HomeMy WebLinkAbout2022-83 - Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the CalRESOLUTION NO. 2022-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE,
THE CALIFORNIA BUILDING CODE, THE CALIFORNIA
RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL
CODE, THE CALIFORNIA MECHANICAL CODE, THE
CALIFORNIA PLUMBING CODE AND THE
INTERNATIONAL SWIMMING POOL AND SPA CODE AS
REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same, modified,
or changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2022 California Building Code
based on the 2021 International Building Code of the International Code Council, the 2022
California Residential Code based on the 2021 International Residential Code, the 2022
California Green Building Standards Code, the 2022 California Plumbing Code based on
the 2021 Uniform Plumbing Code of the International Association of Plumbing and
Mechanical Officials, the 2022 California Mechanical Code based on the 2021 Uniform
Mechanical Code of the International Association of Plumbing and Mechanical Officials,
and the 2022 California Electrical Code based on the 2020 National Electrical Code of
the National Fire Protection Association, the 2022 California Energy Code, the 2022
Historical Code, and the 2022 Existing Building Code (hereinafter referred to collectively
as ("Codes");
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of local
climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to Health and Safety Code Section
17958.5 make express findings that such changes or modifications are needed due to
local climatic, geographic, or topographic conditions;
Resolution No. 2022-83
Page 2 of 11
WHEREAS, the Chief Building Official has recommended that changes and
modifications be made to the Codes and has advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in the
City and has further advised that the remainder of said changes and modifications are
administrative or procedural in nature; and
WHEREAS, a copy of this resolution together with the ordinance adopting the 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.
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the following changes and
modifications to the 2021 Edition of the International Property Maintenance Code, 2021
International Swimming Pool and Spa Code, 2022 California Building Code, 2022
California Residential Code, 2022 California Electrical Code, 2022 California Mechanical
Code, and 2022 California Plumbing Code, as recommended by the Chief Building
Official, and finds that the changes are necessary due to local climatic, geographic or
topographic conditions:
INTERNATIONAL PROPERTY
JUSTIFICATION/EXPRESS FINDINGS
MAINTENANCE CODE SECTION
Chapter 1
Reference to Newport Beach Admin.
Code
302.4 (Weeds)
Reference to Newport Beach Admin.
Code
303.2 (Enclosures)
Make consistent with the California
Building Code
CALIFORNIA BUILDING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
701 A.1 (Scope)
d, e, f
701A.3 (Delete Exception #5)
d, e, f
Resolution No. 2022-83
Page 3 of 11
701 A.3.1 (Delete Exception #2)
d, e, f
702A (Def. Unenclosed Covered Structure)
d, e, f
710A.3.4 (Miscellaneous Structure
requirements)
d, e, f
903.2 (Sprinkler Requirement Commercial)
c, d, e
903.2.8 (Sprinkler Requirement Residential)
a, c, d, e
903.2.8 Item 2 Exceptions #1 and #2
Comply with AB2221 and SB897
amendment to Gov. Code
65852.2 (a)(1)(D)(xii) and
65852.2(e)(3)
1505.1 (Minimum Roof Covering Classification
for Types of Construction)
d,e,f
1505.1.2 (Roof Coverings within all other
areas)
d, e,f
1612.3 (Establishment of Flood Hazard Areas)
i, j
1704.2.1 (Special Inspector Qualifications)
g, h, i
1905.1.7 (Delete Exceptions 1 through 3)
g, h, i
CALIFORNIA RESIDENTIAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b, h, i
R301.1.1.1 (Deleted)
e, f, g, h, i, j
R301.1.3 — R301.1.3.3 (Engineered Design)
a, b, d, c, g, h, i, j
R301.2, Table R301.2
g, h, j
Table R301.2, footnote g
j
R301.2.4 — R301.2.4.1 (Floodplain
Construction & Alternate provisions)
h,i,j
R309.3 (Flood Hazard Areas)
i, j
R313 (Replaced with CBC 903.2.8)
a, b, c, e, i
Resolution No. 2022-83
Page 4 of 11
R319.1(Address Identification)
k,
R322 (Adding Floodplain Management
Ordinance)
h' i'
R337 (Materials and Construction Method of
Additional reference to California
Exterior Wildfire Exposure)
Building Code
R341 (Sound Transmission)
I, Additional reference to California
Building Code
R401.4 (Geotechnical Investigations)
a, b, c, g, h, i, j, Additional reference
to California Building Code
R404 (Deleted)
a, b, c, g, h, i, j
R405.1 (Basement Wall Drainage)
i, j
R902 (Roof Classification)
d, e, f, Additional reference to
California Building Code
CALIFORNIA ELECTRICAL CODE
JUSTIFICATION/EXPRESS FINDINGS
SECTIONS
R358.10(A) (EMT — Uses Permitted)
i, j
R358.10B (EMT — Uses Permitted)
i, j
CALIFORNIA MECHANICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
CALIFORNIA PLUMBING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
Resolution No. 2022-83
Page 5 of 11
Make consistent with the California
107.1 (Appeals)
