HomeMy WebLinkAbout07 - Building CodeCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. '
Date: January 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Building Department
Faisal Jurdi, Deputy Building Official, 644 -3277, fjurdi @newportbeachca.gov
SUBJECT: Adoption of Amendments to the 2010 California Building Codes and
Newport Beach Municipal Code, and Adoption of the 2009 International
Property Maintenance Code and 2009 Uniform Swimming Pool and Hot
Tub Code
RECOMMENDATION
Conduct second reading to adopt:
1. Ordinance No. 2011 -5 relating to adoption of amendments to the 2010 California Building
Codes and Newport Beach Municipal Code, and adoption of the 2009 International Property
Maintenance Code and 2009 Uniform Swimming Pool and Hot Tub Code; and
2. Resolution No. 2011 -9 setting forth findings for the proposed amendments.
DISCUSSION
Ordinance No. 2011 -5 was considered and introduced at the January 11, 2011, City Council
meeting following staff's recommendation that the City Council adopt the proposed codes and
amendments. The City Council approved the proposed codes and amendments for introduction
and directed staff to clarify the fire sprinkler system requirement for additions and reconstructions
for one- and two- family dwellings. Ordinance No. 2011 -5 reflects City Council's direction that the
requirement for fire sprinklers will apply when the area of the addition and reconstruction exceeds
2,000 square feet and 50% of the size of the floor area of the existing structure. Ordinance No.
2011 -5 also provides that the Building Official may approve alternative methods and materials
when an equivalent or greater level of fire protection is achieved.
ENVIROMENTAL REVIEW
Staff recommends the City Council find this
Quality Act ( "CEQA') pursuant to Sections
reasonably indirect physical change In the
project as defined in Section 15378) of the
Title 14, Chapter 3, because it has no
environment, directly or indirectly.
action is not subject to the California Environmental
15060(c)(2) (the activity will not result in a direct or
environment) and 15060(c)(3) (the activity is not a
CEQA Guidelines, California Code of Regulations,
potential for resulting in physical change to the
PUBLIC NOTICE
Notice has been given consistent with the Brown Act and no further notice is necessary.
Submitted by:
Joel Fick,
Interim Community Development Director
Attachments: Revised Page 15 of Ordinance No. 2011 -5
Counc!K2011t2" staff report codes amendments 1- 25 -11.
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
1. Existing buildings: Notwithstanding any applicable provisions of this code, an
automatic sprinkler system shall be provided in an existing building when the total
area of the addition and reconstruction is 50% or more of the existing building area
and the resulting building area exceeds 5,000 square feet (465 m2).
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.140 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.
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.
The Building Official may approve alternative methods and materials when an equivalent
or greater level of fire protection is achieved.
Section 15.04.150 Amendment to Section 907.2.13
Section 907.2.13 is amended to read as follows:
Section 907.2.13 High -rise buildings having occupied floors located more than 55
feet above the lowest level of fire department vehicle access and Group 1 -2
occupancies having floors located more than 75 feet above the lowest level fire
department vehicle access. High -rise buildings having occupied floors located more
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CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2011 -5
TABLE OF CONTENTS
SECTION 1
Amendments to Chapter 15.02 Administrative Code
SECTION 2
Adoption of Chapter 15.03 International Property
Maintenance Code
SECTION 3
Amendments to Chapter 15.04 Building Code
SECTION 4
Amendments to Chapter 15.05 Residential Code
SECTION 5
Adoption of Chapter 15.09 Swimming Pool Code
SECTION 6
Amendments to the Green Building Standards Code
SECTION 7
Adoption of Chapter 15.12 Post - Disaster Safety Assessment
Placards and Standard for Repair of Damaged Structures
SECTION 8
Amendments to Chapter 15.50 Floodplain Management
SECTION 9
Severability Clause
SECTION 10
Publication
1
Page
2
7
10
20
23
27
28
31
51
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ORDINANCE NO. 2011 -5
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE
15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
AMENDMENTS TO CHAPTER 1 DIVISION II OF THE 2010 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT BEACH
ADMINISTRATIVE CODE; TO ADOPT THE 2009 INTERNATIONAL
PROPERTY MAINTENANCE CODE; TO ADOPT THE 2009 UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE; TO AMEND THE 2010
EDITION OF THE CALIFORNIA BUILDING CODE; TO AMEND THE 2010
EDITION OF THE CALIFORNIA RESIDENTIAL CODE; TO AMEND THE
2010 CALIFORNIA GREEN BUILDING STANDARDS CODE; TO ADD A
NEW MUNICIPAL CODE CHAPTER 15.12 POST - DISASTER SAFETY
ASSESSMENT PLACKARDS AND STANDARDS FOR REPAIR OF
DAMAGED STRUCTURES; AND TO AMEND AND RENAME THE
MUNICIPAL CODE CHAPTER 15.50 FLOODPLAIN MANAGEMENT.
The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION 1: Chapter 15.02 of the Newport Beach Municipal Code is amended to read:
Sections:
15.02.060
15.02.080
15.02.100
15.02.110
15.02.120
15.02.130
15.02.140
Chapter 15.02
ADMINISTRATIVE CODE
Amendment to Section 101.4.4
Amendment to Section 102.6
Amendment to Section 105.2
Amendment to Section 105.3.2
Amendment to Section 105.5
Amendment to Section 109.4
Added Section 110.3.9.1
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Section 15.02.060 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 International Property
Maintenance Code shall apply to existing residential 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 15.02.080 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 is specifically covered in this code, the California Building Code, the California
Residential Code, the Property Maintenance Code, or the California Fire Code, or as is
deemed necessary by the Building Official for the general safety and welfare of the
occupants and the public.
Section 15.02.100 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Building: 2. Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height
above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height
above lowest adjacent grade.
Section 15.02.110 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 building official is authorized to grant up to two extension of time
for a period not exceeding 180 days each. The extension shall be requested in writing
3
and justifiable cause demonstrated. (OSHPD 1, 2, & 41 Time limitation shall be in
accordance with Title 24, Part 1, Chapter 7, Section 7 -129.
Section 15.02.120 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
be recommenced, a new permit shall be first 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 mote
extensions of time, for a period not more than 180 days each provided work has not
commenced. The extension shall be requested in writing and justifiable cause
demonstrated.
Section 15.02.130 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 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 other
provisions of either this code or the technical codes nor from the penalty prescribed by
law.
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Section 15.02.140 Added Section 110.3.9.1
Section 110.3.9.1 is added to read as follows:
Section 110.3.9.1 Approval of Special Inspector. The special inspector shall be a
qualified person approved by the 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 Building Official in writing,
noting all code violations 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 Building Official, as a special inspector for each classification for which they apply.
The 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 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
3
are to be given only for special inspections required in Chapter 17 of the California
Building Code or for work specifically authorized by the Building Official.
m
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is amended to read
as follows:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
15.03.010 Adoption of the International Property Maintenance Code
15.03.020
Deletion of Chapter 1, except Sections 101 and 102
15.03.030
Amendment to Section 101.1
15.03.040
Amendment to Section 101.2
15.03.050
Amendment to Section 102.3
15.03.060
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 though set forth in full in this
section, the 2009 International Property Maintenance Code, as published by the
International Code Council.
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 Property Maintenance
Code. A copy of the 2009 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, and 108.1 through 108.1.5.
15.03.030 Amendment to Section 101.1
Section 10 1. 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."
15.03.040 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 all existing residential
structures and all existing premises, structures, equipment and facilities for light,
ventilation, space, heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance; the responsibility of
owners, operators and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
Section 15.03.050 Amendment to Section 102.3
Section 102.3 is amended 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 provision of the Newport Beach Zoning Code.
Section 15.03.060 Amendment to Section 303.2
Section 303.2 is amended as follows:
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Section 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing
water more than 18 inches (610 mm) in depth shall be completely surrounded by a
fence or barrier at least 60 inches (1524 mm) in height above the finished ground level
measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self - closing and self - latching. Where the self - latching device is less
than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self- closing and self- latching gates shall be
maintained such that the gate will positively close and latch when released from an
open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall
be removed, replaced or changed in a manner that reduces its effectiveness as a safety
barrier.
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SECTION 3: Chapter 15.04 of the Newport Beach Municipal Code is amended to read
as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.020
Amendment to Section 403
15.04.030
Amendment to Section 403.1
15.04.040
Amendment to Section 403.1.1
15.04.050
Amendment to Section 403.4.7.2
15.04.060
Amendment to Section 403.4.8.1
15.04.070
Amendment to Section 701A.1
15.04.080
Amendment to Section 701A.3
15.04.090
Amendment to Section 701A.3.1
15.04.100
Amendment to Section 702A
15.04.110
Amendment to Section 708A
15.04.120
Amendment to Section 710A
15.04.130
Amendment to Section 903.2
15.04.140
Amendment to Section 903.2.8
15.04.150
Amendment to Section 907.2.13
15.04.160
Amendment to Section 907.5.2.2
15.04.170
Amendment to Section 907.6.3.2
15.04.180
Amendment to Section 910.3.2.2
15.04.200
Amendment to Table 1505.1
15.04.220
Amendment to Section 1505.1.3
15.04.230
Amendment to Section 3109.4.4.2
15.04.250
Addition of Section 3401.3.1
Section 15.04.020 Amendment to Section 403
Section 403 is amended to read as follows:
SECTION 403 HIGH -RISE BUILDINGS HAVING OCCUPIED FLOORS LOCATED
MORE THAN 55 FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT
VEHICLE ACCESS AND GROUP 1 -2 OCCUPANCIES HAVING OCCUPIED
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FLOORS LOCATED MORE THAN 75 FEET ABOVE THE LOWEST LEVEL OF
FIRE DEPARTMENT VEHICLE ACCESS.
Section 15.04.030 Amendment to Section 403.1
Section 403.1 is amended to read as follows:
Section 403.1 Applicability. New high -rise buildings having occupied floors located
more than 55 feet above the lowest level of fire department vehicle access and new
Group 1 -2 occupancies having occupied floors located more than 75 feet above the
lowest level of fire department vehicle access shall comply with Sections 403.2 through
403.6.
Exception: The provisions of Sections 403.2 through 403.6 shall not apply to the
following buildings and structures:
1. Airport traffic control towers in accordance with Section 412.3
2. Open parking garages in accordance with Section 406.3
3. Buildings with a Group A -5 occupancy in accordance with Section 303.1.
4. Special industrial occupancies in accordance with Section 503.1.1.
5. Buildings such as power plants, lookout towers, steeples, grain houses and similar
structures with non - continuous human occupancy, when so determined by the
enforcing agency.
Section 15.04.040 Amendment to Section 403.1.1
Section 403.1.1 High -rise Building Item 2 is amended to read as follows:
2. `High -rise structure" means every building of any type of construction or occupancy
having floor used for human occupancy located more than 55 feet above the lowest
floor level having building access (as defined in this section), except buildings used
as hospitals as defined in Health and Safety Code Section 1250.
Section 15.04.050 Amendment to Section 403.4.7.2
Section 403.4.7.2 is amended to read as follows:
Section 403.4.7.2 Standby power loads. The following are classified as standby
power loads:
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1. Power and lighting for the fire command center required by Section 403.4.5; and
2. Standby power shall be provided for elevators in accordance with Sections
1007.4, 3003, 3007 and 3008.
Section 15.04.060 Amendment to Section 403:4.8.1
Section 403.4.8.1 is amended to read as follows:
Section 403.4.8.1 Emergency power loads. The following are classified as
emergency power loads:
5. Fire alarm systems;
6. Electrically powered fire pumps; and
7. Ventilation and automatic fire detection equipment for smokeproof enclosures.
Section 15.04.070 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 Wildland -Urban Interface Fire Area as defined in
Section 702A.
Section 15.04.080 Amendment to Section 701A.3
Section 701A.3 is amended to read as follows :
Section 701A.3 Application. New buildings, alterations and additions located in any
Fire Hazard Severity Zone or any Wildland -Urban Interface Fire Area designated by the
enforcing agency constructed after the application date shall comply with the provisions
of this chapter.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy and not
exceeding 120 square feet in floor area, when located at least 30 feet from an
applicable building.
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2. Buildings of an accessory character classified as Group U occupancy of any size
located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined in Section 202
of this code (see also Appendix C — Group U Agricultural Buildings), when
located at least 50 feet from an applicable building.
Section 15.04.090 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 701A.3A Application date and where required.
Section 15.04.100 Amendment to Section 702A
Section 702A is amended with one addition 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 15.04.110 Amendment to Section 708A
Section 708A is amended to read as follows:
SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS
Section 708A.1 General.
Section 708A.2 Exterior glazing. The following exterior glazing materials and /or
assemblies shall comply with this section:
1. Exterior windows
2. Exterior glazed doors
3. Glazed openings within exterior doors
4. Glazed openings within exterior garage doors
5. Exterior structural glass veneer
6. Skylights
Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight
assembly requirements. Exterior windows, exterior glazed door assemblies, and
skylight assemblies shall comply with one of the following requirements:
13
Section 15.04.120 Amendment to Section 710A
Section 710A is amended to read as follows:
SECTION 710A ACCESSORY STRUCTURES
Section 710A.1 General. Accessory and miscellaneous structures, other than
buildings covered by Section 701A.3 shall be constructed to conform to the ignition
resistance requirements of this section.
Section 710A.2 Applicability. The provisions of this section shall apply to trellises,
arbors, patio covers, carports, gazebos and similar unenclosed covered structures of an
accessory or miscellaneous character.
Exceptions:
1. Decks shall comply with the requirements of Section 709A.
2. Awnings and canopies shall comply with the requirements of Section 3105.
710A.3 Where required. Accessory structures shall comply with the requirements of
this section.
710A.3.1 Attached accessory structures shall comply with the requirements of this
section.
710A.3.2 Accessory structures within 50 feet of an applicable building shall comply with
the requirements of this section.
710A.4 Requirements. Accessory structures shall be constructed of noncombustible,
ignition- resistant materials, or heavy timber.
Section 15.04.130 Amendment to Section 903.2
Section 903.2 is amended to read as follows:
Section 903.2 Where required. Approved automatic sprinkler systems in new
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 be installed in all
occupancies when the total building area exceeds 5,000 square feet (465 mz).
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Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
2. Existing buildings: Notwithstanding any applicable provisions of this code, an
automatic sprinkler system shall be provided in an existing building when the
total area of the addition and reconstruction is 50% or more of the existing
building area and the resulting building area exceeds 5,000 square feet (465 In2).
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.140 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.
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.
The Building Official may approve alternative methods and materials when an
equivalent or greater level of fire protection is achieved.
Section 15.04.150 Amendment to Section 907.2.13
Section 907.2.13 is amended to read as follows:
Section 907.2:13 High -rise buildings having occupied floors located more than 55
feet above the lowest level of fire department vehicle access and Group 1 -2
occupancies having floors located more than 75 feet above the lowest level fire
department vehicle access. High -rise buildings having occupied floors located more
15
than 55 feet above the lowest level of fire department vehicle access and Group 1 -2
occupancies having floors located more than 75 feet above the lowest level fire
department vehicle access shall be provided with an automatic smoke detection system
in accordance with Section 907.2.13.1, a fire department communication system in
accordance with Section 907.2.13.2 and an emergency voice /alarm communication
system in accordance with Section 907.5.2.2.
Exception: Airport traffic control towers in accordance with Sections 907.2.22 and 412.
