parking and that do not exceed 50,000 square feet on any single story.
5. Wood -constructed residential structures four stories or less without
subterranean storage or parking which are not built integral to an above
ground multi -story parking structure.
For structures that are three stories or less in height, that do not exceed
50,000 square feet on any single story, but includes subterranean parking
or storage, this ordinance shall apply only to the subterranean areas.
9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in
Existing Buildings.
Section 510.2 is deleted in its entirety.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
Section 510.4.2.2 is amended to read as follows:
510.4.2.2 Technical criteria. The fire code official shall maintain a
document providing the specific technical information and requirements for
the emergency responder radio coverage system. This document shall
contain, but not be limited to, the various frequencies required, the location
of radio sites, effective radiated power of radio sites, and other supporting
technical information, including:
1. The frequency range supported from the 800MHz Countywide
Communications System shall be 851-824 MHz (base transmitter
frequencies).
2. The frequency range supported from the 800MHz Countywide
Communications System shall be 806-824 MHz (radio field transmit
frequencies).
3. The public safety radio amplification system shall include filters to reject
frequencies below 851 MHz and frequencies above 869 MHz by a minimum
of 35dB.
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4. All system components must be 100 percent compatible with analog and
digital modulations after installation, without adjustments or modifications.
The systems must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range
subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order intermodulation
protection.
6. All active in -building coverage devices shall be FCC Part 90 certified.
9.04.220 Amendment to Section 510.5.1 Approval Prior to Installation.
Section 510.5.1 is amended to read as follows:
510.5.1 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC
shall not be installed without prior plan submittal, coordination, and approval
from the Orange County Sheriff's Department (OCSD) Communications
Division; with a copy provided to the fire and building code official.
9.04.230 Amendments to Section 510.5.2 Minimum Qualifications of
Personnel.
Section 510.5.2 is amended to read as follows:
510.5.2 Minimum qualifications of personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both the following:
1. A valid FCC -issued general radio operators license.
2. Certification of in -building system training issued by a nationally
recognized organization, school or a certificate issued by the manufacturer
of the equipment being installed.
9.04.240 Amendments to Section 510.5.3 Acceptance Test Procedure.
Section 510.5.3 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance -
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510.5.3 Acceptance test procedure. When an emergency responder radio
coverage system is required, and upon completion of installation, the
building owner shall have the radio system tested by a qualified FCC
licensed third party technician to ensure that two-way coverage on each
floor of the building is a minimum of 95 percent. The test procedure shall be
conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of
Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and proof of compliance. The owner of the building or
their representative shall have the emergency responder radio coverage
system inspected and tested annually or whenever structural changes
occur including additions or remodels that could materially change the
original field performance tests. Testing shall consist of the following:
1. Signal boosters shall be tested to ensure that the gain is the same as it
was upon initial installation and acceptance or set to optimize the
performance of the system. In -building system components shall be tested
to determine general function operability. If noncompliance is found, the
FCC licensed technician will assess improvements necessary and provide
such information to OCSD Communications, and the fire and building code
official.
2. Backup batteries and power supplies shall be tested under load for a
period of 1 hour to verify that they will properly operate during an actual
power outage. If within the 1 -hour test period the battery exhibits symptoms
of failure, the test shall be extended for additional 1 -hour periods until the
integrity of the battery can be determined.
3. All other active components shall be checked to verify operation within
the manufacturer's specifications.
4. At the conclusion of the testing, a certification report, which shall verify
compliance with Section 510.5.3, shall be submitted to OCSD
Communications and the fire and building code official.
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9.04.260 Addition of Section 511.1 BUILDING INFORMATION.
Section 511.1 is added to read as follows:
SECTION 511.1 BUILDING INFORMATION
511.1 Building information. The fire code official is authorized to require
a cabinet for onsite storage of pre -plans and other building information that
is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.2 Where required. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the following locations:
"Building Area" as used in this section shall mean gross building area
enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall also
be installed in all occupancies when the total building area exceeds 5,000
square feet (465 m2), unless more restrictive requirements are required by
other provisions of the code.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing building
when any of the following conditions exists:
a. When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m2),
b. When an additional story is added above the second floor regardless of
fire areas or allowable are.
c. When an addition is added and the existing building is already provided
with an automatic fire sprinkler system.
d. More restrictive requirements are required by other provisions of the
code.
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9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows, with related subsections
remaining unchanged unless expressly modified by this ordinance:
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.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. An addition when the increase in building size is 2,000 sq. ft. or more
and exceeds 50% of the area of the existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
and not housing bedridden clients, not housing non-ambulatory clients
above the first floor, and not housing clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
housing only one bedridden client and complying with Section 435.8.3.3 of
the California Building Code.
3. Pursuant to Health and Safety Code, Section 13113, occupancies
housing ambulatory children only, none of whom are mentally ill children or
children with intellectual disabilities, and the buildings or portions thereof in
which such children are housed are not more than two stories in height, and
building or portions thereof housing such children have an automatic fire
alarm system activated by approved smoke detectors.
4. Pursuant to Health and Safety Code, Section 13143.6, occupancies
licensed for protective social care which house ambulatory clients only,
none of whom is a child (under the age of 18 years), or who is elderly (65
years of age or over).
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When not used in accordance with Section 504.2 or 506.3 of the California
Building Code, an automatic sprinkler system installed in accordance with
Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with Section
903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.8 and in accordance with City's Guidelines and Standards F.02
Fire Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows.-
907.1.6
ollows:
907.1.6 System design. No building shall have more than one fire alarm
panel. All fire detection and protection devices shall operate and be
connected to the building fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible
indicator that displays the status of the detector. When a detector is
located in a space above a drop ceiling, an indicating light shall be
provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm
system capable of showing the approximate location of all activating
devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
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912.1.1 Installation. The size of piping and the number of inlets shall
be approved by the fire code official. All fire department connections
shall be listed assemblies. Fire department inlet connections shall be
painted OSHA safety red unless otherwise approved by the fire code
official. When the fire flow demand of a sprinkler system is 500 gpm or
greater, including the interior hose stream demand if a standpipe system
is installed, four 2 1/2" inlets shall be provided.
9.04.320 Amendment to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than 100 feet (30.48 m) from a
public hydrant. When possible, the fire department connection shall be
located 30 feet (9.14 m) minimum from beginning of radius for driveway
approach. The location of fire department connections shall be
approved by the fire code official.
9.04.330 Amendment to Section 1203.1.1 Stationary Generators.
Section 1203. 1.1 is amended to add Section 1203.1.1.1 to read as follows:
1203.1.1.1 Emergency power outlets. Provide and install electrical outlets
(120 volt, duplex) that are connected to the emergency generator
circuitry/system when a generator is required by Section 1203.2 of the
California Fire Code in every fire control room and in other areas as may be
designated by the fire code office. Emergency outlets shall be placed in the
following locations:
1. In the main exit corridor of each floor adjacent to each exit
enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
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6. In such other areas as may be designated by the fire code
official.
9.04.340 Amendments to Section 3602 Definitions.
Section 3602.1 is amended to add the following:
DOCK.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas
shall be arranged such that a vessel occupying a slip can be readily
removed in an emergency without the necessity of moving other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need
of an action plan providing the length of the tender or dinghy does not
exceed the width of the vessel's beam.
2. Vessels with beams of less than 14 feet are permitted to have a
tender or dinghy, up to a maximum of 14 feet in length, tied to the
vessel's stern.
3603.6.2 Permitted multiple berthing. A permit may be issued for
multiple berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An
action plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire.
b. The person is responsible for moving the vessels.
c. Where the vessels will be relocated to after 1800 hours.
d. How employee training and emergency communications are being
provided.
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2. The multiple berthing is necessary for a special event or other
extenuating circumstances and will occur for a limited period of time,
which shall be approved by the fire code official and per City's
Guidelines and Standards A.10 Multiple Berthing and/or Rafting at
Special Events.
9.04.360 Amendment to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing vessels, and marine
motor vehicle fuel dispensing stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through
3604.6.
9.04.370 Amendment to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than 150 feet from a fire apparatus access road, it shall be
equipped with a Class III standpipe system installed in accordance with
NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for
Marinas, Wharfs, and Piers.
9.04.380 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls,
operates, or maintains any parcel of land within a designated Hazard
Reduction Zone or Local Agency Very High Fire Hazard Severity Zone
shall comply with the requirements of this chapter to mitigate the
conditions where vegetative fuels may readily transmit fire to buildings
and threaten to destroy life, overwhelm fire suppression capabilities, or
result in large property losses.
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4901.2 Purpose. The purpose of this code is to provide minimum
vegetative maintenance standards to reduce the severity of exterior
wildlife exposure to buildings, and to decrease the exposure from a
building fire to the wildland-urban interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or
maintaining buildings or structures requiring defensible spaces shall be
responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local
Agency Very High Fire Hazard Severity Zones located within the City of
Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
LIA 11191 A_1.113
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES,
HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction
Zones, and Local Agency Very High Fire Hazard Severity Zones not in
compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
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4903.2 Fuel Modification Zone. All elements of the fuel modification
zone shall be maintained in accordance with the approved plan and the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard for Developments" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard
Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction
Zone shall be maintained in accordance with the City's Guidelines and
Standards G.01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN
HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of
the California Building Code and other relevant sections of the California
Building Code, all new construction and existing structures that are
increased in size by 2,000 square feet or more and exceed 50% of the
area of the existing structure located on parcels of land within the City
of Newport Beach Hazard Reduction Zone and Local Agency Very High
Fire Hazard Severity Zones shall be built in accordance with the
regulations found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief shall have the authority to designate
all Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone
pursuant to Government Code Section 51179(a).
4904.3 Fuel Modification Requirements for New Construction. All
new structures located on parcels of land which are designated Hazard
Reduction Zones or Local Agency Very High Fire Hazard Severity Zones
shall comply with this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or more
and exceed 50% of the area of the existing structure located on parcels
of land which are designated Hazard Reduction Zones or Local Agency
Very High Fire Hazard Severity Zones shall comply with this section.
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4904.3.2 Plans. Fuel modification plans shall be submitted to and
approved by the fire code official prior to the issuance of a building
permit. The plans shall be developed using the criteria set forth in the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard" and G.04 "Fuel Modification Plans and
Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if
conditions change. Any alterations to the fuel modification plan shall be
approved by the fire code official.
4904.3.4 Issuance of grading or building permits. No grading permit
or building permit shall be issued for new and qualifying additions to
existing structures prior to approval by the fire code official of the
submitted fuel modification plan as required by this section.
4904.3.5 Street widths. The minimum width of private and public streets
shall not be less than 28 feet (8.53 m). Private streets and driveways
serving no more than three dwellings and not exceeding 150 feet (45.72
m) in length shall not be less than 24 feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the
requirements of Section 7A of the California Building Code shall not be
less than three feet (.915 m) from an adjacent property line. Areas shall
be maintained free of obstructions at all times.
Exception: Refuse cans for residential use.
4905.2 Combustible construction prohibited. No attached or
detached buildings, patio covers, sheds, decks, stairs, or similar
structures shall be built or placed in the 20 foot Zone A setback, as
described in the City's Guidelines and Standards G.02 "Fuel
Modification Plans and Maintenance Standard" unless completely
constructed of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
10-105
Ordinance No. 2019 -
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4906.1 Map. The Fire Chief shall cause an official map of the Hazard
Reduction Zones to be prepared. The City Council shall adopt by
ordinance a map of the Local Agency Very High Fire Hazard Severity
Zones. These maps shall be reviewed, updated or amended as deemed
necessary.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION
ZONES
4907.1 General. Defensible space will be maintained around all
buildings and structures in State Responsibility Area (SRA) as required
in Public Resources Code 4290 and "SRA Fire Safe Regulations"
California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very -high Fire Hazard Severity
Zones of a Local Responsibility Areas (LRA) shall maintain defensible
space as outlined in Government Code 51175-51189 and any local
ordinance of the authority having jurisdiction.
4907.2 Equipment prohibited without a spark arrestor. Except as
otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining Local Agency Very High Fire
Hazard Severity Zones, any internal combustion engine which uses
hydrocarbon fuel, unless the engine is equipped with a spark arrestor as
defined in Section 4907.4 of the Fire Code and maintained in effective
working order, or the engine is constructed, equipped and maintained
for the prevention of fire pursuant to Section 4907.2 of the fire code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the
exhaust system of engines or vehicles subject to this section shall not
be placed or mounted in such a manner as to allow flames or heat from
the exhaust system to ignite any flammable material.
4907.4 Spark arrestor design. A spark arrestor is a device constructed
of nonflammable material specifically for the purpose of removing and
retaining carbon and other flammable particles over 0.0232 of an inch
(0.58 mm) in size from the exhaust flow of an internal combustion engine
that uses hydrocarbon fuels or which is qualified and rated by the United
States Forest Service.
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4907.5 Spark arrestor exemption for vehicles. Engines used to
provide motor power for trucks, truck tractors, buses, and passenger
vehicles, except motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in the Vehicle
Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted
gases pass through the rotating turbine wheel, there is no exhaust
bypass to the atmosphere and the turbocharger is in effective
mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY
HIGH FIRE HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce
when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry.
Entry on and occupation of Local Agency Very High Fire Hazard Severity
Zones, except public roadways, inhabited areas or established trails and
camp sites which have not been closed during such time when the Local
Agency Very High Fire Hazard Severity Zone is closed to entry, is
prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very
High Fire Hazard Severity Zones and their invitees and guests going to
or being upon their lands.
2. Entry in the course of duty by peace or police officers, other duly
authorized public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION
ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other
devices, machines or processes liable to start or cause fire shall not be
operated or used in or upon Local Agency Very High Fire Hazard
Severity Zones, except by permit from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet
(914 m) from grass or brush covered areas.
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Flame -employing devices, such as lanterns or kerosene road flares,
shall not be operated or used as a signal or marker in or upon a Local
Agency Very High Fire Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD
REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or
maintained in or upon Local Agency Very High Fire Hazard Severity
Zones and Hazard Reduction Zones, except by permit from the fire code
official.
Exception: Fires located within the property boundary of inhabited
premises or designated campsites where such fires are built in a
permanent barbeque, portable barbeque, outdoor fireplace, incinerator
or grill and are a minimum of 30 feet (9.14 m) from grass or brush
covered areas.
Permits shall incorporate such terms and conditions which will
reasonably safeguard public safety and property. Outdoor fires or
burning shall not be conducted in or upon Local Agency Very High Fire
Hazard Severity Zones or in hazard reduction zones under the following
conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts
exceed 25 MPH.
2. When a person age 18 or over is not present at all times to watch and
tend such fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques,
outdoor fireplaces or grills shall not be used for the disposal of rubbish,
trash, or combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES
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4911.1 General. Recreational fires built, installed, or maintained in Local
Agency Very High Fire Hazard Severity Zones or hazard reduction
zones shall only use natural gas or propane fuel. Combustible solid fuels
are prohibited regardless if a spark arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained
in good repair and in a safe condition at all times. Openings in such
appliances shall be provided with an approved spark arrester, screen,
lid, or door.
9.04.390 Amendment to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the
fire code official.
