HomeMy WebLinkAbout06 - Adoption of the 2022 California Building Standards Codes with Local Amendments and 2022 California Fire Code with Local AmendmentsQ SEW Pp�T
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<,FORN'P City Council Staff Report
November 29, 2022
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Tonee Thai, Deputy Community Development Director/Chief
Building Official, tthai@newportbeachca.gov
Kevin Bass, Fire Marshal, kbass@nbfd.net
PHONE: 949-718-1867
949-644-3108
TITLE: Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022
California Building Standards Codes with Local Amendments and
2022 California Fire Code with Local Amendments
ARSTRACT-
The City of Newport Beach (City) enforces State of California (State) model building
standards and fire codes for the purpose of regulating design and construction of all
structures to protect life and property. Every three years, the State adopts new codes.
Local agencies must adopt the same codes and make amendments with specific findings
30 days prior to the January 1, 2023, effective date of the new codes. Attached for the
City Council's consideration are Ordinance Nos. 2022-26 and No. 2022-27 for adoption
of the 2022 California Building Standards Codes and the 2022 California Fire Code with
Local Amendments. The two ordinances would amend Newport Beach Municipal Code
(NBMC) Title 15 (Buildings and Construction) and Chapter 9 (Fire Code). The attached
ordinances were introduced and considered at the November 15, 2022 City Council
meeting.
RECOMMENDATION:
a) Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section
15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance
regarding second units to implement the provisions of Sections 65852.1 and 65852.2
of the Government Code are exempt from the requirements of CEQA;
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Ordinance Nos. 2022-26 and 2022-27: Adoption of the
2022 California Building Standards Codes with Local Amendments and
2022 California Fire Code with Local Amendments
November 29, 2022
Page 2
b) Conduct second reading and adopt Ordinance No. 2022-26, An Ordinance of the
City Council of the City of Newport Beach, California, Amending Title 15 (Building and
Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter
1 Division 11 of the 2022 California Building Code Designated as the Newport Beach
Administrative Code; to Adopt the 2022 California Historical Code; the 2022 California
Existing Building Code; the 2022 California Green Building Standards Code; and the
2022 California Energy Code; to Adopt with Local Amendments the 2021 International
Property Maintenance Code; the 2022 Edition of the 2022 California Building Code;
the 2022 Edition of the California Residential Code; the 2022 California Electrical
Code; the 2022 California Mechanical Code; and the 2022 California Plumbing Code;
to Adopt with Local Amendments the 2021 International Swimming Pool and Spa
Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain
Management; and
c) Conduct second reading and adopt Ordinance No. 2022-27, An Ordinance of the
City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code)
of the Newport Beach Municipal Code to Adopt the 2022 Edition of the California
Fire Code, as set forth in Title 24, Part 9 of the California Code of Regulations,
with Local Amendments.
DISCUSSION:
The California Building Standards Code is published every three years and amends the
California Code of Regulations Title 24. These codes are commonly referred to as
Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green, and Energy Codes.
The City may only make more restrictive modifications and amendments if the City
Council adopts findings relating to local climatic, topographic and geographic conditions,
and said findings are filed with the California Building Standards Commission. The
California Building Standards Commission has established January 1, 2023, as the
statewide effective date for all the 2022 California Building Standards Codes. The City is
required to enforce such codes as the minimum design standards and construction codes.
At the November 15, 2022 City Council meeting, the City Council introduced and
considered Ordinance No. 2022-26 (Attachment A) and No. 2022-27 (Attachment B).
Only one minor change was made to identify the correct City department, and no other
changes were requested. The proposed ordinances for adoption of the 2022 California
Building Standards Codes and 2022 California Fire Codes will amend NBMC Chapters
15.19 (Electric Vehicle Charging Stations), 15.50 (Floodplain Management), and Chapter
9.04 (Fire Code).
FISCAL IMPACT:
There is no direct fiscal impact related to the City for this action.
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Ordinance Nos. 2022-26 and 2022-27: Adoption of the
2022 California Building Standards Codes with Local Amendments and
2022 California Fire Code with Local Amendments
November 29, 2022
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action proposed herein is not a project subject
to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of
the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378
of the California Code of Regulations Title 14, Division 6, Chapter 3 (State CEQA
Guidelines) because the code amendment will not result in a reasonably foreseeable
physical change to the environment. Additionally, the code amendment is exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This code amendment itself does not authorize development that would
directly result in physical change to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2022-26 (California Building Standards Code)
Attachment B — Ordinance No. 2022-27 (California Fire Code)
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ATTACHMENT A
ORDINANCE NO. 2022- 26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 15
(BUILDING AND CONSTRUCTION) OF THE NEWPORT
BEACH MUNICIPAL CODE TO ADOPT AMENDMENTS TO
CHAPTER 1 DIVISION II OF THE 2022 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2022
CALIFORNIA HISTORICAL CODE; THE 2022 CALIFORNIA
EXISTING BUILDING CODE; THE 2022 CALIFORNIA
GREEN BUILDING STANDARDS CODE; AND THE 2022
CALIFORNIA ENERGY CODE; TO ADOPT WITH LOCAL
AMENDMENTS THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE; THE 2022 EDITION OF THE 2022
CALIFORNIA BUILDING CODE; THE 2022 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE; THE 2022
CALIFORNIA ELECTRICAL CODE; THE 2022
CALIFORNIA MECHANICAL CODE; AND THE 2022
CALIFORNIA PLUMBING CODE; TO ADOPT WITH LOCAL
AMENDMENTS THE 2021 INTERNATIONAL SWIMMING
POOL AND SPA CODE; AND TO AMEND CHAPTERS
15.19 ELECTRICAL VEHICLE CHARGING AND 15.50
mole]17�W_11kiI►yi/_1ki/_Trl4LVi14ki111
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California ("State");
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;
Ordinance No. 2022-
Page 2 of 59
WHEREAS, the 2022 Edition of the California Building Standards Code ("CBC")
is based on the 2021 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, 2023. In order to include our
local amendments and enhance life safety and property protection, the City must
complete its adoption process thirty (30) days prior to January 1, 2023. 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.
These local changes will be incorporated into Title 15 (Buildings and Construction) of the
Newport Beach Municipal Code (NBMC);
WHEREAS, to aid in efficiency and clarity, portions of Title 15 (Buildings and
Construction) 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. 2022-_ adopted by the City Council of the City of Newport Beach on
November 15, 2022. 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;
WHEREAS, the City is a charter city, governed by a charter adopted by the
citizens of the City;
WHEREAS, Article XI, Section 5 of the Constitution of the State authorizes charter
cities to enact ordinances with respect to their municipal affairs;
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Ordinance No. 2022-
Page 3 of 59
WHEREAS, the City participates in the Nation Flood Insurance Program (NFIP)
with Federal Emergency Management Agency to reduce flooding from storm events and
wave run-up by retention and/or percolation;
WHEREAS, the City makes efforts to improve water quality of Newport Bay, and
Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray,
roof drains, patio and deck drains, and natural watercourses which then convey pollutants
such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons,
brake dust, tire residue and other pollutants into surface waters;
WHEREAS, the City reviewed the grading and drainage requirements from the
Federal Emergency Management Agency with the NBMC Section 15.10.120 to ensure
consistency and continued compliance with the NFIP; and
WHEREAS, the 2022 CBC is similar to the 2019 version; the attached ordinance
contains similar provisions as adopted by the City Council in 2019. 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 (Administrative Code) 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
Addition of Section 102.7.
15.02.070
Amendment to Section 103.1.
15.02.080 Amendment to Section 105.2.
15.02.085 Addition of Section 105.3.1.1.
15.02.090 Amendment to Section 105.3.2.
• •
Ordinance No. 2022-
Page 4 of 59
15.02.095
Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
15.02.100
Amendment to Section 105.5.
15.02.110
Amendment to Section 109.4.
15.02.120
Addition of Section 117.
Section 15.02.010 Adoption of the Administrative Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2022 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 2022 California Building Code printed in code book form shall be kept on
file in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
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 2021 International
Property Maintenance Code shall be adopted as the Newport Beach Property
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Ordinance No. 2022-
Page 5 of 59
Maintenance Code and shall apply to existing structures and premises; equipment
and facilities; light, ventilation, space heating, sanitation, life and fire safety
hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
Section 15.02.050 Amendment to Section 102.6.
Section 102.6 is amended to read as follows:
Section 102.6 Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue without change,
except as otherwise specifically provided in this code, the California Existing
Building Code, the International Property Maintenance Code, California Building
Code, the California Residential Code, or the California Fire Code, or as deemed
necessary by the Chief Building Official.
Section 15.02.060 Added 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 $320,700;
2. The Chief Building Official is authorized to accept less than the requirements
for new construction if substantial conformance to the requirements is found
and the protection of life and property are maintained.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. The Building Division is hereby
created and the official in charge thereof shall be known as the Chief Building
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Ordinance No. 2022-
Page 6 of 59
Official. The function of the agency shall be the implementation, administration,
and enforcement of the provisions of this code.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group R-
3 occupancy, or water features, containing less than 18 inches of water
depth, do not exceed 5,000 gallons and are installed entirely above
ground; unless otherwise required by other provisions of the code.
Section 15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit
for complete demolition of a structure, the permittee shall certify that a City
franchised solid waste enterprise shall be used for the handling, removal and
disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the
demolition permit application and the Demolition Contractor Certification and
Deposit Form. Said deposit shall be returned to the permittee, minus administrative
fees set by Resolution of the City Council, at the conclusion of the demolition
project, upon the submittal of documentation that a franchised solid waste
enterprise was used to handle, remove and dispose of all demolition wastes. The
demolition permit deposit shall be forfeited in its entirety if a franchised solid waste
enterprise is not used to handle, remove and dispose of all demolition wastes.
• •
Ordinance No. 2022-
Page 7 of 59
If the Building Official finds that the work described in an application for a
demolition permit and the plans, specifications and other data filed therewith
conform to the requirements of this Code and the technical codes and other
pertinent laws and ordinances, and that the fees specified in Section 109 have
been paid and that a franchised solid waste enterprise is being used, the building
official shall issue a permit therefore to the applicant. Prior to any demolition
activities authorized by the permit, the permittee shall notify the Public Works
Department no less than twenty-four hours or more than seventy-two hours in
advance of its intent to commence demolition and provide the name of the
franchised solid waste enterprise that will conduct the demolition activities. Any
hauling or disposal of demolition and construction wastes by other than the
identified franchised solid waste enterprise shall subject the project to suspension
of work as authorized in this code.
Section 15.02.090 Amendment to Section 105.3.2.
Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days after the
date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the 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 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not
required, the maximum allowable time to complete construction for any work that
requires a building permit including, but not limited to, any construction,
reconstruction, rehabilitation, renovation, addition(s), modification(s),
improvement(s), or alteration(s), shall be limited to three (3) years, unless an
extension is granted in accordance with Section 105.3.4.
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Ordinance No. 2022-
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For building permits issued on or after June 1, 2019, the time limit to complete
construction shall begin on the date of issuance of the first or original building
permit. For building permits issued prior to June 1, 2019, the time limit to complete
construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the
date of construction completion for purposes of Section 15.02.095. Time limits set
forth herein shall not be extended by issuance of a subsequent building permit(s)
for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an
extension by filing with the Building Official, in writing and on a form provided by
the Building Official, an application for extension which sets forth: (i) the address
of the project site; (ii) the name of the applicant and property owner; (iii) when the
first or original building permit was issued; (iv) the length of time extension
requested, which shall not be greater than three hundred and sixty-five (365)
calendar days; (v) how many previous extensions have been granted; (vi) the basis
for the requested extension; (vii) the new end project date if the application is
approved; (viii) a brief description of the improvements that are the subject of the
application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension
shall be submitted no later than forty-five (45) calendar days prior to the expiration
of the building permit. The application for extension to the Building Official shall be
accompanied the fee set forth in the City's master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may
ministerially grant, conditionally grant or deny a request for extension for a period
not to exceed three hundred sixty-five (365) calendar days. The Building Official
shall only grant an extension if he/she determines adequate progress has been
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Ordinance No. 2022-
Page 9 of 59
made towards completion of construction and the request for extension is
necessary for its completion. The decision of the Building Official shall be final and
non -appealable.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe
authorized by the Building Official, a property owner, or authorized agent of the
property owner, may request an additional extension by filing with the City Clerk,
in writing and on a form provided by the City Clerk, an application for extension
which sets forth: (i) the address of the project site; (ii) the name of the applicant
and property owner; (iii) when the first or original building permit was issued; (iv)
the length of time extension requested, which shall not be greater than one
hundred and eighty (180) calendar days; (v) how many previous extensions have
been granted; (vi) the basis for the requested extension; (vii) the new end project
date if the application is approved; (viii) a brief description of the improvements
that are the subject of the application; and (ix) any other information requested by
the City.
b) Unless authorized by the Building Official in writing, an application for extension
shall be submitted no later than forty-five (45) calendar days prior to the expiration
of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a
hearing and noticing fee identified in the City's master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a
Hearing Officer, designated by the City Manager, shall hear and decide whether a
second application for extension, or third application for extension, shall be
granted, conditionally granted, or denied. The City Council shall hear and decide
whether any additional application for extension shall be granted, conditionally
granted, or denied. The applicable hearing body shall be referred to herein as the
"review authority."
b) For any application for extension to be heard by a Hearing Officer, the City
Manager shall appoint a Hearing Officer with the requisite qualifications and
experience to consider the application for extension. The Hearing Officer shall not
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Ordinance No. 2022-
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be a City employee and the employment, performance evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be conditioned, either directly
or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for
extension, the City Manager or his/her designee shall notify the applicant of the
name of the Hearing Officer in accordance with Section 1.08.080. If the applicant
wishes to challenge the designated Hearing Officer, the applicant shall have seven
(7) calendar days from the date of service of the notice to submit to the City
Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the
basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii)
prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be
disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision
as to whether a Hearing Officer shall be disqualified. The City Manager's decision
shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager
shall designate a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the hearing of the
application, in accordance with Section 1.08.080, at least ten (10) calendar days
prior to the date of the hearing. All hearings on an application to be heard by the
review authority shall be noticed in the following manner-
(i) Mailed to property owners within three hundred (300) feet of the project
site that is the subject of the application, at least ten (10) calendar days in
advance of the hearing. The notice shall contain: the address of the project
site; the length of time extension requested; the new end project date if the
application is approved; the name of the applicant and property owner; a
brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the
application, at least ten (10) calendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by
the City Manager or his/her designee. The applicant shall be responsible
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Ordinance No. 2022-
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for maintaining the sign(s) in a satisfactory condition and shall remove all
sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by
the applicant or any other interested person, relevant to whether: (i) special
circumstances warrant an extension of time; (ii) the failure to meet the time limit
was caused by circumstances beyond the property owner's, applicant's or their
contractor's control; and (iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding
property owners. Any documents submitted by City staff shall constitute prima
facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and
eighty (180) calendar day extension, per application for extension, if it finds special
circumstances warrant an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's, applicant's or their
contractor's control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether conditions are necessary to
ensure timely completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer
or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on
a final decision until appropriate findings and/or conditions of approval have been
prepared.
f) The review authority shall issue a written decision, setting forth its findings, and
the decision shall be final and effective on the date the decision is made, unless
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Ordinance No. 2022-
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otherwise specified by the review authority. The review authority shall provide the
City Clerk with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision to the applicant
within ten (10) calendar days of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or
extending a building permit if the extension is a term of an enforceable settlement
agreement between the City and the property owner or a term of a court
order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A
person shall not seek judicial review related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section
15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall
not relieve any person or entity from complying with any other applicable provision
of federal, state or local law including, but not limited to, construction related laws
adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the date of the last recorded inspection.
Before such work can 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
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Ordinance No. 2022-
Page 13 of 59
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
minimum 15 days prior to the permit expiration in writing and justifiable cause
demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to an
investigation fee in addition to the required permit fees. The investigation fee shall
be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required in the City
Council fee resolution. The payment of such investigation fee shall not exempt an
applicant from compliance with all applicable provisions of either the codes or
referenced standards or the technical codes nor from the penalty prescribed by
law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of entire structure
Section 117.1 Notification. When an entire structure is to be demolished,
notification by certified mail to adjacent owners is required at least 30 days before
demolition commences. Proof of notification is required prior to permit issuance.
Unless determined otherwise by the Chief Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the
Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
6-16
Sections:
Ordinance No. 2022-
Page 14 of 59
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, 111.1,
111.2, 111.4, 111.7, and 111.8.
15.03.030 Amendment to Section 101.1.
15.03.040 Amendment to Section 102.3.
15.03.045 Amendment to Section 302.4.
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 2021 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 2021 International Property Maintenance Code shall be kept on file
in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, 111.1, 111.2,
111.4, 111.7, and 111.8.
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8.
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.
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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 Municipal Code.
Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. Premises and exterior property shall be maintained free
from weeds or plant growth that create a fire hazard or are overgrown in a way that
they obstruct the right of way, block visibility of pedestrians and drivers, or harbor
rats, vermin, or insects. Noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants, and vegetation, other than trees or shrubs
provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner of agent having charge of a property to cut and destroy
weeds after service of a notice of violation, they shall be subject to prosecution in
accordance with California Building Code Section 114.3 and as prescribed by the
authority having jurisdiction.
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas or water
features containing more than 18 inches of water depth shall comply with section
305.2 of the Newport Beach Residential Swimming Pool and Spa Code and
Section 3109.2 of the Newport Beach Building Code. No existing pool enclosure
shall be removed, replaced, or changed in a manner that reduces its effectiveness
as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal Code
is deleted in its entirety and amended to read as follows:
Sections:
Ordinance No. 2022-
Page 16 of 59
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Amendment to Section 701A.1.
15.04.040
Amendment to Section 701A.3.
15.04.050
Amendment to Section 701A.3.1.
15.04.060
Amendment to Section 702A.
15.04.070
Amendment to Section 710A.3.4.
15.04.080
Amendment to Section 903.2.
15.04.090
Amendment to Section 903.2.8.
15.04.100
RESERVED.
15.04.110
Amendment to Table 1505.1.
15.04.120
Amendment to Section 1505.1.2.
15.04.130
Amendment to section 1612.3.
15.04.140
Amendment to Section 1704.2.1.
15.04.150
Amendment to Section 1905.1.7.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Building Code, Volumes 1 and 2, including
Appendix C, I, and all national codes and standards referenced therein, based on the
2021 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 2022 California Building Code Volumes 1 and 2, printed in
code book form, shall be kept on file in the office of the Building Official pursuant to Health
and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.04.020 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows
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Ordinance No. 2022-
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2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group R-
3 occupancy, or water features, containing less than 18 inches of water
depth, do not exceed 5,000 gallons and are installed entirely above
ground, unless otherwise required by other provisions of the code.
Section 15.04.030 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 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 No. 5 in its entirety.
Section 15.04.050 Amendment to Section 701A.3.1.
Section 701A.3.1 is amended by deleting Exception No. 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
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Ordinance No. 2022-
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UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or open roof and no more than one enclosed side.
Section 15.04.070 Amendment to Section 710A.3.4.
Section 710A 3.4 is amended to read as follows:
SECTION 710A.3.4 Miscellaneous structure requirements. Miscellaneous
structures that require a permit and are separated from an applicable building on
the same lot by a distance of more than 3 feet but less than 50 feet from an
applicable building shall be constructed of noncombustible materials or of ignition -
resistant materials as described in Section 704A.2.
Section 15.04.080 Amendment to Section 903.2.
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.
Exceptions:
1. Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
2. Spaces or areas in telecommunications buildings used
exclusively for telecommunications equipment, associated
electrical power distribution equipment, batteries and standby
engines, provided that those spaces or areas are equipped
throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the
remainder of the building by not less than one hour fire barriers
constructed in accordance with Section 707 or not less than 2
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Ordinance No. 2022-
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hours horizontal assemblies constructed in accordance with
Section 711, or both.
2. Existing buildings: Notwithstanding any applicable provisions of this code,
an automatic sprinkler system shall be provided in an existing building when
any of the following conditions exists:
a) When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m2),
b) When an addition is added, and the existing building is already
provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of the
Code.
d) Where a tenant space in an existing building is required to be
sprinklered due to the nature of occupancy use, the entire building
shall be sprinklered unless other provisions of the code(s) are applied
to create distinct separated buildings, subject to the Fire Code Official
and Chief Building official approval.
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
Section 903.2.8 is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance
with Section 903.3 shall be provided throughout all buildings with a Group R fire
area as follows:
1. New buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
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Ordinance No. 2022-
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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
Exceptions:
1. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing primary
dwelling.
2. The installation of fire sprinklers shall not be required in an
accessory dwelling unit if sprinklers are not required for the primary
residence. The construction of an accessory dwelling unit shall not
trigger a requirement for fire sprinklers to be installed in the existing
multifamily dwelling.
The Chief Building Official may approve alternative methods and materials when
an equivalent or greater level of Fire protection is achieved, subject to the Fire
Code Official approval.