Section 15.04.160 Amendment to Section 907.5.2.2
Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows:
Section 907.5.2.2 Emergency voice /alarm communication systems. Emergency
voice /alarm communication systems required by this code shall be designed and
installed in accordance with NFPA 72. The operation of any automatic fire detector,
sprinkler waterflow device or manual fire alarm box shall automatically sound an alert
tone followed by voice instructions giving approved information and directions for a
general or staged evacuation in accordance with the building's fire safety and
evacuation plans required by Section 404. In high -rise buildings having occupied floors
located more than 55 feet above the lowest level of fire department vehicle access, and
Group 1 -2 occupancies having occupied floors located more than 75 feet above the
lowest level fire department vehicle access, the system shall operate on a minimum of
the alarming floor, the floor above and the floor below. Speakers shall be provided
throughout the building by paging zones. At a minimum, paging zones shall be
provided as follows:
5. Dwelling units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in a constantly
attended area and a general occupant notification shall be broadcast over the overhead
page.
Section 15.04.170 Amendment to Section 907.6.3.2
Section 907.6.3.2 is amended to read as follows:
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Section 907.6.3.2 High -rise buildings. In high -rise buildings having occupied floors
located more than 55 feet above the lowest level of fire department vehicle access and
Group 1 -2 occupancies having occupied floors located more than 75 feet above the
lowest level fire department vehicle access, a separate zone by floor shall be provided
for all of the following types of alarm- initiating devices where provided:
Section 15.04.180 Amendment to Section 910.3.2.2
Section 910.3.2.2 is amended to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with
an approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat - responsive device rated at least 100° F
above the operating temperature of the sprinkler, unless otherwise approved.
Section 15.04.200 Amendment to Table 1505.1
Table 1505.1 is amended to read as follows:
TABLE 1505. MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION
Section 15.04.220 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. New construction shall have
Class A roof covering.
Exception: Class B wood roof covering may be used when:
1. It is a part of Class A roof assembly, and
2. Eaves are boxed 1 -Hr assembly, and
3. Fire sprinkler system is provided throughout including attic space.
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
17
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.
When 50 percent or less of the total roof area is added, altered or replaced within any
one -year period, the roof covering applied in the addition, alteration, repair or
replacement of the roof of every existing structure shall be a fire - retardant roof covering
that is at least Class B.
Section 15.04.230 Amendment to Section 3109.4.4.2
Section 3109.4.4.2. is amended to read as follows:
Section 3109.4.4.2 Construction permit; safety features required. Commencing
January 1, 2007, except as provided in Section 3109.4.4.5, for the protection of the
public, residents and their guests, whenever a building permit is issued for construction
of anew swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single - family home, it shall be equipped with a barrier
complying with Section 3104.4.4.3 and at least one of the following six drowning
prevention safety features:
1. The pool shall be isolated from the access to a home by an enclosure that meets
the requirements of Section 3109.4.4.3.
2. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
3. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool.
4. All doors providing direct access from the home to the swimming pool shall be
equipped with a self - closing, self - latching device with a release mechanism placed
no lower than 54 inches (1372 mm) above the floor.
5. Sonar swimming pool alarms that, when placed in pools, will sound upon detection
of accidental or unauthorized entrance into the water. These pool alarms shall
meet and be independently certified to the ASTM Standard F 2208 "Standards
Specification for Pool Alarms." For purposes of this article, "swimming pool
alarms" shall not include swimming protection alarm devices designed for
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individual use, such as an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in water.
6. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1 -3, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or the American Society of
Testing Mechanical Engineers (ASME), inclusive, as determined by the building
official. Any ordinance governing child access to pools adopted by a political
subdivision on or before January 1, 2007, is presumed to afford protection that is
equal to or greater than that afforded by any of the devices set forth in items 1 -3,
inclusive.
Section 15.04.250 Addition of Section 3401.3.1
Section 3401.3.1. is added to read as follows:
Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and
changes of occupancy to existing structures may be designed to comply with the 2009
International Existing Building Code.
19
SECTION 4: Chapter 15.05 of the Newport Beach Municipal Code is amended by
adopting the 2010 California Residential Code as follows:
Sections:
Chapter 15.05
RESIDENTIAL CODE
15.05.080
Deletion of Section R313
15.05.100
Deletion of Section R327
15.05.120
Addition to Section R330
15.05.130
Amendment to Section R401.1
15.05.150
Amendment to Section R401.4
15.05.160
Amendment to Section R401.4.1
15.05.170
Deletion of Exception to Section R403.1.3
15.05.180
Amendment to Section R405.1
15.05.190
Deletion of Exception to Section R602.3.2
15.05.200
Deletion of Section R902
Section 15.05.080 Deletion of Section R313 Automatic Fire Sprinkler System
Section R313 is deleted in its entirety and replaced by California Building Code Section
903.2.8 as amended in NBMC Section 15.04.140.
Section 15.05.100 Deletion of Section R327 Materials and Construction Method
for exterior wildfire exposure.
Section R327 is deleted in its entirety and replaced by California Building Code Chapter
7A as amended in NBMC 15.04.070 through 15.04.120.
Section 15.05.120 Addition of Section R330
Section R330 is added to read as follows:
SECTION R330 — SWIMMING POOLS, SPAS, AND HOT TUBS
20
R330.1 General. Private swimming pools, hot tubs and spas, containing water more
than 18 inches in depth shall be constructed in accordance with the provisions
contained in the City of Newport Beach Municipal Code, Chapter 15.09 SWIMMING
POOL CODE and Section 3109.4.4 of the California Building Code.
Section 15.05.130 Amendment to Section R401.1
Section R401.1 is amended to read as follows:
R401.1 Application. The provisions of this chapter shall control the design and
construction of the foundation and foundation spaces for all buildings. In addition to the
provisions of this chapter, the design and construction of foundations in areas prone to
flooding as established by Table R301.2(1) shall meet the provisions of NBMC Chapter
15.50. Wood foundations shall be designed and installed in accordance with AF &PA
PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D2 or E shall not be permitted.
Section 15.05.150 Amendment to Section R401.4 with the replacement of the City
of Newport Beach Municipal Code; Chapter 15.10 EXCAVATION AND GRADING
CODE.
Section R401.4 is amended to read as follows:
R401.4 Soils test. The building official shall determine whether to require a soil test to
determine the soil's characteristics at a particular location. This test shall comply with
the City of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND
GRADING CODE.
Section 15.05.160 Amendment to Section R401.4.1
Section R401.4.1 is amended to read as follows:
21
R401.4.1 Geotechnical evaluation. When a complete geotechnical evaluation is not
required, as determined by the Building Official, the load- bearing values in Table
R401.4.1 shall be assumed.
Section 15.05.170 Deletion of Exception to Section R403.1.3.
Section R403.1.3 Exception is deleted in its entirety.
Section 15.05.180 Amendment to Section R405.1.
Section R405.1 is amended by adding exception #2 to read as follows
Exception:
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 bay water elevation.
Section 15.05.190 Deletion of Exception to Section R602.3.2
Section R602.3.2 Exception is deleted in its entirety.
Section 15.05.200 Deletion of Section R902 Roof classification.
Section R902 is deleted in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Sections 15.04.190 through
15.04.220.
22
SECTION 5: Chapter 15.09 of the Newport Beach Municipal Code is replaced in its
entirety to read as follows:
Sections:
Chapter 15.09
SWIMMING POOL CODE
15.09.010
Adoption of the Uniform Swimming Pool Code
15.09.020
Amendment to Section 101.5.5
15.09.030
Deletion of Section 101 .5.6
15.09.040
Deletion of Sections 102.0 through 103.8
15.09.050
Addition of Section 301.5
15.09.060
Addition of Section 301.6
15.09.070
Amendment to Section 309.4
15.09.080
Amendment to Section 313.3
15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code
The City Council adopts and incorporates by reference, as though set forth in full in this
Chapter, the 2009 edition of the Uniform Swimming Pool, Spa and Hot Tub Code and all
national codes and standards referenced therein, as published by the International
Association of Plumbing and Mechanical Officials.
The various parts of this code, along with the additions, amendments, and deletions
adopted in this Chapter, shall constitute and be known as the Newport Beach
Swimming Code. A copy of the 2009 Uniform Swimming Pool, Spa and Hot Tub 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 101.5.5
Section 101 .5.5 is amended by the addition of a second paragraph to read as follows:
Section 101.5.5 Maintenance.
23
All swimming pool and spa water shall be maintained in a clear condition, which is free
of algae, insects, debris, and in a sanitary condition. The floor of the pool shall be
clearly visible.
Section 15.09.030 Deletion of Section 101.5.6
Section 101.5.6 is deleted in its entirety.
Section 15.09.040 Deletion of Sections 102.0 through 103.8 with the Replacement
of the City of Newport Beach Municipal Code, Chapter 15.02 ADMINISTRATIVE
CODE
Sections 102.0 through 103.8 are deleted in their entirety and replaced to read as
follows:
Section 102.0 Administration. The administration of this code shall be in accordance
with the provisions contained in the City of Newport Beach Municipal Code, Chapter
15.02 ADMINISTRATIVE CODE.
Section 102.0.1 Exempt work from permit. A permit shall not be required for the
following:
Section 102.0.1.1 The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should and trap, drainpipe, soil, waste, or vent pipe become defective and
it becomes necessary to remove and replace the same with new material, the same
shall be procured and inspection made as provided in this code.
Section 102.0.1.2 (1) The clearing of stoppages, or (2) the repairing of leaks in pipes,
valves or fixtures, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of the code or any
other laws or ordinances of this jurisdiction.
Section 15.09.050 Addition of Section 301.5
Section 301.5 is added to read as follows:
24
Section 301.5 Excavation, Grading and Drainage. Excavation, Grading and
Drainage shall be in accordance with the provisions contained in the City of Newport
Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE.
Section 15.09.060 Addition of Section 301.6
Section 301.6 is added to read as follows:
Section 301.6 Enclosures. Enclosures shall be in accordance with the provisions
contained in the California Building Code, Section 3109 SWIMMING POOL
ENCLOSURES AND SAFETY DEVICES as adopted in the Newport Beach Municipal
Code and amended by Chapter 15.04 BUILDING CODE. Enclosures shall not be
enforced on a retroactive basis. Existing, permitted barriers required at the time of pool
construction shall be maintained; unless the existing enclosure is proposed to be
altered, replaced or new with new or reconstructed materials. Existing one- and two -
family dwellings or townhouses with additions or alterations to exterior walls used as
part of a pool enclosure shall be required to comply with Section 3109.
Section 15.09.070 Amendment to Section 309.4
Section 309.4 is amended to read as follows:
Section 309.4 Pool, Spa and Hot Tub Outlet. Pool, spa or hot tub outlets shall be
listed to standards for antibody and hair entrapment in accordance with APSP 7 or
ASME Al 12.19.8. Entrapment avoidance shall be in accordance with the provisions
contained in the California Building Code; Section 3109.4.4.8 and 3109.5.
Section 15.09.080 Amendment to Section 313.3
Section 313.3 is amended by the addition of a third paragraph to read as follows:
Section 313.3
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 6 inches above the
Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed by
25
the Federal Emergency Management Agency's, Flood Insurance Rate Map (FIRM)
revision date December 3, 2009.
26
SECTION 6. Chapter 15.11 of the Newport Beach Municipal Code is hereby amended
to read as follows:
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of Voluntary Measures
15.11.020 Amendment to Section A4.506.1
Section 15.11.010 Adoption of Voluntary Measures. The City Council adopts and
incorporates the following sections from Appendix A4 and A5 as mandatory
requirements: A4.210.1; A4.303.1 Tier 1 and Tier 2; A4.506.1; A5.106.2; A5.106.2.1;
A5.106.2.2; A5.204.1; A5.212.1; A5.303.3(1) and (2)
Section 15.11.020 Amendment to Section A4.506.1
Section A4.506.1 is amended to read as follows:
Section A4.506.1 Filters. Filters with a higher value than MERV 7 are installed on
central air or ventilation systems. Pressure drop across the filter shall not exceed
1 inch water column.
27
SECTION 7. Chapter 15.12 of the Newport Beach Municipal Code is hereby added to
read:
Sections:
Chapter 15.12
POST - DISASTER SAFETY ASSESSMENT PLACARDS
AND STANDARD FOR REPAIR OF DAMAGED STRCTURES
15.12.010 Adoption of Post - Disaster Safety Assessment Placards
and Standard for Repair of Damaged Structures
15.12.020
Purpose and Intent
15.12.030
Application of Provisions
15.12.040
Definitions
15.12.050
Placards
15.12.060
Structural Repairs
Section 15.12.010 Adoption of Post - Disaster Safety Assessment Placards and
Standard for Repair of Damaged Structures. The City Council adopts and
incorporates by reference, as though set forth in full in this section, the Disaster Safety
Assessment Placards and Standard for Repair of Damaged Structures.
Section 15.12.020 Purpose and Intent. This chapter establishes standard placards
to be used to indicate the condition of a structure for continued occupancy after any
natural or manmade disaster. This chapter further authorizes the Building Department
representative to post the appropriate placard at each entry point to a building or
structure upon completion of a safety assessment. This chapter also provides a defined
level of repair for buildings damaged by a natural or manmade disaster where a formal
state of emergency has been proclaimed by the City Council.
28
Section 15.12.030 Application of Provisions. The provisions of this chapter are
applicable, following each natural or manmade disaster, to all buildings and structures
of all occupancies regulated by the City of Newport Beach.
Section 15.12.040 Definitions.
Damage Ratio is the estimated value of repairs required to restore the structural
members to the estimated replacement value of the building or structure.
Safety assessment is a visual, non - destructive examination of a building or structure
for the purpose of determining the condition for continued occupancy following a natural
or manmade disaster.
Section 15.12.050 Placards.
1. The following are descriptions of the official placards to be used to designate the
condition for continued occupancy of buildings or structures.
a. INSPECTED — Lawful Occupancy Permitted (Green in color) is to be
posted on any building or structure wherein no apparent structural hazard
has been found. This placard is not intended to mean that there is no
damage to the building or structure.
b. RESTRICTED USE — (Yellow in color) is to be posted on each building or
structure that has been damaged wherein the damage has resulted in
some form of restriction to the continued occupancy. The individual who
posts this placard will note in general terms the type of damage
encountered and will clearly and concisely note the restrictions on
continued occupancy.
C. UNSAFE — Do Not Enter or Occupy (Red in color) is to be posted on
each building or structure that has been damaged such that continued
occupancy poses a threat to life safety. Buildings or structures posted
with this placard shall not be entered except as authorized in writing by the
Building Department. Safety assessment teams shall be authorized to
enter these buildings. This placard is not to be used or considered as a
29
demolition order. The individual who posts this placard will note in general
terms the type of damage encountered.
2. This ordinance number, the name of the department, its address, and phone
number shall be listed on each placard.
3. Once it has been attached to a building or structure, a placard is not to be
removed, altered or covered until done so by an authorized representative of the
building department or upon written notification from the department.
Section 15.12.060 Structural Repairs. Structural repairs shall comply with Chapter
34 of the California Building Code or added Section 3401.3.1.
30 .
SECTION 8. Chapter 15.50 of the Newport Beach Municipal Code is amended and
renamed to read as follows:
Sections:
Chapter 15.50
FLOODPLAIN MANAGEMENT
15.50.050 Definitions. Amended.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard. Amended.
15.50.130 Designation of the Floodplain Administrator. Amended.
15.50.135 Permit Review. Added.
15.50.140
Review, Use of Other Base Flood Data. Amended.
15.50.145
Development of Substantial Improvement and Substantial
Damage Procedures. Added.
