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HomeMy WebLinkAbout2016-17 - Amending Title 15 of The Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of The 2016 California Building Code Designated as The Newport Beach Administrative Code; to Adopt The 2016 California Historical Code, The 2016 CCITY OF NEWPORT BEACH BUILDING DEPARTMENT ORDINANCE NO. 2016-17 TABLE OF CONTENTS TITLE 15 SECTION 1 Amendments to Chapter 15.02 Administrative Code 3 SECTION 2 Amendment to Chapter 15.03 International Property 7 Maintenance Code SECTION 3 Amendments to Chapter 15.04 Building Code 9 SECTION 4 Amendments to Chapter 15.05 Residential Code 16 SECTION 5 Amendment to Chapter 15.06 Electrical Code 24 SECTION 6 Amendment to Chapter 15.07 Mechanical Code 26 SECTION 7 Amendment to Chapter 15.08 Plumbing Code 27 SECTION 9 Amendments to Chapter 15.11 Green Building Standards Code 28 SECTION 10 Adoption of Chapter 15.13 Historical Building Code 29 SECTION 11 Adoption of Chapter 15.14 Existing Building Code 29 SECTION 12 Adoption of Chapter 15.17 Energy Code 30 Ordinance No. 2016-17 Page 2 of 32 ORDINANCE NO. 2016-17 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 2016 CALIFORNIA BUILDING CODE DESIGNATED AS THE NEWPORT BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2016 CALIFORNIA HISTORICAL CODE, THE 2016 CALIFORNIA EXISTING BUILDING CODE, THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND THE 2016 CALIFORNIA ENERGY CODE; TO ADOPT WITH LOCAL AMENDMENTS TO THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 2016 EDITION OF THE 2016 CALIFORNIA BUILDING CODE, THE 2016 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2016 CALIFORNIA ELECTRICAL CODE, THE 2016 CALIFORNIA MECHANICAL CODE, AND THE 2016 CALIFORNIA PLUMBING CODE RECITALS WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission (`BSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property. The BSC has advised local jurisdictions that the State of California ("State") will adopt the 2016 Edition of the California Building Standards Code ("CBC'); WHEREAS, the 2016 CBC is based on the 2015 International Building Code. The CBC published by the BSC in Title 24, Part 1; Part 2 Volume I & II; Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, and Part 11 are mandated to be enforced on January 1, 2017. In order to include our local amendments and enhance life safety and property protection, the City of Newport Beach ("City") must complete its adoption process thirty (30) days prior to January 1, 2017. The adoption of the code into the City Municipal Code provides for an orderly administration of the codes by City Building and Fire officials; WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate differences caused by local topographical, geographical, and climatic conditions. In accordance with California Health and Safety Code Section 17958.7, any modifications made via local ordinance must be filed, along with the findings thereto, with the BSC. Ordinance No. 2016-17 Page 3 of 32 These local changes will be incorporated into Title 15 of the Newport Beach Municipal Cod e; WHEREAS, to aid in efficiency and clarity, portions of Title 15 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the CBC that are correlated with the findings in Resolution No. 2016 - adopted by the City Council of the City of Newport Beach on November 7, 2016. When approved, the ordinance and accompanying resolution will be forwarded to the BSC in compliance with the above mentioned code sections; WHEREAS, the various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Administrative Code; WHEREAS, all prior references to the former Newport Beach Administrative Code shall be construed to apply to the corresponding provisions of the Newport Beach Administrative Code contained herein; and, WHEREAS, the 2016 CBC is similar to the 2013 version; the attached ordinance contains similar provisions as adopted by the City Council in 2013. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 15.02 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.02 ADMINISTRATIVE CODE 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15.02.030 Amendment to Section 101.4.3. 15.02.040 Amendment to Section 101.4.4. 15.02.050 Amendment to Section 102.6 15.02.060 Amendment to Section 102.7. 15.02.070 Added to Section 103.1 Ordinance No. 2016-17 Page 4 of 32 15.02.080 Amendment to Section 105.2 15.02.090 Amendment to Section 105.3.2 15.02.100 Amendment to Section 105.5 15.02.110 Amendment to Section 109.4 Section 15.02.010 Adoption of the Administrative Code. 15.02.010 Adoption of Section 15.02.010 The City Council adopts and incorporates by reference, as though set forth in full in this section Chapter 1 Division II of the 2016 Edition of the California Building Code as published by the International Code Council. The various parts of this chapter, including additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Administrative Code. A copy of the 2016 California Building Code printed in code book form shall be kept on file in the office of the City Clerk. Section 15.02.020 Amendment to Section 101.1 Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." Section 15.02.030 Amendment to Section 101.4.3 Section 101.4.3 is amended to read as follows: Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Section 15.02.040 Amendment to Section 101.4.4 Section 101.4.4 is amended to read as follows: Section 101.4.4 Property maintenance. The provisions of the Newport Bach Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire Ordinance No. 2016-17 Page 5 of 32 safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. Section 15.02.050 Amendment to Section 102.6 Section 102.6 is amended to read as follows: Section 