M. -TR[: 1iTi6XiZMiUI11ZI*94ZMA41a
6-23
Ordinance No. 2022-
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Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION'
IA
IB
IIA
1113
IIIA
11113
IV
VA
VB
B
B
B
B
B
B
B
B
B
'See chapter 7A for roof covering requirements.
Section 15.04.120 Amendment to Section 1505.1.2.
Section 1505.1.2 is amended to read as follows:
Section 1505.1.2 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the addition, alteration, repair or
replacement of the roof exceeds 50 percent of the existing roof area; shall be a
fire -retardant roof covering or assembly that is at least Class B.
Section 15.04.130 Amendment to Section 1612.3.
Section 1612.3 first paragraph is amended to read as follows:
Section 1612.3 Establishment of the flood hazard areas. To establish flood
hazard areas, the applicable governing authority shall adopt a flood hazard map
and supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management Agency
in an engineering report entitled "The Flood Insurance Study for Newport Beach,"
dated March 21, 2019, as amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and
related supporting data along with any revisions thereto. The adopted flood hazard
map and supporting data are hereby adopted by reference and declared to be part
of this section.
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Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of Newport
Beach or his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her employment
as prescribed in the applicable code. The special inspector shall report to the Chief
Building Official in writing, noting all code violations and any variations from the
approved plans and other information as required on forms prescribed or approved
by the City of Newport Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City of Newport
Beach, shall pay a registration fee as set forth in the City Council Fee Resolution,
payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A
renewal fee as set forth in the City Council Fee Resolution for each classification
shall be charged on July 1st of each year thereafter at which time the special
inspector may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
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Ordinance No. 2022-
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and their personnel are permitted to act as the special inspector for the work
designed by them, provided they are approved by the Chief Building Official and
qualify as special inspectors.
Section 15.04.150 Amendment to Section 1905.1.7.
Section 1905.1.7 ACI 318, Section 14.1.4 is amended by deleting Exceptions 1 through
3 of section 14.1.4.1 in their entirety.
Section 4: Chapter 15.05 (Residential Code) 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 RESERVED.
15.05.040 Deletion of Sections R102 through R114.
15.05.050 Addition of Sections R115.
15.05.060 Deletion of Section R301.1.1.1.
15.05.070 Amendment to Section R301.1.3.
15.05.080
Amendment to Table R301.2.
15.05.090
Amendment to Table R301.2 Footnote g.
15.05.100
Amendment to Section R301.2.4.
15.05.110
Amendment to Section R309.3.
15.05.120 RESERVED.
15.05.130 RESERVED.
15.05.140 RESERVED.
15.05.150 RESERVED.
15.05.160 RESERVED.
15.05.070 RESERVED.
15.05.180 Deletion of Section R313.
15.05.190 Amendment to Section R319.1.
15.05.200 Amendment to Section R322 with the Addition of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain
Management.
15.05.210 RESERVED.
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Ordinance No. 2022-
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15.05.220
Deletion of Section R337.
15.05.230
Addition to Section R341.
15.05.240
Amendment to Section R401.4.
15.05.250
Deletion of Section R404.
15.05.260
Amendment to Section R405.1.
15.05.270
RESERVED.
15.05.280
RESERVED.
15.05.290
Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Residential Code including Appendix AH, and
all national codes and standards referenced therein, based on the 2021 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 2022 California Residential Code, printed in code book
form, shall be kept on file in the office of the Building Official pursuant to Health and Safety
Code Section 18942(e)(1) and made available for public inspection.
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 RESERVED.
Section 15.05.040 Deletion of Sections R102 through R114.
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
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Ordinance No. 2022-
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Section 15.05.050 Addition of Sections R115.
Section R115 is added to read as follows:
SECTION R115 — Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as adopted
under section 15.14 of the Newport Beach Municipal Code shall be the applicable
code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered design. Where a building of otherwise
conventional construction contains structural elements exceeding the limits of
Section R301 or otherwise not conforming to this code, these elements shall be
designed in accordance with accepted engineering practices. The extent of such
design need only demonstrate compliance of nonconventional elements with other
applicable provisions and shall be compatible with the performance of the
conventional framed system. Engineered design in accordance with the California
Building Code is permitted for buildings and structures and parts thereof, included
in the scope of this code.
R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for wood frame 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 Wood frame structures greater than two -stories. The Chief
Building Official shall require construction documents to be approved and
Ordinance No. 2022-
Page 26 of 59
stamped by a California licensed architect or engineer for all dwellings of a
wood frame construction more than two stories in height or having a
basement. Notwithstanding other sections of law, the law establishing these
provisions is found in Business and Professions Code Section 5537 and
6737.1.
R301.1.3.3 Structures other than wood frame. The Chief Building Official
shall require floor, wall or roof -ceiling structural elements in dwellings
designed of cold formed steel, concrete, masonry prescribed by this code
to be approved and stamped by a California licensed architect or engineer.
Notwithstanding other sections of law, the law establishing these provisions
is found in Business and Professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Table R301.2 is amended by completing the table to read as follows:
TABLE R301.2
GROUND
WIND DESIGN
SUBJECT TO DAMAGE FROM
ICE BARRIER
Speed° Topographic
Special
Mhndbome
SEISMIC DESIGN
CATEGORY'
SNOW
LOAD'
Weatlredn Fraat Termite`
(1NDERLAYMENT
FFiAZ�RDDS9
FREEZING
MAELA ETE7 MI.
(mph) affects`
wind region'
debrsmne"'
bra depth°
REQUIRED'
a4DEX'
ZERO
95 NO
NO
NO
Do, D„ Di, OR E
NEGLIGIBLE
NA
VERY HEAVY
NO
SEE FOOINOTEp
0
60,7
MANUAL J DESIGN CRITERIA"
Elevation
Altitude
correction
Indoor winter
design bulb
Indoor winter design
Outdoor winter design
Heating temperature dif-
faaof
`vim bulb
temperature
dry-bulb temperature
dry-bulb temperature
term=temperatureure
10 FEET
1.0
67
70
70
43
30,
Indoor summer
Indoor summer
Lazitude
Daily Lange
design relative
design relative
Indoor summer design
Outdoor summer design
Cooling temperature dif-
humidity
humidity
dry-bulb temperature
dry-bulb temperature
fercmce
33.606
1 12
1 50
50
75
BO
is,
Section 15.05.090 Amendment to Table R301.2 Footnote g.
Table R301.2 footnote g is amended to read as follows:
Section Table R301.2 Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) dated March 21, 2019; Flood Insurance Study
(FIS Profile) effective date of revision: March 21, 2019; Community number:
060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382,
384, 401, 402, 403, 404, 406 and 408; Suffix "K"; Initial NFIP map date: March 15,
1974; and Initial FIRM date: September 1, 1978.
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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, 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 and Section R322. Buildings and structures
that are located in more than one flood hazard area shall comply with the
provisions associated with the most restrictive flood hazard area. Buildings and
structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24.
R301.2.4.1 Alternate provisions. As an alternate to the requirements in
Section R322 and the City of Newport Beach Municipal Code Chapter
15.50, Floodplain Management, ASCE 24 is permitted subject to the
limitations of this code and the limitations therein.
Section 15.05.110 Amendment to Section R309.3.
Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2, garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with Section R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at
or above grade on not less than one side, are used solely for parking,
building access or storage, meet the requirements of Section R322 and
the City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management and are otherwise constructed in accordance with this
code.
Section 15.05.120 RESERVED.
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Section 15.05.130 RESERVED.
Section 15.05.140 RESERVED.
Section 15.05.150 RESERVED.
Section 15.05.160 RESERVED.
Section 15.05.170 RESERVED.
Section 15.05.180 Deletion of Section R313.
Section R313 is deleted in its entirety and replaced by California Building Code Section
903.2.8 as amended in Section 15.04.090.
Section 15.05.190 Amendment to Section R319.1.
Section R319.1 is amended as follows:
Section R319.1 Address identification. Buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property, and
alley if adjacent to the property. Address identification characters shall contrast
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 15.05.200 Amendment to Section R322 with the Addition of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is amended to include the City of Newport Beach Municipal Code Chapter
15.50, Floodplain Management.
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Section 15.05.210 RESERVED.
Section 15.05.220 Deletion of Section R337.
Section R337 Materials and Construction Method of Exterior Wildfire Exposure is deleted
in its entirety and replaced by California Building Code Chapter 7A (Materials and
Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.030
through 15.04.070.
Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling units
including those separating adjacent townhouse units shall provide air -borne sound
insulation for walls and both air -borne and impact sound insulation for floor -ceiling
assemblies per Section 1206 of the 2022 California Building Code, Title 24, Part
2.
Section 15.05.240 Amendment to Section R401.4.
Section R401.4 is deleted in its entirety and replaced by California Building Code Section
1803 Geotechnical Investigations.
Section 15.05.250 Deletion of Section R404.
Section R404 is deleted in its entirety.
Section 15.05.260 Amendment to Section R405.1.
Section R405.1 is amended by adding Exceptions to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
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2. A foundation drainage system is not permitted for basement walls extending
below high tide of the Newport Bay water elevation.
Section 15.05.270 RESERVED.
Section 15.05.280 RESERVED.
Section 15.05.290 Amendment to Section R902.
Section R902 is deleted in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Sections 15.04.110 through
15.04.120.
Section 5: Chapter 15.06 (Electrical Code) 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 RESERVED.
15.06.030 RESERVED.
15.06.040 Amendment to Article 358.10(A).
15.06.050 Amendment to Article 358.10(B).
Section 15.06.010 Adoption of the California Electrical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Electrical Code based on the 2020 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 2022 California Electrical Code, printed in code book form,
shall be kept on file in the office of the Building Official pursuant to Health and Safety
Code Section 18942(e)(1) and made available for public inspection. All administrative
provisions including enforcement, permit process, fees, and inspections for these
chapters are contained in the Administrative Code under Chapter 15.02.
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Section 15.06.020 Reserved.
Section 15.06.030 Reserved.
Section 15.06.040 Amendment to Article 358.10(A).
Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. The use of EMT shall be permitted for
concealed work only.
Section 15.06.050 Amendment to Article 358.10(B)
Article 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and Fittings.
Galvanized steel, stainless steel, and red brass EMT elbows, couplings, and
fittings shall be permitted to be installed in concrete, or in areas subject to severe
corrosive influences where protected by corrosion protection and judged suitable
for the condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum EMT shall be
provided with approved supplementary corrosion protection where encased in
concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal
Code is deleted in its entirety and 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.