15.50.160
Alteration of Watercourses. Deleted and replaced
15.50.160
Notification of Other Agencies. Replaced.
15.50.190
Conditions for Variances. Amended.
15.50.200
Standards of Construction. Amended.
15.50.230
Coastal High Hazard Areas. Amended.
Section 15.50.050 Amendment to Section 15.50.050
Section 15.50.050 is amended to read as follows:
Section 15.50.050 Definitions. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning they have in
common usage and to give this chapter its most reasonable application.
"Addition" means any additional building square footage added to the lot.
"Addition cost" means the "addition" square footage multiplied by the cost per foot
average as determined by the Building Official.
31
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance
rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood - related erosion hazard" is the land within a community, which is
most likely to be subject to severe flood - related erosion losses. The area may be
designated as Zone E on the flood insurance rate map (FIRM).
"Area of special flood hazard." See "Special flood hazard area."
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance
rate map (FIRM).
"Base flood" means a flood, which has a 1% chance of being equaled or exceeded in
any given year (also called the "100 -year flood "). Base flood is the term used through
this chapter.
"Basement" means any area of the building having its floor subgrade, i.e., below ground
level on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed
to break away under abnormally high tides or wave action without causing damage to
the structural integrity of the building on which they are used or any buildings to which
they might be carried by flood waters. A breakaway wall shall have a safe design
32
loading resistance of not less than 10 and no more than 20 pounds per square foot. Use
of breakaway walls must be certified by a registered engineer or architect and shall
meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base
flood.
"Building." See "Structure."
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. It is an area
subject to high velocity waters, including coastal and tidal inundation or tsunamis. The
area is designated on a flood insurance rate map (FIRM) as Zone VE, or V.
"Current value of the structure" means the existing structure square footage multiplied
by the cost per foot average as determined by the Building Official,
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
33
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and /or mudslides; and
2. The condition resulting from flood - related erosion.
"Flood boundary and floodway map (FBFM)" means the official map on which the
Federal Emergency, Management Agency or Federal Insurance and Mitigation
Administration has delineated both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance and Mitigation Administration has delineated
the areas of flood hazards.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance and Mitigation Administration
has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance and
Mitigation Administration that includes flood profiles, the flood insurance rate map, the
flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
U
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police power which
control development in flood -prone areas. This term describes federal, state or local
regulations in any combination thereof, which provide standards for preventing and
reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents.
" F000dway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as a
"regulatory floodway."
"Fraud and victimization" as related to Section 15.50.190, variances, of this chapter,
means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the City of Newport Beach will consider the fact that
every newly constructed building adds to government responsibilities and remains a
part of the community for fifty to one - hundred years. Buildings that are permitted to be
35
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be incurred only
at very high flood insurance rates.
"Functionally dependent use" means a use, which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, and does not include long-
term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e., county or municipality that is
empowered to adopt and implement regulations to provide for the public health, safety
and general welfare of its citizenry.
"Hardship" as related to Section 15.50.190, variances, of this chapter, means the.
exceptional hardship that would result from a failure to grant the requested variance.
The City of Newport Beach requires that the variance be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not
exceptional. Inconvenience, aesthetic considerations, physical handicaps, . personal
preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as
an exceptional hardship. All of these problems can be resolved through other means
without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a slightly different use than
originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
36
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of the Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states with approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area (see "Basement ") is not
considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non - elevation design requirements of
this chapter. (Note: This definition allows garages serving one or two dwelling units to
be built at grade. Below grade garages serving one or two dwelling units are not allowed
as they are considered to be basements.)
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "Manufactured home" does
not include a "Recreational vehicle."
37
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation
of liquid mud down a hillside, usually as a result of a dual condition of loss of brush
cover and the subsequent accumulation of water on the ground, preceded by a period
of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
u .. . u
"New construction" for floodplain management purposes, means structures for which
the "Start of construction" commenced on or after the effective date of floodplain
management regulations adopted by this community, and includes any subsequent
improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by this community.
"North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National
Flood Insurance Program, the vertical datum to which base flood elevations shown on a
community's flood insurance rate map are referenced.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and /or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One- hundred -year flood" or "100 -year flood." See 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent
to the beach and subject to erosion and overtopping from high tides and waves during
major coastal storms. The inland limit of the primary frontal dune occurs at the point
where there is a distinct change from a relatively mild slope.
"Principal structure" means a structure used for the principal use of the property as
distinguished from an accessory use
"Public safety and nuisance" as related to Section 15.50.190, variances, of this chapter
means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the customary manner, of
any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle, which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
39
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
'Remodel' means any reconstruction, rehabilitation or renovation of an existing
structure whereby no additional floor area is added to an existing structure.
'Remodel cost' means the cost of the remodel as determined by the Building Official.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area." See "Area of shallow flooding."
"Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e.,
mudflow) or flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A,
AO, AE, A99, AH, VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement was within one hundred eighty days of the permit. The actual start means
either the first placement or permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation fora basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a "Substantial improvement', the actual start of construction means
40
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means any damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition (see
"Remodel cost ") would equal or exceed 50% of the "Current value of the structure"
before the damage occurred.
"Substantial improvement" means any new construction, "Remodel" or "Addition ", where
the "Remodel cost" plus the "Addition cost" is at least 50% of the "Current value of the
structure." This term includes structures, which have incurred "Substantial damage,"
regardless of the actual repair work performed. However, the term does not include:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. Any alteration of a "Historic structure," provided that the alteration will not
preclude the structure's continued designation as a "Historic structure."
"V zone." See "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter, which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant
with this ordinance. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
41
"Water surface elevation" means the height, in relation to the North American Vertical
Datum (NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
Section 15.50.070 Amendment to Section 15.50.070
Section 15.15.070 is amended to read as follows:
Section 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The
areas of special flood hazard identified by the Federal Insurance Administration of the
Federal Emergency Management Agency in the "Flood Insurance Study Orange County
and Incorporate Areas," dated December 3, 2009, with an accompanying flood
insurance rate map and flood boundary and floodway maps dated December 3, 2009,
and all subsequent revisions, are adopted by reference and declared to be a part of this
chapter. This flood insurance study is on file at 3300 Newport Boulevard, Newport
Beach, California (92659- 1768). This flood insurance study is the minimum area of
applicability of this chapter and may be supplemented by studies for other areas which
allow implementation of this chapter and which are recommended to the City Council by
the Floodplain Administrator.
Section 15.50.130 Amendment to Section 15.50.130
Section 15.50.130 is amended to read as follows:
Section 15.50.130 Designation of the Floodplain Administrator. The City Manager
or his designated representative is hereby appointed to administer, implement and
enforce this chapter by granting or denying development permit applications in
accordance with its provisions. The floodplain administrator shall also 1) Take action to
remedy violations of this ordinance; 2) Complete and submit a biennial report to FEMA;
and 3) Assure the community's General Plan is consistent with floodplain management
objectives.
42
Section 15.50.135 Addition of Section 15.50.135
Section 15.50.135 is added to read as follows:
Section 15.50.135 Permit Review. The Floodplain Administrator or his designated
representative shall review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage of existing
structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding.
4. The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not
been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated development
will not increase the water surface elevation of the base flood more than 1 foot at
any point; and,
5. All Letters of Map Revision (LOMRs) for flood control projects are approved prior
to the issuance of building permits. Building permits must not be issued based
on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation as
specified in the "start of construction" definition.
Section 15.50.140 Amendment to Section 15.50.140
Section 15.50.140 is amended to read as follows:
Section 15.50.140 Review, Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 15.50.070, basis for
establishing the areas of special flood hazard, the Floodplain Administrator or his
designated representative shall obtain, review and reasonably utilize any base flood
elevation data available from a federal, state or other source, in order to administer
Sections 15.50.200 through 15.50.250.
43
Section 15.50.145 Addition of Section 15.50.145
Section 15.50.145 is added to read as follows:
Section 15.50.145 Development of Substantial Improvement and Substantial
Damage Procedures. The Floodplain Administrator or his designated representative
shall:
1. Answer to questions about substantially damaged buildings, develop detailed
procedures for identifying and administering requirements for substantial
improvement and substantial damage to include defining "Current Value of the
Structure."
2. Assure procedures are coordinated with other departments /divisions and
implemented by community staff.
Section 15.50.160 is deleted in its entirety and replaced as follows:
Section 15.50.160 Notification of Other Agencies:
1. Alteration or relocation of a watercourse. The Floodplain Administrator or his
designated representative shall:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and watercourse is maintained;
C. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations. The Floodplain
Administrator or his designated representative shall:
a. Within six months of information becoming available or project completion,
whichever comes first, submit or assure that the permit applicant submits
technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. Verify all LOMRs for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued based .
on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs
allow construction of the proposed flood control project and land
44
preparation as specified in the "start of construction" definition. Such
submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain
management requirements are based on current data.
3. Changes in corporate boundaries: The Floodplain Administrator or his
designated representative shall nnotify FEMA in writing whenever the corporate
boundaries have been modified by annexation or other means and include a
copy of a map of the community clearly delineating the new corporate limits.
Section 15.50.190 Amendment to Section 15.50.190
Section 15.50.190 is amended to read as follows:
Section 15.50.190 Conditions for Variances.
1. Variances may be issued for the repair or rehabilitation of structures listed in
National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this section upon a
determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure.
2. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on, or victimization of, the public,
or conflict with existing local laws or ordinances.
45
5. Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety.
6. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced flood lowest
flood elevation. A copy of the notice shall be recorded by the Floodplain Board in
the office of the Orange County Recorder and shall be recorded in a manner so
that it appears in chain of title of the affected parcel of land.
Section 15.50.200 Amendment to Section 15.50.200
Section 15.50.200 is amended to read as follows:
Section 15.50.200 Standards of Construction. In all areas of special flood hazards,
all "substantial improvements," including all existing construction, shall meet the
following standards:
A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
B. Construction Materials and Methods.
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and /or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and
4. Within zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from
proposed structures
46
C. Elevation and Floodproofing.
1. Residential construction shall have the lowest floor, including basement;
a. In an AO zone, elevated above the highest adjacent grade to a
height equal to or exceeding the depth number specified in feet on
the FIRM, or elevated at least two feet above the highest grade if
no depth number is specified;
b. In an A zone, elevated to or above the base flood elevation, as
determined by the City of Newport Beach;
C. In all other zones, elevated to or above the base flood elevation per
Section 15.50.070.
d. Fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or
storage, and which are subject to flooding, shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwater. Designs for meeting
this requirement must exceed the following minimum criteria:
L Be certified by a registered professional engineer or architect
to comply with a local floodproofing standard approved by
the Federal Insurance and Mitigation Administration, or
Federal Emergency Management Agency; or
ii. Have a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding. The bottom of all openings
shall be no higher than one foot above grade. Openings may
be equipped with screens, louvers, valves or other coverings
or devices .provided that they permit the automatic entry and
exit of floodwater.
e. Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional
engineer or surveyor, and verified by the community. building
47
inspector to be properly elevated. Such certification or verification
shall be provided to the Floodplain Administrator.
2. Nonresidential Construction. Nonresidential construction shall either be
elevated to conform with subsection (C)(1)(a, b, c) or together with
attendant utility and sanitary facilities:
a. Be floodproofed below the elevation recommended under
subsection (C)(1)(a, b, c) so that the structure is watertight with
walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect that
the standards of this section are satisfied. Such certification shall
be submitted to the Floodplain Administrator.
3. Manufactured Homes. Manufactured homes that are placed or
substantially improved shall be elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
4. Recreational Vehicles. All recreational vehicles shall:
a. Be on the site for fewer than one hundred eighty (180) consecutive
days;
b. Be fully licensed and ready for highway use; a recreational vehicle
is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions; or
C. Meet the permit requirements of Section 15.50.200(C) of this
chapter.
D. Required Submittals. Before construction begins within any area of special flood
hazards established in Section 15.50.070, application for a building permit shall
be made pursuant to the Administrative Code, adopted in Newport Beach
Municipal Code Section 15.02.010. In addition to submittals required by the
Uniform Administrative Code, drawings shall show the nature, location,
48
dimensions, and elevations of each structure; existing and proposed grades, and
drainage facilities. Specifically, the following information is required:
1. Proposed elevation, as .determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement) of all
structures;
2. Proposed elevation in relation to (NAVD) to which any structure will be
floodproofed;
3. All appropriate certifications listed in Section 15.50.150 of this chapter;
4. Description of the extent to which any watercourse will be altered or
relocated as a result of the proposed development;
5. Plans for any walls to be used to enclose space below the base flood
levels.
E. Floodways. Encroachments into floodways are prohibited, including fill, new
construction, substantial improvements, and other development, unless
certification by a registered civil engineer is provided demonstrating that the
proposed encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
Section 15.50.230 Amendment to Section 15.50.230
Section 15.50.230 is amended to read as follows:
Section 15.50.230 Coastal High Hazard Areas. Within coastal high hazard areas as
established under Section 15.50.070 the following standards shall apply.
A. All "Substantial improvements," including all existing construction, and
manufactured homes shall be elevated on adequately. anchored pilings or
columns and securely anchored to such pilings or columns so that the lowest
horizontal portion of the structural members of the lowest floor (excluding the
pilings and columns) is elevated to or above the base flood level. The pile of
column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be
49
those associated with.the base flood. Wind loading values used shall be those
required by the California Building Code;
B. All new construction and other development shall be located on the landward
side of the reach of mean high tide;
C. "Substantial improvements," including all existing construction shall have the
space below the lowest floor free of obstructions or constructed with breakaway
walls as defined in Section 15.50.050 of this chapter. Such enclosed space shall
not be used for human habitation and will be usable solely for parking of vehicles,
building access and storage;
D. Fill shall not be used for structural support of buildings;
E. Manmade alteration of sand dunes which would increase potential flood damage
is prohibited;
F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or land surveyor that a proposed
structure complies with Section 15.50.230(A);
2. The elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all
new and substantially improved structures, and whether such structures
contain a basement.
.-M
SECTION 10. Severability Clause. That 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 11. Publication. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 11 h day of January, 2011, and adopted on the 25th day
of January, 2011, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
51
PROVED AS TO FORM:
avid R. Hunt, City Attorne
For the City of Newport Beach
COdes\20101BUILDING CLEAN 1' ordinance code amendments 1 -11 -10
52
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 26
Date: January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Building Department
Faisal Jurdi, Deputy Building Official, 644 -3277, fjurdi @newportbeachca.gov
SUBJECT: Adoption of Amendments to the 2010 California Building Codes and
Newport Beach Municipal Code, and Adoption of the 2009 International
Property Maintenance Code and 2009 Uniform Swimming Pool and Hot
Tub Code
RECOMMENDATION
1. Conduct the public hearing; and
2. Introduce an Ordinance No. 2011 -_ relating to adoption of the subject codes and
amendments; pass the ordinance for second reading and Resolution No. 2011 - setting forth
findings for the proposed amendments for adoption on January 25, 2011.
DISCUSSION
On November 23, 2010, City Council adopted the California Codes and editorial amendments
and one additional amendment to continue to prohibit wood roof coverings in high fire hazard
severity zones. Adoption of other local amendments to the California Codes was deferred
pending a public meeting to review proposed amendments with architects, designers, applicants
of pending projects, the Building Industry Association (BIA), and interested members of the
public. On December 2; 2010, staff held a public workshop in the City Council Chambers.