9.04.400 Amendment to Section 5004.1 Maximum Quantity on Site.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on site. No person shall use or store any
amount of Extremely Hazardous Substances (EHS) equal to or greater
than the amounts disclosed as listed in Appendix A, Part 355, Title 40,
of the Code of Federal Regulations in a residential zone or adjacent to
property developed with residential uses, unless approved mitigation
measures are implemented and maintained, as required by the fire code
official.
9.04.410 Amendment to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Storage of explosives and blasting agents. No person shall
store explosives or blasting agents anywhere in the City of Newport
Beach unless the fire code official has issued a permit authorizing use
and/or storage.
9.04.420 Amendment to Section 5601.1.3 Fireworks.
Section 5601.1.3 is amended to read as follows -
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Ordinance No. 2019 -
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5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1.4G, (commonly referred to as "Safe and Sane") and
fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks II AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendment to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail display: Persons shall not conduct a retail
display nor offer for sale explosives, explosive materials or fireworks
upon highways, sidewalks, public properties, or anywhere in the City of
Newport Beach.
9.04.440 Amendment to Section 5704.2.11 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in
any residential district or any residential area of a planned community
district, as defined in Section 20.14.020 of the Newport Beach
Municipal Code.
9.04.450 Amendment to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows:
5706.4 Bulk plants or terminals. Portions of properties where
flammable and combustible liquids are received by tank vessels,
pipelines, tank cars or tank vehicles and are stored or blended in bulk
for the purpose of distributing such liquids by tank vessels, pipelines,
tank cars, tank vehicles or containers are prohibited within the
boundaries of the City of Newport Beach except as permitted by the fire
code official. Approved installations shall comply with Sections 5706.4.1
through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section 8105.2 is amended to read as follows:
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5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1 AG, (commonly referred to as "Safe and Sane") and
fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendment to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail display: Persons II not conduct a retail
display nor offer for sale explosives, explo terials or fireworks
upon highways, sidewalks, public propes, here in the City of
Newport Beach. . A
9.04.440 Amendment to Section 5704.2.11 UndolIFIENOWanks.
Section 5704.2.11.1 is amended by adding t1 W4 to read as follows:
4. The underground st a lammable liquids shall be prohibited in
any residential distri t residential area of a planned community
district, as defin i n 20.14.020 of the Newport Beach
Municipal Co
9.04.450 Amendmen ti 706.4 Bulk Plants or Terminals.
Section 5706.4 is ameIVto read as follows, with related subsections remaining
unchanged unless expreggly modified by this ordinance:
5706.4 Bulk plants or terminals. Portions of properties where
flammable and combustible liquids are received by tank vessels,
pipelines, tank cars or tank vehicles and are stored or blended in bulk
for the purpose of distributing such liquids by tank vessels, pipelines,
tank cars, tank vehicles or containers are prohibited within the
boundaries of the City of Newport Beach except as permitted by the fire
code official. Approved installations shall comply with Sections 5706.4.1
through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 is amended to read as follows:
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B105.2 Buildings Other Than One -and Two- Family Dwellings,
Group R-3 and R-4 buildings and townhouses. The minimum fire flow
and flow duration for buildings other than one -and two-family dwellings
shall be as specified in Table B105.1(1).
Exception: A reduction in required fire flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 Umin.) for the prescribed duration as specified in Table
B105.1(2).
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of Newport Beach designates those areas identified in green
on the map attached to the ordinance codified in this section and on file
with the City Clerk as the Local Agency Very High Fire Hazard Severity
Zone for the City in accordance with Section 51179 of the Government
Code.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 4: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
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Section 5: Except as expressly modified herein, all other sections, subsections,
terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) and the Newport Beach
Municipal Code shall remain unchanged and in full force and effect.
Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2020 pursuant to California Health and Safety
Code Sections 17958 and 18941 and Government Code Section 36937(e).
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 5th day of November, 2019, and adopted on the 19th day
of November, 2019, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Mm
C. HARP, CITY ATTORNEY
DIANE B. DIXON, MAYOR
Attachment: Section 9.04.520 Local Agency Very High Fire Hazard Severity Zone Map
10-112
City of Newport Beach
Very High Fire Hazard Severity Zone `
-111/2012 VHFH5Z_A2b.,,d _
_
N
0 0.25 0.5
Miles
10-11
Attachment E
Redline Version of the California Building Standards Code and Other Related Code
Amendments
10-114
REDLINE
Chapter 15.02 of the Newport Beach Municipal Code is deleted in its entirety and
amended to read as follows:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Amendment to Section 101.4.3.
15.02.040
Amendment to Section 101.4.4.
15.02.050
Amendment to Section 102.6
15.02.060
Amendment to Section 102.7.
15.02.070
Added to Section 103.1
15.02.080
Amendment to Section 105.2
15.02.090
Amendment to Section 105.3.2
15.02.095
Amendment to Sections 105.3.3, 105.3.4 and 105.3.5
15.02.100
Amendment to Section 105.5
15.02.110
Amendment to Section 109.4
15.02.120
Addition of Section 117
Section 15.02.010 Adoption of the Administrative Code.
15.02.010 Adoption of Section 15.02.010
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2016 2019 Edition of the California Building Code as
published by the International Code Council.
The various parts of this chapter, including additions, amendments and deletions adopted
in this section, shall constitute and be known as the Newport Beach Administrative Code.
A copy of the 2016 California Building Code printed in code book form shall be kept
on file in the office of the City Clerk.
Section 15.02.020 Amendment to CBC Division 11 Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3
Section 101.4.3 is amended to read as follows:
1
10-115
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 International l Or vats Sewage Disposal Code shall app"
Lttl�rrr�rrrucrcorrurr-rTvar�v�i�rr►cvvcrr-wa�.murr
private sewage disposal systems
private
Section 15.02.040 Amendment to Section 101.4.4
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the 2018 International
Property Maintenance Code shall be adopted as the lnternotiepal Droner+„
Maintenance Code Newport Beach Property Maintenance Code and 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 15.02.050 Amendment to Section 102.6
Section 102.6 is amended to read as follows:
Section 102.6 Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue without change,
except as otherwise specifically provided in this code, the California Existing
Building Code, the International Property Maintenance Code, California Building
Code, the California Residential Code or the California Fire Code, or as deemed
necessary by the Chief Buildina Official.
Section 15.02.060 Added to Section 102.7
Section 102.7 is added to read as follows:
Section 102.7 Remodel or renovation. If the valuation of a permit for the remodel
or renovation of a building is equal to or exceeds 50 percent of the market value
of such building, then the entire building shall comply with the Code provisions for
new construction.
Exceptions:
1. This provision does not apply for permit valuations less than $220,700;
2. The Chief Building Official is authorized to accept less than the requirements
for new construction if substantial conformance to the reauirements is found
and the protection of life and property are maintained.
Section 15.02.070 Amendment to Section 103.1
2
10-116
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. The Building Denartmen of
BuildiRg Safety Division is hereby created and the official in charge thereof shall
be known as the Chief building Building ^ff�ial Official.
Section 15.02.080 Amendment to Section 105.2
Section 105.2 Work exempt from permit - Building: item 2 and 9 are amended to
read as follows:
Buildings:
2. Masonry or concrete fences not over 7--3.5 feet (21nR1066.8 mm)
high above lowest adjacent grade and not within 3 feet of the property
line. and all other fences not over 6 feet (1.828.8 mm) in heiaht above
lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Drefahrinateyd Private swimming pools —access e a Group R 3
E)GG th s less than `)4 inr-hes (610 mm) deep, RGt grootor
...,.,..�N c�crr' rrc� �rrarrc �rrcrrcv�v�crc..M, `^'
thane ra, , 000 ganenS (19 925 I ) and aro inc•tallerd entirely aheve renrd
•z
hot tubs spas, or water features containing less than 18 inches of water
depth; unless otherwise required by other provisions of the code.
Section 15.02.090 Amendment to Section 105.3.2
Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days after the
date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the Chiefbufl4i=Rg Building effiviG'�Official is
authorized to grant one or more extensions of time for additional periods not
exceeding 9180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
15.02.095 Amendment to Section 105.3.3, 105.3.4 and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
10-117
For any one -unit or two -unit dwelling for which a tentative and final tract map is not
required, the maximum allowable time to complete construction for any work that
requires a building permit including, but not limited to, any construction,
reconstruction, rehabilitation, renovation, addition(s), modification(s),
improvement(s), or alteration(s), shall be limited to three (3) years, unless an
extension is granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete
construction shall begin on the date of issuance of the first or original building
permit. For building permits issued prior to June 1, 2019, the time limit to complete
construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the
date of construction completion for purposes of Section 15.02.095. Time limits set
forth herein shall not be extended by issuance of a subsequent building permit(s)
for the same prosect.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
1. Application for Extension.
a) A property owner, or authorized agent of the property owner, may request an
extension by filing with the City Clerk, in writing and on a form provided by the City
Clerk, an application for extension which sets forth: (i) the address of the project
site;(ii) the name of the applicant and property owner; (iii) when the first or original
building permit was issued; (iv) the length of time extension requested, which shall
not be greater than one hundred and eighty (180) calendar days; (v) how many
previous extensions have been granted, if any; (vi) the basis for the requested
extension; (vii) the new end project date if the application is approved; (viii) a brief
description of the improvements that are the subject of the application; and (ix) any
other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension
shall be submitted no later than forty-five (45) calendar days prior to the expiration
of the building permit.
c) An application for extension shall be accompanied by the filing fee identified in
the Citv's master fee schedule.
4
10-118
2. Schedulina and Noticin
a) A Hearing Officer, designated by the City Manager, shall hear and decide
whether an initial application for extension, or second application for extension,
shall be granted, conditionally granted, or denied. The City Council shall hear and
decide whether any additional application for extension shall be granted,
conditionally granted, or denied. The applicable hearing body shall be referred to
herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City
Manager shall appoint a Hearing Officer with the requisite qualifications and
experience to consider the application for extension. The Hearing Officer shall not
be a City employee and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be conditioned, either directly
or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for
extension, the City Manager or his/her designee shall notify the applicant of the
name of the Hearing Officer in accordance with Section 1.08.080.
If the applicant wishes to challenge the designated Hearing Officer, the applicant
shall have seven (7) calendar days from the date of service of the notice to submit
to the City Manager a request, in writing, to disqualify the Hearing Officer, which
sets forth the basis for disqualification. A Hearing Officer may only be disqualified
for: (i) bias;(ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge
may be disqualified after a showing of good cause under the laws of the State of
California.
The City Manager will review any request for disqualification and make a decision
as to whether a Hearing Officer shall be disqualified. The City Manager's decision
shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager
shall designate a new Hearing Officer in accordance with the procedures in this
subsection_
c) The applicant shall be notified of the time and place set for the hearing of the
application, in accordance with Section 1.08.080, at least ten (10) calendar days
prior to the date of the hearing. All hearings on an application to be heard by the
review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the prosect
site that is the subject of the application, at least ten (10) calendar days in
advance of the hearing. The notice shall contain: the address of the prosect
5
10-119
site; the length of time extension requested; the new end project date if the
application is approved; the name of the applicant and property owner; a
brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the
application, at least ten (10) calendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by
the City Manager or his/her designee. The applicant shall be responsible
for maintaining the sign(s) in a satisfactory condition and shall remove all
sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
3. Conduct of Hearing
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by
the applicant or any other interested person, relevant to whether: (i) special
circumstances warrant an extension of time;(ii) the failure to meet the time limit
was caused by circumstances beyond the property owner's, applicant's or their
contractor's control; and (iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding
Property owners. Any documents submitted by City staff shall constitute prima
facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and
eighty (180) calendar day extension, per application for extension, if it finds special
circumstances warrant an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's, applicant's or their
contractor's control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether conditions are necessary to
ensure timely completion of the prosect in a manner that limits impacts on
surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer
or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
10-120
e) The review authority may announce a tentative decision and defer its action on
a final decision until appropriate findings and/or conditions of approval have been
prepared.
f) The review authority shall issue a written decision, setting forth its findings, and
the decision shall be final and effective on the date the decision is made, unless
otherwise specified by the review authority. The review authority shall provide the
City Clerk with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision to the applicant
within ten (10) calendar days of receipt of the final decision.
4. Judicial Proceedin
Nothing herein shall prohibit the Building Official from issuing a building permit or
extending a building permit if the extension is a term of an enforceable settlement
agreement between the City and the property owner or a term of a court
order/judgment.
5. Judicial Review
The decision of the review authority shall not be appealable to any City. A
person shall not seek judicial review related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section
1-r; m nay
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall
not relieve any person or entity from complying with any other applicable provision
of federal, state or local law including, but not limited to, construction related laws
adopted by the City.
Section 15.02.100 Amendment to Section 105.5
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the date of the last recorded
inspection+r,e the ,�S GOrnmeTsed. Before such work can be -recommenced,
7
10-121
a new permit shall best obtained to do so, and the permittee shall pay a new
permit fee except for permits for suspended or abandoned work where inspections
were previously recorded the fee shall be one half the amount required for a new
permit for such work, provided no changes have been made or will be made in the
original approved plans and specifications for such work; and provided further that
such suspension or abandonment has not exceeded one year. Permits shall not
be renewed more than once. The building official is authorized to grant, in writing,
one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4
Section 109.4 is amended to read as follows:
Section 109.4 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to a _
investigation fee established by the building O#inial that shall be in addition to the
required permit fees. The investigation fee shall be collected whether or not a
permit is then or subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required in the City Council fee resolution. The payment
of such investigation fee shall not exempt an applicant from compliance with all
applicable provisions of either this code, referenced standards or the technical
codes nor from the penalty prescribed by law.
Section 15.02.120 Addition of Section 117
Section 117 is added to read as follows:
Section 117 — Demolition of entire structure
Section 117.1 Notification. When an entire structure is to be demolished,
notification by certified mail to adjacent owners is required at least 30 days before
demolition commences. Proof of notification is required prior to permit issuance
unless determined otherwise by the Chief Building Official.
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is repealed in
its entirety and amended to read as follows:
Chapter 15.03
0
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Sections:
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.03.010
Adoption of the International Property Maintenance
Code
15.03.020
Deletion of Chapter 1, except Sections 101, 102 and
108.1 through 108.1.5
15.03.030
Amendment to Section 101.1
15.03.040
Amendment to Section 102.3
15.03.050
Amendment to Section 303.2
Section 15.03.010 Adoption of the International Property Maintenance Code
The City Council adopts and incorporates by reference, as set forth in full in this section,
the �5-2018 International Property Maintenance Code, as published by the
International Code Council.
The various parts of th ! 2018 International Property Maintenance +s -Code, along with the
amendments and deletions adopted in this section, shall constitute and be known as the
Newport Beach Property Maintenance Code. A copy of the 2-015-201 ° International
Property Maintenance Code shall be kept on file in the office of the City Clerk.
Section 15.03.020 Deletion of Chapter 1, Except Sections 101, 102, and 108.1
through 108.1.5
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 105, and 108.1 through 108.1.5.