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The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Mechanical Code, based on the 2021 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 2022 California Mechanical Code printed in code book
form shall be kept on file in the office of the Building Official pursuant to Health and Safety
Code Section 18942(e)(1) and made available for public inspection. 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 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
Section 15.07.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of the Chief Building Official decision shall be
pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire
Board of Appeals.
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
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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 2022 Edition of the California Plumbing Code, including Appendix Chapters
A and C, based on the 2021 Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the Newport Beach
Plumbing Code. A copy of the 2022 California Plumbing Code, printed in code book form,
shall be kept on file in the office of the Building Official pursuant to Health and Safety
Code Section 18942(e)(1) and made available for public inspection. 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.
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:
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Section 107.1 General. Appeals of the Chief Building Official decision shall be
pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire
Board of Appeals.
Section 8: Chapter 15.09 (Residential Swimming Pool and Spa Code) of the
Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010
Adoption of the International Pool and Spa Code.
15.09.020
Amendment to Section 101.1.
15.09.030
Amendment to Section 101.2.
15.09.040
Deletion of Sections 102 through 114.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment and addition to Section 202.
15.09.070
Amendment to Section 301.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.1 through 303.3.
15.09.140
Deletion and replacement of Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Rename and Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1 Item 1.
15.09.180
Deletion and rename Section 305.2.4.
15.09.190
Amendment to Section 305.3.3.
15.09.200
RESERVED.
15.09.210
RESERVED.
15.09.220
Amendment to Section 305.5 Items 1 and 2.
15.09.230
Amendment to Section 306.1.
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
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15.09.280 Amendment to Section 307.1.3.
15.09.290 Amendment to Section 307.1.4.
15.09.300 Amendment to Section 307.2.2.
15.09.305 Amendment to Section 310.1 Exception #2.
15.09.310
Amendment to Section 316.4.
15.09.320
Amendment to Section 316.6.1.
15.09.330
Amendment to Section 318.2.
15.09.340
Amendment to Section 320.1.
15.09.350
Deletion of Sections 320.2 and 320.3.
15.09.360
Amendment to Section 321.
15.09.370
Deletion and rename Chapter 4.
15.09.380
Deletion and rename Chapter 5.
15.09.390
Deletion and rename Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Add Section 903.
15.09.450
Add Section 904.
15.09.460
Add Section 905.
15.09.470
Add Section 906.
15.09.480
Add Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2021 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport Beach
Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming
Pool and Spa Code, printed in code book form, shall be kept on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made
available for public inspection.
Section 15.09.020 Amendment to Section 101.1.
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Page 36 of 59
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential
Swimming Pool and Spa Code of Newport Beach and shall be cited as such and
will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the construction,
alteration, movement, renovation, replacement, repair and maintenance of
residential pools and spas. The pools and spas covered by this code are either
permanent or temporary and shall be only those that are designed and
manufactured to be connected to a circulation system and that are intended for
swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 114.
Sections 102 through 114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Newport Beach Municipal Code under Chapter 15.02, Administrative
Code.
Section 15.09.050 Amendment to Section 201.3.
Section 201.3 is amended to read as follows:
Section 201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the California Building Code, California Energy Code,
California Fire Code, California Mechanical Code, California Plumbing Code or
California Residential Code, such terms shall have the meanings ascribed to them
as in those codes.
Section 15.09.060 Amendment and addition to Section 202.
Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL
definitions are amended and add PRIVATE POOL and SWIMMING POOL OR SPA
definitions to read as follows:
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RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed pool,
permanent or portable, that is intended for noncommercial use as a swimming pool
by not more than three owner families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private pool.
PRIVATE POOL. See Residential Pool.
SWIMMING POOL OR SPA. Any structure intended for swimming or recreational
bathing that contains water over 18 inches deep. "Swimming pool" includes in -
ground and aboveground structures and includes, but is not limited to, hot tubs,
spas, portable spas, and nonportable wading pools.
Section 15.09.070 Amendment to Section 301.
Section 301 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the general
design and construction of residential pools and spas and related piping,
equipment, and materials. Provisions that are unique to a specific type of
residential pool or spa are located in Chapters 7 through 10.
Section 301.1.1 Application of Chapters 7 through 10. Where difference
occur between the provisions of this chapter and the provisions of Chapters
7 through 10, the provisions of Chapters 7 through 10 shall apply.
Section 301.1.2 Conflicts. In the event of a conflict between the provisions
of the Swimming Pool Safety Act, this code, the 2022 California Building
Code, or the 2022 California Residential Code, the Building Official shall
implement the most restrictive measures cited.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with California
Electrical Code.
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Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water service and drainage. Piping and fittings used for water
service, makeup and drainage piping for pools and spas shall comply with the
California Plumbing Code. Fittings shall be approved for installation with the piping
installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5 Backflow protection. Water supplies for pools and spas shall be
protected against backflow in accordance with the California Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater discharge. Where wastewater from pools or spas,
such as backwash water from filters discharge to a building drainage system, the
connection shall be through an air gap in accordance with the California Plumbing
Code.
Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
Section 303.1 Energy consumption of pools and permanent spas. The energy
consumption of pools and permanent spas shall comply with the California Energy
Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Sections 303.1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Deletion and replacement of Section 304.2.
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Section 304.2 is deleted in its entirety and replace with:
Section 304.2 Floodplain Construction. Pools and spas constructed in special
flood hazard areas shall comply with the City of Newport Beach Municipal Code
Chapter 15.50, Floodplain Management.
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows:
Section 305.1 General The provisions of this section shall apply to the design of
barriers for restricting the public from entry into areas having pools and spas.
Section 15.09.160 Rename and Amendment to Section 305.2.
Section 305.2 is renamed and amended to read as follows:
Section 305.2 Swimming pools and spas. Pools and spas shall be surrounded
by a permanent barrier that complies with Sections 305.2.1 through the end of
Section 305.
Section 15.09.170 Amendment to Section 305.2.1 Item 1.
Section 305.2.1 Item 1 is amended to read as follows:
1. The top of the barrier shall be not less than 60 inches above grade where
measured on the side of the barrier that faces away from the pool or spa. Such
height shall exist around the entire perimeter of the barrier and for a distance of 3
feet measured horizontally from the outside of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4.
Section 305.2.4 is deleted in its entirety and renamed to read as follows:
Section 305.2.4 Reserved
Section 15.09.190 Amendment to Section 305.3.3.
Section 305.3.3 is amended to read as follows:
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Section 305.3.3 Latch release. Where the door or gate latch release mechanism
of the self -latching device is located less than 60 inches from grade, the release
mechanism shall be located on the pool or spa side of the gate not less than 3
inches below the top of the gate, and the gate and barrier shall not have openings
greater than 1/2 inch within 18 inches of the release mechanism.
Section 15.09.200 RESERVED.
Section 15.09.210 RESERVED.
Section 15.09.220 Amendment to Section 305.5 Items 1 and 2.
Section 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 60 inches above grade for the entire perimeter
of the pool, the wall complies with the requirements of Section 305.2 and the pool
manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less
than 60 inches above grade for the entire perimeter of the pool, and the wall and
the barrier on top of the wall comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around
pools and spas shall be in accordance with the California Residential Code or the
California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck steps handrail required. Pool and spa deck steps having
three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
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Table 306.5 is amended to read as follows:
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
�
t
Etipc»ed asaregate
14
Textured, hand-f ni-ihcd coiiciv,t
t'
g
Tlati eltlne 171'lck-set pacelS. pL1t711C 1700is Cm SP is
3i$
Travel -tine 171'lck-,et paC ei1 . residential pools or spas
t S
wood
s
Wood plastic composite
is
For 'A 1 irrcli =' 7.4 mm. 1 foot = ; 04. G nun.
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the
entire deck and shall be installed in accordance with the California Plumbing Code.
Section 15.09.270 Amendment to Section 307.1.1.
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in hazardous locations. Hazardous locations for
glazing shall be as defined in the California Building Code or the California
Residential Code, as applicable. Where glazing is determined to be in a hazardous
location, the requirements for the glazing shall be in accordance with those codes,
as applicable.
Section 15.09.280 Amendment to Section 307.1.3.
Section 307.1.3 is amended to read as follows:
Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas shall
be in accordance with the California Building Code or California Residential Code,
as applicable, and shall be constructed so as to prevent water runoff into the pool
or spa.
Section 15.09.290 Amendment to Section 307.1.4.
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Section 307.1.4 is amended to read as follows:
Section 307.1.4 Accessibility. An accessible route to pools and spas of new
common use areas serving covered multi -family dwellings shall be provided in
accordance with the Chapter 11A of California Building Code. Accessibility within
pools and spas shall be provided as required by Chapter 11A of California Building
Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and structural design. Pools and spas shall conform
to one or more of the standards indicated in Table 307.2.2. The structural design
of pools and spas shall be in accordance with the California Building Code.
Section 15.09.305 Amendment to Section 310.1 Exception #2.
Section 310.1 Exception #2 is amended to read as follows:
2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall
be installed and shall accommodate 100 percent of the circulations system flow
rate.
Section 15.09.310 Amendment to Section 316.4.
Section 316.4 is amended to read as follows:
Section 316.4 Installation. Heaters shall be installed in accordance with the
manufacturer's specifications and the California Plumbing Code, California
Mechanical Code, California Energy Code, California Electrical Code, as
applicable. Solar thermal water heaters shall be installed in accordance with
Section 316.6.
Section 15.09.320 Amendment to Section 316.6.1.
Section 316.6.1 is amended to read as follows:
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Section 316.6.1 Installation. Solar thermal water heaters shall be installed in
accordance with the California Mechanical Code.
Section 15.09.330 Amendment to Section 318.2.
Section 318.2 is amended to read as follows:
Section 318.2 Protection of potable water supply. Potable water supply
systems shall be designed, installed and maintained so as to prevent
contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross -connections or other piping connections to the
system. Means of protection against backflow in the potable water supply shall be
provided through an air gap complying with ASME Al12.1.2 or by a backflow
prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 320.1.
Section 320.1 is amended to read as follows:
Section 320.1 Backwash water or draining water. Wastewater from any filter,
scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall
discharge into an approved type of receptor and subsequently into a public sewer.
The flood level rim of such receptor shall be at least 6 inches above the Design
Flood Elevation (DFE) indicated in the Flood Insurance Rate Map as printed by
the Federal Emergency Management Agency's Flood Insurance Rate Map
(FIRM). Direct connections shall not be made between the end of the backwash
line and the disposal system. Drains shall discharge through an air gap.
Section 15.09.350 Deletion of Sections 320.2 and 320.3.
Sections 320.2 and 320.2 are deleted in their entirety.
Section 15.09.360 Amendment to Section 321.