Invitations were sent to 180 potential attendees, and 16 interested professionals attended the
meeting. Attendees participated by asking for clarification and providing helpful comments. No
amendments have been requested to be deleted or removed from consideration. Attendees
were appreciative of the opportunity to view the proposed amendments and provide comments.
Of note, the following day, December 3`', a letter to Mayor Curry from the BIA, Orange County
Chapter, was received in support of the proposed local amendments package (letter attached).
The proposed amendments are comprised of our current code provisions that have been
renumbered and /or relocated consistent with the new codes; deletion of provisions that became
obsolete; editorial amendments to the State codes, amendments necessary to carry over
existing provisions warranting continuance, and new provisions. Further details regarding
Adoption of Amendments to the 2010 California Building Codes and NBMC,
and Adoption of the 2009 International Property Maintenance Code and
2009 Uniform Swimming Pool and Hot Tub Code
January 11, 2011
Page 2 of 6
noteworthy amendments follow in this report.
The list below identifies 2010 California Building Codes which were adopted on November 23,
2010, with an effective date of January 1, 2011:
California Building Standards Code
2010 California Building Code
2010 California Residential Code
2010 California Electrical Code
2010 California Mechanical Code
2010 California Plumbing Code
2010 California Green Building Standards Code (Cal Green)
2010 California Historical Building Code
2010 California Existing Building Code
Adoption of the 2009 International Property Maintenance Code, and 2009 Uniform Swimming
Pool, Spa and Hot Tub Code were deferred pending the public workshops. These National
model administrative and technical codes also have importance. The 2009 International
Property Maintenance Code is the updated edition of the currently adopted 2006 edition and
contains minimum requirements and standards for existing premises for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, and for safe and sanitary
maintenance. It also provides an updated list of unsafe conditions important for code
enforcement. The 2009 Uniform Swimming Pool, Spa and Hot Tub Code is the updated edition
of the currently adopted 1997 edition. This code includes plumbing and sanitation requirements
for pools, spas and hot tubs. It also addresses new materials, technologies and equipment not
found in the 1997 Edition. If these new National model codes are not adopted, the code
editions presently in place (2006 International Property Maintenance Code and 1997 Uniform
Swimming Pool, Spa and Hot Tub Code) will continue to apply.
Revisions are also proposed to the Flood Plain Management section of Chapter 15 of the
Municipal Code, consistent with the FEMA model ordinance and necessary to adopt the 2009
flood insurance rate maps. In addition, a new Chapter 15.12 relating to Post - Disaster Safety
Assessment placards and standards for repair of damaged structures, is proposed in order to
authorize city staff to inspect and assess the safety of structures after a disaster.
The following is a summary of the more noteworthy local amendments proposed. A complete
list of all proposed revisions is provided in attachment A. The findings contained within the
proposed resolution provide additional justification for approval of the local amendments.
Building Department staff participated in the ICC Orange Empire Chapter Code Adoption
Committee, which made recommendations to Orange County jurisdictions regarding code
N
Adoption of Amendments to the 2010 California Building Codes and NBMC,
and Adoption of the 2009 International Property Maintenance Code and
2009 Uniform Swimming Pool and Hot Tub Code
January 11, 2011
Page 3 of 6
amendments that should be considered for adoption. The goal of the Adoption Committee was
to promote as much uniformity as practical throughout Orange County.
Noteworthy Local Amendments
• California Green Building Standards Code
In addition to the already adopted State mandatory requirements of the Green Building
Standards Code for residential and nonresidential structures, staff has incorporated the
additional measures recommended for adoption by the City's Task Force on Green
Development. They include:.
g Na[ 1 4
j a S1r{ $ #iiid.t£Ci i
S�h t;€ a,1 tw>e
etl by aLStandards Recommend it,&,s.�i"`{ t
T.K
� fNir
a�... ±.
. .
Energy star designation for appliances
Voluntary measure
Kitchen faucet flow rate not to exceed 1.5 gal /min.
Mandatory 2.2 gal /min
Voluntary 1.5 gal /min
Dishwasher water use not to exceed 5.8 gal /cycle
Voluntary measure
Minimum. Efficiency Rating Value (MERV 8) air filter required for
Voluntary measure
HVAC equipment
MERV 7 or better
v m
Ohl "omresrdenttalrStandards Reco bytGtk��Tas Force*
ejrk so
'€ N
mended
,jet
+ l s
Control storm water runoff quantity and quality
Already required by City
Codes, State requirements
Energy star equipment and appliances if available in energy star label
Voluntary measure
Buildings with more than one elevator or more than two escalators to
Voluntary measure
have energy saving controls for elevators and escalators
Reduce water usage of commercial clothes washer by 10% below
Voluntary measure
CEC standard
Reduce water usage for commercial dishwashers consistent with
Voluntary measure
Green Building Code
As mentioned, the above items are recommendations from the City's Task Force. The Task
Force did not have the benefit of reviewing the final edition of the California Green Building
Standards Codes since it was produced following completion of the Task Force's work.
Should City Council determine that the mandatory residential and nonresidential standards
of the California Green Building Standards Code are sufficient for implementation at this
time, some or all of the above amendments could be considered for implementation as
voluntary measures, as largely addressed in the State Green Code, or removed should
Council desire to do so.
FRI
Adoption of Amendments to the 2010 California Building Codes and NBMC,
and Adoption of the 2009 International Property Maintenance Code and
2009 Uniform Swimming Pool and Hat Tub Code
January 11, 2011
Page 4 of 6
• Administrative Code
(Proposed amendment for convenience of the customer) The new State code authorizes
permit extensions in 90 -day increments. Staff is proposing to allow up to two 180 -day
extensions to be added to the first 180 -day plan check period. This will allow applicants to
avoid requesting extensions every three months, especially during this challenging
construction time period.
• Building Code
1. (Continuation of current City standards) High -rise fire and life safety requirements are
established for buildings with the highest occupied floor above 55 feet. Continuation of
the current City requirements is proposed due to the height limit for safe use of ladders
to fight a fire and rescue the occupants.
(Detailed findings are included in the Resolution.)
2. (Continuation of current City standards) Requires a fire sprinkler system in all
occupancies for new buildings other than one or two dwelling units and more than 5,000
square feet in area or more than two stories high; and requires a fire sprinkler system in
an existing structure when the area of an addition and /or reconstruction exceeds 50% of
the existing building area. This is necessary because the sprinkler system assists in
controlling the spread of fire and often decreases damage, increases the amount of time
for escape, and provides more time for emergency fire resources to respond to
completely extinguish the fire.
(Detailed findings are included in the Resolution.)
• California Residential Code
As previously discussed with City Council, the California Residential Code now requires all
new homes to have a fire sprinkler system. State model codes do not require a fire sprinkler
system for additions and partial reconstructions. In Newport Beach, a local amendment to
the 2007 Code has been requiring fire sprinkler systems to be installed in existing homes
when an addition exceeded 50% of the existing structure and the total area of the home
exceeded 5,000 square feet. Fire Department and Building Department staff are of the
opinion that fire sprinklers in large additions or reconstructions are important for the
protection of life and property. Fire sprinkler systems in single family dwellings can control a
fire to the room of origin and reduce the chance of flash -over of hot gases before fire
resources arrive to put out the fire.
1. Staff proposes to amend the 2010 California Residential Code to require installation of a
fire sprinkler system throughout the single - family structure when an addition and /or
t(
Adoption of Amendments to the 2010 California Building Codes and NBMC,
and Adoption of the 2009 International Property Maintenance Code and
2009 Uniform Swimming Pool and Hot Tub Code
January 11, 2011
Page 5 of 6
reconstruction to an existing home exceeds 2,000 square feet. The Orange County Fire
Authority recommended a 1000 square foot threshold for an addition to trigger the fire
sprinkler requirement. Staff is of the opinion that the proposed 2,000 square foot
threshold more closely reflects the recognition of such systems now being required in
model codes for all new homes, regardless of size.
In some cases, the proposed 2000 square foot threshold is.less restrictive than Newport
Beach's prior requirement for fire sprinkler systems. For example, in the previous code,
sprinklers would have been required when 1,750 square feet were to have been added
to an existing 3,500 square foot home. On the other hand, the proposed amendment
would be more restrictive in the case of an addition and /or reconstruction of 2,000
square feet onto an existing 2,000 square foot home. It should be noted that a project
scope addressing a 2,000 square foot addition /reconstruction oftentimes includes the
reconfiguration and remodel of the.existing house, which provides more accessibility to
retrofit the overall structure with a fire sprinkler system.
(Additional findings are included in the Resolution.)
2. (New amendment — allows additional design options for residents) Allows fire retardant
wood roof covering as part of a Class A assembly for new construction and reroofs,
other than in a high fire hazard severity zone. This amendment provides expanded
options for homeowners since the City of Newport Beach amended the 2007 California
Building Code to prohibit wood roof coverings for new construction and re -roofs in all
areas of the city.
(Detailed findings are included in the Resolution.)
• Municipal Code
1. (New chapter) Municipal Code Chapter 15.12 "Post- Disaster Safety Assessment
Placards and Standard for Repair of Damaged Structures" has been added. Adoption of
guidelines in this section for posting buildings after a disaster is consistent with State
Standards for Post Disaster Safety Assessment.
2. (Amended chapter) Municipal Code Chapter 15:50 Floodplain Management. Chapter
15.50 is proposed to be revised to be consistent with the FEMA model ordinance and to
adopt FEMA's 2009 Flood Insurance Rate Maps.
Building Department staff is recommending that changes and modifications be made to the
codes and advises that certain changes and modifications to the 2010 editions of the California
Building Code and California Residential Code are reasonably necessary due to local conditions
in the City of Newport Beach; are reasonably necessary to safeguard life and property; are of an
administrative or procedural nature, or address subjects that are not covered by the codes.
5
Adoption of Amendments to the 2010 California Building Codes and NBMC,
and Adoption of the 2009 International Property Maintenance Code and
2009 Uniform Swimming Pool and Hot Tub Code
January 11, 2011
Page 6 of 6
ENVIROMENTAL REVIEW
Staff recommends the City Council find that this action 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 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, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
PUBLIC NOTICE
Notice has been given consistent with the Brown Act and no further notice is necessary.
Prepared by:
SIGNATURE
Faisal Jurdi,
Deputy Building Official
Attachments: Attachment A, BIA letter
Attachment B, Summary
Proposed Ordinance
Proposed Resolution
JE /mg
Councilt2010 \BUILDING #1 staff report codes amendments 1 -11 -10
Submitted by:
SIGNATURE
Joel Fick,
Interim Community Development Director
ATTACHMENT A
December 3, 2010
Honorable Keith Curry
Mayor
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: 2010/11 Building Codes Adoption
Mayor Curry,
On behalf of the Building Industry Association of Southern California, Orange County
Chapter (BIA/OC) I would like to take the time to comment on the 2010111 Code
Adoption package for the City of Newport Beach.
The membership of the BIAIOC is grateful to have had the opportunity to work with
city officials over the last few months in preparing for this code adoption process. It is
the opinion of our membership that the proposed local amendments of the
2010/11 California Building Code are in the best interest of the health and safety of the
residents of Newport Beach. The BIA/OC supports the adoption of the proposed code
package.
As always, the membership of the BIA/OC stands as a resource to the City of Newport
Beach and we look forward to continuing our mutually beneficial relationship. Thank
you for your thoughtful consideration.
All the best,
Bryan M. Starr
Deputy Executive Officer, BIAIOC
Cc: City Council
David Kiff, City Manager
Joel Fick, Interim Community Development Director
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7
ATTACHMENT B
AMENDMENTS TO 2010 CODES
City Council Meeting, January 11, 2011
Note: Attachment A organizes information into two groups labeled, 'Present Amendments" (including editorial)
and "Additional Amendments" to distinguish between the continuation of local amendments currently in place and
new amendments proposed.
1. Present Amendments
K
`=
NBMC
Tale
Action
Comments
4odeNi)nIe`
$�¢NQn
ADMINISTRATIVE
15.02.060
Amendment to
Amend
(Continuation of existing code) Clarifies that the
CODE
Section 101.4.4
Property Maintenance Code applies to residential
structures and not to other occupancies.
15.02.080
Amendment to .
Amend
(Editorial) References that the Property Maintenance
Section 102.6
Code is applicable to existing structures.
15.02.100
Amendment to
Amend
(Continuation of current amendment) Revises permit
Section 105.2
requirements for masonry or concrete walls, in
keeping with current NBMC, to require a building
permit for masonry fences over 3.5 feet high
(instead of 6 feet) to be consistent with Zoning Code
height limits within the setback.
15.02.120
Amendment to
Amend
(Cotninuation of current amendment) Clarifies the
Section 105.5
expiration timeline for abandoned permits and does
not allow extension after work is started.
15.02.130
Amendment to
Amend
(Continuation of current amendment) Defines
Section 109.4
imposition of investigation fee for non - permitted
work.
15.02.140
Added Section
Add
(Continuation of current amendment) Defines
110.3.9.1
special inspector testing and certification process.
INTERNATIONAL
15.03.010
Adoption of the
Adopt
(Code Update) Adopt the 2009 Edition in place of
PROPERTY
International Property
2006 Edition.
MAINTENANCE
Maintenance Code
CODE
15.03.020
Deletion of Chapter 1
Delete
(Editorial) Omits the duplication of Administrative
Code sections.
15.03.030
Amendment to
Amend
(Editorial) Edit to rename Newport Beach Property
Section 101.1
Maintenance Code.
15.03.040
Amendment to
Amend
(Continuation of current amendment) Clarifies that
Section 101.2
the Property Maintenance Code is applicable to
residential structures only.
15.03.050
Amendment to
Amend
(Editorial) Edits codes referenced to include Newport
Section 102.3
Beach Zoning Code.
BUILDING CODE
15.04.020
Amendment to
Amend
(Continuation of current amendment) Redefines a
Section 403
high -rise building as more than 55 feet, in keeping
with the Fire Department ladder truck safe reach
15.04.030
Amendment to
Amend
Section 403.1
height for fire fighting and rescue.
15.04.040
Amendment to
Amend
Section 403.1.1
15.04.070
Amendment to
Amend
(Continuation of current amendment) clarifies high
Section 701A.1
fire hazard severity zone measures also apply to
one and two family dwellings.
Page 1 of
1. Present Amendments (Continued)
Code Ngir _
�afle.
�tion
Coinmentst ; . ,
,'dn
BUILDING CODE
15.04.080
Amendment to
Amend
(Continuation of current amendment) Edit to include
Section 701A.3
alterations and additions as protected structures within
the high fire hazard severity zone.
15.04.090
Amendment to
Amend
(Continuation of current amendment) Edit to require
Section 701A.3.1
protection for additions to structures in the high fire
hazard severity zone.
15.04.100
Amendment to
Amend
(Continuation of current amendment) Definition for
Section 702A
unenclosed covered structure added for clarity.
15.04.110
Amendment to
Amend
(Continuation of current amendment) Includes skylights
Section 708A
as glazed opening for fire protection within high fire
hazard severity zone.
15.04.120
Amendment to
Amend
(Continuation of current amendment) Simplifies code
Section 710A
language and allows heavy timber framing within high
fire hazard severity zone.
15.04.130
Amendment to
Amend
(Continuation of current amendment) Requires fire
Section 903.2
sprinklers for protection of all new commercial buildings
greater -than 5000 square feet, and require fire sprinklers
for additions exceeding 50% of the existing structure and
if the total area exceeds 5,000 square feet.
15.04.150
Amendment to
Amend
(Continuation of current amendment) Redefines a high -
Section 907.2.13
rise building as more than 55 feet, in keeping with the
fire department ladder truck reach height.