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code, the International Property Maintenance Code, California Building Code, the California Residential Code, or the California Fire Code, or as is deemed necessary by the Chief Building Official. Section 15.02.060 Added to Section 102.7 Section 102.7 is added to read as follows: Section 102.7 Remodel or renovation. If the valuation of the permit for the remodel or renovation of a building is equal to or exceeds 50 percent of the market value of such building, then the entire building shall comply with the Code provisions for new construction. Exceptions: 1. This provision does not apply for permit valuations less than $209,000; 2. The Chief Building Official is authorized to accept less than the requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained. Section 15.02.070 Amendment to Section 103.1 Section 103.1 is amended to read as follows: Section 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Chief Building Official. Ordinance No. 2016-17 Page 6 of 32 Section 15.02.080 Amendment to Section 105.2 Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 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 15.02.090 Amendment to Section 105.3.2 Section 105.3.2 is amended to read as follows: Section 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 15.02.100 Amendment to Section 105.5 Section 105.5 is amended to read as follows: Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the date of the last recorded inspection. Before such work can 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 periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Ordinance No. 2016-17 Page 7 of 32 Section 15.02.110 Amendment to Section 109.4 Section 109.4 is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to 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. Section 2: Chapter 15.03 of the Newport Beach Municipal Code is deleted in its entirety and 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, 102 and 108.1 through 108.1.5 15.03.030 Amendment to Section 101.1 15.03.040 Amendment to Section 102.3 15.03.050 Amendment to Section 303.2 Section 15.03.010 Adoption of the International Property Maintenance Code The City Council adopts and incorporates by reference, as set forth in full in this section, the 2015 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 Ordinance No. 2016-17 Page 8 of 32 Code. A copy of the 2015 International Property Maintenance Code shall be kept on file in the office of the City Clerk. Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1 through 108.1.5 Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 105, and 108.1 through 108.1.5. Section 15.03.030 Amendment to Section 101.1 Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Property Maintenance Code, herein referred to as "this code." Section 15.03.040 Amendment to Section 102.3. Section 102.3 is amended to read as follows: Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable adopted codes Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Newport Beach Zoning . Section 15.03.050 Amendment to Section 303.2 Section 303.2 is amended to read as follows: Section 303.2 Enclosures. Private swimming pools, hot tubs and spas shall comply with section 3109.4.2 as amended in Section 15.04.210 of the Newport Beach Building Code. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Section 3: Chapter 15.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Ordinance No. 2016-17 Page 9 of 32 Chapter 15.04 BUILDING CODE 15.04.010 Adoption of the California Building Code 15.04.020 Amendment to Section 105.2 15.04.030 Amendment to Section 701 A.1 15.04.040 Amendment to Section 701 A.3 15.04.050 Amendment to Section 701A.3.1 15.04.060 Amendment to Section 702A 15.04.070 Amendment to Section 708A 15.04.080 Amendment to Section 708A.2.1 15.04.090 Amendment to Section 710A 15.04.100 Amendment to Section 902 15.04.110 Amendment to Section 903.2 15.04.120 Amendment to Section 903.2.8 15.04.130 Amendment to Table 1505.1 15.04.140 Amendment to Section 1505.1.3 15.04.150 Amendment to Section 1704.2.1 15.04.160 Add Section 1812 Earth Retaining Shoring 15.04.170 Amendment to Section 1905.1.7 15.04.180 Amendment to Section 3109.4.4.2 Section 15.04.010 Adoption of the 2016 California Building Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Building Code, Volumes 1 and 2, including section 1812A, Appendix C, I, and California Code of regulations Title 24 part 8 and part 10 and all national codes and standards referenced therein, based on the 2015 International Building Code, as published by the International Code Council. The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Building Code. A copy of the 2016 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the City Clerk. Ordinance No. 2016-17 Page 10 of 32 Section 15.04.020 Amendment to Section 105.2 Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 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 15.04.030 Amendment to Section 701A.1 Section 701 A.1 is amended to read as follows: Section 701A.1 SECTION 701A SCOPE, PURPOSE AND APPLICATION. Section 701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of buildings including one -and two-family dwellings located within a Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area as defined in Section 702A. Section 15.04.040 Amendment to Section 701A.3 Section 701A.3 is amended by deleting Exception #4 in its entirety: Section 15.04.050 Amendment to Section 701A.3.1 Section 701 A.3.1 is amended by deleting Exception #2 in its entirety: Section 15.04.060 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 15.04.070 Amendment to Section 708A Ordinance No. 2016-17 Page 11 of 32 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; and 6. Skylights Section 15.04.080 Amendment to Section 708A.2.1 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: Section 15.04.090 Amendment to Section 710A Section 710A is amended to read as follows: SECTION 710A ACCESSORY STRUCTURES Section 710A.3 Where required. Accessory structures shall comply with the requirements of this section. 