Section 15.03.030 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the applicable adopted codes. International Building
Cede, International Existing BuildiRg Gode, !RternatiGRal Energy Conservati
Code International Fire Code,In to�ational Fuel as Code, i r ern me
of
Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel,
.0
10-123
modify or set aside any provisions of the Newport Beach Zoning Internatirivir+I
Zening Code.
Section 15.03.050 Amendment to Section 303.2
Section 303.2 is amended to read as follows:
Section1Enclosures.- swimming pools,•t tubs and spas or
features containing more than 18 inches of depth
_ .
.1=1 • •. .
aR 9n8r, PE)Si+iGR of 6 innhes (152 mm) from the gatones+ shall comply with section
305.2 of the NewDort Beach Residential Swimmina Pool and SDa Code and
Section 3109.¢2 as ameRderd OR SeGti„r, 1 04.1 Stn of the Newport Beach Building
Code. No existing pool enclosure shall be removed, replaced or changed in a
manner that reduces its effectiveness as a safety barrier.
SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010 Adoption of the California Building Code
15.04.020 Amendment to Section 105.2
15.04.930030 Amendment to Section 701A.1
15.04.040040 Amendment to Section 701A.3
15.04.050050 Amendment to Section 701A.3.1
'15.04.td-U11060 Amendment to Section 702A
(zectiet-Al 712A
14 r!1 1 ' - • • • 1'
15.04.40080 Amendment to Section 903.2
15.04.0090 Amendment to Section 903.2.8
15.04. 100 Amendment to Section 1030.1 Exception 6
15.04.4-30110 Amendment to Table 1505.1
15.04.440120 Amendment to Section 1505.1.3
15.04.130 Amendment to Section 1612.3
10
10-124
15.04.450140 Amendment to Section 1704.2.1
nn 1Rn add ScG�ein. 1812 Earth RetaiRiRgShoring
15.04.a-7-0-150 Amendment to Section 1905.1.7
11 nn 1StnecrinrtrimIecrnt �`840R `2�3109.4.4.2arr t�
Section 15.04.010 Adoption of the 2013 California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2015 2019 Edition of the California Building Code, Volumes 1 and 2, including
centien 1812n, Appendix C, I, and California Code of regulations Title 24 part 8 and part
10 and all national codes and standards referenced therein, based on the 244-5-2018
International Building Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments
and deletions adopted in this section, shall constitute and be known as the Newport Beach
Building Code. A copy of the 2013 2016-2019 California Building Code Volumes 1 and
2, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 15.04.020 Amendment to Section 105.2.
Section 105.2 Work exempt from permit - Building: item 2 and 9 are amended to
read as follows:
2. Masonry or concrete fences not over 7-3.5 feet (21mn1066.8 mm)
high above lowest adjacent grade and not within 3 feet of the property
line. and all other fences not over 6 feet (1.828.8 mm) in heiaht above
lowest adjacent grade except when used as a pool barrier.
9 Drefahrinaterl Private swimming pools —aEGeSS r,y t„ a Group -3
OGGi n t is lessttta.p. 241iin�?(610 mm) aGen are net nreator
thanr ge i 000 ganenc• (19 925 I ) and are inc•talled entirely above renrl
•i
hot tubs spas, or water features containing less than 18 inches of water
depth; unless otherwise required by other provisions of the code.
Section 15.04.030 Amendment to Section 701A.1
Section 701 A.1 is amended to read as follows:
Section 701A.1 SECTION 701A SCOPE, PURPOSE AND APPLICATION.
Section 701A.1 Scope. This chapter applies to building materials, systems and/or
assemblies used in the exterior design and construction of new buildings including
11
10-125
one -and two-family dwellings located within a Fire Hazard Severity Zone or
Wildland-Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701A.3
Section 701A.3 is amended by deletina Exception #4 in its enti
Section 15.04.050 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety.
Section 15.04.060 Amendment to Section 702A
Section 702A is amended w0th one add;t;ento include the definition of "Unenclosed
Covered Structure" to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or open roof and no more than one enclosed side.
.. ,
f7impm
...
12
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Section 15.04.09070 Amendment to Section 710A
Section 710A 3.3 is amended to read as follows:
Section 710A--3. Detached miscellaneous structures requirements. When
required_by4hi onfnrn;ng Egon,.,, onnl;i oho Detached miscellaneous structures
that are installed at a distance of more than 3 feet but less than 50 feet from an
applicable building shall be constructed of noncombustible materials or of ignition
-resistant materials as described in Section 704A.2
LFAL�. M•_
•
AA
W. ".. .2.7 M M
Section 15.04.440-080 Amendment to Section 903.2
The first and second sentences of Section 903.2 istitled "Where required" and
"Exception:" are amended to read as follows, with all other subsections remaining
unchanged unless otherwise modified by this ordinance:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations:
1. New buildinas: Notwithstandina anv aoalicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be
installed in all occupancies when the total building area exceeds 5,000
sauare feet (465 m2). unless more restrictive reauirements are reauired by
other provisions of the Code.
Exceptions:
13
10-127
1. Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
2. Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided
that those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with Section
907.2 and are separated from the remainder of the building by
not less than one hour fire barriers constructed in accordance
with Section 707 or not less than 2 hours horizontal assemblies
constructed in accordance with Section 711, or both.
2. Existing buildings: Notwithstanding any applicable provisions of this code,
an automatic sprinkler system shall be provided in an existing building when
any of the following conditions exists:
a) When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m21
b) When an additional story is added above the second floor regardless
of fire areas or allowable area.
c) When an addition is added and the existing building is already
provided with an automatic fire sprinkler system.
d) More restrictive requirements are required by other provisions of the
Code.
e) Where a tenant space in an existing building requires sprinklers due to
the nature of occupancy use, the entire building shall require sprinklers
unless other provisions of the code(s) are applied to create distinct
separated buildings, subject to the Fire Code Official and Chief
Building official approval.
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8
Section 903.2.8 is amended to read as follows:
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.
14
10-128
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. When the total area of addition and reconstruction exceeds 2,000 sq -ft. and
exceeds 50% of the area of the existing structure.
b. An addition when the existing building is already provided with automatic
fire sprinklersystem.
c. As determined for new construction per Section 102.7
The Chief Building Official may approve alternative methods and materials
when an equivalent or greater level of Fire protection is achieved, subject to
the Fire Code Official aaoroval.
Section 15.04.100 Amendment to Section 1030.1 Exception 6
Section 1030.1 exception 6 first paragraph is amended to read as follows:
6. Within individual dwelling and sleeping units in Groups R-2 and 3,
where the building is equipped throughout with an automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1�or
90QvTrr.3, sleeping rooms in basements shall not be required to have
emergency escape and rescue openings provided that the basement
has one of the following:
6.1. One means of egress and one emergency escape and rescue
opening.
6.2. Two means of egress.
6.3. In Group R-2.2 occupancies a certified fire escape is acceptable as
a secondary means of egress for existing buildings for this section of the
code.
Section 15.04.4110 Amendment to Table 1505.1
Table 1505.1 is amended to read as follows:
TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION1
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
GB
B
GB
B
B
SB
15
10-129
'See chapter 7A for roof covering requirements.
Section 15.04.x-40-120 Amendment to Section 1505.1.3
Section 1505.1.3 is amended to read as follows:
Section 1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the addition, alteration, repair or
replacement of the roof exceeds 50 percent of the existing roof area; shall be a
fire -retardant roof covering or assembly that is at least Class A .
Section 15.04.130 Amendment to Section 1612.3
Section 1612.3 first aaraaraah is amended to read as follows:
Section 1612.3 Establishment of the flood hazard areas. To establish flood hazard
areas, the applicable governing authority shall adopt a flood hazard map and
supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management Agency
in an engineering report entitled "The Flood Insurance Study for [INSERT- NAME
OF jLJRISDICTIGNINewport Beach," dated [INSERT DATE OF ISSUA 4Cr t arch
21, 2019, as amended or revised with the accompanying Flood Insurance Rate
Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related
supporting data along with any revisions thereto. The adopted flood hazard map
and supporting data are hereby adopted by reference and declared to be part of
this section.
Section 15.04.x -W Amendment to Section 1704.2.1
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of Newport
Beach or his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her employment
as prescribed in the applicable code. The special inspector shall report to the Chief
Building Official in writing, noting all code violations and any variations from the
aoaroved clans and other information as reauired on forms arescribed or aaoroved
by the City of Newport Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
16
10-130
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City of Newport
Beach, shall pay a registration fee as set forth in the City Council Fee Resolution,
Payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A
renewal fee as set forth in the City Council Fee Resolution for each classification
shall be charged on July 1St of each year thereafter at which time the special
inspector may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
� r
OWNr •
K ILL, OIL 1, 1111
IL
I Roo
r No
• • • •
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they are approved by the Chief Building Official and
qualify as special inspectors.
17
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Section 15.04.47150 Amendment to Section 1905.1.7
Section 1905.1.7 , is amended by deleting Exceptions 1 through 3 in its entirety:
ON. �7_1 ..
... .
13,1112, 11111,1111l'! 1111 11145 111115 6!
in
10-132
SECTION 4. Chapter 15.05 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 15.05
RESIDENTIAL CODE
15.05.010
Adoption of the California Residential Code.
15.05.020
Amendment to Section R101.1.
15.05.030
Amendment to Section R101.2.
15.05.040
Deletion of Sections R102 through R114.
15.05.050
AmeRdmnn++nAddition of Sections R115_.
15.05.060
Deletion of Section R301.1.1.1.
15.05.070
Amendment to Section R301.1.3.
15.05.080
Amendment to Table R301.2(1)_
15.05.090
Amendment to Table R301.2(1) Footnote g.
15.05.100
Amendment to SeGtiGR Section R301.2.4_.
15.05.110
Amendment to Section R309.3.
15.05.120
Amendment to Section R310.1_
15.05.130
Amendment to Section R310.2.3.1.
15.05.140 Deletion of Section R310.2.4.
15.05.150 Amendment to Section R310.3.2.1.
15.05.160 Amendment to Section R311.7.11.
15.05.170 Amendment to Section R311.7.12.
15.05.4-20180 Deletion of Section R313.
15.05.425190 Amendment to Section R319.1.
15.05.4-30200 Deletion of Section R322 with the Replacement of the
City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management.
15.05.440210 Amendment to Section R326.
15.05.450220
Deletion of Section R337.
15.05.455230
Addition to Section R341_
15.05.475240
Arnendrn Deletion to Section R401.4_.
15.05.4-90250
°mnndrn Deletion to Section R404.
15.05.499260
De'��Amendment of Section R405.1.
15.05.205-270 Addition of Section R409 -arrtl and Shorinn
15.05.20580 Deletion of Section R602.12
15.05.245290 Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code
19
10-133
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the ''0�01uiy Edition of the California Residential Code including Appendix
H, SeetOGR n !02 n 3 of nnnoxjand all national codes and standards referenced
therein, based on the 2015-2018 International Residential Code, as published by the
International Code Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport Beach
Residential Code. A copy of the 201-3 California Residential Code, printed in code
book form, shall be kept on file in the office of the City Clerk.
Section 15.05.020 Amendment to Section R101.1
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code
for One- and Two-family Dwellings of Newport BeachrhinnnF; OF jU RISDICT-IO I
and shall be cited as such and will be referenced to herein as "this code."
Section 15.05.030 Amendment to Section R101.2
Sections R101.2 is amended to read as follows:
Section R101.2 Scope. The provisions of this code shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment, use and
occupancy, location, removal and demolition of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in height
with a separate means of egress and their accessory structures not more than
three stories above grade plane.
Exceptions:
Live/work units located in townhouses and complying with the requirements of
Section 419 of the California Building Code shall be permitted to be constructed in
accordance with the California Residential Code for One- and Two -Family
Dwellings. Fire suppression required by Section 419.5 of the California Building
Code where constructed under the California Residential Code for One- and Two -
Family Dwellings shall conform to Section 903.3.1.3 of the California Building
Code.
2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted
to be constructed in accordance with the California Residential Code for One- and
Two-family Dwellings when equipped with a fire sprinkler system in accordance
with Section 903.3.1.3 of the California Building Code.
20
10-134
Section 15.05.040 Deletion of Sections R102 through R114 from Chapter 1 1' iyis�..r.
R
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in tl4eChapter 15.02 Administrative Code U IR der Chapter 15.02.
Section 15.05.050 Amend ment oAddition of Sections R115
Section R115 is amid added to read as follows:
Section R115 – Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as adopted
under section 15.14 of the Newport Beach Municipal Code shall be the applicable
code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section R301.1.1.1 is deleted in its en
Section 15.05.070 Amendment to Section R301.1.3
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered design. Where a building of otherwise
conventional construction contains structural elements exceeding the limits of
Section R301 or otherwise not conforming to this code, these elements shall be
designed in accordance with accepted engineering practices. The extent of such
design need only demonstrate compliance of nonconventional elements with other
applicable provisions and shall be compatible with the performance of the
conventional framed system. Engineered design in accordance with the California
Building Code is permitted for buildings and structures and parts thereof, included
in the scope of this code.
R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for woodframe construction found in this
code, the Chief Building bildong—Official ef;Tc—shall require the
construction documents to be approved and stamped by a California
licensed architect or engineer for that irregular or nonconforming portion of
work. Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.2 Woodframe structures greater than two -stories. The Chief
buoldong Building effiG41-Officia shall require construction documents to be
21
10-135
approved and stamped by a California licensed architect or engineer for all
dwellings of a woodframe construction more than two stories cn;d basenTc�Tt
in height armor having a basement. Notwithstanding other sections of law,
the law establishing these provisions is found in Business and professions
Code Section 5537 and 6737.1.
R301.1.3.3 Structures other than woodframe. The Chief buiId'Rg Building
OffvfiGi al Official shall require floor, wall or roof -ceiling structural elements in
dwellings designed of cold formed steel, concrete, masonry Or StF IG rrol
0RG noted paRG(S prescribed by this code to be approved and stamped by a
California licensed architect or engineer. Notwithstanding other sections of
law, the law establishing these provisions is found in Business and
professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1)
Table R301.2(1) is amended by completing the table to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
WIND DESIGN
SEISMIC
SUBJECT
TO DAMAGE FROM
WINTER
ICE BARRIER
AIR
MEAN
SNOW
DESIGN
DESIGN
UNDERLAYMENT
FLOOD
a
HAZARDS
FREEZING
ANNUAL
Speed"Topographic Special wind Windbome
Frost line
LOAD'
(mph}
effects' region'
debris zone'"
CATEGORYt1
Weathering'
I depth' Termite`
TEMP`
REQUIRED"
INDEX'
TEMP'
Zero
96
No No
No
E6, D,, 61, or E
Negligible
NA Very Heavy
dS
No
See footnoM g
0
eg.T'
MANUAL J DESIGN CRITERIA'
Winter Summer
Altitude Indoor design
Design
Heating temperature
Elevation
Lattitude
heating Cooling
correction factor temperature
temperature cooling
difference
10 feet
M' N
91° 76°
1.0
70°
75°
30°
Cooling
Wind
Wind velocity Coincident
Daily
Winter
Summer
temperature difference
velocity heating
cooling wet bulb
range
humidity
humidity
15°
----
--- 67
12
10
80
Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows -
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision dated DeEember 3, 2009-Febrr ter
220-14-1-u 2-0. 2018March 21. 2019: Flood Insurance Studv (FIS Profile) effective
date of revision- GlGteber 2-0, 2-044March 21, 2019; Community number: 060227;
Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401,
402, 403, 404, 406 and 408; Suffix `VK"; Initial NFIP map date- March 15, 1974;
and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4
Section R301.2.4 is amended to read as follows:
22
10-136
Section R301.2.4 Floodplain construction. Buildings and structures constructed
in whole or in part in flood hazard areas (including A or V Zones) as established in
Table R301.2(1), and substantial improvement and rec+nrepair of substantial
damage of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with the City of Newport Beach Municipal Code Chapter
15.50, FLOODPLAIN MANAGEMENT and Section R322. Buildings and structures
that are located in more than one flood hazard area shall comply with the
provisions associated with the most restrictive flood hazard area. Buildings and
structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24.