15.04.160
Amendment to
Amend
(Continuation of current amendment) Redefines a high -
Section 907.5.2.2
rise building as more than 55 feet, in keeping with the
fire department ladder truck reach height, and adds
apartment houses and hotels to emergency
communication requirements (communication
requirement is new).
15.04.170
Amendment to
Amend
(Continuation of current amendment) Redefines a high-
Section 907.6.3.2
rise building as more than 55 feet, in keeping with the
fire department ladder truck reach height.
15.04.200
Amendment to
Amend
(Continuation of current amendment) Revise the
Table 1505.1
minimum roofing class rating to Class A to protect
structures.
15.04.230
Amendment to
Amend
(Continuation of current amendment) Requires pool
Section
safety barrier for protection of the public in addition to
3109.4.4.2
code required protection for the occupant and their
guests.
RESIDENTIAL
15.05.080
Deletion of
Delete
(Deletion) To provide one Automatic Sprinkler System
CODE
Section R313
language contained within the California Building Code
and NBMC.
15.05.100
Deletion of
Delete
(Deletion) To provide one Materials and Construction
Section R327
Method for Exterior Wildfire Exposure Code language
contained within the California Building Code and
NBMC.
15.05.120
Addition of
Add
(Editorial) To reference the Swimming Pools, Spas and
Section R330
Hot Tubs Code and include the State's requirements in
the CBC regarding Pool Enclosure.
Page 2 of 5 La
1. Present Amendments (Continued)
Page 3 of 5 11
O
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3
k e
stF� }� f3 i
Code I�arrre
Septio(q
Tale
IQction
Comments
RESIDENTIAL
15.05.200
Deletion of Section
Delete
(Deletion) To provide one Roof Classification Code
CODE
R902
language contained within the California Building
Code and NBMC.
SWIMMING POOL
15.09.010
Adoption of the
Adopt
(Code update) Adopt the 2009 Edition in place of
CODE
Uniform Swimming
1997 Edition.
Pool Code
15.09.020
Amendment to
Adopt
(Editorial) To provide for code enforcement on
Section 101.5.5
unmaintained pools. Same language as previously
adopted.
15.09.030
Deletion of Section
Delete
(Deletion) To provide one Administrative Code
101.5.6
contained within the Newport Beach Municipal Code
(NBMC).
15.09.040
Deletion of Sections
Delete
(Deletion) To provide one Administrative Code
102.0 through 103.8
contained within the Newport Beach Municipal Code
(NBMC) with amendment for pool specific exempt
work.
15.09.050
Addition of Section
Add
(Editorial) To reference one Excavation and Grading
301.5
code language contained within the NBMC.
15.09.060
Addition of Section
Add
(Editorial) To reference California Building Code
301.6
enclosure requirements.
15.09.070
Amendment to
Amend
(Editorial) To reference required State code
Section 309.4
Entrapment Avoidance requirements.
15.09.080
Amendment to
Amend
(Editorial) To require swimming pool drain
Section 313.3
discharge to the sanitary sewer, not the storm drain
due to the harmful effect of chlorinated water on the
bay.
Page 3 of 5 11
O
2. Additional Amendments
Code Nam e
r t
{ ',`
Trtle
cifon
Com s
rrterlt
T"
KRP
ADMINISTRATIVE
15.02.110
Amendment to
Amend
(Revised for customer convenience) Revises the
CODE
Section 105.3.2
number of plan check extensions from multiple 90 day
to two 180 day extensions. Existing code was
amended to allow only one 180 day extension.
BUILDING CODE
15.04.050
Amendment to
Amend
Section 403.4.7.2
(New amendment) Reclassifies ventilation for smoke -
proof enclosures as emergency power loads, not
15.04.060
Amendment to
Amend
standby power loads.
Section 403.4.8.1
15.04.140
Amendment to
Amend
(New amendment) Fire sprinkler requirement for new
Section 903.2.8
residential construction is relocated from CRC to CBC
and amended to require the entire house to be
retrofitted with fire sprinkler system when the addition
and /or reconstruction exceeds 2,000 sq.ft. Current
amendment requires sprinklers when the total area
exceeds 5,000 square feet (see staff report and
resolution for justification).
15.04.180
Amendment to
Amend
(New amendment) Defines minimum operating
Section 910.3.2.2
temperature for heat vent to be 100 degrees higher
than operating temperature for sprinkler.
15.04.220
Amendment to
Amend
(New amendment) Protects structures by requiring
Section 1505.1.3
Class A roofing for new buildings in other than high fire
hazard areas. Existing code does not allow wood roof
coverings. A proposed amendment would allow Class
A wood roof assembly.
15.04.250
Addition of
Add
(New amendment) Allows use of International Existing
Section 3401.3.1
Building Code as an alternate standard for additions,
alterations and repair of existing structures.
INTERNATIONAL
15.03.060
Amendment to
Amend
(Coordinated with the Building Code) Defines the
PROPERTY
Section 303.2
depth of water considered a pool to be 18 inches and
MAINTENANCE
not 24 inches, and the required barrier heights for
CODE
public safety consistent with the California Building
Code.
GREEN BUILDING
15.11.010
Amendments to
Amend
Adopt additional measures recommended by the City
STANDARDS
15.11.020
Green Building
task force; including energy and water conservation
CODE
Standards Code
measures and better storm water quality and interior
environment measures.
RESIDENTIAL
15.05.130
Amendment to
Amend
(New amendment) Prohibits the use of wood
CODE
Section R401.1
foundation systems due to seismic concerns and wood
rot at soil interface for structures.
15.05.150
Amendment to
Amend
(New amendment) Allows the Building Official to
Section R401.4
determine when a soil report is required due to cliffs,
slopes, landslides, liquefaction, flood zones or other
local soils conditions.
15.05.160
Amendment to
Amend
(New amendment) Allows Building Official, with
Section R401.4.1
knowledge of City topographical and geographical
conditions, to determine when a soil report is not
required and allow the foundation design to be based
on minimum soil bearing value.
Page 4 of 5
2. Additional Amendments (Continued)
Code Name
fJBMG
�� Lt(e
Action s
' , � `� Comments
S�ectiori;,���
RESIDENTIAL
15.05.170
Deletion of
Delete
(Deletion) to omit an exception in order to require
CODE
Exception to
reinforced foundations due to seismically active area.
Section R403.1.3
This amendment was recommended by the ICC-
OCEC for uniformity throughout the county.
15.05.180
Amendment to
Amend
(New amendment) To prohibit permanent
Section R405.1
subterranean drains, below high tide water elevation,
from collecting seawater and impacting public storm
drains and public sewers.
15.05.190
Deletion of
Delete
(Deletion) To omit the use of single top plate for walls,
Exception to
thus requiring the development of a proper chord in
Section R602.3.2
this seismically active area.
MUNICIPAL CODE
15.12.010
Adoption of Post-
Adopt
(New Guideline) Adopt a guideline for posting
POST - DISASTER
through
Disaster Safety
buildings after a disaster consistent with State
SAFETY ASSESS -
SAFE
SAFE
15.12.060
Assessment
standard, and reference the California Building Code
PLACARDS
Placards and
and amendments for structural repair of damaged
AND STANDARD
Standard for
structures.
FOR REPAIR OF
Repair of
DAMAGED
Damaged
STRUCTURES
Structures
NBMC CHAPTER
15.12
MUNICIPAL CODE
15.40.050
Flood Plain
Amend
Amend Chapter 15.50 consistent with FEMA model
FLOODPLAIN
through
Management
ordinance and adopt 2009 Flood maps.
MANAGEMENT
15.50.230
Council\2010 \BUILDING Attach a summary council 1- 11- 10.doc
Page 5 of 5 - yy
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2011 -
TABLE OF CONTENTS
Page
SECTION 1
Amendments to Chapter 15.02 Administrative Code
2
SECTION 2
Adoption of Chapter 15.03 International Property
7
Maintenance Code
SECTION 3
Amendments to Chapter 15.04 Building Code
10
SECTION 4
Amendments to Chapter 15.05 Residential Code
21
SECTION 5
Adoption of Chapter 15.09 Swimming Pool Code
25
SECTION 6
Amendments to the Green Building Standards Code
29
SECTION 7
Adoption of Chapter 15.12 Post - Disaster Safety Assessment
30
Placards and Standard for Repair of Damaged Structures
SECTION 8
Amendments to Chapter 15.50 Floodplain Management
33
SECTION 9
Severability Clause
53
SECTION 10
Publication
53
13
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE
15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
AMENDMENTS TO CHAPTER 1 DIVISION II OF THE 2010 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT BEACH
ADMINISTRATIVE CODE; TO ADOPT THE 2009 INTERNATIONAL
PROPERTY MAINTENANCE CODE; TO ADOPT THE 2009 UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE; TO AMEND THE 2010
EDITION OF THE CALIFORNIA BUILDING CODE; TO AMEND THE 2010
EDITION OF THE CALIFORNIA RESIDENTIAL CODE; TO AMEND THE
2010 CALIFORNIA GREEN BUILDING STANDARDS CODE; TO ADD A
NEW MUNICIPAL CODE CHAPTER 15.12 POST - DISASTER SAFETY
ASSESSMENT PLACKARDS AND STANDARDS FOR REPAIR OF
DAMAGED STRUCTURES; AND TO AMEND AND RENAME THE
MUNICIPAL CODE CHAPTER 15.50 FLOODPLAIN MANAGEMENT.
The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION 1: Chapter 15.02 of the Newport Beach Municipal Code is amended to read:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.060
Amendment to Section 101.4.4
15.02.080
Amendment to Section 102.6
15.02.100
Amendment to Section 105.2
15.02.110
Amendment to Section 105.3.2
15.02.120
Amendment to Section 105.5
15.02.130
Amendment to Section 109.4
15.02.140
Added Section 110.3.9.1
2
l`(
Section 15.02.060 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 International Property
Maintenance Code shall apply to existing residential 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 15.02.080 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 is specifically covered in this code, the California Building Code, the California
Residential Code, the Property Maintenance Code, or the California Fire Code, or as is
deemed necessary by the Building Official for the general safety and welfare of the
occupants and the public.
Section 15.02.100 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Building: 2.. Fe ne-i eve.r a feet (1829 mm) high Masonry or concrete fences
not over 3.5 feet (1,066.8 mm) in height above lowest adjacent grade, and all other
fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade.
Section 15.02.110 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 building official is authorized to grant up to two one -er -mere
extensions of time for additional a periods not exceeding W 180 days each. The
3 / C�
extension shall be requested in writing and justifiable cause demonstrated. (OSHPD 1,
2, & 41 Time limitation shall be in accordance with Title 24, Part 1, Chapter 7, Section 7-
129.
Section 15.02.120 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 time the weFl( as commenced. date of the last recorded
inspection. Before such work can be recommenced, a new permit shall be first 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 a periods not more than 180
days each provided work has not commenced. The extension shall be requested in
writing and justifiable cause demonstrated.
Section 15.02.130 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 fee established -by
the buif6ling offiGial that shall be in addition to the Feqyked pennit fees. 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
4 lLj
all other provisions of either this code or the technical codes nor from the penalty
prescribed by law.
Section 15.02.140 Added Section 110.3.9.1
Section 110.3.9.1 is added to read as follows:
Section 110.3.9.1 Approval of Special Inspector. The special inspector shall be a
qualified person approved by the 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 Building Official in writing,
noting all code violations 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 Building Official, as a special inspector for each classification for which they apply.
The 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 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
5 i(
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 Building Official.
7
1 0
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is amended to read
as follows:
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 and 102
15.03.030
Amendment to Section 10 1. 1
15.03.040
Amendment to Section 101.2
15.03.050
Amendment to Section 102.3
15.03.060
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 though set forth in full in this
section, the 289E 2009 International Property Maintenance Code, as published by the
International Code Council.
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 Property Maintenance
Code. A copy of the 2896 2009 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.
r�
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, and 108.1 through 108.1.5.
15.03.030 Amendment to Section 101.1
Section 10 1. 1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the IRtemationa: Newport
Beach Property Maintenance Code, herein referred to as "this code."
15.03.040 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 all existing residential
and structures and all existing premises
°^u iFeFneRts and standaFds {°• pFemises, structures, equipment and facilities for light,
ventilation, space, heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance; the responsibility of
owners, operators and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
Section 15.03.050 Amendment to Section 102.3
Section 1.02.3 is amended 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. internatienal Building Cede
this code shall be construed to cancel, modify or set aside any provision of the
lrsr_taesx�c�r�n rr.�r.^�► - � r . � :i�Ti1� . � v . KTi i(�
_8 2v
Section 15.03.060 Amendment to Section 303.2
Section 303.2 is amended as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing
water more than 2418 inches (610 mm) in depth shall be completely surrounded by a
fence or barrier at least 4860 inches (42x-91524 mm) in height above the finished
ground level measured on the side of the barrier away from the pool. Gates and doors
in such barriers shall be self - closing and self - latching. Where the self - latching device is
less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism
shall be located on the pool side of the gate. Self- closing and self - latching gates shall
be maintained such that the gate will positively close and latch when released from an
open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall
be removed, replaced or changed in a manner that reduces its effectiveness as a safety
barrier.
9 72
SECTION 3: Chapter 15.04 of the Newport Beach Municipal Code is amended to read
as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.020
Amendment to Section 403
15.04.030
Amendment to Section 403.1
15.04.040
Amendment to Section 403.1.1
15.04.050
Amendment to Section 403.4.7.2
15.04.060
Amendment to Section 403.4.8.1
15.04.070
Amendment to Section 701A.1
15.04.080
Amendment to Section 701A.3
15.04.090
Amendment to Section 701A.3.1
15.04.100
Amendment to Section 702A
15.04.110
Amendment to Section 708A
15.04.120
Amendment to Section 710A
15.04.130
Amendment to Section 903.2
15.04.140
Amendment to Section 903.2.8
15.04.150
Amendment to Section 907.2.13
15.04.160
Amendment to Section 907.5.2.2
15.04.170
Amendment to Section 907.6.3.2
15.04.180
Amendment to Section 910.3.2.2
15.04.200
Amendment to Table 1505.1
15.04.220
Amendment to Section 1505.1.3
15.04.230
Amendment to Section 3109.4.4.2
15.04.250
Addition of Section 3401.3.1
Section 15.04.020 Amendment to Section 403
Section 403 is amended to read as follows:
SECTION 403 HIGH -RISE BUILDINGS AND GROUP 1 2 OCCUPANCIES HAVING
OCCUPIED FLOORS LOCATED MORE THAN 7655 FEET ABOVE THE LOWEST
LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS AND GROUP 1 -2
10 ZZ
OCCUPANCIES HAVING OCCUPIED FLOORS LOCATED MORE THAN 75 FEET
ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS
Section 15.04.030 Amendment to Section 403.1
Section 403.1 is amended to read as follows:
Section 403.1 Applicability. New high -rise buildings
having occupied floors located more than 77555 feet above the lowest level of fire
department vehicle access and new Group 1 -2 occupancies having occupied floors
located more than 75 feet above the lowest level of fire department vehicle access shall
comply with Sections 403.2 through 403.6.
Exception: The provisions of Sections 403.2 through 403.6 shall not apply to the
following buildings and structures:
1. Airport traffic control towers in accordance with Section 412.3
2. Open parking garages in accordance with Section 406.3
3. Buildings with a Group A -5 occupancy in accordance with Section 303.1.
4. Special industrial occupancies in accordance with Section 503.1.1.
5. Buildings such as power plants, lookout towers, steeples, grain houses and similar
structures with non- continuous human occupancy, when so determined by the
enforcing agency.