Building Code
INTERNATIONAL SWIMMING POOL AND
JUSTIFICATION/EXPRESS FINDINGS
SPA CODE SECTION
Administrative change by Chartered
101.1 (Title)
City
Administrative change by Chartered
101.2 (Scope)
City
Administrative change by Chartered
102 through 114 (Delete Sections)
City
Make consistent with the California
201.3 (Terms)
Codes
Make consistent with California
202 (Definitions)
Swimming Pool Safety Act
301.1 (Scope)
n
m, Make consistent with the
302.1 (Electrical)
California Codes
Make consistent with the California
302.2 (Water service and drainage)
Codes
Make consistent with the California
302.5 (Backflow protection)
Codes
Make consistent with the California
302.E (Wastewater discharge)
Codes
303.1 (Energy consumption of pools and
Make consistent with the California
permanent spas)
Codes
Make consistent with the California
303.1.1 through 303.3 (Deleted)
Codes
304.2 (Floodplain Construction)
i, j
305.1 (General)
n, Administrative change by
Resolution No. 2022-83
Page 6 of 11
Chartered City
m, Administrative change by
305.2 (Swimming Pools and Spa)
Chartered City
Make consistent with California
305.2.1(1) (Barrier height and clearance)
Swimming Pool Safety Act
Administrative change by Chartered
305.2.4 (Deleted)
City
Make consistent with California
305.3.3 (Latch release)
Swimming Pool Safety Act
Make consistent with California
305.5(1) and (2) (Pool Structure as a barrier)
Swimming Pool Safety Act
Additional reference to California
306.1 (General)
Codes
306.4 (Deck steps handrail required)
n
Table 306.5 (Minimum Drainage Slopes for
Make consistent with the California
Deck Surfaces)
Building Code
Additional reference to California
306.9.1 (Hose bibbs)
Codes
Additional reference to California
307.1.1 (Glazing in hazardous locations)
Codes
Additional reference to California
307.1.3 (Roofs or canopies)
Codes
Additional reference to California
307.1.4 (Accessibility)
Codes
307.2.2 (Materials and structural design)
Additional reference to California
Codes
n, Administrative change by
310.1 (Exception #2)
Chartered City
316.4 (Installation)
Additional reference to California
Codes
Resolution No. 2022-83
Page 7 of 11
316.6.1 (Installation)
Additional reference to California
Codes
Additional reference to California
318.2 (Protection of potable water supply)
Codes
J, Administrative change by
320.1 (Backwash water or draining water)
Chartered City
320.2 and 320.3 (Deleted)
Administrative change by Chartered
City
321 (General, Residential pool and deck
Additional reference to California
illumination)
Codes
Chapter 4 (Deleted)
n
Chapter 5 (Deleted)
n
Chapter 6 (Deleted)
n
703.1 (General)
Additional reference to California
Codes
802.1 (Materials of components and
Additional reference to California
accessories)
Codes
802.2 (Structural design)
Additional reference to California
Codes
901.2 (General)
Administrative change by Chartered
City
903 (Added Section)
Administrative change by Chartered
City
904 (Added Section)
Administrative change by Chartered
City
905 (Added Section)
Administrative change by Chartered
City
906 (Added Section)
Administrative change by Chartered
City
907 (Added Section)
Administrative change by Chartered
Resolution No. 2022-83
Page 8 of 11
a. The City of Newport Beach is located in an area subject to a climatic condition of
high winds. This environment is conducive to rapidly spreading fires. Control of
such fires requires a rapid response. Obstacles generated by a strong wind, such
as fallen trees, street lights and utility poles, and the requirement to climb up flights
of stairs will greatly impact the response time to reach an incident scene.
Additionally, the amount of wind force at 60 ft. above the ground puts rescue
personnel at increased risk of injury when they are using aerial -type firefighting
apparatus above this height.
b. The City of Newport Beach is located in a seismically active area. The public water
system may be damaged after a major seismic event. This would leave tall
buildings vulnerable to uncontrolled fires due to a lack of available water and an
inability to pump sufficient quantities of available water. A severe seismic event
has the potential to negatively impact any rescue or fire suppression activities
because it is likely to create obstacles similar to those indicated under the high
wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with reduced
fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
e. The City of Newport Beach, especially the foothill areas, is geographically located in
an area periodically subject to high temperature dry Santa Ana wind conditions of
high velocity. Moreover, the topographical conditions of the foothill areas and
canyons contained therein tend to accelerate the periodic high velocity winds by
means of a venturi effect. The use of non -rated or special purpose roofing materials
as roof coverings within the City of Newport Beach may create an inordinate fire
hazard during periods of high velocity winds when fire may spread across buildings
with roof coverings of non -rated combustible materials.
