HomeMy WebLinkAbout2022-26 - 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 CaliforniaORDINANCE 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
FLOODPLAIN MANAGEMENT
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;
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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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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.
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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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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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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.
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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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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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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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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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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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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 105.6 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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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:
Sections:
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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:
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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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Page 17 of 59
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
Ordinance No. 2022-26
Page 18 of 59
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
Ordinance No. 2022-26
Page 19 of 59
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:
Ordinance No. 2022-26
Page 20 of 59
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.
Section 15.04.100 RESERVED.
Ordinance No. 2022-26
Page 21 of 59
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
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
'See chapter 7A for roof covering requirements.
Section 15.04.120 Amendment to Section 1505.1.2.
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.
Ordinance No. 2022-26
Page 22 of 59
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
Ordinance No. 2022-26
Page 23 of 59
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.
Ordinance No. 2022-26
Page 24 of 59
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.
Ordinance No. 2022-26
Page 25 of 59
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. 2022-26
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
SNOW
WIND DESIGN
SUBJECT TO DAMAGE FROM
ICE BARRIER
AIR
Speed°
(mph)
Topographic
effects'
let
wind ion-,
Wlodbome
debde
S
SEISMIC DESIGN
CATEGORY'
LOAD`
WeetlFadng" Frost Termhe`
UNDERLAYMENT
FLOOD
HAZARDS°
FREEZING
MEANANNU
ALTEMW
feg
zone,
Ilne depth°
REQUIRED'
INDEX'
ZERO
95
NO
NO
NO
D„ 0:, ORE
NEGLIGIBLE
NA
VERY HEAVY
NO
SEE FOOTNOTE 9
0
607
MANUAL J DESIGN CRITERIA"
F.levation
Altitude
correction
Coincident
Indoor winter
design dry-bulb
Indoor wnteresn
i d i r g
Outdoor winter design
Hearin g rem pe raturedif-
facto'
wet bulb
temperature
dry-bulb temperature
dry - bulb temperature
ferencc
10 FEET
1.0
67
70
70
43
30"
Indoor summer
Indoor summer
Latitude
Daily range
design relative
design relative
Indoor summer design
Outdoor summer design
Cooling temperature dif-
humidity
humidity
dry-bulb temperature
dry-bulb temperature
ference
33.608
12
50
50
75
so
15,
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.
Ordinance No. 2022-26
Page 27 of 59
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.
Ordinance No. 2022-26
Page 28 of 59
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.
Ordinance No. 2022-26
Page 29 of 59
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.
Ordinance No. 2022-26
Page 30 of 59
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.
Ordinance No. 2022-26
Page 31 of 59
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.
Ordinance No. 2022-26
Page 32 of 59
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:
Sections:
Ordinance No. 2022-26
Page 33 of 59
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:
Ordinance No. 2022-26
Page 34 of 59
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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Page 35 of 59
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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Page 37 of 59
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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Page 38 of 59
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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Page 39 of 59
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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Page 40 of 59
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.
Ordinance No. 2022-26
Page 41 of 59
Table 306.5 is amended to read as follows:
TABLE 306.6
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Gwpe+
1T4
Exposed aggregate
.4
Textured, hand -finished concrete
t'
8
Travertine/brick-set pavers, public pools or spas
3;8
Travertine'brick-set pavers, residential pools or spas
1 8
Wood
I
Wood1plastic composite
1;8
For SI: 1 inch = 25.4 mm. 1 foot = 304.8 mm.
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the
entire deck and shall be installed in accordance with the California 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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Page 42 of 59
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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Page 43 of 59
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 All12.1.2 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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Page 44 of 59
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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Page 45 of 59
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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Page 46 of 59
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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Page 47 of 59
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 140OF (600C).
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 1040F (400C).
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.
Ordinance No. 2022-26
Page 48 of 59
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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Page 49 of 59
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:
Ordinance No. 2022-26
Page 50 of 59
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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Page 51 of 59
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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Page 52 of 59
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
Ordinance No. 2022-26
Page 54 of 59
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:
Ordinance No. 2022-26
Page 55 of 59
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. Floodways. Encroachments, including fill, new construction, substantial
improvements, and other development within floodways are prohibited, unless it has been
Ordinance No. 2022-26
Page 56 of 59
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.
I 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.
Ordinance No. 2022-26
Page 57 of 59
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;
Ordinance No. 2022-26
Page 58 of 59
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.
Ordinance No. 2022-26
Page 59 of 59
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 15t" day of November 2022, and adopted on the 29t" day
of November 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Mayor Pro Tern Blom Council Member Avert/
Council Member Brenner, Council Member Dixon Council Member
Duffield, Council Member O'Neill
NAYS:
ABSENT:
KEVIN MUrbOON, MAYOR
ATTEST:
WhEM/111IMmm-101,/JAI
yb
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
00,
Aaron C. Harp, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2022-26 was duly introduced on the 151h day of November, 2022, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 2911 day of November, 2022, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 30th day of November, 2022.
0(6 tniL -
Leilani I. Brown, MMID
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-26 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 19, 2022
Adopted Ordinance: December 3, 2022
In witness whereof, I have hereunto subscribed my name this day of December, 2022.
Aik,
Leilani I. Brown, MIVICI
City Clerk
City of Newport Beach, California
to—O FO R%
From:
HCD Building Standards(cbHCD
To:
man. Eric
Cc:
Brown, Leilani
Subject:
RE: Ordinance Filing: City of Newport Beach
Date:
December 02, 2022 10:25:14 AM
Attachments:
imaae001.Dna
image003.pnng
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hello,
Thank you for contacting the California Department of Housing and Community
Development (HCD). We are in receipt of your submitted correspondence. A HCD
Representative will reach out if there are any questions or comments.
Thank you,
Tyler Mayo
Codes and Standards Representative
From: Bryan, Eric <EBryan@newportbeachca.gov>
Sent: Friday, December 2, 2022 10:11 AM
To: HCD Building Standards@HCD <HCDBuildingStandards@hcd.ca.gov>
Cc: Brown, Leilani <LBrown@newportbeachca.gov>
Subject: Ordinance Filing: City of Newport Beach
Hello:
Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title
15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24.
Please acknowledge receipt.
Thank you,
Eric Bryan, CRM/CIGO
Deputy City Clerk, City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 1 92660
T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov
Please note that email correspondence with the City of Newport Beach, along with attachments, may
be subject to the California Public Records Act, and therefore may be subject to disclosure unless
otherwise exempt.
From:
Bryan, Eric
To:
ordinancefilinas(c0das.ca.a0v
Cc:
Brown, Leilani
Subject:
Ordinance Filing: City of Newport Beach
Date:
December 02, 2022 10:11:36 AM
Attachments:
imaae001.Dna
Resolution 2022-83.Ddf
Resolution 2022-84.Ddf
Ordinance 2022-26.Ddf
Ordinance 2022-27.Ddf
image003.pnng
Hello:
Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title
15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24.
Please acknowledge receipt.
Thank you,
Eric Bryan, CRM/CIGO
Deputy City Clerk, City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 192660
T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov
Please note that email correspondence with the City of Newport Beach, along with attachments, may
be subject to the California Public Records Act, and therefore may be subject to disclosure unless
otherwise exempt.