Section—R301.2.4.1 Alternate provisions. As an alternate to the
requirements in Section R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management, ASCE 24 is permitted
subject to the limitations of this code and the limitations therein.
Section 15.05.110 Amendment to Section R309.3 C1�a'��eas�:ith the
Qeplaac'ernent ofto mnc;Iude—the Ci y of Ne••,r�veah Code Chapter.550.
Floodplain Management
Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2(1), garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with Section R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at
or above grade on not less than one side, are used solely for parking,
building access or storage, meet the requirements of Section R322 and
the City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management and are otherwise constructed in accordance with this
code.
Section 15.05.120 Amendment of Section R310.1
Exception 2 of Section R310.1 is deleted in its entirety.
Section 15.05.130 Amendment to Section R310.2.3.1 Ladder and steps.
Section R310.2.3.1 is amended to read as follows:
Section R310.2.3.1 Ladder and step ;stairway. Window wells with a
vertical depth greater than 44 inches (1118mm) shall be equipped with a
permanently affixed ladder or steps -stairway usable with the window in the
23
10-137
fully open position. Ladders or steps- required by this section shall net be
req W0re comply with Section 304.3.1.2 of the California Mechanical
Code. Stairway shall comply with Section R311.7. Ladders er runes shall
have an inside widthcT mvt less tha1-2--iRGh S (305 mm), shall prejeGt Re
less than (76mm) from the wall and shall he snaned not mere
than 18 innhes (457rvmrvm) on neater Vertinally for the full height of the
exterior staipNell
Section 15.05.140 Deletion of Section R310.2.4 Emergency escape and rescue
openings under decks and porches.
Section R310.2.4 is deleted in its entirety.
Section 15.05.150 Amendment to Section R310.3.2.1 Ladder and steps.
Section R310.3.2.1 is amended to read as follows:
Section R310.3.2.1 Ladder and step ;stairway. Area wells with a vertical depth
greater than 44 inches 1118mm shall be equipped with a permanently affixed
ladder or steps usable with the door in the fully open position. Ladders
or steps required by this section shall not he required to comply with Section
304.3.1.2 of the Californiaif�^Mechanical Code. Stairways shall comply with
Section R311.7. La�2Fsor rungs shall have an inside width of not less than 17
mGh G (305 mm), shall nroient net less than Z innhes es (76mm) from the wall anrd
height of the exterier staipwell
Section 15.05.160 Amendment to Section R311.7.11 Alternating tread devices.
Section R311.7.11 is deleted in its entirety and amended to read as follows:
Section R311.7.11 Alternating tread devices. Alternating tread devices shall
not be used as an element of a means of egress, or path of travel through or to
habitable space.
Section 15.05.170 Amending Section R311.7.12 Ships ladders.
Section R311.7.12 is deleted in its entiretv and amended to read as follows:
Section R311.7.12 Ships ladders. Ships ladders shall not be used as an
element of a means of egress, or a path of travel through or to habitable space.
Section 15.05.42-0-180 Deletion of Section R313 Autemaft Fire Sprinkler Systerrt.
Section R313 is deleted in its entirety and replaced withby California Building Code
Section 903.2.8 as amended in Section 15.04.440080.
24
10-138
Section 15.05.190 Amendment to Section R319.1
Section R319.1 is amended as follows:
Section R319.1 Address identification. Buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property
alley if adjacent to the property. Address identification characters shall contract
with their background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall not be spelled out. Each character shall be not less than 4
inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).
Where required by the fire code official, address identification shall be provided in
additional approved locations to facilitate emergency response. Where access is
by means of a private road and the building address cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the
structure. Address identification shall be maintained.
Section 15.05.130-200 Deletion GfAmendment to Section R322 with the
Repla^ernent Addition of the City of Newport Beach Municipal Code Chapter 15.50,
Floodplain Management.
Section R322 is deleted in its entirety and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management
Section 15.05.4440-210 Amendment to sSection R326
Section R326 is added to read as follows;
SECTION R326 – SWIMMING POOLS, SPAS AND HOT TUBS
R326.1 General. The construction, alteration, movement, renovation,
replacement, repair and maintenance of residential swimming pools and spas shall
comply with City of Newport Beach Municipal Code Chapter 15.09, Residential
Swimming Pool and Spa Code and Section 3109.2 of the 2019 California Building
Code.
Section 15.05.4 Deletion of Section R337 Materials and Construction Method
of Exterior Wildfire Exposure.
Section R337 is deleted in its entirety and replaced with California Building Code Chapter
7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in
Sections 15.04.020 throuah 15.04.070.
Section 15.05.230 Addition of Section R341
25
10-139
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling units
including those separating adjacent townhouse units shall provide air -borne sound
insulation for walls and both air -borne and impact sound insulation for floor -ceiling
assemblies per Section 1206 of the 2019 California Building Code, Title 24, Part
2.
Section 15.05.240 Deletion of Section R401.4 Soil Test
Section R401.4 is deleted in its entirety and replaced by California Building Code Section
1803 Geotechnical Investiaations.
Section 15.05.250 Deletion of Section R404 Foundation and Retaining Walls
Section R404 is deleted in its entirety.
Section 15.05.260 Amendment to Section R405.1
The Exceptions to Section R405.1 is amended by adding a second Exception #2 to read
as follows:
Exceptions:
A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls extending
below high tide of the Newport Bay water elevation.
Section 15.05.240-270 Addition of Section R409 Earth Retaining and
Section R409, titled "Deep Foundations, Prestressed Rock and Soil Anchors, Earth
Retaining Shoring and Vibro Stone Columns for Ground Improvement," is added and
shall incorporate Sections 1810, 1811, 1812, and 1813 of the California Building Code
into this section of this code.
Section 15.05.280 Deletion of Section R602.12 Simplified Wall Bracing
Section R-602.12 is deleted in its enti
26
10-140
Section 15.05.24-0-290 Deletion of Section R902 Roof classification.
Section R902 is amended in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Sections 15.04.440-100 through
15.04.468110.
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal
Code is repeated -deleted in its entirety and replaced with the following:
Sections:
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electric Code.
15.06.020 Amendment to Article 342.10.
15.06.030 Amendment to Article 344.10_.
15.06.040 Amendment to Article 358.10
15.06.050 Amendment to Article 358.10(B).
Section 15.06.010 Adoption of the California Electric Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 2016 2019 Edition of the California Electrical Code based on the 2011
244-4-2017 National Electrical Code, as published by the National Fire Protection
Association.
The various parts of this code shall constitute and be known as the Newport Beach
Electrical Code. A copy of the 2013 2016 2019 California Electrical Code, printed in code
book form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 of the Administrative Code Uoller Chapter 15.02.
Section 15.06.020 Amendment to Article 342.10
Article 342.10 (A) and (B) are is amended to read as follows:
342.10 Uses DerrnotterJ
(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
(B) Corrosion Environments. IMC, elbows, couplings, and fittings shall be
permitted to be installed in concrete, or in areas subject to severe corrosive
influences where protected by corrosion protection approved for the condition.
27
10-141
Section 15.06.030 Amendment to Article 344.10
Article 344.10 (A) and (B) are +s amended to read as follows:
344.10 Uses Permitter)
(A) Atmospheric Conditions and Occupancies.
(1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless
steel RMC shall be permitted under all atmospheric conditions and occupancies.
Except in direct contact with earth.
(2) Red Brass RMC. Red brass RMC shall be permitted to be installed for
d0reGt b anal and for swimming pool applications.
(3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where
approved for the environment. Rigid aluminum conduit encased in concrete er"T
doreGt GORtaGt With the earth shall be provided with approved supplementary
corrosion protection.
(4) rerrous Raceways and Fittings. Ferrous raceways and fittings protected
from corrosion solely by enamel shall be permitted only indoors and in occupancies
no subject to severe corrosive influences.
(B) Corrosive Environments.
(1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows,
Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC
elbows, couplings, and fittings shall be permitted to be installed in concrete, +e
dorent nnr,tant with earth or in areas subject to severe corrosive influences where
protected by corrosion protection and approved for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete. or in direct nentant with the earth
(3) Cinder Fill. Galvanized steel, stainless steel, and red brass RMC shall be
permitted to be installed in or under cinder fill where subject to permanent moisture
where protected on all sides by a laver of noncinder concrete not less than 50 mm
(2 in.) thick; where the conduit is not less than 450 mm (18 in.) under the fill; or
where protected by corrosion protection approved for the condition.
W
10-142
(4) Wet Locations. All supports, bolts, straps, screws, and so forth, shall be
of corrosion -resistant materials or protected against corrosion by corrosion -
resistant materials.
Section 15.06.040 Amendment to Article 358.10
Article 358.10 is amended to read as follows:
(A) Exposed and Concealed. The use of EMT shall be permitted for
exposed ani concealed work only.
Section 15.06.050 Amendment to Article 358.10(8).
Articles 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and Fittings.
Galvanized steel, stainless steel, and red brass EMT elbows, couplings, and
fittings shall be permitted to be installed in concrete, in diront GeRtaGt With earth or
in areas subject to severe corrosive influences where protected by corrosion
protection and approved for the condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum EMT shall be
provided with approved supplementary corrosion protection where encased in
concrete or in doront nnntant with the earth.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to room as fellowsand replaced with the
following:
Sections:
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code
15.07.020 Addition of Section 103.5
15.07.030 Amendment of Section 107.1
Section 15.07.010 Adoption of California Mechanical Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2-016 2019 Edition of the California Mechanical Code, based on the 2015
29
10-143
2018 Uniform Mechanical Code, by the International Association of Plumbing and
Mechanical Officials.
The various parts of this code shall constitute and be known as the Newport Beach
Mechanical Code. A copy of the 2015-2019 California Mechanical Code printed in code
book form shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 of the Administrative Code under Chanter 15.02.
Section 15.07.020 Addition of Section 103.2-5
Section 103.5 is added to read as follows
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Buildina Division.
Section 15.07.030 Amendment of Section 107.1
Section 107.1 is amended in its entirety to read as follows:
• 1 unrom • • ion, •- • MNI-MINOM •
municipal••- section 15.80.order to hear and appeals of Ord
deGide
•.
WIN
IN MW 01-111M
Section 7. Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code
is deleted in its entirety and replaced with the followingam��nolJ oc�n,o.
Chapter 15.08
30
10-144
Sections:
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 103.5
15.08.030 Amendment of Section 107.1
Section 15.08.010 Adoption of California Plumbing Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 2019 Edition of the California Plumbing Code, including Appendix
Chums -A and C, based on the 22018 Uniform Plumbing Code as published by the
International Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the Newport Beach
Plumbing Code. A copy of the 2010 California Plumbing Code, printed in code book
form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 (t#e-Administrative Code, 6IRder Chapter 15.02.
Section 15.08.020 Addition of Section 103.5
Section 103.5 is added to read as follows
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Buildina Division.
Section 15.08.030 Amendment of Section 107.1
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of a Chief Building Official decision shall be governed
by Chanter 15.80 of the Newport Beach Municipal Code. or anv successor chapter. In
- -- - -- - - --- -- ----- - - - -- - --- - - - - -- -
iRterpretations
- - --- - -
Authority Having jurisdiGtiOR relative to the appliGation and
-_ ..._
of this Gode,
qualified by experienc;ed and training to pass upon matters pertaining
31
10-145
Section 8. Chapter 15.09 currently titled "Reserved" of the Newport Beach
Municipal Code is renamed "Residential Swimming Pool and Spa Code" and amended
to read as follows:
Sections:
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010
Adoption of the International Pool and Spa Code.
15.09.020
Amendment to Section 101.1.
15.09.030
Amendment to Section 101.2.
15.09.040
Deletion of Sections 102 through 108.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment to Section 202.
15.09.070
Amendment to Section 301.1.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.through 303.3.
15.09.140
Amendment to Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1(1).
15.09.180
Deletion and rename Section 305.2.4.
15.09.190
Amendment to Section 305.3.3.
15.09.200
Amendment to Section 305.4.
15.09.210
Amendment to Section 305.4 Item 1.
15.09.220
Amendment to Sections 305.5(1) and (2).
15.09.230
Amendment to Section 306.1.
32
10-146
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
15.09.280
Amendment to Section 307.1.3.
15.09.290
Amendment to Section 307.1.4.
15.09.300
Amendment to Section 307.2.2.
15.09.310
Amendment to Section 316.4.
15.09.320
Amendment to Section 316.6.1.
15.09.330
Amendment to Section 318.2.
15.09.340 Amendment to Section 320.1.
15.09.350 Deletion of Sections 320.2 and 320.3.
15.09.360
Amendment to Section 321.4.
15.09.370
Deletion of Chapter 4.
15.09.380
Deletion of Chapter 5.
15.09.390
Deletion of Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Addition of Section 903.
15.09.450
Addition of Section 904.
15.09.460
Addition of Section 905.
15.09.470
Addition of Section 906.
15.09.480
Addition of Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2018 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport
Beach Residential Swimming Pool and Spa Code. A copy of the 2018 International
Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the
office of the City Clerk.
Section 15.09.020 Amendment to Section 101.1
33
10-147
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions reg ilatinnc shall be known as the
Residential Swimming Pool and Spa Code of Newport Beach, and shall be cited
as such and will be referenced r^f,�d-to herein as "this code."
Section 15.09.030 Amendment to Section 101.2
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, renovation, replacement, repair and
maintenance of aquatin ronreatinnal faGilities residential pools and spas. The
pools and spas covered by this code are either permanent or temporary, and
shall be only those that are designed and manufactured to be connected to a
circulation system and that are intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 108
Sections 102 through 108 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 (Administrative Code).
Section 15.09.050 Amendment to Section 201.3
Section 201.3 is amended to read as follows:
Section 201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the California inteFRati^nBuilding Code, California
int^rnotoGRal Energy GeRseryati"n Code, California lnt^rnatiORa Fire Code,
'ternotiORa' Fuel Gas Code California internatinnol Mechanical Code, ' alifornia
IntematieRa Plumbing Code or California International -Residential Code, such
terms shall have the meanings ascribed to them as in those codes.
Section 15.09.060 Amendment to Section 202
The definitions of RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL
definitions in Section 202 are amended to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed
pool, permanent or portable, that is intended for noncommercial use as a
swimming pool by not more than three owner families and their quest. A peel
34
10-148
PUBLIC SWIMMING POOL (PUBLIC POOL).