Section 321 is deleted in its entirety and replace with the following:
Section 321.1 General. The provision of Section 321.2 shall apply to lighting for
residential pools and spas.
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Section 321.2 Residential pool and deck illumination. Where lighting is
installed for, and in, residential pools and permanent residential spas, such lighting
shall be installed in accordance with California Electrical Code.
Section 15.09.370 Deletion and Rename of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion and Rename of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion and Rename of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows:
Section 703.1 General. Decks provided by the pool manufacturer shall be
installed in accordance with the manufacturer's instructions. Decks fabricated on -
site shall be in accordance with the California Residential Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
Section 802.1 Materials of components and accessories. The materials of
components and accessories used for permanent inground residential swimming
pools shall be suitable for the environment in which they are installed. The
materials shall be capable of fulfilling the design, installation and the intended use
requirements in the California Residential Code.
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Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural design. The structural design and materials shall be in
accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901.2.
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter, residential
spas and residential exercise spas shall comply with the requirements of Chapter
3.
Section 15.09.440 Add Section 903.
Section 903 is added as follows:
Section 903 MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled
for use in spas.
Section 15.09.450 Add Section 904.
Section 904 is added as follows:
Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be 4 feet
measured from the design waterline. The water depth for exercise spas shall
not exceed 6 feet 6 inches measured from the design waterline.
904.2 Multilevel seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be 28 inches
measured from the design waterline to the lowest measurable point.
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904.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in
12 units horizontal (8.3-percent slope). Where multilevel floors are provided,
the change in depth shall be indicated.
Section 15.09.460 Add Section 905.
Section 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return fittings. Return fittings shall be provided and arranged to
facilitate a uniform circulation of water and maintain a uniform sanitizer
residual throughout the entire spa or exercise spa.
905.2 Suction fittings. Suction fittings shall be in accordance with Sections
905.2.1 through 905.2.4.
905.2.1 Testing and certification. Suction fittings shall be listed and
labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in
accordance with the manufacturer's specifications. Spas and exercise
spas shall not be used or operated if the suction outlet cover is missing,
damaged, broken or loose.
905.2.3 Outlets per pump. Suction fittings shall be provided in
accordance with Section 310.
905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall
be in accordance with Section 310.
Section 15.09.470 Add Section 906
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 General. This section pertains to fuel -fired and electric appliances
used for heating spa or exercise spa water.
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906.2 Water temperature controls. Components provided for water
temperature controls shall be suitable for the intended application.
906.2.1 Water temperature regulating controls. Water temperature
regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to the
heating appliance and listed in accordance with the applicable end use
appliance standard.
906.2.2 Water temperature limiting controls. Water temperature
limiting controls shall comply with UL 873 or UL 372. Water temperature
at the heater return outlet shall not exceed 140°F (60°C).
Section 15.09.480 Add Section 907.
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water temperature. The temperature of the incoming makeup water
shall not exceed 104°F (40°C).
Section 9: Chapter 15.11 (Green Building Standards Code) 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 California Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Green Building Standards Code.
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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 Code. A
copy of the 2022 California Green Standards Code shall be kept on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made
available for public inspection.
Section 10: Chapter 15.13 (Historical Building Code) 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 2022 Edition of the California Historical Building Code, California Code of
regulations Title 24, Part 8 and all national codes and standards referenced therein to the
prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Historical Building Code. A copy of the 2022 California Historical Building
Code, printed in code book form, shall be kept on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942(e)(1) and made available for public
inspection.
Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Sections:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code.
Section 15.14.010 Adoption of the California Existing Building Code.
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The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 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 2022 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942(e)(1) and made available for public
inspection.
Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code
is deleted in its entirety amended and renamed as follows:
Sections:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
Section 15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Energy Code, California Code of Regulations
Title 24, Part 6 and all national codes and standards referenced therein to the prescribed
extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2022 California Energy Code, printed in code
book form, shall be kept on file in the office of the Building Official pursuant to Health and
Safety Code Section 18942(e)(1) and made available for public inspection.
Section 13: Portions of Chapter 15.19 (Electric Vehicle Charging Stations) of the
Newport Beach Municipal Code are amended as follows:
Section 15.19.010 Amendment to Section 15.19.010 Purpose.
Section 15.19.010 is hereby amended to read as follows:
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The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging
station permitting process that complies with Assembly Bill (AB) 1236 (Chapter 598,
Statutes 2015) and Assembly Bill (AB) 970 (Chapter 710, Statutes 2021) to achieve timely
and cost-effective installations of electric vehicle charging stations. The provisions of this
chapter encourage the use of electric vehicle charging stations by removing unreasonable
barriers, minimizing costs to property owners and the City, and expanding the ability of
property owners to install electric vehicle charging stations. The provisions of this chapter
further allow the City to achieve these goals while protecting the public's health, welfare
and safety.
Section 15.19.060 Amendment to Section 15.19.060 Permit Review Requirements
to add items I and J.
Section 15.19.060 is hereby amended by the addition of the following items:
I. The following timeline is established for the application for permits for electric vehicle
charging stations.
1. An application to install an electric vehicle charging station submitted to the
Building Official shall be deemed complete if, after the applicable time period
described in 15.19.060(I)(2) has elapsed, both of the following are true:
a. The Building Official has not deemed the application complete, consistent
with the checklist created by the City pursuant to Section 15.19.050.
b. The Building Official has not issued a written correction notice detailing
all deficiencies in the application and identifying any additional information
explicitly necessary for the Building Official to complete a review limited to
whether the electric vehicle charging station meets all health and safety
requirements of local, state, and federal law, consistent with 15.19.060(H).
2. For the purposes of 15.19.060(1)(1) "Applicable time period means" either of the
following:
a. Five business days after submission of the application to the City, if the
application is for at least 1, but not more than 25 electric vehicle charging
stations at a single site.
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b. Ten business days after submission of the application to the City, if the
application is for more than 25 electric vehicle charging stations at a single
site.
J. The following timeline is established for the approval for permits for electric vehicle
charging stations.
1. An application to install an electric vehicle charging station shall be deemed
approved if the applicable time period described in 15.19.060(J)(2) has elapsed
and all of the following are true:
a. The Building Official has not administratively approved the application
pursuant to 15.19.060(A).
b. The Building Official has not made a finding, based on substantial
evidence, that the electric vehicle charging station could have a specific
adverse impact upon the public health or safety or required the applicant to
apply for a use permit pursuant to 15.19.060(B).
c. The Building Official has not denied the permit pursuant to 15.19.060(D).
d. An appeal has not been made to the Planning Commission pursuant to
15.19.060(E).
2. For the purposes of 15.19.060(J)(1) "Applicable time period means" either of the
following:
a. Twenty business days after the application was deemed complete, if the
application is for at least 1, but not more than 25 electric vehicle charging
stations at a single site.
b. Forty business days after the application was deemed complete, if the
application is for more than 25 electric vehicle charging stations at a single
site.
Section 14: Portions of Chapter 15.50 (Floodplain Management) of the Newport
Beach Municipal Code are amended as follows:
Section 15.50.050 Amendment to Section 15.50.050 Definitions.
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Section 15.50.050 is hereby amended to add the following definitions
"Base Flood Elevation" Elevation of flooding, including wave height, having a 1 %
chance of being equaled or exceeded in any given year.
"Design Flood Elevation" The design flood elevation shall be used to define flood
hazard areas. At a minimum, the design flood elevation shall be the higher of the
following:
1.The base flood elevation at the depth of peak elevation of flooding,
including wave height, that has a 1-percent (100-year flood) or greater
chance of being equaled or exceeded in any given year plus one foot of
freeboard.
2.The elevation of the design flood associated with the area designated on
a flood hazard map adopted by the community, or otherwise legally
designated.
Section 15.50.070 Amendment to Section 15.50.070 Basis for Establishing the
Areas of Special Flood Hazard.
Section 15.50.070 is hereby amended to read as follows:
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Flood Insurance Study (FIS) for Orange County, California and
Incorporated Area" dated revised March 21, 2019, with accompanying Flood Insurance
Rate Maps (FIRMs), dated revised March 21, 2019, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be a part of this
chapter. This FIS, and all subsequent amendments and/or revisions, and attendant
mapping are 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. The FIS and the FIRMs
are on file at the Office of the Community Development Department at 100 Civic Center
Drive, Newport Beach, California 92660.
Section 15.50.200 Amendment to Section 15.50.200 Standards of Construction.
Section 15.50.200 is hereby amended to read as follows:
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In all areas of special flood hazards, all new construction, all substantial improvements of
structures, including, but not limited to, a structure used for a residential or nonresidential
use, or any manufactured home, 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. For AH or AO Zones, 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
plus 1-foot of freeboard, or elevated at least two feet above the highest
grade if no depth number is specified.
b. In an unnumbered A Zone, elevated to or above the design flood
elevation, as determined by the City.
c. Coastal High Hazard Zones, VE and Coastal A Zones, shall also comply
with the requirements of Section 15.50.230
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d. In all other zones, elevated to or above the design flood elevation per
Section 15.50.070.
e. 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 flood water. 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
Emergency Management Agency; or
ii. Have a minimum of two openings on different sides of each
enclosed area having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding where
the enclosed area is measured on the exterior of the enclosure walls.
The bottom of all openings shall be no higher than one foot above
the higher of the final interior grade or floor and the finished exterior
grade immediately under each opening. Openings may be equipped
with screens, louvers, valves or other coverings or devices; provided,
that they permit the automatic entry and exit of flood water. Openings
shall be permitted to be installed in doors and windows; doors and
windows without installed openings do not meet the requirements of
this section.
f. 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 subsections (C)(1)(a), (b) and (c) of this section or
together with attendant utility and sanitary facilities:
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a. Be floodproofed below the elevation recommended under subsections
(C)(1)(a), (b) and (c) of this section 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.
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 Newport Beach Administrative Code, adopted in Section 15.02.010. In
addition to submittals required by the Newport Beach 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;
4. Description of the extent to which any watercourse will be altered or relocated
as a result of the proposed development; and
5. Plans for any walls to be used to enclose space below the base flood levels.
E. F000dways. Encroachments, including fill, new construction, substantial
improvements, and other development within floodways are prohibited, unless it has been
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demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and
hydraulic analysis performed and certified by a registered civil engineer in accordance
with standard engineering practice that the proposed encroachment will not result in any
increase in flood levels during the occurrence of the base flood discharge.
Section 15.50.210 Amendment to Section 15.50.210 Standards for Utilities.