Embers from chimneys without spark arresters within the City of Newport Beach,
including the foothill areas, coupled with the climatic, topographic and geographic
conditions described herein above, may permit the throwing of sparks, embers and
cinders upon non -rated and special purpose roofing material roofs during periods of
high velocity winds, thereby creating a fire hazard which in turn may spread
Resolution No. 2022-83
Page 9 of 11
throughout areas where the roofs of structures are covered with wood shakes and
shingles.
g. The City of Newport Beach is subject to seismic activity which may result in damage
to existing structures that do not comply with current code. Repair of earthquake
damage according to California Existing Building Code requires upgrading the
existing building to a standard higher than that to which it was built, which creates a
financial hardship for the building owner to repair an earthquake -damaged structure
or strengthen it prior to a seismic event. The California Existing Building Code
provides a reasonable performance standard for strengthening and repair of
structures. The Federal Emergency Management Agency ("FEMA") requires
adoption of performance standards for the repair of damaged structures as a
condition of financial assistance after disasters.
h. The City of Newport Beach is located in a seismically active area. There are
earthquake faults that run along both the northeastern and southwestern
boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which
runs through Orange County was the source of the destructive 1933 Long Beach
earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120
lives, with areas damaged from Laguna Beach to Marina del Rey and inland to
Whittier, and poses one of the greatest hazards to lives and property in the nation.
Regional planning for reoccurrence is recommended by the State of California,
Department of Conservation. There was also an earthquake in December 1989,
with the epicenter located near the City of Irvine. The fault on which this quake
occurred was unknown prior to this activity. The City of Newport Beach contains
coastal bluffs and hilly areas subject to landslides, earth induced landslides and it
has coastal areas subject to flooding and liquefaction.
The City of Newport Beach has coastal and bay front areas with sandy soils and a
shallow water table at the same elevation as bay water elevation which fluctuates
with the tide. Sandy soils and high ground water level may cause the soils to
liquefy during a seismic event.
The City of Newport Beach contains low lying coastal areas subject to flooding from
sustained rain with tides which hinders drainage to the bay. Certain other areas such
as Balboa Island are subject to water surges from drainage through back bay. Other
oceanfront areas are subject to flooding from storm -driven high waves run up and
overtop coastal beach berms. West Newport Beach is subject to flooding from the
Santa Ana River and storm events with tides. The City of Newport Beach participates
in the Federal Flood Insurance Program and has adopted a FEMA-required flood
management ordinance with flood mitigation measures including construction
requirements contained in Newport Beach Municipal Code Chapter 15.50.
k. Newport Beach is located in Southern California and can be subject to air pollution,
water and power shortages, climate change, and potential pollution of bay water.
Resolution No. 2022-83
Page 10 of 11
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography.
M. The City of Newport Beach is a Charter City, therefore; topographical,
geographical and climatic conditions are not required to amend the administrative
provisions within the code.
n. City of Newport Beach does not have jurisdiction over Public Pools. The enforcing
agencies for Public Pools are the California Department of Public Health and the
local health agency, County of Orange Health Care Agency, per Health and Safety
Code Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the
California Building Code.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-83
Page 11 of 11
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 15th day of November 2022.
ATTEST:
Leilani I. Brown
City Clerk
P
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C�v1
Aarbn C. Harp
City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH f
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; the foregoing resolution, being Resolution
No. 2022-83 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 15th day of November, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
ABSENT: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 16th day of November, 2022.
Leilani I. Brown
City Clerk
Newport Beach, California
From:
HCD Building Standards(cbHCD
To:
man. Eric
Cc:
Brown, Leilani
Subject:
RE: Ordinance Filing: City of Newport Beach
Date:
December 02, 2022 10:25:14 AM
Attachments:
imaae001.Dna
image003.pnng
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hello,
Thank you for contacting the California Department of Housing and Community
Development (HCD). We are in receipt of your submitted correspondence. A HCD
Representative will reach out if there are any questions or comments.
Thank you,
Tyler Mayo
Codes and Standards Representative
From: Bryan, Eric <EBryan@newportbeachca.gov>
Sent: Friday, December 2, 2022 10:11 AM
To: HCD Building Standards@HCD <HCDBuildingStandards@hcd.ca.gov>
Cc: Brown, Leilani <LBrown@newportbeachca.gov>
Subject: Ordinance Filing: City of Newport Beach
Hello:
Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title
15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24.
Please acknowledge receipt.
Thank you,
Eric Bryan, CRM/CIGO
Deputy City Clerk, City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 1 92660
T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov
Please note that email correspondence with the City of Newport Beach, along with attachments, may
be subject to the California Public Records Act, and therefore may be subject to disclosure unless
otherwise exempt.
From:
Bryan, Eric
To:
ordinancefilinas(c0das.ca.a0v
Cc:
Brown, Leilani
Subject:
Ordinance Filing: City of Newport Beach
Date:
December 02, 2022 10:11:36 AM
Attachments:
imaae001.Dna
Resolution 2022-83.Ddf
Resolution 2022-84.Ddf
Ordinance 2022-26.Ddf
Ordinance 2022-27.Ddf
image003.pnng
Hello:
Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title
15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24.
Please acknowledge receipt.
Thank you,
Eric Bryan, CRM/CIGO
Deputy City Clerk, City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 192660
T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov
Please note that email correspondence with the City of Newport Beach, along with attachments, may
be subject to the California Public Records Act, and therefore may be subject to disclosure unless
otherwise exempt.