Anv constructed pool. permanent or portable. that is intended for use as a
..•• . -
07015coyrawrKeTKIN. - . . . •
members• their quest.
I.NNIM-11 1-110
e e Me
mummr •
....
.. ...1... . .....
■ -
ROMEO •
1
1
1 1
Section 15.09.070 Amendment to Section 301.1
Section 301.1 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the general
design and construction of publiG afld residential pools and spas and related
piping, equipment, and materials. Provisions that are unique to a specific type of
residential pool or spa are located in Chapters 4 through 10.
301.1.1 Application of Chapters 4 through 10. Where differences occur
between provisions of this chapter and provisions of Chapters 4 through 10, the
provisions of Chapters 4 through 10 shall apply.
Section 15.09.080 Amendment to Section 302.1
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements f^r aquatin faGili+ies shall
comply with California Electrical Code." in aGGerdanGe with AICPA 70 „r +ho
IRterRa+ieRal Residential Godo as appliGahl�aGGerdaRGe with SeGtieR 02.
35
10-149
Section 15.09.090 Amendment to Section 302.2
Section 302.2 is amended to read as follows:
Section 302.2 Water service and drainage. Piping and fittings used for water
service, makeup and drainage piping for pools and spas shall comply with the
California 'RteMati^n^' Plumbing Code. Fittings shall be approved for installation
with the piping installed.
Section 15.09.100 Amendment to Section 302.5
Section 302.5 is amended to read as follows:
Section 302.5, Backflow protection. Water supplies for pools and spas shall be
protected against backflow in accordance with the California'nternati„n,l
Plumbing Code the International Residential Cede as appliGable in
aGGerdanGe with Sectian 102.7. 1.
Section 15.09.110 Amendment to Section 302.6
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater discharge. Where wastewater from pools or spas,
such as backwash water from filters discharge to a building drainage system, the
connection shall be through an air gap in accordance with the California
inteFRat'GRal Plumbing Code er +vr-che IRterna♦ional ResirleRtial Cede as appliGable
Section 15.09.120 Amendment to Section 303.1
Section 303.1 is amended to read as follows:
Section 303.1 Energy consumption of pools and permanent spas. The
energy consumption of pools and permanent spas be GORtF011e d by the
Tp
1 I I. ItS OR SeGtieRG 303 .1.1 thr, ugh 20 shall comply with the California
En`e`"rg`y' Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3
Sections 303.1.1 through 303.3 are deleted in their entirety.
36
10-150
Section 15.09.140 Deletion and replacement of Section 304.2
Section 304.2 is deleted in its entirety and replace with:
Section 304.2 Floodplain Construction. Pools and spas constructed in special
flood hazard areas shall comply with the City of Newport Beach Municipal Code
Chapter 15.50, Floodplain Management. Determination of impacts based on
location Peels and spas IGGated in fleed hazard areas indicated within the
with SeGtiOR 304.2.1 er 304.2.2.
Section 15.09.150 Amendment to Section 305.1
Section 305.1 is amended to read as follows:
Section 305.1 General. The provisions of this section shall apply to the design of
barriers for restricting the public from entry into areas having pools and spas.
Where spas- or hot tub Ped with a IOGkable safety Gever Gernplying
ASTM F1346 and swo is are equipped with a pewered safety Gover that
r`emelles with ASTM F! 346, areas areas where these seas, het tubs er peels are
Ionated shall net he required to nemPlY with SentieR 305.2 through 305.7.
Section 15.09.160 Rename and Amendment to Section 305.2
Section 305.2 is renamed and amended to read as follows:
Section 305.2 Swimming pools and spas. Outdoor Swimming pools and spas
and Peels shall be surrounded by a permanent barrier that
complies with Sections 305.2.1 through 305.7.
Section 15.09.170 Amendment to Section 305.2.1 Item 1
Section 305.2.1 Item #1 is amended to read as follows:
The top of the barrier shall be not less than sixty 60 48 -inches (121�)
above grade where measured on the side of the barrier that faces away from the
pool or spa. Such height shall exist around the entire perimeter of the barrier and
for a distance of three (3) feet (944 mrn) measured horizontally from the outside
of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4
37
10-151
Section 305.2.4 is deleted in its entirety and renamed to read as follows:
Section 305.2.4 Reserved
Section 15.09.190 Amendment to Section 305.3.3
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latches. Where the release mechanism of the self -latching
device is located less than sixty 60 -54-inches (13�) from grade, the
release mechanism shall be located on the pool or spa side of the gate not less
than three 3)_inches ('below the top of the gate, and the gate and barrier
shall not have openings greater than -one-half 1/2) inch (1''�) within
eighteen 18) inches (4 57 mm)of the release mechanism.
Section 15.09.200 Amendment to Section 305.4
Section 305.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 305.4 Structure wall as a barrier. For common pools or spas serving
two and three unit families, doors, openable windows, gates of living units or
associated private premises shall not be permitted as part of the pool barrier.
For pools or spa serving single family, where a wall of the dwelling or structure
serves as part of the barrier and where doors provide direct access
to the pool or spa through that wall, one of the following shall be required:
Section 15.09.210 Amendment to Section 305.4(1)
Section 305.4 Item #1 is amended to read as follows:
Operable windows having a sill height of loss than 48 innhos (1219 mm) above
the indoor finished floor and doors shall +Doors have an alarm that produces an
audible warning when the window, door or their screens are opened. The alarm
shall be listed and labeled as a water hazard entrance alarm in accordance with
UL 2017. In dwellings or structures not required to be Accessible units, TSA
units or Type R units, the operable parts of the alarm deactivation switches shall
be located 54 inches (137' r„rn) or more above the finished floor. In dwellings or
structures required to be Accessible units, T„no o Units or Type R units, the
operable parts of the alarm deactivation switches shall be located not greater
38
10-152
than 54 inches (13'�) and not less than 48 inches (1219 mm` above the
finished floor.
Section 15.09.220 Amendment to Section 305.5(1) and (2)
Section 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 48-60 inches (1''�) above grade for the
entire perimeter of the pool, the wall complies with the requirements of Section
305.2 and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not
less than 48- inches (1''�) above grade for the entire perimeter of the
pool, and the wall and the barrier on top of the wall comply with the requirements
of Section 305.2.
Section 15.09.230 Amendment to Section 306.1
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around
pools and spas shall be in accordance with the California 'RterRati R l
Residential Code or the California-I
r1+erY1ati E)r1']I Building Code_, aS appliGable in
aGGerdance with SeGti„r, 102.7 and this section.
Section 15.09.240 Amendment to Section 306.4
Section 306.4 is amended to read as follows:
Section 306.4 Deck steps handrail required. PbficpeetPool and spa deck
steps having three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5
Table 306.5 is amended to read as follows:
39
10-153
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Gftl.pe
Exposed aggregate
rla
Texhtted. hand -finished concrete
11g
Travertine. -brick -set pavers, public pools or spas
14
Travertine -brick -set pavers, residential pools or spas
14
Wood
14
Wood -plastic composite
11$
For SI- 1 inch = 25 4 mm, 1 foot = 304 8 mm_
Section 15.09.260 Amendment to Section 306.9.1
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the
entire deck and shall be installed in accordance with the California Internatienal
Plumbing Code. or InternatVlnal Residential Code as annlinahle in anrordanne
with Section 102.7.1, and shall be not greater than 1 50 feetet /�Znm^-)
. - ... . ..
MINOR -
ME
Section 15.09.270 Amendment to Section 307.1.1
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in hazardous locations. Hazardous locations for
glazing shall be as defined in the California International Building Code or the
California Interna+ienal Residential Code, as applicable on acGerdanGecc-v,rrc`"''th
SGeten 102.7.1 of this Gede—Where glazing is determined to be in a hazardous
location, the requirements for the glazing shall be in accordance with those
codes, as applicable.
Section 15.09.280 Amendment to Section 307.1.3
Section 307.1.3 is amended to read as follows:
A
10-154
Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas
shall be in accordance with the California Internatinna Building Code or
California 'nternati^n^' Residential Code, as applicable, ,n acGerda,nGe with
SeEti.,n 1 Q 7 1 and shall be constructed so as to prevent water runoff into the
pool or spa.
Section 15.09.290 Amendment to Section 307.1.4
Section 307.1.4 is amended to read as follows:
Section 307.1.4 Accessibility. An accessible route to pubtiEpools and spas of
new common use areas serving covered multi -family dwellings shall be provided
in accordance with the Chapter 11A of California'nternati^nalBuilding Code.
Accessibility within public pools and spas shall be provided as required by the
aGGessihl^ r^Greational fanilities nreyisi^ns Chapter 11A of the' eMatieRa
California Building Code.
Section 15.09.300 Amendment to Section 307.2.2
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and structural design. Pools and spas shall conform
to one or more of the standards indicated in Table 307.2.2. The structural design
of pools and, ��s,,��pas shall be in accordance with the California 'nt^rnotinnol Building
Code er the'RtematiORal Residential Code, as applicable in onnnrdaRc;^ with
Se 02.'— of thisGede.
Section 15.09.310 Amendment to Section 316.4
Section 316.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 316.4 Installation. Heaters shall be installed in accordance with the
manufacturer's specifications and the ', ;temati�a ' Gas Code, California
Plumbinq Code, California 'nternati^n-,' Mechanical Code, California lnt^rnati^na
Energy r^nc^niotinn Code, "'GDA 7(i nr Into rn otional ResodeRtial Code -California
Electrical Code, as applicable On aGGerdanGe with Section 102.7.4. Solar thermal
water heaters shall be installed in accordance with Section 316.6.
Section 15.09.320 Amendment to Section 316.6.1
Section 316.6.1 is amended to read as follows:
41
10-155
Section 316.6.1 Installation. Solar thermal water heaters shall be installed in
accordance with the California 'nterna+innal Mechanical Code or the International
Residential Code as appliGahle in aG n�Tno with Con+inn 102 7 1
r-c��r� , `^ P' f.�rrra cc-vvrcrrQcc«vrrrv�r.T .
Section 15.09.330 Amendment to Section 318.2
Section 318.2 is amended to read as follows:
Section 318.2 Protection of potable water supply. Potable water supply
systems shall be designed, installed and maintained so as to prevent
contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross -connections or other piping connections to
the system. Means of protection against backflow in the potable water supply
shall be provided through an air gap complying with ASME Al 12.1.2 or by a
backflow prevention assembly in accordance with the Interna+iOnal Resident al
Code or+ho California In+orr,a+iGnal Plumbing Code.
Section 15.09.340 Amendment to Section 320.1
Section 320.1 is amended to read as follows:
Section 320.1 Backwash water or draining water. Waste Water from any
filter. scum filter. scum autter. overflow. cool emr)tvina line. or similar ar)r)aratus
BaGkwash Afater anal draining wa+or shall bA--discharged_te the sanitary or storm
c�Wimr er into an approved d+spesal system on the ;. or shall be disposed
efbyother meaRs approved by the stateor IeEala tha ri type receptor and
subsequently into a public sewer. The flood level rim of such receptor shall be at
least six (6) inches above the Base Flood Elevation (BFE) indicated in the Flood
Insurance Rate Mar) as printed by the Federal Emeraencv Manaaement
Agency's Flood Insurance Rate Map (FIRM). Direct connections shall not be
made between the end of the backwash line and the disposal system. Drains
shall discharge through an air gap.
Section 15.09.350 Deletion of Sections 320.2 and 320.3
Sections 320.2 and 320.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 321.4
Section 321.4 is amended to read as follows:
42
10-156
Section 321.4 Residential pool and deck illumination. Where lighting is
installed for, and in, residential pools and permanent residential spas, such
lighting shall be installed in accordance with "'FD° or the Internatie
Residential Geda-, California Electrical Code as appliGable OR a^^^rdaRGe With
Section 15.09.370 Deletion and Rename of Chapter 4
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion and Rename of Chapter 5
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved_
Section 15.09.390 Deletion and Rename of Chapter 6
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1
Section 703.1 is amended to read as follows:
Section 703.1 General. Decks provided by the pool manufacturer shall be
installed in accordance with the manufacturer's instructions. Decks fabricated on-
site shall be in accordance with the California 'ntematmenal Residential Code.
Section 15.09.410 Amendment to Section 802.1
Section 802.1 is amended to read as follows:
Section 802.1 Materials of components and accessories. The materials of
components and accessories used for permanent inground residential swimming
pools shall be suitable for the environment in which they are installed. The
materials shall be capable of fulfilling the design, installation and the intended
use requirements in the ualitornia 'nternotiORa Residential Code.
Section 15.09.420 Amendment to Section 802.2
43
10-157
Section 802.2 is amended to read as follows:
Section 802.2 Structural design. The structural design and materials shall be in
accordance with the Wernatme al ResodeRtial i edeCalifornia Building Code.
Section 15.09.430 Amendment to Section 901.2
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter,
port -residential spas and ^eTresidential exercise spas shall
COmply with Chapter 5 eXGept that SeEtOE)RS 504.1, 504.1.1, 509.1 and 509 shall
Ret apply, e„Gh oras shall GE)R,nly with the requirements of Chapter 3.
Section 15.09.440 Add Section 903
Section 903 is added as follows:
Section 903 MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled
for use in spas.
Section 15.09.450 Add Section 904
Section 904 is added as follows:
Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be 4 feet
measured from the design waterline. The water depth for exercise spas
shall not exceed six (6) feet six (6) inches measured from the design
waterline_
904.2 Multilevel seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be 28 inches
measured from the design waterline to the lowest measurable point.
904.3 Floor slope. The slope of the floor shall not exceed one (1) unit
vertical in twelve (12) units horizontal (8.3 -percent slope). Where multilevel
floors are provided, the change in depth shall be indicated.
44
10-158
Section 15.09.460 Addition of Section 905
Section 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return fittings. Return fittings shall be provided and arranged to
facilitate a uniform circulation of water and maintain a uniform sanitizer
residual throughout the entire spa or exercise spa.
905.2 Suction fittings. Suction fittings shall be in accordance with
Sections 905.2.1 through 905.2.4.
905.2.1 Testing and certification. Suction fittings shall be listed and
labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in
accordance with the manufacturer's specifications. Spas and exercise
spas shall not be used or operated if the suction outlet cover is missinc
damaaed. broken or loose.
905.2.3 Outlets per pump. Suction fittings shall be provided in
accordance with Section 310.
905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall
be in accordance with Section 310.
Section 15.09.470 Addition of Section 906
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 General. This section pertains to fuel -fired and electric appliances
used for heating spa or exercise spa water.
906.2 Water temperature controls. Components provided for water
temaerature controls shall be suitable for the intended application.
906.2.1 Water temperature regulating controls. Water temperature
regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
45
10-159
Exception: Water temperature regulating controls that are integral to
the heating appliance and listed in accordance with the applicable end
use appliance standard.
906.2.2 Water temperature limiting controls. Water temperature
limiting controls shall comply with UL 873 or UL 372. Water temperature
at the heater return outlet shall not exceed 140°F (60°C).
Section 15.09.480 Addition of Section 907
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water temperature. The temperature of the incoming makeup water
shall not exceed 104°F (40°C).