Section 15.50.210 is hereby amended to read as follows:
A. All new and replacement electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of flooding
using the following minimum requirements or similar methods:
1. Electrical service conduits and cables below the design flood elevation shall be
waterproofed or conform to the provisions of the electrical code for wet locations.
2. Panelboards, load centers, main disconnect switches, and all circuit breakers
shall be located above and be accessible from above the Design Flood Elevation.
3. Plumbing systems and components, including plumbing fixtures, shall be
elevated above the design flood elevation. The openings shall be protected with
automatic backwater valves or other automatic backflow devices. Devices shall be
installed in each line that extends below the design flood elevation to prevent
release of sewage into floodwaters and to prevent infiltration by floodwaters into
the plumbing.
4. Ductwork and ductwork insulation shall be at or above the design flood elevation
unless designed, constructed, and installed to resist all flood -related loads and to
prevent floodwater from entering or accumulating within the ductwork.
5. Air intake openings and exhaust outlets shall be at or above the design flood
elevation.
6. All elevator components shall be located above the design flood elevation.
B. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems into
flood waters.
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C. On -site waste disposal systems shall be located above the design flood elevation to
avoid impairment to them or contamination from them during flooding.
Section 15.50.230 Amendment to Section 15.50.230 Coastal High Hazard Areas.
Section 15.50.230 is hereby amended to read as follows:
Within coastal high hazard areas, Zones V, V1-30, and VE, as delineated in the FIS and
FIRM, the following standards shall apply:
A. All new residential and nonresidential construction, including substantial
improvement/damage, and manufactured homes shall be elevated on adequately
anchored pilings or columns and securely anchored to such pilings or columns so that the
bottom of the lowest horizontal structural members of the lowest floor (excluding the
pilings and columns) is elevated to or above the design flood elevation. The pile or 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. All new construction and substantial improvement shall have the space below the
lowest floor free of obstructions or constructed with breakaway walls as defined in Section
15.50.050. Such enclosed space shall not be used for human habitation and will be usable
solely for parking of vehicles, building access or storage. Elevator shafts in Coastal High
Hazard Areas and Coastal A Zones are not required to have breakaway walls and shall
comply with FEMA Technical Bulletin 4, Elevator Installation (latest edition).
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 subsection (A) of this section;
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2. The elevation (in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or columns) of
all new and substantially improved structures, and whether such structures contain
a basement.
Section 15: Except as expressly modified herein, all other provisions, terms and
sections set forth in Title 15 shall remain unchanged and shall be in full force and effect.
Section 16: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 17: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, 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 18: The action proposed herein is not a project subject to the California
Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State
CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code
of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the
code amendment will not result in a reasonably foreseeable physical change to the
environment. The proposed action is also exempt from the CEQA pursuant to State
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. This
code amendment itself does not authorize development that would directly result in
physical change to the environment.
Section 19: 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.
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Section 20: 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. This ordinance shall be effective thirty
(30) calendar 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 15th day of November 2022, and adopted on the 29' day
of November 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
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ATTACHMENT B
ORDINANCE NO. 2022-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 9
(FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24,
PART 9 OF THE CALIFORNIA CODE OF
REGULATIONS, WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California ("State");
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;
WHEREAS, the 2022 Edition of the California Fire Code ("CFC") is based on the
2021 International Fire Code. The CFC published by the BSC in Title 24, Part 9 of the
California Code of Regulations must be in effect by January 1, 2023. In order to include
local amendments and enhance life safety and property protection, the City must
complete its adoption process thirty (30) days prior to implementation. The adoption of
the 2022 CFC into the Newport Beach Municipal Code ("NBMC") provides for an orderly
administration of the 2022 CFC by the City's Building and Fire Code officials;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2022 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions. In accordance with California Health
and Safety Code Section 17958.7, any modifications made via local ordinance must be
filed, along with the findings thereto, with the BSC. These local changes will be
incorporated into Title 9 of the Newport Beach Municipal Code;
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WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their
entirety as indicated in this ordinance and replaced with each of these modifications to
the State code that are correlated with the findings in Resolution No. 2022- adopted
by the City Council of the City of Newport Beach on November 15, 2022. When approved,
the ordinance and accompanying resolution will be forwarded to the BSC and the
California Department of Housing and Community Development as required by state law;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall continue to be known
as the Newport Beach Fire Code;
WHEREAS, all prior references to the former Newport Beach Fire Code shall be
construed to apply to the corresponding provisions of the Newport Beach Fire Code
contained herein; and
WHEREAS, the 2022 Edition of the California Fire Code is similar to the 2019
version; the attached ordinance contains similar provisions as adopted by the City Council
in 2019. Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted
in its entirety and amended to read as follows:
Sections:
Chapter 9.04
FIRE CODE*
9.04.010
Adoption of the 2022 California Fire Code.
9.04.020
Amendment of Section 109.6 Overcrowding.
9.04.030
Amendment of Section 112.4 Violation Penalties.
9.04.040
Amendment of Section 113.4 Failure to Comply.
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendment to Section 305 Ignition Sources.
9.04.070
Amendments to Section 307.4.2 Beach, Camp
and Recreational Fires.
9.04.080
Amendments to Section 308.1.1 Fireplace.
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9.04.090
Amendments to Section 308.1.6.3 Sky Lanterns.
9.04.100
Addition of Section 324 Geological Surveys.
9.04.110
Amendments to Section 503.2.1 Dimensions.
9.04.120
Amendments to Section 503.2.4 Turning Radius.
9.04.130
Amendments to Section 503.2.5 Dead Ends.
9.04.140
Amendments to Section 503.2.7 Grade.
9.04.150
Amendments to Section 503.4.1 Traffic Calming
Devices.
9.04.160
Amendments to Section 503.6 Security Gates.
9.04.170
Amendments to Section 505.1.1 Premises
Identification.
9.04.180
Amendments to Section 506 Key Box Contents.
9.04.190
Amendments to Section 510.1 Emergency
Responder Radio Coverage in New Buildings.
9.04.200
Deletion of Section 510.2 Emergency Responder
Radio Coverage in Existing Buildings.
9.04.210
Amendments to Section 510.4.2.2 Technical
Criteria.
9.04.220
Amendments to Section 510.5.2 Approval Prior
to Installation.
9.04.230
Amendments to Section 510.5.3 Minimum
Qualifications of Personnel.
9.04.240
Amendments to Section 510.5.4 Acceptance
Test Procedure.
9.04.250
Amendments to Section 510.6.1 Testing and
Proof of Compliance.
9.04.260
Addition of Section 511.1 Building Information.
9.04.270
Amendments to Section 903.2 Where Required.
9.04.280
Amendments to Section 903.2.8 Group R.
9.04.290
Amendments to Section 903.3 Installation
Requirements.
9.04.300
Amendments to Section 907.1 General.
9.04.310
Amendments and Additions to Section 912.1 Fire
Department Connections.
9.04.320
Amendments to Section 912.2 Location.
9.04.330
Amendments to Section 1203.1.1 Stationary
Generators.
9.04.340
Amendments to Section 3602 Definitions.
9.04.350
Amendments to Section 3603.6 Berthing and
Storage.
9.04.360
Amendments to Section 3604.1 General.
9.04.370
Amendments to Section 3604.2 Standpipes.
9.04.380
Amendment to Section 4905.2 Construction
Methods and Requirements Within Established
Limits.
9.04.385
Amendment to Section 4906.4.2 Trees.
9.04.386
Amendment to Section 4907.3 Defensible Space
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Requirements.
9.04.390
Amendments to Section 5003.12 Outdoor Control
Areas.
9.04.400
Amendments to Section 5004.1 Scope.
9.04.410
Amendments to Section 5601.1.2 Explosive
Material Terminals.
9.04.420
Amendments to Section 5601.1.3 Fireworks.
9.04.430
Amendments to Section 5601.2.2 Sale and Retail
Display.
9.04.440
Amendments to Section 5704.2.11.1
Underground Tanks.
9.04.450
Amendments to Section 5706.4 Bulk Plants or
Terminals.
9.04.460
Amendments to Appendix B Fire -Flow
Requirements for Buildings.
9.04.470
Local Agency Very High Fire Hazard Severity
Zone.
Section 9.04.010 Adoption of the 2022 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as
the "California Fire Code 2022 Edition," and the whole thereof including the matrix
adoption tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N
therein, errata issued during and after publishing date, save and except such
portions as are hereinafter deleted, added or amended which shall collectively be
known as the "Newport Beach Fire Code." A certified copy of the California Fire
Code shall be kept on file in the Office of the City Clerk of the City of Newport Beach
and open for public inspection.
Section 9.04.020 Amendment of Section 109.6 Overcrowding.
Section 109.6 Overcrowding is amended to read as follows:
109.6 Occupant Count. The supervisor of each place of assembly
shall have an effective system to keep count of the number of
occupants present in the assembly area.
Section 9.040.030 Amendment of Section 112.4 Violation Penalties.
Section 112.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
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112.4 Violation penalties. Persons who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who
shall erect, install, alter, repair or do work in violation of the approved
construction documents or directive of the fire code official, or of a permit
or certificate used under provisions of this code, shall be guilty and liable
in accordance with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 113.4 Failure to Comply.
Section 113.4 is amended to read as follows:
Section 113.4 Failure to comply. Any person who shall continue any
work after having been served with a stop work order, except such work
as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine in accordance with the Newport Beach
Municipal Code Title One 1.04.010 "Violation, Penalties and
Enforcement."
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the
closed end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-
made, where plant materials and natural fuels have been treated,
reduced, or modified to slow the rate and intensity of an advancing wildfire,
and to create an area for firefighters to suppress fire and protect
structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be
secured. A dock may be fixed to the shore or fixed on pilings, or may float
in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific
fuel modification zones within a property are subject to fuel modification.
Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary to
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achieve the minimum acceptable level of risk to structures from fires in
combustible vegetation.
FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel
modification plan that increases the likelihood that a structure will survive
a wildfire, improve the defensible space around the structure for
firefighting activities, and prevents direct flame contact with structures.
Vegetation includes native and ornamental plants, non-native naturalized
annual grasses, and other invasive or naturalized species. Fuel
modification activities can include removal, partial or total replacement of
existing plants with adequately spaced drought -tolerant and fire-resistant
species, and thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the
Fire Chief in which structures directly abut a wildland space on one or
more sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE:
A geographical area designated in accordance with the California
Government Code Section 51179, and by City of Newport Beach
ordinance, which contains the type and condition of vegetation,
topography, climate and structure density which potentially increases the
possibility of uncontrolled fire spread through vegetative fuels threatening
life or property. For the purposes of this code, Local Agency Very High
Fire Hazard Severity Zones shall be considered to be Very High Fire
Hazard Severity Zones as defined in Government Code Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in
which development is essentially nonexistent, except for roads, railroads,
power lines and similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where
improved property intersects with wildland or vegetative fuels.