710A.3.2 Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section. Section 710AA Requirements. Accessory structures shall be constructed of noncombustible, ignition -resistant materials, or heavy timber. Section 15.04.100 Amendment to Section 902 is amended by adding: Ordinance No. 2016-17 Page 12 of 32 BUILDING AREA as used in this chapter shall mean gross building area enclosed within exterior walls. Section 15.04.110 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: 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 m2), unless more restrictive requirements are required by other provisions of the Code. 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 any of the following conditions exists: a) When an addition is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2), b) When an additional story is added above the second floor regardless of fire areas or allowable are. c) When an addition is added and the existing building is already provided with an automatic fire sprinkler system. d) More restrictive requirements are required by other provisions of the Code. Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. Section 15.04.120 Amendment to Section 903.2.8 Section 903.2.8 is amended to read as follows: Ordinance No. 2016-17 Page 13 of 32 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. c) As determined for new construction per Section 102.7 The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved. Section 15.04.130 Amendment to Table 1505.1 Table 1505.1 is amended to read as follows: TABLE 1505.V MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION' 'See chapter 7A for roof covering requirements. Section 15.04.140 Amendment to Section 1505.1.3 Section 1505.1.3 is amended to read as follows: Section 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, and the entire roof covering of every existing structure when roof covering applied in the addition, alteration, repair or Ordinance No. 2016-17 Page 14 of 32 replacement of the roof exceeds 50 percent of the existing roof area; shall be a fire -retardant roof covering or assembly that is at least Class B. Section 15.04.150 Amendment to Section 1704.2.1 Section 1704.2.1 is amended to read as follows: Section 1704.2.1 Special inspector qualifications. The special inspector shall be a qualified person approved by the Chief Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Chief Building Official in writing, noting all code violations and other information as required on forms prescribed or approved by the City of Newport Beach. Each person applying for listing/registration as a special inspector for the City of Newport Beach shall possess a valid certification from a certifying agency approved by the Chief Building Official, as a special inspector for each classification for which they apply. The Chief Building Official may administer testing procedures which he/she may find appropriate. Each person applying for registration, as a special inspector for the City of Newport Beach, shall pay a registration fee as set forth in the City Council Fee Resolution, payable with the application. A registration card shall be issued to each such special inspector who qualifies. A renewal fee as set forth in the City Council Fee Resolution for each classification shall be charged on July 1st of each year thereafter at which time the special inspector may be subject to re-examination. The Chief Building Official may, in writing, suspend or revoke any special inspector's certificate of registration for due cause. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of registration should not be revoked. Failure to appear at such hearing by the special inspector may result in immediate revocation of said certificates. Special inspector's qualification registrations are to be given only for special inspections required in Chapter 17 of the California Building Code or for work specifically authorized by the Chief Building Official. Ordinance No. 2016-17 Page 15 of 32 The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as the approved agency and their personnel are permitted to act as the special inspector for the work designed by them, provided they qualify as special inspectors. Section 15.04.160 Add Section 1812 Earth Retaining Shoring Section 1812 is added to read as follows: 1812: Earth Retaining Shoring. Shoring shall meet the requirements of Section 1812A Earth Retaining Shoring. Section 15.04.170 Amendment to Section 1905.1.7 Section 1905.1.7 is amended by deleting Exceptions 1 through 3 in its entirety: Section 15.04.180 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 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 at least one of the following 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. Ordinance No. 2016-17 Page 16 of 32 5. 