Section 9. The definition of "minor rain event" and "significant storm event" are
hereby added to Section 15.10.050 (Definitions) of the Newport Beach Municipal Code
are amended as follows:
"Minor rain event" means less than 3/4 inches of rain in a 24-hour period.
"Significant storm event" means more than 3/4 inches of rain in any 24-hour
period.
Section 10. Section 15.10.060 (Grading Permit Requirements) of the Newport
Beach Municipal Code is subsection D. by the addition of item 9.
Section 15.10.060 subsection D. of the Newport Beach Municipal Code is hereby
amended to add subsection (D)(9) as follows:
9. On flat and sloped sites, the top of any exterior foundation shall extend
above the elevation of the street putter at point of discharge or the inlet of
an approved drainage device not less than twelve (12) inches plus two (2)
percent except for garage and carport space. Alternate elevations are
permitted subject to the approval of the building official, provided that it
can be demonstrated that required drainage to the point of discharge and
awav from the structure is provided at all locations on the site.
Section 11. Subsection (E) of Section 15.10.120 (Drainage and Terracing) is
hereby amended to read as follows:
10-160
1. Disposal. All drainage facilities and grading shall be designed to contain
concentrated and surface sheet flow waters from dry -weather run off and minor
rain events within the site, unless the Bbuilding Oefficial determines this to be
detrimental to structures due to site conditions. Where the Bbuilding Oefficial
makes this determination, the building official may require that water is filtered
before discharge into the City public drainage system. All buried pipe shall be
constructed of ABS, PVC, or PE plastic pipe of SDR 35 or Schedule 40 -tested
material. All pipe joints shall be glued. Buried pipe shall be sized according to the
California Plumbing Code, a minimum of four inches trade size unless approved
by the Bbuilding Oefficial. If drainage facilities discharge onto natural ground,
riprap or conversion to sheet flow may be required in order to contain as much of
that water as possible within the site.
2. Drainage water from a newly graded ora regraded site shall be directed from
a privately owned property directly to the public drainage system. Drainage water
from a newly graded or a regraded site shall not drain across a property line onto
another property without a recorded drainage easement on the adjacent
property.
3. Reconstruction or grading of an existing residential property that does not
require a Water Quality Management Plan shall require grading/drainage for
additions and/or modifications to existing properties including the construction of
patios, decks, roof drains, downspouts, putters, or substantial grading remodel.
Such grading/drainage and/or modifications shall be designed to retain and/or
direct urban runoff into planted/permeable areas. Curb drains and subsurface
piping shall be permitted for secondary or overflow of hardscape or planted areas
to prevent dwellings from flooding due to significant storm events only. Curb drains
may be used to correct existing drainage problems on a case-by-case basis after
all reasonable alternatives are explored. Curb drains, when approved, shall have
a French drain system of perforated pipe and gravel unless site-specific
circumstances endanger public safety so as to prohibit its use as determined by
the Public Works Director and/ or the project soils engineer.
4. Drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or
greater) wherever practical. The design shall include:
a. Hydrological and hydraulic calculations in conformance with the latest edition
of the Orange County Drainage Design Manual;
b. Subsurface piping system utilizing approved piping materials which incorporate
sealed joints;
47
10-161
c. The drainage system shall have a French drain system of perforated pipe and
gravel, or similar device to percolate low flow urban runoff unless site-specific
circumstances endanger public safety or improvements so as to prohibit its use as
determined by the Public Works Director and/ or the project soils engineer does not allow
percolation; and
d. Any permitted flow shall not create continuous standing water within City street
gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such
as odor or algae growth. The property owner will accept responsibility to maintain the
slope drainage facility and will execute a non-standard permit agreement with the City.
The City reserves the right to revoke this agreement at any time for non-compliance.
5. Permanent sump pump discharges may be permitted as follows:
a. Permitted sump pump discharge shall be filtered and piped directly to the City's
storm drain system. Connections to the city's storm drain shall be in accordance with City
standards and executed under a valid encroachment permit from the Public Works
Department.
b. The permittee and the City have executed a non-standard permit agreement
which authorizes the Citv to revoke the aermit at anv time for non-compliance.
c. Discharges from permanently installed sump pumps of basement garage spaces
(areas with motor vehicle storage) shall not be permitted within the public right of way.
d. Storage areas and living areas below natural grade as permitted by the Building
Division may discharge sump pump flow into the City's street drainage system provided
that:
Q The property owner show evidence of all approved permits as required by the
Regional Water Quality Control Board and other jurisdictional agencies;
(ii) The discharge flow must not be continuous and be shown to be less than five
(5) gallons per day; and
(iii) The permitted flow shall not create continuous standing water within City street
gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such
as odor or algae growth.
6. Construction dewatering as permitted by the Building Division may discharge
pump flow into the City's street drainage system provided that:
10-162
a. The property owner show evidence of all approved permits as required by the
Regional Board and other jurisdictional agencies;
b. The permitted flow shall not create continuous standing water within City street
putters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such
as odor or algae growth; and
c. An encroachment permit is executed in accordance with City Council Policy L-
6, including authorization for the City to revoke this permit at any time for non-
compliance.
SECTION 912. Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety and replaced with the followingameRded
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Standards
Section 15.11.010 Adoption of the 2016 California Green Building Standards
Code_
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016-2019 Edition of the California Green Building Standards Code.
The various parts of this cGode, along with the amendments and deletions adopted in this
section, shall constitute and be known as the Newport Beach Green Building Standards
Code. A copy of the 2015 2019 California Green Standards Code shall be kept on file in
the office of the City Clerk.
SECTION 13. Chapter 15.13 (Historic Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
10-163
Section 15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2010 2019 Edition of the California Historical Building Code, California Code
of regulations Title 24, Part 8 and all national codes and standards referenced therein to
the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Historical Building Code. A copy of the 201-6 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
SECTION 14. Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Sections:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code
Section 15.14.010 Adoption of the California Existing Building Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2-0462019 Edition of the California Existing Building Code, California code
Code of reg ilatmenc Regulations toe-Ti-� 24 par -Part 10, appendix Appendix A, Chapter
A-1, A-2 and A-3,—and all national codes and standards referenced therein to the
prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Existing Building Code. A copy of the 2016 2019 California Existing
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
SECTION 15. Chapter 15.17 (Energy Code) is added to the Newport Beach
Municipal Code to read as follows:
Sections:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code
50
10-164
Section 15.17.010 Adoption of the California Energy Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016-2019 Edition of the California Energy Code, California Code of
Regulations Title 24, Part 6 and all national codes and standards referenced therein to
the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2-016 2019 California Energy Code, printed
in code book form, shall be kept on file in the office of the City Clerk.
51
10-165
Attachment F
Redline Version of Fire Code Amendments
10-166
ORDINANCE NO. 2019-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING TITLE 9
(FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE 2019 EDITION OF THE
CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24,
PART 9 OF THE CALIFORNIA CODE OF REGULATIONS,
WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property.
The BSC has advised local jurisdictions that the State of California ("State") will adopt the
2019 Edition of the California Fire Code ("CFC");
WHEREAS, the 2019 CFC is based on the 2018 International Fire Code. The CFC
published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in
effect by January 1, 2020. In order to include local amendments and enhance life safety
and property protection, the City must complete its adoption process thirty (30) days prior
to implementation. The adoption of the 2019 CFC into the Newport Beach Municipal
Code ("NBMC") provides for an orderly administration of the 2019 CFC by the City's
Building and Fire Code officials;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2019 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions. In accordance with California
Health and Safety Code Section 17958.7, any modifications made via local ordinance
must be filed, along with the findings thereto, with the BSC. These local changes will be
incorporated into Title 9 of the Newport Beach Municipal Code;
10-167
Ordinance No. 2019-18
Page 2 of 35
WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their
entirety as indicated in this ordinance and replaced with each of these modifications to
the State code that are correlated with the findings in Resolution No. 2019-_ adopted by
the City Council of the City of Newport Beach on November 5, 2019. When approved,
the ordinance and accompanying resolution will be forwarded to the BSC and the
California Department of Housing and Community Development in compliance with the
above mentioned code sections;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute to be known
as the Newport Beach Fire Code;
WHEREAS, all prior references to the former Newport Beach Fire Code shall be
construed to apply to the corresponding provisions of the Newport Beach Fire Code
contained herein; and
WHEREAS, the 2019 Edition of the California Fire Code is similar to the 2016
version; the attached ordinance contains similar provisions as adopted by the City Council
in 2016. Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 9.04
FIRE CODE*
9.04.010
Adoption of the 2019 California Fire Code.
9.04.020
Amendment of Section 108.6 Overcrowding.
9.04.030
Amendment of Section 110.4 Violation Penalties.
9.04.040
Amendment of Section 112.4 Failure to Comply.
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendment to Section 305 Ignition Sources.
9.04.070
Amendments to Section 307.4.2 Beach, Camp, and
Recreational Fires.
9.04.080
Amendments to Section 308. 1.1 Fireplace.
9.04.090
Amendments to Section 308.1.6.3 Sky Lanterns.
10-168
Ordinance No. 2019-18
Page 3 of 35
9.04.100 Addition of Section 321 Geological Surveys.
9.04.110 Amendments to Section 503.2.1 Dimensions.
9.04.120 Amendments to Section 503.2.4 Turning Radius.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
9.04.140 Amendments to Section 503.2.7 Grade.
9.04.150
Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160
Amendments to Section 503.6 Security Gates.
9.04.170
Amendments to Section 505. 1.1 Premises Identification.
9.04.180
Amendments to Section 506 Key Box Contents.
9.04.190
Amendments to Section 510.1 Emergency Responder Radio
9.04.320
Coverage in New Buildings.
9.04.200
Deletion of Section 510.2 Emergency Responder Radio
9.04.340
Coverage in Existing Buildings Design.
9.04.210
Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220
Amendments to Section 510.5.1 Approval Prior to
Installation.
9.04.230
Amendments to Section 510.5.2 Minimum Qualifications of
Personnel.
9.04.240
Amendments to Section 510.5.3 Acceptance Test
Procedure.
9.04.250
Amendments to Section 510.6.1 Testing and Proof of
Compliance.
9.04.260
Addition of Section 511 Building Information.
9.04.270
Amendments to Section 903.2 Where Required.
9.04.280
Amendments to Section 903.2.8 Group R.
9.04.290
Amendments to Section 903.3 Installation Requirements.
9.04.300
Amendments to Section 907.1 General.
9.04.310
Amendments and Additions to Section 912.1 Fire
Department Connections.
9.04.320
Amendments to Section 912.2 Location.
9.04.330
Amendment to Section 1203. 1.1 Stationary Generators.
9.04.340
Amendments to Section 3602 Definitions.
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9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370 Amendments to Section 3604.2 Standpipes.
9.04.380
Replacement to Chapter 49 Requirements for Wildland-
Urban Interface Fire Areas.
9.04.390
Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400
Amendments to Section 5004.1 Maximum Quantity on Site.
9.04.410
Amendments to Section 5601.1.2 Explosive Material
Terminals.
Buildings.
9.04.420
Amendments to Section 5601.1.3 Fireworks.
9.04.430
Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440
Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450
Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460
Amendments to Appendix B Fire -Flow Requirements for
Buildings.
9.04.470
Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2019 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as the
"California Fire Code 2019 Edition," and the whole thereof including the matrix adoption
tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N therein, errata
issued during and after publishing date, save and except such portions as are hereinafter
deleted, added or amended which shall collectively be known as the "Newport Beach Fire
Code." A certified copy of the California Fire Code shall be kept on file in the Office of the
City Clerk of the City of Newport Beach and open for public inspection.
Section 9.04.020 Amendment of Section 108.6 Overcrowding.
Section 108.6 Overcrowding is amended by adding Section 108.6.1 to read as follows:
108.6.1 Occuaant Count. The supervisor of each Dlace of
assembly shall have an effective system to keep count of the
number of occupants Dresent in the assemblv area.
Section 9.040.030 Amendment of Section 110.4 Violation Penalties
Section 110.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
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110.4 Violation penalties. Persons who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall
erect, install, alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a [SPECIFY
■ ■FFENSE]s punishable by a fine of net mere than [AMOUNT] rlellars er by
im nrisenment net evneedin`r [NUM- BER OF DAYS], � ier beth snh fine and
served shall be deemed a separate offense and liable in accordance with
the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 112.4 Failure to Comply.
Section 112.4 is amended to read as follows:
Section 112.4 Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine of net nett- less than [AMOUNT] dollars err more
[AMOUNT] dollars. In accordance with the Newport Beach Municipal
Code Title One 1.04.010 "Violation, Penalties and Enforcement."
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the
closed end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-
made, where plant materials and natural fuels have been treated, reduced,
or modified to slow the rate and intensity of an advancing wildfire, and to
create an area for firefighters to suppress fire and protect structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be
secured. A dock may be fixed to the shore or fixed on pilings, or may float
in thin XAiatar
FUEL MODIFICATION PLAN: An approved plan which identifies specific
fuel modification zones within a property are subject to fuel modification.
Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary to
achieve the minimum acceptable level of risk to structures from fires in
combustible vegetation.
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FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel
modification plan that increases the likelihood that a structure will survive a
wildfire, improve the defensible space around the structure for firefighting
activities, and prevents direct flame contact with structures. Vegetation
includes native and ornamental plants, non-native naturalized annual
grasses, and other invasive or naturalized species. Fuel modification
activities can include removal, partial or total replacement of existing plants
with adequately spaced drought -tolerant and fire-resistant species, and
thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the
Fire Chief in which structures directly abut a wildland space on one or more
sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the California
Government Code Section 51179, and by City of Newport Beach ordinance,
which contains the type and condition of vegetation, topography, climate
and structure density which potentially increases the possibility of
uncontrolled fire spread through vegetative fuels threatening life or property.
For the purposes of this code, Local Agency Very High Fire Hazard Severity
Zones shall be considered to be Very High Fire Hazard Severity Zones as
defined in Government Code Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in which
development is essentially nonexistent, except for roads, railroads, power
lines and similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where
improved property intersects with wildland or vegetative fuels.
9.04.060 Amendments to Section 305 Ignition Sources.
Section 305 is amended by adding the following:
305.6 Vegetation. Weeds, grass, vines or other growth that is capable of
being ignited and endangering property, or is located within 10 feet (3.048
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m) of a chimney outlet, shall be cut down and removed by the property
owner. Vegetation modification requirements in wildland-urban interface
areas shall be in accordance with Section 4901 et seg. of this code.
305.7 Clearance of brush or vegetation growth from roadways. The fire
code official is authorized to cause areas within 10 feet (3.048 m) on each
side of portions of highways and private streets which are improved,
designed or ordinarily used for vehicular traffic to be free of flammable
vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used as
around covers. arovided that thev do not form a means of readilv
transmitting fire.
305.8 Notification and abatement procedures.
305.8.1 Notice. Uncontrolled or high weeds, brush, plant material, fire
hazards, or other items prohibited under this code increase the danger of
fire and thus constitutes a fire hazard. If such condition exists, the fire code
official shall give notice to the owner of record to abate the hazard within
thirty (30) calendar days.