9.04.060 Amendment to Section 305 Ignition Sources.
Section 305 is amended by adding the following:
..:
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305.6 Vegetation. Weeds, grass, vines or other growth that is capable of
being ignited and endangering property, or is located within 10 feet (3.048
m) of a chimney outlet, shall be cut down and removed by the property
owner. Vegetation modification requirements in wildland-urban interface
areas shall be in accordance with Section 4901 et seq. of this code.
305.7 Clearance of brush or vegetation growth from roadways. The
fire code official is authorized to cause areas within 10 feet (3.048 m) on
each side of portions of highways and private streets which are improved,
designed or ordinarily used for vehicular traffic to be free of flammable
vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used
as ground covers, provided that they do not form a means of readily
transmitting fire.
305.8 Notification and abatement procedures.
305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire
hazards, or other items prohibited under this code increase the danger of
fire and thus constitutes a fire hazard. If such condition exists, the fire code
official shall give notice to the owner of record to abate the hazard within
thirty (30) calendar days.
The notice shall state that the property owner is required to abate the fire
hazard and that if the hazard is not abated the City may take further action
which can include, (1) the City, or its contractor, may enter upon the parcel
of land and remove or otherwise eliminate or abate the hazard, (2) that
upon completion of such work the cost thereof, including administrative
costs, can be billed to the property owner or can become a special
assessment against that parcel, and (3) that upon City Council
confirmation of the assessment and recordation of that order, a lien may
be attached to the parcel to be collected on the next regular property tax
bill levied against the parcel.
305.8.2 Commencement of abatement proceedings. Whenever the fire
code official determines that a fire hazard exists, and the owner of a
property fails to properly abate hazard in locations adjacent to grass or
brush covered land which are located in hazardous fire areas, the fire code
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official is ordered to take appropriate correction actions based upon those
findings.
305.8.3 Service of notice. The fire code official shall notify the property
owner of affected properties as shown on the latest equalized tax
assessment roll by certified mail, of the specific conditions that constitute
a fire hazard and that the City will take action to abate the fire hazard.
Notices shall be mailed not less than fifteen (15) calendar days prior to
the date of the proposed abatement.
Failure of any property owner, or any party concerned to receive a notice
shall not affect the validity of any proceeding taken, if the procedure for
service of notice has been followed.
305.8.4 Appeal. The property owner may appeal the decision of the fire
code official regarding the fire code official's determination that a fire
hazard exists by sending a written appeal to the fire code official within
ten (10) calendar days of the mailing of the notice. The matter will be heard
by the Building and Fire Board of Appeals as specified in Section 15.80 of
the Newport Beach Municipal Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of
the fire code shall be held before the fire code official or Fire Chief who
shall hear all facts and testimony he/she deems pertinent. The facts and
testimony may include testimony on the condition of the property and
circumstances related to the fire hazard. The owner of the land may
appear in person or present a sworn written statement in time for
consideration at the hearing. The fire code official or Fire Chief may
impose such conditions and take such other action, as he/she deems
appropriate to carry out the purpose of the provisions of this chapter. The
decision of the fire code official or Fire Chief shall be final and shall be
sent to the property owner via certified mail to the owner's address on the
latest equalized tax assessment roll within thirty (30) calendar days.
305.8.6 Private property abatement. If any order of the Fire Chief or the
fire code official is made pursuant to this ordinance and is not complied
with within the period designated, the City may then cause such work to
be done to the extent necessary to eliminate the fire hazard and other
substandard fire conditions that are determined to exist.
305.8.7 Emergency private property abatement. When in the opinion
of the fire code official a substandard structure or substandard property is
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an immediate hazard to life and property, and the fire code official makes
written findings to the effect that abatement of such a fire hazard requires
immediate action, the fire code official may then cause such work to be
done to the extent necessary to eliminate the hazard. At least twenty-four
(24) hours prior to the abatement, the fire code official shall attempt to
contact the property owner to inform the property owner of the work to be
done and request their assistance or immediate voluntary removal of the
hazard. After the work is performed, the fire code official shall post a notice
and mail to the property owner information regarding the nature of the
work performed. Any individual aggrieved by the action of the fire code
official under this section, may appeal the determination of the action to
the Fire Chief, except that the appeal shall be filed within ten (10) calendar
days from the date of mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards shall become a special
assessment against the property. In addition to the above costs, an
administrative processing fee established by resolution of the Council of
the City of Newport Beach, shall be assessed against each parcel for City
incurred costs associated with abatement. An additional inspection fee
shall be established by resolution of the Council of the City of Newport
Beach for charges related to inspection services for vegetation hazard
identification. The schedule for such fees shall be maintained on file in the
City Clerk's office.
The fire code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 38773.5. The property owner may appeal the
fire code official's assessment by sending a written appeal to the fire code
official within fifteen (15) calendar days of the mailing of the notice. Any
appeal regarding the reasonableness of the assessment of costs shall be
heard by the Fire Chief.
If the total assessment determined as provided for in this section is not
paid within thirty (30) calendar days after mailing of such notice or after a
decision has been rendered on any appeal, the property owner shall be
billed. If unpaid, such charges shall be placed as a special assessment
on the tax bill for the property pursuant to the procedures set forth in
Section 38773.5 of the Government Code which is incorporated herein by
this reference.
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305.8.9 Other abatement procedures. The provisions of this ordinance
shall not in any manner limit or restrict the City from enforcing City
ordinances or abating public nuisances in any other manner provided by
law.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, camp, and recreational fires. No person shall make,
set, or maintain any beach or camp/recreational fire at any beach, park,
or other public place within the City except in areas where proper
containers are provided for such fires by the City and where City signs are
plainly posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Fireplace.
Section 308.1.1 is amended by adding Section 308.1.1.1
Section 308.1.1.1 Fireplace. No fireplace that uses flammable or
combustible liquid as a fuel source shall be allowed inside or outside a
structure, except outside for R3 occupancy is allowed.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns.
Section 308.1.6.3 is amended as follows:
308.1.6.3 Sky lanterns. A person shall not use or release any sky lantern
in the City of Newport Beach.
9.04.100 Addition of Section 324 Geological Surveys.
Section 324 is added as follows:
SECTION 324 GEOLOGICAL SURVEYS
324.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
324.2 Geological surveys. The fire code official may require the
submittal for review and approval of geological studies, evaluations,
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reports, remedial recommendations and/or similar documentation from a
state -licensed and department approved individual or firm, on any parcel
of land to be developed which:
1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active,
inactive, or abandoned oil or gas well operation, petroleum or chemical
refining facility, petroleum or chemical storage;
2. May contain or give off toxic, combustible or flammable liquids,
gases, or vapors; or
3. Modifications to existing systems.
9.04.110 Amendments to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6.1 m) and shall not be less
than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when
the road passes through approved security gates in accordance with
Section 503.6.Roads shall have an unobstructed vertical clearance of not
less than 13 feet 6 inches (4.1 m).
9.04.120 Amendments to Section 503.2.4 Turning Radius.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The turning radius for fire apparatus access
roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet
(12.2m) outside radius.
Exception: Cul-de-sacs with center obstructions may require larger turning
radius as approved by the fire code official.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess
of 150 feet (60.96 m) in length shall be provided with an approved
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cul-de-sac for turning around fire apparatus without backing up.
9.04.140 Amendments to Section 503.2.7 Grade.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten percent.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic calming devices. Any traffic calming devices in required
access roadways when approved by the fire code official, shall be in
accordance with the Newport Beach Public Works Department's
Neighborhood Traffic Management Policy.
9.04.160 Amendments to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
Section 503.6 Vehicle Access Gates. Vehicle access gates or barriers
installed across a fire apparatus access road shall be in accordance with
the City's Guidelines and Standards C.01 Emergency Fire Access:
Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any
gate or opening necessary or required as a point of access shall be not
less than 14 feet (4.27 m) unobstructed width. This minimum width may
be increased depending on the length of the approach.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall
the numbers be less than six inches (152 mm) in height with a one -inch
(25 mm) stroke. Address numbers shall contrast with their background,
and shall be either internally or externally illuminated to be visible at night.
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All multi -unit residential and commercial buildings shall have numbers or
addresses place above or immediately adjacent to all doors that allow fire
department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key box contents. When a Key box is required the following types
of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or exterior of
the building.
B. Keys to locked mechanical equipment rooms.
C. Keys to locked electrical rooms.
D. Keys to elevator controls.
E. Keys to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in
New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings.
Approved in -building, two-way emergency responder communication
coverage for emergency responders shall be provided in all new buildings.
In -building, two way emergency responder communication coverage
within the building shall be based on the existing coverage levels of the
public safety communication systems utilized by the jurisdiction,
measured at the exterior of the building. This section shall not require
improvement of the existing public safety communication systems. The
emergency responder radio coverage system shall comply with the
requirements of the Orange County Sheriff's Department,
Communications and Technology Division, and where the functionality of
performance requirements in the California Fire Code are more stringent,
this code.
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Exceptions:
1. Where it is determined by the fire code official that the radio coverage
system is not needed.
2. In facilities where emergency responder radio coverage is required and
such systems, components, or equipment required could have a negative
impact on the normal operations of that facility, the fire code official shall
have the authority to accept an automatically activated emergency
responder radio coverage system.
This chapter shall not apply to the following:
1. Existing buildings or structures.
2. One and two family dwellings.
3. Elevators.
4. Structures that are three stories or less without subterranean
storage or parking and that do not exceed 50,000 square feet on any
single story.
5. Wood -constructed residential structures four stories or less
without subterranean storage or parking which are not built integral
to an above ground multi -story parking structure.
For structures that are three stories or less in height, that do not
exceed 50,000 square feet on any single story, but includes
subterranean parking or storage, this ordinance shall apply only to
the subterranean areas.
9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in
Existing Buildings.
Section 510.2 is deleted in its entirety.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
Section 510.4.2.2 is amended to read as follows:
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510.4.2.2 Technical criteria. The fire code official shall maintain a
document providing the specific technical information and requirements
for the emergency responder radio coverage system. This document shall
contain, but not be limited to, the various frequencies required, the
location of radio sites, effective radiated power of radio sites, and other
supporting technical information, including:
1. The frequency range supported from the 800MHz Countywide
Communications System shall be 851-824 MHz (base transmitter
frequencies).
2. The frequency range supported from the 800MHz Countywide
Communications System shall be 806-824 MHz (radio field transmit
frequencies).