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 Chief Building Official. Section 4: Chapter 15.05 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections Chapter 15.05 RESIDENTIAL CODE 15.05.010 Adoption of the California Residential Code 15.05.020 Amendment to Section R101.1 15.05.030 Amendment to Section R101.2 15.05.040 Deletion of Sections R102 through R114 15.05.050 Amendment to Sections R115 15.05.060 Deletion of Section R301.1.1.1 15.05.070 Amendment to Section R301.1.3 15.05.080 Amendment to Table R301.2(1) 15.05.090 Amendment to Table R301.2(1) Footnote g. 15.05.100 Amendment to section R301.2.4 15.05.110 Amendment to Section R309.3 15.05.120 Deletion of Section R313 15.05.125 Amendment to Section R319.1 15.05.130 Deletion of Section R322 15.05.140 Amendment to Section R326 15.05.150 Deletion of Section R337 15.05.160 Addition to Section R341 15.05.170 Amendment to Section R401.4 15.05.180 Amendment to Section R404 15.05.190 Deletion of Section R405.1 15.05.200 Add Section R409 Earth Retaining and Shoring 15.05.210 Amendment to Section R902 Section 15.05.010 Adoption of the California Residential Code Ordinance No. 2016-17 Page 17 of 32 The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Residential Code including Appendix H, Section AJ102.4.3 of Appendix J and all national codes and standards referenced therein, based on the 2015 International Residential Code, as published by the International Code Council. The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Code. A copy of the 2016 California Residential Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.05.020 Amendment to Section R101.1 Section R101.1 is amended to read as follows: Section R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of Newport Beach, and shall be cited as such and will be referenced to herein as "this code." Section 15.05.030 Amendment to Section R101.2 Sections R101.2 is amended to read as follows: Section R101.2 Scope. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane. Exceptions: 1. Live/work units located in townhouses and complying with the requirements of section 419 of the California Building Code shall be permitted to be constructed in accordance with the California Residential Code for One- and Two -Family Dwellings. Fire suppression required by Section 419.5 of the California Building Code where constructed under the California Residential Code for One- and Two-family Dwellings shall conform to Section 903.3.1.3 of the California Building Code. Ordinance No. 2016-17 Page 18 of 32 2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the California Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section 903.3.1.3 of the California Building Code. Section 15.05.040 Deletion of Sections R102 through R114 from Chapter 1, Division II Sections R102 through R114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.05.050 Amendment to Sections 8115 Section R115 is amended to read as follows: SECTION R115 — Existing Buildings For existing One- and Two-family dwellings, the Existing Buildings Code as adopted under section 15.14 of the Newport Beach Municipal Code shall be the applicable code. Section 15.05.060 Deletion of Section R301.1.1.1 in its entirety. Section R301.1.1.1 is deleted in its entirety. Section 15.05.070 Amendment to Section R301.1.3 Section R301.1.3 is amended to read as follows: Section R301.1.3 Engineered design. Where a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practices. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the California Building Code is permitted for buildings and structures and parts thereof, included in the scope of this code. Ordinance No. 2016-17 Page 19 of 32 R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for woodframe construction found in this code, the Chief Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Section 5537 and 6737.1. R301.1.3.2 Woodframe structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of a woodframe construction more than two stories in height or basement. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Section 5537 and 6737.1. R301.1.3.3 Structures other than woodframe. The Chief Building Official shall require floor, wall or roof -ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry or structural insulated panels prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Section 5537 and 6737.1. Section 15.05.080 Amendment to Table R301.2(1) Table R301.2(1) is amended by completing the table to read as follows: Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER UNDER- AIR MEAN Frost GROUND Speed Topography DESIGN line DESIGN LAYMENT FLOOD FREEZING ANNUAL SNOW ° effects CATEGORY Weathering Depth Termite TEMP REQUIRED HAZARDS INDEX TEMP LOAD (mph) k f a b e e h g j Zero 110 No Do, D, D2or Negligible 12" to Very 43 No See 0 60 E 24" Heavy footnote g Ordinance No. 2016-17 Page 20 of 32 Section 15.05.090 Amendment to Table R301.2(1) Footnote g. Table R301.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) revision date February 7, 2014; Flood Insurance Study (FIS Profile) effective date of revision: October 20, 2014; Community number: 060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404; Suffix "J"; Initial NFIP map date: March 15, 1974; and Initial FIRM date: September 1, 1978. Section 15.05.100 Amendment to Section R301.2.4 Section R301.2.4 is amended to read as follows: Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2(1), and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the City of Newport Beach Municipal Code Chapter 15.50, FLOODPLAIN MANAGEMENT. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24. Section R301.2.4.1 Alternate provisions. As an alternate to the requirements in the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein. Section 15.05.110 Amendment to Section R309.3 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain Management Section R309.3 is amended to read as follows: Ordinance No. 2016-17 Page 21 of 32 Section R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table R301.2(1), garage floors shall be: 1. Elevated to or above the design flood elevation as determined in accordance with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management; or 2. Located below the design flood elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management and are otherwise constructed in accordance with this code. Section 15.05.120 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 Section 15.04.130. Section 15.05.125 Amendment to Section R319.1 Section R319.1 is amended as follows: Section R319.