Section 15.04.040 Amendment to Section 403.1.1
Section 403. 1.1 High -rise Building Item 2 is amended to read as follows:
2. `High -rise structure" means every building of any type of construction or occupancy
having floors used for human occupancy located more than 77355 feet above the
lowest floor level having building access (as defined in this section) (see Se G60
403.1.2), except buildings used as hospitals as defined in Health and Safety Code
Section 1250.
Section 15.04.050 Amendment to Section 403.4.7.2
Section 403.4.7.2 is amended to read as follows:
11 7 ?
Section 403.4.7.2 Standby power loads. The following are classified as standby
power loads:
1. Power and lighting for the fire command center required by Section 403.4.5; and
and
32. Standby power shall be provided for elevators in accordance with Sections
1007.4, 3003, 3007 and 3008.
Section 15.04.060 Amendment to Section 403.4.8.1
Section 403.4.8.1 is amended to read as follows:
Section 403.4.8.1 Emergency power loads. The following are classified as
emergency power loads:
5. Fire alarm systems; and
6. Electrically powered fire pumps-.Land
7. Ventilation and automatic fire detection equipment for smokeproof enclosures.
Section 15.04.070 Amendment to Section 701A.1
Section 701A.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 Re w buildings including one
and two - family dwellings located within a Wildland -Urban Interface Fire Area as defined
in Section 702A.
Section 15.04.080 Amendment to Section 701A.3
Section 701A.3 is amended to read as follows:
Section 701A.3 Application. New buildings, alterations and additions located in any
Fire Hazard Severity Zone or any Wildland- -Urban Interface Fire Area designated by the
enforcing agency constructed after the application date shall comply with the provisions
of this chapter.
Exceptions:
12
1. Buildings of an accessory character classified as a Group U occupancy and not
exceeding 120 square feet in floor area, when located at least 30 feet from an
applicable building.
2. Buildings of an accessory character classified as Group U occupancy of any size
located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined in Section 202
of this code (see also Appendix C — Group U Agricultural Buildings), when
located at least 50 feet from an applicable building.
Section 15.04.090 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 701A.3.1 Application date and where required.
Section 15.04.100 Amendment to Section 702A
Section 702A is amended with one addition 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 15.04.110 Amendment to Section 708A
Section 708A is amended to read as follows:
SECTION 708A EXTERIOR WINDOWS AND . DOORS AND SKYLIGHTS
Section 708A.1 General.
13
Section 708A.2 Exterior glazing. The following exterior glazing materials and/or
assemblies shall comply with this section:
1. Exterior windows
2. Exterior glazed doors
3. Glazed openings within exterior doors
4. Glazed openings within exterior garage doors
5. Exterior structural glass veneer
6. Skylights
Section 708A.2.1 Exterior windows, and exterior glazed door assembly and
skylight assembly requirements. Exterior windows, and exterior glazed door
assemblies and skylight assemblies shall comply with one of the following requirements:
Section 15.04.120 Amendment to Section 710A
Section 710A is amended to read as follows:
SECTION 710A ACCESSORY STRUCTURES
Section 710A.1 General. Accessory and miscellaneous structures, other than
buildings covered by Section 701A. 3 ,
shall be constructed to conform to the ignition
resistance requirements of this section.
Section 710A.2 Applicability. The provisions of this section shall apply to trellises,
arbors, patio covers, carports, gazebos and similar unenclosed covered structures of an
accessory or miscellaneous character.
Exceptions:
1. Decks shall comply with the requirements of Section 709A.
2. Awnings and canopies shall comply with the requirements of Section 3105.
710A.3 Where required. Accessory structures shall comply with the requirements of
this section.
710A.3.1 Attached accessory structures shall comply with the requirements of this
section.
14 ?i6
710A.3.2 When requked by the enfbw4ng agen,., ; dDetached accessory structures
within 50 feet of an applicable building shall comply with the requirements of this
section.
710A.4 Requirements. Men Fed by the eRf FGiRg agenGy °Accessory structures
shall be constructed of noncombustible er ignition- resistant materials. -, or heave timber.
Section 15.04.130 Amendment to Section 903.2
Section 903.2 is amended to read as follows:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations: described in
Qeniie.RG Q02-22.4 4h FOUgh 903.2.1-27
"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 be installed in all
occupancies when the total building area exceeds 5,000 square feet (465 mz).
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
2. Existing buildings: Notwithstanding any applicable provisions of this code, an
automatic sprinkler system shall be provided in an existing building when the
total area of the addition and reconstruction is 50% or more of the existing
building area and the resulting building area exceeds 5,000 square feet (465 m2).
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.140 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:
15 77
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.
b. An addition when the existing building is already provided with automatic fire
sprinkler system.
Section 15.04.150 Amendment to Section 907.2.13
Section 907.2.13 is amended to read as follows:
Section 907.2.13 High -rise buildings having occupied
floors located more than 7555 feet above the lowest level of fire department
vehicle access and Group 1 -2 occupancies having floors located more than 75
feet above the lowest level fire department vehicle access. High -rise buildings and
Group 1 2 ^^^^^^^Gies having occupied floors located more than 7-555 feet above the
lowest level of fire department vehicle access and Group 1 -2 occupancies having floors
located more than 75 feet above the lowest level fire department vehicle access shall be
provided with an automatic smoke detection system in accordance with Section
907.2.13.1, a fire department communication system in accordance with Section
907.2.13.2 and an emergency voice /alarm communication system in accordance with
Section 907.5.2.2.
Exceptions: 4-. Airport traffic control towers in accordance with Sections 907.2.22 and
412.
Section 15.04.160 Amendment to Section 907.5.2.2
Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows:
Section 907.5.2.2 Emergency voice /alarm communication systems. Emergency
voice /alarm communication systems required by this code shall be designed and
installed in accordance with NFPA 72. The operation of any automatic fire detector,
sprinkler waterflow device or manual fire alarm box shall automatically sound an alert
tone followed by voice instructions giving approved information and directions for a
.16 Z�
general or staged evacuation in accordance with the building's fire safety and
evacuation plans required by Section 404. In high -rise buildings and -Group —li
eeeupaneies having occupied floors located more than 7555 feet above the lowest level
of fire department vehicle access, and Group 1 -2 occupancies having occupied floors
located more than 75 feet above the lowest level fire department vehicle access the
system shall operate on a minimum of the alarming floor, the floor above and the floor
below. Speakers shall be provided throughout the building by paging zones. At a
minimum, paging zones shall be provided as follows:
5. Dwelling units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in a constantly
attended area and a general occupant notification shall be broadcast over the overhead
page.
Section 15.04.170 Amendment to Section 907.6.3.2
Section 907.6.3.2 is amended to read as follows:
Section 907.6.3.2 High -rise buildings. In high -rise buildings and GF9UP 1 2
essapaasies having occupied floors located more than .7555 feet above the lowest level
of fire department vehicle access and Group 1 -2 occupancies having occupied floors
located more than 75 feet above the lowest level fire department vehicle access, a
separate zone by floor shall be provided for all of the following types of alarm- initiating
devices where provided:
Section 15.04.180 Amendment to Section 910.3.2.2
Section 910.3.2.2 is amended to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with
an approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat - responsive device rated at least 100° F
above the operating temperature of the sprinkler, unless otherwise approved.
Section 15.04.200 Amendment to Table 1505.1
17 'Z I
Table 1505.1 is amended to read as follows:
TABLE 1505.18 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION
Section 15.04.220 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. New construction shall have
Class A roof covering.
Exception: Class B wood roof covering may be used when:
1. It is a part of Class A roof assembly, and
2. Eaves are boxed 1 -Hr assembly, and
3. Fire sprinkler system is provided throughout including attic space.
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,
new strUGtyFe, and the entire roof covering of every existing structure any-when roof
covering applied in the addition, alteration, repair or replacement of the roof e€ ev95
existing °+Wtum exceeds 50 percent of the existing roof area; shall be a fire- retardant
roof covering or assembly that is at least Class 6A.
When 50 percent or less of the total roof area is added, altered or replaced within any
one -year period, the roof covering applied in the addition, alteration, repair or
replacement of the roof of every existing structure shall be a fire - retardant roof covering
that is at least Class B.
Section 15.04.230 Amendment to Section 3109.4.4.2
Section 3109.4.4.2. is amended to read as follows:
Section 3109.4.4.2 Construction permit; safety features required. Commencing
January 1, 2007, except as provided in Section 3109.4.4.5, for the protection of the
18 ��
public, residents and their .quests, whenever a building permit is issued for construction
of a new swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single - family home, it shall be equipped with a barrier
complying with Section 3104.4.4.3 and at least one of the following °°e six drowning
prevention safety features:
1. The pool shall be isolated from the access to a home by an enclosure that meets
the requirements of Section 3109.4.4.3.
conjunction with a gate that is self GIGGing and self latGhing and Gan aGGerirnedate
a Ley IGGkahle device
32. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
43.. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool.
54. All doors providing direct access from the home to the swimming pool shall be
equipped with a self - closing, self - latching device with a release mechanism placed
no lower than 54 inches (1372 mm) above the floor.
65. Sonar sS,wimming pool alarms that, when placed in pools, will sound upon
detection of accidental or unauthorized entrance into the water. These pool alarms
shall meet and be independently certified to the ASTM Standard F 2208
"Standards Specification for Pool Alarms." whmgh is es suFfarae Fnotie^,
pressure, sonar, laser and infrared type alaF.,s For purposes of this article,
"swimming pool alarms" shall not include swimming protection alarm devices
designed for individual use, such as an alarm attached to a child that sounds when
the child exceeds a certain distance or becomes submerged in water.
76. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1-43, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or the American Society of
Testing Mechanical Engineers (ASME), inclusive, as determined by the building
19 "5 /
official. Any ordinance governing child access to pools adopted by a political
subdivision on or before January 1, 2007, is presumed to afford protection that is
equal to or greater than that afforded by any of the devices set forth in items 1 -3,
inclusive.
Section 15.04.250 Addition of Section 3401.3.1
Section 3401.3.1. is added to read as follows:
Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and
changes of occupancy to existing structures may be designed to comply with the 2009
International Existing Building Code.
20
30
SECTION 4: Chapter 15.05 of the Newport Beach Municipal Code is amended by
adopting the 2010 California Residential Code as follows:
Sections:
Chapter 15.05
RESIDENTIAL CODE
15.05.080
Deletion of Section R313
15.05.100
Deletion of Section R327
15.05.120
Addition to Section R330
15.05.130
Amendment to Section R401.1
15.05.150
Amendment to Section R401.4
15.05.160
Amendment to Section R401.4.1
15.05.170
Deletion of Exception to Section R403.1.3
15.05.180
Amendment to Section R405.1
15.05.190
Deletion of Exception to Section R602.3.2
15.05.200
Deletion of Section R902
Section 15.05.080 Deletion of Section R313 Automatic Fire Sprinkler System
Section R313 is deleted in its entirety and replaced by California Building Code Section
903.2.8 as amended in NBMC Section 15.04.140.
Section 15.05.100 Deletion of Section R327 Materials and Construction Method
for exterior wildfire exposure.
Section R327 is deleted in its entirety and replaced by California Building Code Chapter
7A as amended in NBMC 15.04.070 through 15.04.120.
Section 15.05.120 Addition of Section R330
Section R330 is added to read as follows:
SECTION R330 — SWIMMING POOLS, SPAS, AND HOT TUBS
21 33
R330.1 General. Private swimming pools, hot tubs and spas, containing water more
than 18 inches in depth shall be constructed in accordance with the provisions
contained in the City of Newport Beach Municipal Code, Chapter 15.09 SWIMMING
POOL CODE and Section 3109.4.4 of the California Building Code.
Section 15.05.130 Amendment to Section R401.1
Section R401.1 is amended to read as follows:
R401.1 Application. The provisions of this chapter shall control the design and
construction of the foundation and foundation spaces for all buildings. In addition to the
provisions of this chapter, the design and construction of foundations in areas prone to
flooding as established by Table R301.2(1) shall meet the provisions of Sertion R322
NBMC Chapter 15.50. Wood foundations shall be designed and installed in accordance
with AF &PA PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category Do D4-Gr D2 or E shall not be designed
Section 15.05.150 Amendment to Section R401.4 with the replacement of the City
of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING
CODE.
Section R401.4 is amended to read as follows:
R401.4 Soils test. Where quantifiable data nreato l by ar.Gepted 60il
oh °r°^+°^°';^° are likely to he ^ ent, Tthe building official shall determine whether to
require a soil test to determine the soil's characteristics at a particular location. This test
shall be done by an approved agenGy using aR apprew d methed.comply with the City
22 :t(
of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING
CODE.
Section 15.05.160 Amendment to Section R401.4.1
Section R401.4.1 is amended to read as follows:
R401.4.1 Geotechnical evaluation. When lR lmeu of a complete geotechnical
evaluation is not required, as determined by the Building Official, the load- bearing
values in Table R401.4.1 shall be assumed.
Section 15.05.170 Deletion
Section 1 3.1.3 Exception deleted in its entirety.
Section 15.05.180 Amendment to Section R405,1.
Section R405.1 is amended by adding exception #2 to read as follows
Exception: 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 bay water elevation.
Section 15.05.190 Deletion of Exception to Section R602.3.2
Section R602.3.2 Exception is deleted in its entirety:
23 j4�;
Section 15.05.200 Deletion of Section R902 Roof classification.
Section R902 is deleted in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Sections 1.5.04.190 through
15.04.220.
24 /
SECTION 5: Chapter 15.09 of the Newport Beach Municipal Code is replaced in its
entirety to read as follows:
Sections:
Chapter 15.09
SWIMMING POOL CODE
15.09.010 Adoption of the Uniform Swimming Pool Code
15.09.020 Amendment to Section 101.5.5
15.09.030 Deletion of Section 101.5.6
15.09.040 Deletion of Sections 102.0 through 103.8
15.09.050 Addition of Section 301.5
15.09.060 Addition of Section 301.6
15.09.070 Amendment to Section 309.4
15.09.080 Amendment to Section 313.3
15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code
The City Council adopts and incorporates by reference, as though set forth in full in this
Chapter, the 2009 edition of the Uniform Swimming Pool, Spa and Hot Tub Code and all
national codes and standards referenced therein, as published by the International
Association of Plumbing and Mechanical Officials.
The various parts of this code, along with the additions, amendments, and deletions
adopted in this Chapter, shall constitute and be known as the Newport Beach
Swimming Code. A copy of the 2009 Uniform Swimming Pool, Spa and Hot Tub 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 101.5.5
Section 101.5.5 is amended by the addition of a second paragraph to read as follows:
Section 101.5.5 Maintenance.
25 -7
All swimming pool and spa water shall be maintained in a clear condition, .which is free
of algae, insects, debris, and in a sanitary condition. The floor of the pool shall be
clearly visible.
Section 15.09.030 Deletion of Section 101.5.6
Section 101.5.6 is deleted in its entirety.
Section 15.09.040 Deletion of Sections 102.0 through 103.8 with the Replacement
of the City of Newport Beach Municipal Code; Chapter 15.02 ADMINISTRATIVE
CODE
Sections 102.0 through 103.8 are deleted in their entirety and replaced to read as
follows:
Section 102.0 Administration. The administration of this code shall be in accordance
with the provisions contained in the City of Newport Beach Municipal Code, Chapter
15.02 ADMINISTRATIVE CODE.
Section 102.0.1 Exempt work from permit. A permit shall not be required for the
following:
Section 102.0.1.1 The stopping of leaks in drains soil, waste or vent pipe provided,
however, that should and trap, drainpipe, soil, waste, or vent pipe become defective and
it becomes necessary to remove and replace the same with new material the same
shall be procured and inspection made as provided in this code.