The notice shall state that the property owner is required to abate the fire
hazard and that if the hazard is not abated the City may take further action
which can include, (1) the City, or its contractor, may enter upon the parcel
of land and remove or otherwise eliminate or abate the hazard, (2) that upon
completion of such work the cost thereof, including administrative costs, can
be billed to the property owner or can become a special assessment against
that parcel, and (3) that upon City Council confirmation of the assessment
and recordation of that order, a lien may be attached to the parcel to be
collected on the next regular property tax bill levied against the parcel.
305.8.2 Commencement of abatement proceedings. Whenever the fire
code official determines that a fire hazard exists, and the owner of a
property fails to properly abate hazard in locations adjacent to grass or
brush covered land which are located in hazardous fire areas, the fire code
official is ordered to take appropriate correction actions based upon those
findings.
305.8.3 Service of notice. The fire code official shall notify the property
owner of affected properties as shown on the latest equalized tax
assessment roll by certified mail, of the specific conditions that constitute a
fire hazard and that the City will take action to abate the fire hazard. Notices
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shall be mailed not less than fifteen (15) calendar days prior to the date of
the proposed abatement.
Failure of any property owner, or any party concerned to receive a notice
shall not affect the validity of any proceeding taken, if the procedure for
service of notice has been followed.
305.8.4 Appeal. The property owner may appeal the decision of the fire
code official regarding the fire code official's determination that a fire hazard
exists by sending a written appeal to the fire code official within ten (10)
calendar days of the mailing of the notice. The matter will be heard by the
Building and Fire Board of Appeals as specified in Section 15.80 of the
Newport Beach Municipal Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of
the fire code shall be held before the fire code official or Fire Chief who shall
hear all facts and testimony he/she deems pertinent. The facts and
testimony may include testimony on the condition of the property and
circumstances related to the fire hazard. The owner of the land may appear
in person or present a sworn written statement in time for consideration at
the hearing. The fire code official or Fire Chief may impose such conditions
and take such other action, as he/she deems appropriate to carry out the
purpose of the provisions of this chapter. The decision of the fire code
official or Fire Chief shall be final and shall be sent to the property owner
via certified mail to the owner's address on the latest equalized tax
assessment roll within thirty (30) calendar days.
305.8.6 Private property abatement. If any order of the Fire Chief or the
fire code official is made pursuant to this ordinance and is not complied with
within the period designated, the City may then cause such work to be done
to the extent necessary to eliminate the fire hazard and other substandard
fire conditions that are determined to exist.
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305.8.7 Emergency private property abatement. When in the opinion of
the fire code official a substandard structure or substandard property is an
immediate hazard to life and property, and the fire code official makes
written findings to the effect that abatement of such a fire hazard requires
immediate action, the fire code official may then cause such work to be done
to the extent necessary to eliminate the hazard. At least twenty-four (24)
hours prior the abatement, the fire code official shall attempt to contact the
Property owner to inform the property owner of the work to be done and
request their assistance or immediate voluntary removal of the hazard. After
the work is performed, the fire code official shall post a notice and mail to
the property owner information regarding the nature of the work performed.
Any individual aggrieved by the action of the fire code official under this
section, may appeal the determination of the action to the Fire Chief, except
that the appeal shall be filed within ten (10) calendar days from the date of
mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards shall become a special
assessment against the property. In addition to the above costs, an
administrative processing fee established by resolution of the Council of the
City of Newport Beach, shall be assessed against each parcel for City
incurred costs associated with abatement. An additional inspection fee shall
be established by resolution of the Council of the City of Newport Beach for
charges related to inspection services for vegetation hazard identification.
The schedule for such fees shall be maintained on file in the City Clerk's
office _
The fire code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 3877.3.5. The property owner may appeal the
fire code official's assessment by sending a written appeal to the fire code
official within fifteen (15) calendar days of the mailing of the notice. Any
appeal regarding the reasonableness of the assessment of costs shall be
heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid
within thirty (30) calendar days after mailing of such notice or after a
decision has been rendered on any appeal, the property owner shall be
billed. If unpaid, such charges shall be placed as a special assessment on
the tax bill for the property pursuant to the procedures set forth in Section
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38773.5 of the Government Code which is incorporated herein by this
reference.
305.8.9 Other abatement procedures. The provisions of this ordinance
shall not in any manner limit or restrict the City from enforcing City
ordinances or abating public nuisances in any other manner provided by
law.
9.04.070 Amendments to Section 307.4.2 Beach, Camp, and Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, camp, and recreational fires. No person shall make,
set, or maintain any beach or camp/recreational fire at any beach, park, or
other public place within the City except in areas where proper containers
are provided for such fires by the City and where City signs are plainly
posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Fireplace.
Section 308.1.1 is amended by adding Section 308.1.1.1
Section 308.1.1.1 Fireplace. No fireplace that uses flammable or
combustible liquid as a fuel source shall be allowed inside or outside a
structure. except outside for R3 occuoancv is allowed.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns.
Section 308.1.6.3 is amended as follows:
308.1.6.3. Sky lanterns. A person shall not use or release or Gause to ho
releasod an untethered sky any sky lantern in the City of Newport Beach.
9.04.100 Addition of Section 321 Geological Surveys.
Section 321 is added as follows:
SECTION 321 GEOLOGICAL SURVEYS
321.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
321.2 Geological surveys. The fire code official may require the submittal
for review and approval of geological studies, evaluations, reports, remedial
recommendations and/or similar documentation from a state -licensed and
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department approved individual or firm, on any parcel of land to be
developed which:
1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active,
inactive, or abandoned oil or gas well operation, petroleum or chemical
refining facility, petroleum or chemical storage;
2. May contain or give off toxic, combustible or flammable liquids, gases,
or vapors; or
3. Modifications to existing systems.
9.04.110 Amendment to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6096 )6( 1
shoulders, evnept for and shall not be less than 26 feet (7.92 m) within 30
feet (9.14 m) of a fire hydrant, except when the road passes through
approved security gates in accordance with Section 503.6. Roads shall
have an unobstructed vertical clearance of not less than 13 feet 6 inches
9.04.120 Amendment to Section 503.2.4 Turning Radius.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The required turning
radius of a fire apparatus
anness mart shall he determined by the fire Gode effinial The turning
radius for fire apparatus access roads shall be not less than 20 feet (6.1
m) inside radius and 40 feet (12.2 m) outside radius.
Exception: Cul-de-sacs with center obstructions may
require larger turning radius as approved by the fire code
official.
9.04.130 Amendment to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150
feet (45 72C)F "''` 60.96 m in length shall be provided with an approved
area cul-de-sac for turning around fire apparatus without backing up.
9.04.140 Amendment to Section 503.2.7 Grade.
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Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The grade of the gradient for a fire apparatus access road
shall be w0thiR thee limits established by the fire Gode official based on the
fire department's apparatus not exceed ten percent.
9.04.150 Amendment to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic calming devices. Any traffic calming devices shall be
nrehihited unless in required access roadways when approved by the fire
code official, shall be in accordance with the Newport Beach Public Works
Department's Neighborhood Traffic Management Policy.
9.04.160 Amendment to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
Vehicle access SecuritjF gates. Vehicle access gates or barriers installed
across a fire apparatus access roads shall be approved by the fire G
effinial Where se ritY gates are installer! y shell have an approved
vnTcrcxr—rv�-re�{�cC�nry-�uc����-rcc� ca
designed,
GORstruGted and
nstalled to Gomply with in accordance with the City's Guidelines and
Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates,
and Barriers. The minimum width of any gate or opening necessary or
required as a point of access shall be not less than 14 feet (4.27 m)
unobstructed width. This minimum width may be increased deaendina on
the requirements length of ASTM F=22 the approach.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall the
numbers be less than six inches (152 mm)in height with a one -inch (25
mm) stroke. Address numbers shall contrast with their background, and
shall be either internally or externally illuminated to be visible at night. All
multi -unit residential and commercial buildings shall have numbers or
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addresses place above or immediately adjacent to all doors that allow fire
department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key box contents. When a Key box is required the following types
of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or exterior of the
building.
B. Keys to locked mechanical equipment rooms.
C. Kevs to locked electrical rooms.
D. Kevs to elevator controls.
E. Kevs to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in
New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new
buildings shall have approved radio coverage for emergency responders
within the building based upeR on the existing coverage levels of the public
safety communication systems utilized by the jurisdiction, meas ,rorJ of the
jurisdiction at the exterior of the building. This section shall not require
improvement of the existing public safety communication systems. The
emergency responder radio coverage system shall comply with the
requirements of the Orange County Sheriff's Department, Communications
and Technology Division, and where the functionality of performance
requirements in the California Fire Code are more stringent, this code.
Exceptions:
1. Where it is determined by the fire code official that the radio coverage
system is not needed.
2. In facilities where emergency responder radio coverage is required and
such systems, components or equipment required could have a negative
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impact on the normal operations of that facility, the fire code official shall
have the authority to accept an automatically activated emergency
responder radio coverage system.
This chapter shall not apply to the following:
1. Existina buildinas or structures.
2. One and two familv dwelli
'� Flavatnrc
4. Structures that are three stories or less without subterranean storage or
parking and that do not exceed 50,000 square feet on any single story.
5. Wood -constructed residential structures four stories or less without
subterranean storage or parking which are not built integral to an above
ground multi -story parking structure.
For structures that are three stories or less in height, that do not exceed
50,000 square feet on any single story, but includes subterranean parking
or storaae, this ordinance shall aaDly only to the subterranean areas.
9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in
Existing Buildings.
Section 510.2 is deleted in its entirety.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
Section 510.4.2.2 is amended to read as follows:
510.4.2.2 Technical criteria. The fire code official shall maintain a
document providing the specific technical information and requirements for
the emergency responder Gnmmi,RiGations radio coverage system. This
document shall contain, but not be limited to, the various frequencies
required, the location of radio sites, the effective radiated power of radio
sites, the maximum propagation delay in minrncenn ids the appliGatinns
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r r r
1. The frequency range supported from the 800MHz Countywide
Communications System shall be 851-824 MHz (base transmitter
frequencies).
2. The frequency range supported from the 800MHz Countywide
Communications System shall be 806-824 MHz (radio field transmit
frequencies).
3. The public safety radio amplification system shall include filters to refect
frequencies below 851 MHz and frequencies above 869 MHz by a minimum
of 35dB.
4. All system comaonents must be 100 percent compatible with analoa and
digital modulations after installation, without adjustments or modifications.
The systems must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range
subseauentiv established by the iurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order intermodulation
protection.
6. All active in -building coverage devices shall be FCC Part 90 certified.
9.04.220 Amendment to Section 510.5.1 Approval Prior to Installation.
Section 510.5.1 is amended to read as follows:
510.5.1 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC
or other radno loGeRSiRgauthority shall not be installed without prior
coordiRatiOR and approval of plan submittal, coordination, and approval
from the Orange County Sheriff's Department (OCSD) Communications
Division; with a copy provided to the fire and building code official.
9.04.230 Amendments to Section 510.5.2 Minimum Qualifications of
Personnel.
Section 510.5.2 is amended to read as follows:
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510.5.2 Minimum qualifications of personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both of the following:
1. A valid FCC -issued general radio operators license.
2. Certification of in -building system training issued by an approv
ergan,Tz-tio e�'�or a nationally recognized organization,
school or a certificate issued by the manufacturer of the equipment being
installed.
9.04.240 Amendments to Section 510.5.3 Acceptance Test Procedure.
Section 510.5.3 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
510.5.3 Acceptance test procedure. Where When an emergency
responder radio coverage system is required, and upon completion of
installation, the building owner shall have the radio system tested to-veri#y
by a qualified FCC licensed third party technician to ensure that two-way
coverage on each floor of the building is not loss thin a minimum of 95
percent. The test procedure shall be conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of
Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and proof of compliance. The owner of the building or
owner's authorized agent their representative shall have the emergency
responder radio coverage system shall be inspected and tested annually or
where whenever structural changes occur including additions or remodels
that could materially change the original field performance tests. Testing
shall consist of the following:
1. in_building GOyo�etoc�c�eSGribed o �vo�nn 510. F � 2 -.Signal
u �T
boosters shall be tested to vefify ensure that the gain is the same as it was
upon initial installation and acceptance or set to optimize the performance
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of the system. In -building system components shall be tested to determine
general function operability. If noncompliance is found, the FCC licensed
technician will assess improvements necessary and provide such
information to OCSD Communications, and the fire and building code
official.
3 2. Backup batteries and power supplies shall be tested under load of for
a period of 1 hour to verify that they will properly operate during an actual
power outage. If within the 1 -hour test period the battery exhibits symptoms
of failure, the test shall be extended for additional 1 -hour periods until the
integrity of the battery can be determined.
4 3. All other active components shall be checked to verify operation within
the manufacturer's specifications.
5 4. At the conclusion of the testing, a certification report, which shall verify
compliance with Section 510.5.3, shall be submitted to OCSD
Communications and the fire and building code official.
9.04.260 Addition of Section 511.1 BUILDING INFORMATION.
Section 511.1 is added to read as follows:
SECTION 511.1 BUILDING INFORMATION
511.1 Building information. The fire code official is authorized to require
a cabinet for onsite storage of pre -plans and other building information that
is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.2 Where required. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the following locations
scribed OR SeEtieos903.2.1 through 9032.: "Building Area" as used
in this section shall mean gross building area enclosed within exterior walls.
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1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall also
be installed in all occupancies when the total building area exceeds 5,000
square feet (465 m2), unless more restrictive requirements are required by
other provisions of the code.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing building
when anv of the followina conditions exists:
a. When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m2),
b. When an additional story is added above the second floor regardless of
fire areas or allowable are.
c. When an addition is added and the existing building is already provided
with an automatic fire sprinkler system.
d. More restrictive requirements are required by other provisions of the
code.
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows, with related subsections
remaining unchanged unless expressly modified by this ordinance:
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
throuahout all new buildinas.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. An addition when the increase in building size is 2,000 sq. ft. or more
and exceeds 50% of the area of the existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
Exceptions:
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1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
and not housing bedridden clients, not housing non-ambulatory clients
above the first floor, and not housing clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
housing only one bedridden client and complying with Section 435.8.3.3 of
the California Building Code.
3. Pursuant to Health and Safety Code, Section 13113, occupancies
housing ambulatory children only, none of whom are mentally ill children or
children with intellectual disabilities, and the buildings or portions thereof in
which such children are housed are not more than two stories in height, and
building or portions thereof housing such children have an automatic fire
alarm system activated by approved smoke detectors.
4. Pursuant to Health and Safety Code, Section 13143.6, occupancies
licensed for protective social care which house ambulatory clients only,
none of whom is a child (under the age of 18 years), or who is elderly (65
years of age or over).
When not used in accordance with area or height inGreases for itomatin
fire sprinklers allowed in Section 504.2 or 506.3 of the California Building
Code, an automatic sprinkler system installed in accordance with Section
903.3.1.2 shall be allowed in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with Section
903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.8 and in accordance with Citv's Guidelines and Standards F.02
Fire Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
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907.1.6 System design. No building shall have more than one fire alarm
panel. All fire detection and protection devices shall operate and be
connected to the buildina fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible
indicator that displays the status of the detector. When a detector is
located in a space above a droa ceilina, an indicatina liaht shall be
provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm
system capable of showing the approximate location of all activating
devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall
be approved by the fire code official. All fire department connections
shall be listed assemblies. Fire department inlet connections shall be
painted OSHA safety red unless otherwise approved by the fire code
official. When the fire flow demand of a sprinkler system is 500 qpm or
greater, including the interior hose stream demand if a standpipe system
is installed, four 2 1/2" inlets shall be provided.