3. The public safety radio amplification system shall include filters to
reject frequencies below 851 MHz and frequencies above 869 MHz by a
minimum of 35dB.
4. All system components must be 100 percent compatible with analog
and digital modulations after installation, without adjustments or
modifications. The systems must be capable of encompassing the
frequencies stated herein and capable of future modifications to a
frequency range subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order
intermodulation protection.
6. All active in -building coverage devices shall be FCC Part 90 certified.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
Section 510.5.2 is amended to read as follows:
510.5.2 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC
shall not be installed without prior plan submittal, coordination, and
approval from the Orange County Sheriffs Department (OCSD)
Communications Division; with a copy provided to the fire and building
code official.
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9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
Section 510.5.3 is amended to read as follows:
510.5.3 Minimum qualifications of personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both of the following:
1. A valid FCC -issued general radio operators license.
2. Certification of in -building system training issued by, a nationally
recognized organization, school or a certificate issued by the
manufacturer of the equipment being installed.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
Section 510.5.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
510.5.4 Acceptance test procedure. When an emergency responder
radio coverage system is required, and upon completion of installation,
the building owner shall have the radio system tested by a qualified FCC
licensed third party technician to ensure that two-way coverage on each
floor of the building is not less than a minimum of 95 percent. The test
procedure shall be conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and proof of compliance. The owner of the building or
their representative shall have the emergency responder radio coverage
system inspected and tested annually or whenever structural changes
occur including additions or remodels that could materially change the
original field performance tests. Testing shall consist of the following-
1 . Signal boosters shall be tested to ensure that the gain is the same
as it was upon initial installation and acceptance or set to optimize the
performance of the system. In -building system components shall be
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tested to determine general function operability. If noncompliance is
found, the FCC licensed technician will assess improvements necessary
and provide such information to OCSD Communications, and the fire and
building code official.
2. Backup batteries and power supplies shall be tested under load for
a period of 1 hour to verify that they will properly operate during an actual
power outage. If within the 1-hour test period the battery exhibits
symptoms of failure, the test shall be extended for additional 1-hour
periods until the integrity of the battery can be determined.
3. All other active components shall be checked to verify operation
within the manufacturer's specifications.
4. At the conclusion of the testing, a certification report, which shall
verify compliance with Section 510.5.4, shall be submitted to OCSD
Communications and the fire and building code official.
9.04.260 Addition of Section 511.1 Building Information.
Section 511.1 is added to read as follows:
511.1 Building information. The fire code official is authorized to require
a cabinet for onsite storage of pre -plans and other building information
that is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.2 Where required. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the following
locations: "Building Area" as used in this section shall mean gross
building area enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of
Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing
system shall also be installed in all occupancies when the total building
area exceeds 5,D00 square feet (465 m2), unless more restrictive
requirements are required by other provisions of the code.
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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.
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows, with related subsections
remaining unchanged unless expressly modified by this ordinance:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. An addition when the increase in building size is 2,000 sq. ft. or more
and exceeds 50% of the area of the existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
C. As determined for new construction per Section 102.4.
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Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1
occupancies and not housing bedridden clients, not housing non:
ambulatory clients above the first floor, and not housing clients above the
second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1
occupancies housing only one bedridden client and complying with
Section 435.8.3.3 of the California Building Code.
3. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a requirement
for fire sprinklers to be installed in the existing primary dwelling.
4. The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a requirement
for fire sprinklers to be installed in the existing multifamily dwelling.
5. Pursuant to Health and Safety Code, Section 13113, occupancies
housing ambulatory children only, none of whom are mentally ill children
or children with intellectual disabilities, and the buildings or portions
thereof in which such children are housed are not more than two stories
in height, and building or portions thereof housing such children have an
automatic fire alarm system activated by approved smoke detectors.
6. Pursuant to Health and Safety Code, Section 13143.6, occupancies
licensed for protective social care which house ambulatory clients only,
none of whom is a child (under the age of 18 years), or who is elderly (65
years of age or over).
When not used in accordance with in Section 504.2 or 506.3 of the
California Building Code, an automatic sprinkler system installed in
accordance with Section 903.3.1.3 shall be allowed in Group R-2.1
occupancies.
An automatic sprinkler system designed in accordance with Section
903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
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903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.8 and in accordance with City's Guidelines and Standards F.02 Fire
Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
907.1.6 System design. No building shall have more than one fire alarm
panel. All fire detection and protection devices shall operate and be
connected to the building fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible
indicator that displays the status of the detector. When a detector is
located in a space above a drop ceiling, an indicating light shall be
provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm system
capable of showing the approximate location of all activating devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be
listed assemblies. Fire department inlet connections shall be painted
OSHA safety red unless otherwise approved by the fire code official.
When the fire flow demand of a sprinkler system is 500 gpm or greater,
including the interior hose stream demand if a standpipe system is
installed, four 2 1/2" inlets shall be provided.
9.04.320 Amendments to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than 100 feet (30.48 m) from a
public hydrant. When possible, the fire department connection shall be
located 30 feet (9.14 m) minimum from beginning of radius for driveway
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approach. The location of fire department connections shall be
approved by the fire code official.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows:
1203.1.1.1 Emergency power outlets. Provide and install electrical
outlets (120 volt, duplex) that are connected to the emergency generator
circuitry/system when a generator is required by Section 1203.2 of the
California Fire Code in every fire control room and in other areas as may
be designated by the fire code official. Emergency outlets shall be placed
in the following locations:
1. In the main exit corridor of each floor adjacent to each exit enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
6. In such other areas as may be designated by the fire code official.
9.04.340 Amendments to Section 3602 Definitions.
Section 3602.1 is amended to add the following:
DOCK
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas
shall be arranged such that a vessel occupying a slip can be readily
removed in an emergency without the necessity of moving other vessels.
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Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need of
an action plan providing the length of the tender or dinghy does not
exceed the width of the vessel's beam.
2. Vessels with beams of less than 14 feet are permitted to have a tender
or dinghy, up to a maximum of 14 feet in length, tied to the vessel's
stern.
3603.6.2 Permitted multiple berthing. A permit may be issued for multiple
berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An
action plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire.
b. The person is responsible for moving the vessels.
C. Where the vessels will be relocated to after 1800 hours.
d. How employee training and emergency communications are being
provided.
2. The multiple berthing is necessary for a special event or other
extenuating circumstances and will occur for a limited period of time,
which shall be approved by the fire code official and per City's Guidelines
and Standards A.10 Multiple Berthing and/or Rafting at Special Events.
9.04.360 Amendments to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing vessels, and marine
motor vehicle fuel -dispensing facilities stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through 3604.6.
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9.04.370 Amendments to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than 150 feet from a fire apparatus access road, it shall be
equipped with a Class III standpipe system installed in accordance with
NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for
Marinas, Wharfs, and Piers.
9.04.380 Amendment to Section 4905.2 Construction methods and requirements
within established limits.
Section 4905.2 is amended by adding Section 4905.2.1 to read as follows:
Section 4905.2.1 Required ventilation screening for existing
structures. All structures within the identified Very High Fire Severity
Zones with ventilation openings shall comply with all of the following:
1. Vents shall be covered with a mesh where the dimensions of the
mesh therein shall be a minimum of 1/16" and shall not exceed 1/8" in
diameter.
2. The mesh material shall be non-combustible.
3. The mesh material shall be corrosion resistant.
9.04.385 Amendment to Section 4906.4.2 Trees.
Section 4906.4.2 is amended by adding the following subsection 4 to read as follows:
4. Existing trees shall be trimmed so no portion of the tree shall hang
over or touch new and existing structures.
9.04.386 Amendment to Section 4907.3 Defensible space requirements.
Section 4907.3 is amended by adding Section 4907.3.1 to read as follows:
Section 4907.3.1 Required noncombustible zone. A 1-foot (305
mm) wide noncombustible zone is required at the base of all new and
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existing structures. Materials may include, but not limited to, concrete,
brick, pavers, gravel, and decomposed granite.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the fire
code official.
9.04.400 Amendments to Section 5004.1 Scope.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on site. No person shall use or store any
amount of Extremely Hazardous Substances (EHS) equal to or greater
than the amounts disclosed as listed in Appendix A, Part 355, Title 40, of
the Code of Federal Regulations in a residential zone or adjacent to
property developed with residential uses, unless approved mitigation
measures are implemented and maintained, as required by the fire code
official.
9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Storage of explosives and blasting agents. No person
shall store explosives or blasting agents anywhere in the City of
Newport Beach unless the fire code official has issued a permit
authorizing use and/or storage.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1 AG, (commonly referred to as "Safe and Sane") and fireworks
1.3G anywhere in the City of Newport Beach.
101 :.
Ordinance No. 2022-
Page 25 of 27
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail Display: Persons shall not conduct a retail
display nor offer for sale explosives, explosive materials or fireworks on
highways, sidewalks, public properties anywhere in the City of Newport
Beach.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in
any residential district or any residential area of a planned community
district, as defined in Section 20.14.020 of the Newport Beach Municipal
Code.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
5706.4 Bulk plants or terminals. Portions of properties where flammable
and combustible liquids are received by tank vessels, pipelines, tank cars
or tank vehicles and are stored or blended in bulk for the purpose of
distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles
or containers are prohibited within the boundaries of the City of Newport
Beach except as permitted by the fire code official. Approved installations
shall comply with Sections 5706.4.1 through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 is amended to read as follows:
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Ordinance No. 2022-
Page 26 of 27
B105.2 Buildings Other Than One -and Two- Family Dwellings, Group
R-3 and R-4 buildings and townhouses. The minimum fire- flow and
flow -duration for buildings other than one -and two-family dwellings, shall
be as specified in Tables B105.1(1)
Exception: A reduction in required fire flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 L/min.) for the prescribed duration as specified in Table
B105.1(2).
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of Newport Beach designates those areas identified in green on
the map attached to the ordinance codified in this section and on file with
the City Clerk as the Local Agency Very High Fire Hazard Severity Zone
for the City in accordance with Section 51179 of the Government Code.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, 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 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Additionally, the code amendment is exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This code amendment itself does not authorize development that would
directly result in physical change to the environment.
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Ordinance No. 2022-
Page 27 of 27
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) and the
Newport Beach Municipal Code shall remain unchanged and shall be in full force and
effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2023, pursuant to California Health and Safety
Code Sections 17958 and 18941 and Government Code Section 36937(e).
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 15th day of November, 2022, and adopted on the 29th day
of November, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AA ON C. HARP, CITY ATTORNEY
Attachment: Section 9.04.470 Local Agency Very High Fire Hazard Severity Zone Map
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