Section 102.0.1.2 (1) The clearing of stoppages, or (2) the repairing of leaks in pipes,
valves or fixtures provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of the code or any
other laws or ordinances of this jurisdiction.
Section 15.09.050 Addition of Section 301.5
Section 301.5 is added to read as follows:
26 3
Section 301.5 Excavation, Grading and Drainage. Excavation, Grading and
Drainage shall be in accordance with the provisions contained in the City of Newport
Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE.
Section 15.09.060 Addition of Section 301.6
Section 301.6 is added to read as follows:
Section 301.6 Enclosures. Enclosures shall be in accordance with the provisions
contained in the California Building Code, section 3109 SWIMMING POOL
ENCLOSURES AND SAFETY DEVICES as adopted in the Newport Beach Municipal
Code and amended by Chapter 15.04 BUILDING CODE. Enclosures shall not be
enforced on a retroactive basis. Existing, permitted barriers required at the time of pool
construction shall be maintained: unless the existing enclosure is proposed to' be
altered, replaced or new with new or reconstructed materials. Existing one and two
family dwellings or townhouses with additions or alterations to exterior walls used as
part of a pool enclosure shall be required to comply with section 3109.
Section 15.09.070 Amendment to Section 309.4
Section 309.4 is amended to read as follows:
Section 309.4 Pool, Spa and Hot Tub Outlet. Pool, spa or hot tub outlets shall be
listed to standards for anti- body and hair entrapment in accordance with APSP 7 or
ASME Al 12.19.8. Entrapment avoidance shall be in accordance with the provisions
contained in the California Building Code, section 3109.4.4.8 and 31.09.5.
Section 15.09.080 Amendment to Section 313.3
Section 313.3 is amended by the addition of a third paragraph to read as follows:
Section 313.3
Waste water from any filter, scum filter, scum putter, 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 6 inches above the
Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed_ by
27 3 1.
the Federal Emergency Management Agency's, Flood Insurance Rate Map (FIRM)
revision date December 3, 2009.
28 q v
SECTION 6. Chapter 15.11 of the Newport Beach Municipal Code is hereby amended
to read as follows:
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of Voluntary Measures
15.11.020 Amendment to Section A4.506.1
Section 15.11.010 Adoption of Voluntary Measures. The City Council adopts and
incorporates the following sections from Appendix A4 and A5 as mandatory
requirements: A4.210.1; A4.303.1 Tier 1 and Tier 2; A4.506.1; A5.106.2; A5.106.2.1;
A5.106.2.2; A5.204.1; A5.212A; A5.303.3(1) and (2)
Section 15.11.020 Amendment to Section A4.506.1
Section A4.506.1 is amended to read as follows:
Section A4.506.1 Filters. Filters with a higher value than MERV 6 7 are installed on
central air or ventilation systems. Pressure drop across the filter shall not exceed
1 inch water column.
29 Ll
SECTION 7. Chapter 15.12 of the Newport Beach Municipal Code is hereby added to
read:
Sections:
Chapter 15.12
POST - DISASTER SAFETY ASSESSMENT PLACARDS
AND STANDARD FOR REPAIR OF DAMAGED STRCTURES
15.12.010 Adoption of Post- Disaster Safety Assessment Placards
and Standard for Repair of Damaged Structures
15.12.020
Purpose and Intent
15.12.030
Application of Provisions
15.12.040
Definitions
15.12.050
Placards
15.12.060
Structural Repairs
Section 15.12.010 Adoption of Post - Disaster Safety Assessment Placards and
Standard for Repair of Damaged Structures. The City Council adopts and
incorporates by reference, as though set forth in full in this section, the Disaster Safety
Assessment Placards and Standard for Repair of Damaged Structures.
Section 15.12.020 Purpose and Intent This chapter establishes standard placards to
be used to indicate the condition of a structure for continued occupancy after any
natural or manmade disaster. This chapter further authorizes the Building Department
representative to post the appropriate placard at each entry point to a building or
structure upon completion of a safety assessment. This chapter also provides a defined
level of repair for buildings damaged by a natural or manmade disaster where a formal"
state of emergency has been proclaimed by the City Council
30 q 2..
Section 15.12.030 Application of Provisions. The provisions of this chapter are
applicable, following each natural or manmade disaster, to all buildings and structures
of all occupancies regulated by the City of Newport Beach.
Section 15.12.040 Definitions.
Damage Ratio is the estimated value of repairs required to restore the structural
members to the estimated replacement value of the building or structure.
Safety assessment is a visual, non - destructive examination of a building or structure
for the purpose of determining the condition for continued occupancy following a natural
or manmade disaster.
Section 15.12.050 Placards.
1. The following are descriptions of the official placards to be used to designate the
condition for continued occupancy of buildings or structures.
a. INSPECTED, — Lawful Occupancy Permitted (Green in color) is to be
posted on any building or structure wherein no apparent structural hazard has
been found. This placard is not intended to mean that there is no damage to
the building or structure.
b. RESTRICTED USE — (Yellow in color) is to be posted on each building or
structure that has been damaged wherein the damage has resulted in some
form of restriction to the continued occupancy. The individual who posts this
placard will note in general terms the type of damage encountered and will
clearly and concisely note the restrictions on continued occupancy.
c. UNSAFE Do Not Enter or Occupy (Red in color) is to be posted on each
building or structure that has been damaged such that continued occupancy
poses a threat to life safety. Buildings or structures posted with this placard
shall not be entered except as authorized in writing by the Building.
Department. Safety assessment teams shall be authorized to enter these
buildings. This placard is not to be used or considered as a demolition order.
31 q'5
The individual who posts this placard will note in general terms the type of
damage encountered.
2. This ordinance number, the name of the department, its address, and phone
number shall be listed on each placard.
3. Once it has been attached to a building or structure, a placard is not to be
removed, altered or covered until done so by an authorized representative of the
building department or upon written notification from the department.
Section 15.12.060 Structural Repairs. Structural repairs shall comply with Chapter
34 of the California Building Code or added Section 3401.3.1.
32 ` L,l
SECTION 8. Chapter 15.50 of the Newport Beach Municipal Code is amended and
renamed to read as follows:
Sections:
Chapter 15.50
FLOODPLAIN MANAGEMENT DAMAGE PREVENTION
15.50.050 Definitions. Amended.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard. Amended.
15.50.130 Designation of the Floodplain Administrator. Amended.
15.50.135 Permit Review. Added.
15.50.140 Review, Use of Other Base Flood Data. Amended.
15.50.145
Development of Substantial Improvement and Substantial
Damage Procedures. Added.
15.50.160
Alteration of Watercourses. Deleted and replaced
15.50.160
Notification of Other Agencies. Replaced.
15.50.190
Conditions for Variances. Amended.
15.50.200
Standards of Construction. Amended.
15.50.230
Coastal High Hazard Areas. Amended.
Section 15.50.050 Amendment to Section 15.50.050
Section 15.50.050 is amended to read as follows:
Section 15.50.050 Definitions. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning they have in
common usage and to give this chapter its most reasonable application.
"Addition" means any additional building square footage added to the lot.
"Addition cost" means the "addition" square footage multiplied by the cost per foot
average as determined by the Building Official.
33 q!5
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance
rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood - related erosion hazard" is the land within a community, which is
most likely to be subject to severe flood - related erosion losses. The area may be
designated as Zone E on the flood insurance rate map (FIRM).
"Area of special flood hazard." See "Special flood hazard area."
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe
mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance
rate map (FIRM).
"Base flood" means a flood, which has a 1% chance of being equaled or exceeded in
any given year (also called the "100 -year flood "). Base flood is the term used through
this chapter.
"Basement" means any area of the building having its floor subgrade, i.e., below ground
level on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed
to break away under abnormally high tides or wave action without causing damage to
the structural integrity of the building on which they are used or any buildings to which
they might be carried by flood waters. A breakaway wall shall have a safe design
34 (�
loading resistance of not less than 10 and no more than 20 pounds per square foot. Use
of breakaway walls must be, certified by a registered engineer or architect and shall
meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which
would occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due
to the effects of wind and water loads acting simultaneously in the event of
the base flood.
"Building." See "Structure."
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other
area subject to high velocity wave action from storms or seismic sources. It is an area
subject to high velocity waters, including coastal and tidal inundation or tsunamis. The
area is designated on a flood insurance rate map (FIRM) as Zone VE, or V.
"Current value of the structure" means the existing structure square footage multiplied
by the cost per foot average as determined by the Building Official.
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction. of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
36 " L
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters; the
unusual and rapid accumulation or runoff of surface waters from any source;
and /or mudslides; and
2. The condition resulting from flood - related erosion.
"Flood boundary and floodway map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance and Mitigation
Administration has delineated both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance and Mitigation Administration has delineated
the areas of flood hazards.
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance and Mitigation Administration
has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance and
Mitigation Administration that includes flood profiles, the flood insurance rate map, the
flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
36 00
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain,. including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as grading and erosion control) and other application of police power which
control development in flood -prone areas. This term describes federal, state or local
regulations in any combination thereof, which provide standards for preventing and
reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents.
" F000dway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. Also referred to as a
"regulatory floodway."
"Fraud and victimization" as related to Section 15.50.190, variances, of this chapter,
means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the City of Newport Beach will consider the fact that
every newly constructed building adds to government responsibilities and remains a
part of the community for fifty to one - hundred years. Buildings that are permitted to be
37 to
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be incurred only
at very high flood insurance rates.
"Functionally dependent use" means a use, which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, and does not include long-
term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e., county or municipality that is
empowered to adopt and implement regulations to provide for the public health, safety
and general welfare of its citizenry.
"Hardship" as related to Section 15.50.190, variances, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance.
The City of Newport Beach requires that the variance be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship alone is not
exceptional. Inconvenience, aesthetic considerations, physical handicaps,. personal
preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as
an exceptional hardship. All of these problems can be resolved through other means
without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a slightly different use than
originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
38 60
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of the Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states with approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than .a basement area (see "Basement ") is not
considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non - elevation design requirements of
this chapter. (Note: This definition allows garages serving one or two dwelling units to
be built at grade. Below grade garages serving one or two dwelling units are not allowed
as they are considered to be basements.)
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "Manufactured home" does
not include a "Recreational vehicle."
39
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation
of liquid mud down a hillside, usually as a result of a dual condition of loss of brush
cover and the subsequent accumulation of water on the ground, preceded by a period
of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
"New construction" for floodplain management purposes, means structures for which
the "Start of construction" commenced on or after the effective date of floodplain
management regulations adopted by this community, and includes any subsequent
improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by this community.
"North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National
Flood Insurance Program, the vertical datum to which base flood elevations shown on a
community's flood insurance rate map are referenced.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
40 J
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and /or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One- hundred -year flood" or "100 -year flood." See 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent
to the beach and subject to erosion and overtopping from high tides and waves during
major coastal storms. The inland limit of the primary frontal dune occurs at the point
where there is a distinct change from a relatively mild slope.
"Principal structure" means a structure used for the principal use of the property as
distinguished from an accessory use.
"Public safety and nuisance" as related to Section 15.50.190, variances, of this chapter
means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the customary manner, of
any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle, which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
41 53,
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
'Remodel' means any reconstruction, rehabilitation or renovation of an existing
structure whereby no additional floor area is added to an existing structure.
'Remodel cost' means the cost of the remodel as determined by the Building Official.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area." See "Area of shallow flooding."
"Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e.,
mudflow) or flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A,
AO, AE, A99, AH, VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement was within one hundred eighty days of the permit. The actual start means
either the first placement or permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
Work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and /or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a "Substantial improvement', the actual start of construction means
42 ��
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means any damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition (see
"Remodel cost ") would equal or exceed 50% of the "Current value of the structure"
before the damage occurred.
"Substantial improvement" means any new construction, "Remodel" or "Addition ", where
the "Remodel cost" plus the "Addition cost" is at least 50% of the "Current value of the
structure." This term includes structures, which have incurred "Substantial damage,"
regardless of the actual repair work performed. However, the term does not include:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
2. Any alteration, of a "Historic structure," provided that the alteration will not
preclude the structure's continued designation as a "Historic structure."
"V zone." See "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter, which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant
with this ordinance. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
43 65
"Water surface elevation" means the height, in relation to the North American Vertical
Datum (NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
Section 15.50.070 Amendment to Section 15.50.070
Section 15.15.070 is amended to read as follows:
Section 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The
areas of special flood hazard identified by the Federal Insurance Administration of the
Federal Emergency Management Agency in the "Flood Insurance Study Orange County
and Incorporate Areas," dated February 18, 2004 December 3, 2009, with an
accompanying flood insurance rate map and flood boundary and floodway maps dated
February 18, 2 December 3, 2009, and all subsequent revisions, are adopted by
reference and declared to be a part of this chapter. This flood insurance study is on file
at 3300 Newport Boulevard, Newport Beach, California (92659- 1768). This flood
insurance study is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas which allow implementation of this chapter and
which are recommended to the City Council by the Floodplain Administrator.
NON&GtandiRg the building pad elevations established by the fted iRsuFanGe rate
Fnap6, the FniRimum FequiFed first floor elevations for the interier living areas of all ne
Section 15.50.130 Amendment to Section 15.50.130
Section 15.50.130 is amended to read as follows:
Section 15.50.130 Designation of the Floodplain Administrator. The City Manager
or his designated representative is hereby appointed to administer, aad implement and
enforce this chapter by granting or denying development permit applications in
44 ��
accordance with its provisions. The floodplain administrator shall also 1) Take action to
remedy violations of this ordinance; 2) Complete and submit a biennial report to FEMA;
and 3) Assure the community's General Plan is consistent with floodplain management
objectives.
Section 15.50.135 Addition of Section 15.50.135
Section 15.50.135 is added to read as follows:
Section 15.50.135 Permit Review. The Floodplain Administrator or his designated
representative shall review all development permits to determine:
1. Permit requirements of this ordinance have been satisfied, including
determination of substantial improvement and substantial damage of existing
structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding.
4. The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not
been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated development
will not increase the water surface elevation of the base flood more than 1 foot at
any point; and,
5. All Letters of Map Revision (LOMRs) for flood control projects are approved prior
to the issuance of building permits. Building permits must not be issued based
on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow
construction of the proposed flood control project and land preparation as
specified in the "start of construction" definition.
Section 15.50.140 Amendment to Section 15.50.140
Section 15.50.140 is amended to read as follows:
Section 15.50.140 Review. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 15.50.070, basis for
establishing the areas of special flood hazard, the Floodplain Administrator or his
45 6-7
designated representative shall obtain, review and reasonably utilize any base flood
elevation data available from a federal, state or other source, in order to administer
Sections .15.50.200 through 15.50.250.
Section 15.50.145 Addition of Section 15.50.145
Section 15.50.145 is added to read as follows: .
Section 15.50.145 Development of Substantial Improvement and Substantial
Damage Procedures. The Floodplain Administrator or his designated representative
shall:
1. Answer to questions about substantially damaged buildings develop detailed
procedures for identifying and administering requirements for substantial
improvement and substantial damage to include defining "Current Value of the
Structure."