9.04.320 Amendment to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than 100 feet (30.48 m) from a
public hydrant. When possible, the fire department connection shall be
located 30 feet (9.14 m) minimum from beginning of radius for driveway
approach. The location of fire department connections shall be
approved by the fire code official.
9.04.330 Amendment to Section 1203.1.1 Stationary Generators.
Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows:
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1203.1.1.1 Emergency power outlets. Provide and install electrical outlets
(120 volt, duplex) that are connected to the emergency generator
circuitry/system when a generator is required by Section 1203.2 of the
California Fire Code in every fire control room and in other areas as may be
designated by the fire code office. Emergency outlets shall be placed in the
followina locations:
1. In the main exit corridor of each floor adjacent to each exit
enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
6. In such other areas as may be designated by the fire code
official.
9.04.340 Amendments to Section 3602 Definitions.
Section 3602.1 is amended to add the following:
DOCK.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas
shall be arranged such that a vessel occupying a slip can be readily
removed in an emeraencv without the necessitv of movina other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need
of an action plan providing the length of the tender or dinghy does not
exceed the width of the vessel's beam.
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2. Vessels with beams of less than 14 feet are permitted to have a
tender or dinghy, up to a maximum of 14 feet in length, tied to the
vessel's stern.
3603.6.2 Permitted multiple berthing. A permit may be issued for
multiple berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An
action plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire.
b. The person is responsible for moving the vessels.
c. Where the vessels will be relocated to after 1800 hours.
d. How employee training and emergency communications are being
provided.
2. The multiple berthing is necessary for a special event or other
extenuating circumstances and will occur for a limited period of time,
which shall be approved by the fire code official and per City's
Guidelines and Standards A.10 Multiple Berthing and/or Rafting at
Special Events.
9.04.360 Amendment to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, and wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing five or more vessels
and marine motor vehicle fuel dispensing faEilities stations shall be
equipped with fire protection equipment in accordance with Sections
3604.2 through 3604.6.
9.04.370 Amendment to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
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3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than 150 feet from a fire apparatus access road, it shall be
equipped with a Class III standpipe system installed in accordance with
NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for
Marinas, Wharfs, and Piers. Marinas and heatyards shall he equipped
th-e, ghe, it with standpipe sysrerns in annerdann a wTth NFPA 303
Systems shall be preyided with hese nennentiens Ionated s, ieh that no
point on the marina pier or float system evnee-ds 150 feet (15 240 mm)
from a standpipe hose Gennention
9.04.380 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 GENERA REDUCTION OF BRUSH FROM
STRUCTURES
4901.1 Scope.
property losses shall pomphi with this nhapter. Each person or entity who
owns, leases, controls, operates, or maintains any parcel of land within
a designated Hazard Reduction Zone or Local Agency Very High Fire
Hazard Severity Zone shall comply with the requirements of this chapter
to mitigate the conditions where vegetative fuels may readily transmit
fire to buildinas and threaten to destrov life. overwhelm fire suppression
capabilities, or result in large property losses.
4901.2 Purpose.
use of perfermanne and prescriptive requirements. The purpose of this
code is to provide minimum vegetative maintenance standards to
reduce the severity of exterior wildlife exposure to buildings, and to
decrease the exposure from a building fire to the wildland-urban
interface area.
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4901.3 General. Persons owning,leasing, controlling, operating, or
maintaining buildings or structures requiring defensible spaces shall be
responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local
Agency Very High Fire Hazard Severity Zones located within the City of
Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Gel. Definitions. For the
purpose of chapter, certain
terms are defiRed as follows: The following terms are defined in Chapter
2.
DEFENSIBLE SPACE.
-- -- - - - - - - -- - - - - - -- --- -- - ---
■M I
■ •
. . M', ■
I All1 1 .
Severity Zones On the State Responsibility 1
rea of California."
FUEL MODIFICATION PLAN.
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FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL. -D SEVERITY ZONE.
■ •ImEmmamMIM 1111 01011 -MIN _1111
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WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA. A geographiGal area
4044,
.,
SECTION 4903 PL^"'�S€1RV€D] MAINTENANCE OF FUEL
MODIFICATION ZONES, HAZARD REDUCTION ZONES, AND
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction
Zones, and Local Agency Very High Fire Hazard Severity Zones not in
compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
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4903.2 Fuel Modification Zone. All elements of the fuel modification
zone shall be maintained in accordance with the approved plan and the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard for Developments" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard
Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction
Zone shall be maintained in accordance with the City's Guidelines and
Standards G.01 "Hazard Reduction Zones."
SECTION 4904 FIRE HAZARD SEVERITY ZcvnlEv CONSTRUCTION
REQUIREMENTS WITHIN HAZARD REDUCTION ZONES, AND
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES
4904.1 General. Lands iR the state are ^Glassified by the GDF DireGtO
AG+^ Ge with the severity of wildfire hazard expeGted tri pro"�il in
thenarand the recnensihility fer fire pre eGtiee e measures
mures
may be identifiedGh will redUGe the e}entia I fer lresses to lirfreu-,
nrenert" and reseur^es from wildfire In addition to the regulations found
in Chapter 7A of the California Building Code and other relevant sections
of the California Building Code, all new construction and existing
structures that are increased in size by 2,000 square feet or more and
exceed 50% of the area of the existing structure located on parcels of
land within the City of Newport Beach Hazard Reduction Zone and Local
Agency Very High Fire Hazard Severity Zones shall be built in
accordance with the regulations found in Section 4904 and 4905 of this
code. nC {;
,,
4904.2 Class f catmons. Authority. The DFD,ireGtor �os:iitesbrands
mte fi�aza�sevority � 5�aG^e��th California R ihli^
Rec�rGec��e 'SeGti � s 4201 through 4204 for Respensibi4ty
Areas and aGGordanGe with GovemmeRt Code, SectiORs 51175 through
51189 for areas where a loGal age—, is responsible for fore proteGtion.
The Fire Chief shall have the authority to designate all Hazard Reduction
Zones, and the City Council shall adopt, by ordinance, the Local Agency
Vert/ High Fire Hazard Severity Zone pursuant to Government Code
Section 51179(a).
4904.3 Fuel Modification Requirements for New Construction. All
new structures located on parcels of land which are designated Hazard
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Reduction Zones or Local Agency Very High Fire Hazard Severity Zones
shall comply with this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or more
and exceed 50% of the area of the existing structure located on parcels
of land which are designated Hazard Reduction Zones or Local Agency
Very High Fire Hazard Severity Zones shall comply with this section.
4904.3.2 Plans. Fuel modification plans shall be submitted to and
approved by the fire code official prior to the issuance of a building
permit. The plans shall be developed using the criteria set forth in the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard" and G.04 "Fuel Modification Plans and
Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if
conditions change. Any alterations to the fuel modification plan shall be
approved by the fire code official.
4904.3.4 Issuance of grading or building permits. No grading permit
or building permit shall be issued for new and qualifying additions to
existing structures prior to approval by the fire code official of the
submitted fuel modification plan as required by this section.
4904.3.5 Street widths. The minimum width of private and public streets
shall not be less than 28 feet (8.53 m). Private streets and driveways
serving no more than three dwellings and not exceeding 150 feet (45.72
m) in length shall not be less than 24 feet (7.32 m) in width.
SECTION 4905 WILDFIRE PROTECTION BUILDING
CONSTRUCTION FEATURES
4905.1 Geral Proximitv to oroaerty lines.
eyennihelm firecinn�rec?inn�n GapabiilTties,or result in large property
losses. New structures built to the requirements of Section 7A of the
California Building Code shall not be less than three feet (.915 m) from
an adjacent property line. Areas shall be maintained free of obstructions
at all times.
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Exception: Refuse cans for residential use.
4905.2 Construction methods and requirements within establish
MvAs Combustible construction prohibited. WothiR the 10mffit-s
No attached or detached buildings, patio covers, sheds, decks, stairs, or
similar structures shall be built or placed in the 20 foot Zone A setback,
as described in the City's Guidelines and Standards G.02 "Fuel
Modification Plans and Maintenance Standard" unless completely
constructed of non-combustible materials.
SECTION 4906 HAZARDOUS VEGETATION AND F
MANAGEMENT HAZARD REDUCTION ZONE/LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
4906.1 General Map
by appliGable laws and regulatien . The Fire Chief shall cause an official
map of the Hazard Reduction Zones to be prepared. The City Council
shall adopt by ordinance a map of the Local Agency Very High Fire
Hazard Severitv Zones. These maps shall be reviewed. updated or
amended as deemed necessa
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4907.1 General. Defensible space will be maintained around all
buildings and structures in State Responsibility Area (SRA) as required
in Public Resources Code 4290 and "SRA Fire Safe Regulations"
California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very -high Fire Hazard Severity
Zones of a Local Responsibility Areas (LRA) shall maintain defensible
space as outlined in Government Code 51175-51189 and any local
ordinance of the authority having jurisdiction.
4907.2 Eauiament arohibited without a spark arrestor. Except as
otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining Local Agency Very High Fire
Hazard Severity Zones, any internal combustion engine which uses
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hydrocarbon fuel, unless the engine is equipped with a spark arrestor as
defined in Section 4907.4 of the Fire Code and maintained in effective
working order, or the engine is constructed, equipped and maintained
for the prevention of fire pursuant to Section 4907.2 of the fire code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the
exhaust system of engines or vehicles subject to this section shall not
be placed or mounted in such a manner as to allow flames or heat from
the exhaust system to ianite anv flammable material.
4907.4 Spark arrestor design. A spark arrestor is a device constructed
of nonflammable material specifically for the purpose of removing and
retaining carbon and other flammable particles over 0.0232 of an inch
(0.58 mm) in size from the exhaust flow of an internal combustion engine
that uses hydrocarbon fuels or which is qualified and rated by the United
States Forest Service.
4907.5 Spark arrestor exemption for vehicles. Engines used to
provide motor power for trucks, truck tractors, buses, and passenger
vehicles, except motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in the Vehicle
Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted
gases pass through the rotating turbine wheel, there is no exhaust
bypass to the atmosphere and the turbocharger is in effective
mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY
HIGH FIRE HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce
when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry.
Entry on and occupation of Local Agency Very High Fire Hazard Severity
Zones, except public roadways, inhabited areas or established trails and
camp sites which have not been closed during such time when the Local
Agency Very High Fire Hazard Severity Zone is closed to entry, is
prohibited.
Exceptions:
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1. Residents and owners of private property within Local Agency Very
High Fire Hazard Severity Zones and their invitees and quests going to
or beina upon their lands.
2. Entry in the course of duty by peace or police officers, other duly
authorized public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION
ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other
devices, machines or processes liable to start or cause fire shall not be
operated or used in or upon Local Agency Very High Fire Hazard
Severitv Zones. except by permit from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet
(914 m) from grass or brush covered areas.
Flame -employing devices, such as lanterns or kerosene road flares,
shall not be operated or used as a signal or marker in or upon a Local
Agency Very High Fire Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD
REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or
maintained in or upon Local Agency Very High Fire Hazard Severity
Zones and Hazard Reduction Zones, except by permit from the fire code
official.
Exception: Fires located within the property boundary of inhabited
premises or designated campsites where such fires are built in a
permanent barbeque, portable barbeque, outdoor fireplace, incinerator
or grill and are a minimum of 30 feet (9.14 m) from grass or brush
covered areas.
Permits shall incorporate such terms and conditions which will
reasonably safeguard public safety and property. Outdoor fires or
burning shall not be conducted in or upon Local Agency Very High Fire
Hazard Severity Zones or in hazard reduction zones under the following
conditions:
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urface wind speeds are sustained at 20 MPH or wind austs
exceed 25 MPH.
2. When a person age 18 or over is not present at all times to watch and
tend such fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques,
outdoor fireplaces or grills shall not be used for the disposal of rubbish,
trash. or combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in Local
Agency Very High Fire Hazard Severity Zones or hazard reduction
zones shall only use natural gas or propane fuel. Combustible solid fuels
are prohibited regardless if a spark arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained
in good repair and in a safe condition at all times. Openings in such
appliances shall be provided with an approved spark arrester, screen,
lid, or door.
9.04.390 Amendment to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the
fire code official.
9.04.400 Amendment to Section 5004.1 Maximum Quantity on Site.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on site. No person shall use or store any
amount of Extremely Hazardous Substances (EHS) equal to or greater
than the amounts disclosed as listed in Appendix A, Part 355, Title 40,
of the Code of Federal Regulations in a residential zone or adjacent to
property developed with residential uses, unless approved mitigation
measures are implemented and maintained, as required by the fire code
official.
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9.04.410 Amendment to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Explosive materia' terminals Storage of explosives and
blasting agents. in aQ��tto req iir^ ? o s Ghapzcpt
of NFP naQ No person shall store explosives or blasting agents
anvwhere in the Citv of Newaort Beach unless the fire code official has
issued a permit authorizing use and/or storage.
9.04.420 Amendment to Section 5601.1.3 Fireworks.
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. The posisei^TfVTTmlf�aT7aTQ �r^ storage sale -,
handling and use ^f fireworks are pr^hihited No person shall store, use,
sell, possess, or handle fireworks 1 AG, (commonly referred to as "Safe
and Sane") and fireworks 1.3G anywhere in the City of Newport Beach.
Exceptions: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
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..
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9.04.430 Amendment to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail display: Persons shall not Ge�G conduct
a retail display nor offer for sale explosives, explosive materials or
fireworks upon highways, sidewalks, public property properties, or in
Group n or C enni paRGies anywhere in the City of Newport Beach.
9.04.440 Amendment to Section 5704.2.11 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in
any residential district or any residential area of a planned community
district, as defined in Section 20.14.020 of the Newport Beach
Municipal Code.
9.04.450 Amendment to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
5706.4 Bulk plants or terminals. Portions of properties where
flammable and combustible liquids are received by tank vessels,
pipelines, tank cars or tank vehicles and are stored or blended in bulk
for the purpose of distribution distributing such liquids by tank vessels,
pipelines, tank cars, tank vehicles or containers shall he on annerdanGe-
are prohibited within the boundaries of the City of Newport Beach except
as permitted by the fire code official. Approved installations shall comply
with Sections 5706.4.1 through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 is amended to read as follows:
B105.2 Buildings Other Than One -and Two- Family Dwellings,
Group R-3 and R-4 buildings and townhouses. The minimum fire -
flow and flow -duration for buildings other than one -and two-family
dwellings, Grei p R and R-^ buildings s and tewnheu ses shall be as
specified in Tables BI05 2 and 13105.1(2) B105.1 (1).
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Exception: A reduction in required fire flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 L/min.) for the prescribed duration as specified in Table
...
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MIM- IBM.: . .........
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of Newport Beach designates those areas identified in green
on the map attached to the ordinance codified in this section and on file
with the City Clerk as the Local Agency Very High Fire Hazard Severity
Zone for the City in accordance with Section 51179 of the Government
Code.
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