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property, and alley if adjacent to the property. Address identification characters shall contract with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Section 15.05.130 Deletion of Section R322 with the Replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section R322 is deleted in its entirety and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management Ordinance No. 2016-17 Page 22 of 32 Section 15.05.140 Amendment to section R326 Section R326 is amended to read as follows; SECTION R326 — SWIMMING POOLS, SPAS AND HOT TUBS R326.2 Maintenance. 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. R326.3 Enclosure and a Drowning Prevention Safety Devise. An Enclosure and a Drowning Prevention Safety Device shall be in accordance with the provisions contained in the California Building Code, Section 3109.4.4 as adopted in the Newport Beach Municipal Code and amended. Enclosures shall not be enforced on a retroactive basis. Existing, permitted enclosures and drowning prevention safety devices required at the time of pool construction shall be maintained; unless the existing enclosure or drowning prevention safety device 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. R326.4 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. R326.5 Waste water. Waste Water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM). Section 15.05.150 Deletion of Section R337 Materials and Construction Method of Exterior Wildfire Exposure. Ordinance No. 2016-17 Page 23 of 32 Section R337 is deleted in its entirety and replaced by California Building Code Chapter 7A as amended in Sections 15.04.050 through 15.04.100. Section 15.05.160 Addition of Section R341 Section R341 is added to read as follows: SECTION R341 - SOUND TRANSMISSION R341.1 General. Wall and floor -ceiling assemblies separating dwelling units including those separating adjacent townhouse units shall provide air -borne sound insulation for walls and both air -borne and impact sound insulation for floor -ceiling assemblies per section 1207 of the 2016 California Building Code, Title 24, Part 2. Section 15.05.170 Deletion of Section R401.4 Soil Test Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations Section 15.05.180 Deletion of Section R404 Foundation and Retaining Walls Section R404 is deleted in its entirety. Section 15.05.190 Amendment to Section R405.1 Section R405.1 is amended by adding a second 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 15.05.200 Add Section R409 Earth Retaining and Shoring Ordinance No. 2016-17 Page 24 of 32 Section R409 is added by referencing Section 1812A Earth Retaining and Shoring of the California Building Code. Section 15.05.210 Deletion of Section R902 Roof classification. Section R902 is amended in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.130 through 15.04.140. Section 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections Chapter 15.06 ELECTRICAL CODE 15.06.010 Adoption of the California Electrical Code. 15.06.020 Amendment to Article 342.10 15.06.030 Amendment to Article 344.10 15.06.040 Amendment to Article 358.10 Section 15.06.010 Adoption of the California Electrical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Electrical Code based on the 2014 National Electrical Code, as published by the National Fire Protection Association. The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2016 California Electrical Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.06.020 Amendment to Article 342.10 Article 342.10 is amended to read as follows: 342.10 Uses Permitted. Ordinance No. 2016-17 Page 25 of 32 (A) All Atmospheric Conditions and Occupancies. Use of IMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. Section 15.06.030 Amendment to Article 344.10 Article 344.10 is amended to read as follows: 344.10 Uses Permitted (A) Atmospheric Conditions and Occupancies. (1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless steel RMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. (2) Red Brass RMC. Red brass RMC shall be permitted to be for swimming pool applications. (3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where judged suitable for the environment. Rigid aluminum conduit encased in concrete shall be provided with approved supplementary corrosion protection. (B) Corrosive Environments. (1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows, Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC elbows, couplings, and fittings shall be permitted to be installed in concrete, or in areas subject to severe corrosive influences where protected by corrosion protection and judged suitable for the condition. (2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be provided with approved supplementary corrosion protection where encased in concrete. Section 15.06.040 Amendment to Article 358.10 Article 358.10 is amended to read as follows: 358.10 Uses Permitted. Ordinance No. 2016-17 Page 26 of 32 (A) Exposed and Concealed. The use of EMT shall be permitted for concealed work only. (B) Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings, and fittings shall be permitted to be installed in concrete, where protected by corrosion protection and approved as suitable for the condition. Section 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.07 MECHANICAL CODE 15.07.010 Adoption of California Mechanical Code 15.07.020 Addition of Section 103.5 15.07.030 Amendment of Section 107.1 Section 