2. Assure procedures are coordinated with other departments /divisions and
implemented by community staff.
Section 15.50.160 is deleted in its entirety and replaced as follows:
Section 15.50.160 Notification of Other Agencies:
1. Alteration or relocation of a watercourse. The Floodplain Administrator or his
designated representative shall:
a. Notify adiacent communities and the California Department of Water
Resources prior to alteration or relocation;
46 65
b. Submit evidence of such notification to the Federal Emergency Management
Agency: and watercourse is maintained:
c. Assure that the flood carrying capacity within the altered or relocated portion
of said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations. The Floodplain
Administrator or his designated representative shall:
a. Within six months of information becoming available or project completion,
whichever comes first, submit or assure that the permit applicant submits
technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. Verify all LOMRs for flood control projects are approved prior to the issuance
of building permits. Building permits must not be issued based on Conditional
Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of
the proposed flood control project and land preparation as specified in the
"start of construction" definition.
Such submissions are necessary so that upon confirmation of those physical
changes affecting flooding conditions risk premium rates and floodplain
management requirements are based on current data.
3. Changes in corporate boundaries: The Floodplain Administrator or his
designated representative shall nnotify FEMA in writing whenever the corporate
boundaries have been modified by annexation or other means and include a
copy of a map of the community clearly delineating the new corporate limits.
Section 15.50.190 Amendment to Section 15.50.190
Section 15.50.190 is amended to read as follows: .
Section 15.50.190 Conditions for Variances.
1. Variances may be issued for the FeGORStFUGtiOR, repair or rehabilitation er .
resteratinn of structures listed in National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the
remainder of this section upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic
47 ;%-�7'
structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
2. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on, or victimization of, the public, or conflict
with existing local laws or ordinances.
5. Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety.
6. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced flood lowest
flood elevation. A copy of the notice shall be recorded by the Floodplain Board in,
the office of the Orange County Recorder and shall be recorded in a manner so
that it appears in chain of title of the affected parcel of land.
Section 15.50.200 Amendment to Section 15.50.200
Section 15.50.200 is amended to read as follows:
48 60
Section 15.50.200 Standards of Construction. In all areas of special flood hazards,
all "substantial improvements," including all existing construction, shall meet the
following standards:
A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
B. Construction Materials and Methods.
1.. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment
and other service -facilities that are designed and /or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding; and
4. Within zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
C. Elevation and Floodproofing.
1. Residential construction shall have the lowest floor, including basement;
a. In an AO zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM, or
elevated at least two feet above the highest grade if no depth number is
specified;
b. In an A zone, elevated to or above the base flood elevation, as determined
by the City of Newport Beach;
c. In all other zones, elevated to or above the base flood elevation per
Section 15.50.070.
d. Fully enclosed areas below the lowest floor (excluding basements) that
are usable solely for parking of vehicles, building access or storage, and
which are subject to flooding, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit
49 6 1
of floodwater. Designs for meeting this requirement must exceed the
following minimum criteria:
i. Be certified by a registered professional engineer or architect to
comply with a local floodproofing standard approved by the Federal
Insurance and Mitigation Administration, or Federal Emergency
Management Agency; or
ii. Have a minimum of two openings having a total net area of not less
. than one square inch for every square foot of enclosed area subject to
flooding. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided that they permit the automatic
entry and exit of floodwater.
e. Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer
or surveyor, and verified by the community building inspector to be
properly elevated. Such certification or verification shall be provided to the
Floodplain Administrator.
2. Nonresidential Construction. Nonresidential construction shall either be
elevated to conform with subsection (C)(1)(a, b, c) or together with attendant
utility and sanitary facilities:
a. Be floodproofed below the elevation recommended under subsection
(C)(1)(a, b, c) so that the structure is watertight with walls substantially
impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the
standards of this section are satisfied. Such certification shall be submitted
to the Floodplain Administrator.
3. Manufactured Homes. Manufactured homes that are placed or substantially
improved shall be elevated to or above the base flood elevation and be
50 "�
securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
4. Recreational Vehicles. All recreational vehicles shall:
a. Be on the site for fewer than one hundred eighty (180) consecutive days;
b. Be fully licensed and ready for highway use; a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
c. Meet the permit requirements of Section 15.50.200(C) of this chapter.
D. Required Submittals. Before construction begins within any area of special flood
hazards established in Section 15.50.070, application for a building permit shall
be made pursuant to the WRifsrrn Administrative Code, adopted in Newport
Beach Municipal Code Section 15.02.010. In addition to submittals required by
the Uniform Administrative Code, drawings shall show the nature, location,
dimensions, and elevations of each structure; existing and proposed grades, and
drainage facilities. Specifically, the following information is required:
1. Proposed elevation, as determined by a licensed land surveyor or registered
civil engineer, of the lowest floor (including basement) of all structures;
2. Proposed elevation in relation to (NAVD) to which any structure will be
floodproofed;
3. All appropriate certifications listed in Section 15.50.150 of this chapter; ,
4. Description of the extent to which any watercourse will be altered or relocated
as a result of the proposed development;
5. Plans for any walls to be used to enclose space below the base flood levels.
E. Floodways. Encroachments into floodways are prohibited including fill, new
construction, substantial improvements, and other development, unless
certification by a registered civil engineer is provided demonstrating that the
proposed encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
Section 15.50.230 Amendment to Section 15.50.230
51 61-5
Section 15.50.230 is amended to read as follows:
Section 15.50.230 Coastal High Hazard Areas. Within coastal high hazard areas as
established under Section 15.50.070 the following standards shall apply.
A. All "Substantial improvements," including all existing construction, and
manufactured homes shall be elevated on adequately anchored pilings or
columns and securely anchored to such pilings or columns so that the lowest
horizontal portion of the structural members of the lowest floor (excluding the
pilings and columns) is elevated to or above the base flood level. The pile of
column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be
those associated with the base flood. Wind loading values used shall be those
required by the California Building Code;
B. All new construction and other development shall be located on the landward
side of the reach of mean high tide;
C. "Substantial improvements," including all existing construction shall have the
space below the lowest floor free of obstructions or constructed with breakaway
walls as defined in Section 15.50.050 of this chapter. Such enclosed space shall
not be used for human habitation and will be usable solely for parking of vehicles,
building access and storage;
D. Fill shall not be used for structural support of buildings;
E. Manmade alteration of sand dunes which would increase potential flood damage
is prohibited;
F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or land surveyor that a proposed
structure complies with Section 15.50.230(A);
2. The elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all new
and substantially improved structures, and whether such structures contain a
basement.
5
SECTION 10. Severability Clause. That 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 11. Publication. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the day of , 2011, and adopted
on the day of , 2011", by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS.
ATTEST:
CITY CLERK
53
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
Codes\2010 \BUILDING 15' ordinance code amendments 1 -11 -10
54 GG
r
RESOLUTION NO. 2011-
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 CALIFORNIA
BUILDING CODE AND THE CALIFORNIA RESIDENTIAL
CODE AS REASONABLY NECESSARY.
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 pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code
Section 17922 to impose the same requirements as are contained in the 2010
California Building Code based on the 2009 International Building Code of the
International Code Council, the 2010 California Residential Code based on the 2009
International Residential Code, the 2010 California Green Building Standards Code, the
2010 California Plumbing Code based on the 2009 Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the 2010 California
Mechanical Code based on the 2009 Uniform Mechanical Code of the International
Association of Plumbing and Mechanical Officials, and the 2010 California Electrical
Code based on the 2008 National Electrical Code of the National Fire Protection
Association (hereinafter referred to collectively as "Codes "); and
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; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to Section 17958.5 make express
findings that such changes or modifications are needed due to local climatic,
geographic, or topographic conditions; and
WHEREAS, the 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 of Newport Beach and have further advised that the remainder of said changes
and modifications are administrative or procedural in nature.
�1
Resolution No. 2011
Page 2 of 9
January 11, 2011
NOW THEREFORE, the City Council of the City Of Newport Beach does hereby
RESOLVE as follows:
SECTION 1. The following changes and modifications to the 2010 Editions of
the California Building Code and to the 2010 California Residential Code as
recommended by the Building Official are hereby found to be necessary due to local
climatic, geographic or topographic conditions:
1. Newport Beach Municipal Code Section 15.04.020 through 15.04.040,
California Building Code Section 403 and 403.1.1 redefine the height of the
top level in high -rise buildings from 75 ft. to 55 ft. and modify the
application of special provisions for these buildings.
Applicable findings: a, b, c (findings start at Section 2)
2. Newport Beach Municipal Code Sections 15.04.050 through 15.04.060,
California Building Code Sections 403.4.7.2 and 403.4.8.1 were amended to
require stair ventilation and smoke detection in a high -rise building to be
part of the emergency power load instead of part of standby power load.
.Applicable findings: a, b, c
3. Newport Beach Municipal Code Sections 15.04.070 through 15.04.120,
California Building Code Chapter 7A (Materials and Construction Methods
for Exterior Wildfire Exposure) was amended to provide fire-resistive
construction requirements for additions, alterations and accessory
structures on parcels adjacent to very high fire hazard severity zones
within the City of Newport Beach.
Applicable findings: d, e, f
4. Newport Beach Municipal Code Sections 15.04.130, California Code
Section 903.2 was amended to require a fire sprinkler system in new
structures other than one- and two- family dwellings with an area exceeding
5,000 square ft.; and in existing buildings when an addition exceeds 50% of
the existing building area, and the total area of the building exceeds 5,000
sq.ft.
Applicable findings: c, d, e
5. Newport Beach Municipal Code Section 15.04.140; California Building Code
Section 903.2.8 was amended consistent with California Residential Code
Resolution No. 2011 -
Page 3 of 9
January 11, 2011
Section R313.2 to require fire sprinkler systems in all new one- and two -
family dwellings and amended to require fire sprinkler systems be installed
with the construction of a significant addition and reconstruction.
Applicable findings: d, e, f (also see item #11)
6. Newport Beach Municipal Code Sections 15.04.150, 15.04.160 and
15.04.170, California Building Code Sections 907.2.13, 907.5.2.2 and
907.6.3.2 were amended to require a fire alarm system in buildings with the
highest occupied floor more than 55 ft. above Fire Department vehicle
access.
Applicable findings: a, b, c
7. Newport Beach Municipal Code Section 15.04.180, California Building Code
Section 910.3.2.2 was amended to require automatic heat vents to operate
at a temperature which does not impede activation of the fire sprinkler
system.
Applicable findings: a, b, c
8. Newport Beach Municipal Code Sections 15.04.200 and 15.04.220 amended
sections of Chapter 15 of the California Building Code to provide Class A
roof cover within high fire hazard severity zones and prohibit the use of
wood roof covers. It also allows use of Class B fire - retardant wood roof
covering as part of Class A roof assembly in other than high fire hazard
severity zone.
Applicable findings: d, e, f
9. Newport Beach Municipal Code Section 15.04.230, California Building Code
Section 3109.4.4.2 was amended to clarify that pool safety fencing is also
required for protection of the public.
Clarification of code requirements
10. Newport Beach Municipal Code Section 15.04.250, California Building Code
Section 3401.3.1 has been added to the California Building Code to allow
the use of the International Existing Building Code as an alternate standard
for additions, alterations and repairs of existing structures.
Applicable findings: g, h
11. Newport Beach Municipal Code Section 15.05.080, California Residential
Code. Section R313 was deleted and substituted by amended California
Resolution No. 2011
Page 4 of 9
January 11, 2011
Building Code Section 903.2.8 for fire sprinkler requirements in one- and
two- family dwellings. The amendment includes the requirement to provide
fire sprinkler systems when an addition and /or reconstruction to a single -
family dwelling exceeds 2,OOO.sq.ft.
Applicable findings: d, e, f
12. Newport Beach Municipal Code Section 15.05.100, California Residential
Code Section R327 was deleted and substituted by California Building
Code Chapter 7A for construction requirements within high fire hazard
areas.
Similar requirement in the California Building Code
13. Newport Beach Municipal Code Section 15.05.120 added Section R330 to
the California Residential Code and referenced California Building Code
Section 3109.4 for pool safety requirements.
Reference to California Building Code
14. Newport Beach Municipal Code Section 15.05.130 California Residential
Code Section R401.1 was amended to reference Newport Beach Municipal
Code Chapter 15.50 for construction requirements within flood hazard
areas and not allow wood foundations in seismic design categories D2 or
E.
Applicable findings: 1, j
15. Newport Beach Municipal Code Section 15.05.150, Section R401.4 was
amended to reference Newport Beach Municipal Code Chapter 15.10 for
excavation and grading requirements.
Reference the Municipal Code
16. Newport Beach Municipal Code Section 15.05.160, California Residential
Code Section R401.4.1 was amended to give the Building Official discretion
over requiring a soils report.
Applicable findings: h, i
17. Newport Beach Municipal Code Section 15.05.170, California Residential
Code Section R403.1.3 exception was deleted which allows unreinforced
concrete footings.
Applicable findings: h, i
-7 J
Resolution No. 2011
Page 5 of 9
January 11, 2011
18. Newport Beach Municipal Code Section 15.05.180, California Residential
Code Section R405.1 exception 2 was added to not allow foundation
dewatering for basement walls extending below high tide bay water
elevation.
Applicable findings: i
19. Newport Beach Municipal Code Section 15.05.190, California Residential
Code Section R602.3.2 exception was deleted which allows a single top
plate on a stud wall.
Applicable findings: h
20. Newport Beach Municipal Code Section 15.05.200, California Residential
Code Section R902 was deleted and substituted with California Building
Code Section 1505.
Applicable findings: d, e, f (also see item #8)
21. Newport Beach Municipal Code Sections 15.11.010 and 15.11.020. The
following California Green Building Standards Code residential and
nonresidential voluntary measures have been adopted as mandatory
measures: A4.210.1; A4.303.10 Tier 1 and Tier 2; A4.506.1; A5.106.2;
A5.106.2.1; A5.106.2.2; A5.204.1; A5.212.1; A5.303.3(1) and 2.
These measures require a higher level of energy and water conservation
and better storm water quality and interior air quality.
Applicable findings: k
SECTION 2. FINDINGS:
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
75 ft. vertically 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 fire fighting apparatus above this height. Providing high -rise building
safety requirements for buildings with floors higher than 55 feet above fire truck
access provides improved occupant safety.
%1
Resolution No. 2011 -
Page 6 of 9
January 11, 2011
b. The City of Newport Beach is located in a seismically active area. The public
water system would 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 to floors
above the 55 ft. level. 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. There is
also a need to provide increased protection for occupants on upper floors with
the probability of strong aftershocks.
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.
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.
f. 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
Resolution No. 2011 -
Page 7 of 9
January 11, 2011
earthquake damage according to Chapter 34 of the California 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
International Existing Building Code provides a reasonable performance standard
for strengthening and repair of structures. 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 hilly areas subject to landslides and coastal areas
subject to liquefaction.
I. 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.
j. 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 surf.
West Newport Beach is subject to flooding from the Santa Ana River. 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.
II-)
Resolution No. 2011
Page 8 of 9
January 11, 2011
SECTION 3: A copy of this Resolution together with the Ordinances 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 (Section 17958.7 H & S Code).
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
SECTION 5: This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 11th day of January, 2011, and
adopted on the day of , 2011, by the following vote, to -wit:
AYES, COUNCI
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS.
TA'• i
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
Resolution No. 2011
Page 9 of 9
January 11, 2011
David R. Hunt, City Attorney
For the City of Newport Beach
CodesQ010MILDING 1 " Resolution code amendments 1 -11 -10