15.07.010 Adoption of California Mechanical Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Mechanical Code, based on the 2015 Uniform Mechanical Code, by the International Association of Plumbing and Mechanical Officials. The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2016 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.07.020 Addition of Section 103.2 Section 103.5 is added to read as follows Section 103.5 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Chief Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Chief Building Official shall first Ordinance No. 2016-17 Page 27 of 32 find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division. Section 15.07.030 Amendment of Section 107.1 Section 107.1 is amended in its entirety to read as follows: Section 107.1 General. Appeals of the Chief Building Official decision shall be by municipal code section 15.80 Section 7: Chapter 15.08 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.08 PLUMBING CODE 15.08.010 Adoption of California Plumbing Code. 15.08.020 Addition of Section 103.5 15.08.030 Amendment of Section 107.1 Section 15.08.010 Adoption of California Plumbing Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2015 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials. The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A copy of the2016 California Plumbing Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.08.020 Addition of Section 103.5 Ordinance No. 2016-17 Page 28 of 32 Section 103.5 is added to read as follows Section 103.5 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Chief Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Chief Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division. Section 15.08.030 Amendment of Section 107.1 Section 107.1 is amended in its entirety to read as follows: General. Appeals of the Chief Building Official decision shall be by Municipal Code Chapter 15.80. Section 8: Chapter 15.09 of the Newport Beach Municipal Code is deleted in its entirety and reserved. Section 9: Chapter 15.11 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows Sections: Chapter 15.11 GREEN BUILDING STANDARDS CODE 15.11.010 Adoption of the California Green Standards Section 15.11.010 Adoption of the 2016 California Green Standards Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Green Building Standards Code. The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Green Standards Ordinance No. 2016-17 Page 29 of 32 Code. A copy of the 2015 California Green Standards Code shall be kept on file in the office of the City Clerk. Section 10: Chapter 15.13 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.13 HISTORICAL BUILDING CODE 15.13.010 Adoption of the California Historical Building Code. Section 15.13.010 Adoption of the California Historical Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Historical Building Code, California Code of regulations part 8 and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 2016 California Historical Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 11: Chapter 15.14 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Section: Chapter 15.14 EXISTING BUILDING CODE 15.14.010 Adoption of California Existing Building Code Section 15.14.010 Adoption of the California Existing Building Code Ordinance No. 2016-17 Page 30 of 32 The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Existing Building Code, California code of regulations title 24 part 10, appendix A, Chapter A-1, A-2 and A-3, and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2016 California Existing Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 12: Chapter 15.17 is added to the Newport Beach Municipal Code to read as follows: Section: Chapter 15.17 ENERGY CODE 15.17.010 Adoption of the California Energy Code Section 15.17.010 Adoption of the California Energy Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Energy Code and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2016 California Energy Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 13: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses, and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 14: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 15: 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, Ordinance No. 2016-17 Page 31 of 32 subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 16: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 17: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. [CONTINUED ON NEXT PAGE] Ordinance No. 2016-17 Page 32 of 32 This ordinance was introduced at a special meeting of the City Council of the City of Newport Beach held on the 7th day of November, 2016, and was adopted at a regular meeting on the 22nd day of November, 2016, by the following vote to wit: AYES: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Peotter ATTEST: — �4k- J, bm,' LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE [11��NFWIN 049�-Uri N LN AARON C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-17 was duly introduced on the 7th day of November, 2016 at a special meeting, and adopted by the City Council at a regular meeting duly held on the 22nd day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Peotter IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of November, 2016. w 1 Pofmi STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } f w J. hn� Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-17 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: November 12, 2016 Adopted Ordinance: November 26, 2016 In witness whereof, I have hereunto subscribed my name this f(/` -' day of DgQ 2016. o �l POR J, No--- Leila'ni I. Brown, MMC City Clerk City of Newport Beach, California (Seal)