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HomeMy WebLinkAbout2013-79 - Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the California Building Code, the California Residential Code, the California Electrical Code, the California MechaRESOLUTION NO. 2013 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA PLUMBING CODE AS REASONABLY NECESSARY WHEREAS, Health and Safety Code Section 17958 mandates that the City of Newport Beach ( "City ") adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2013 California Building Code based on the 2012 International Building Code of the International Code Council, the 2013 California Residential Code based on the 2012 International Residential Code, the 2013 California Green Building Standards Code, the 2013 California Plumbing Code based on the 2012 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the 2013 California Mechanical Code based on the 2012 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, and the 2013 California Electrical Code based on the 2011 National Electrical Code of the National Fire Protection Association, the 2013 California Energy Code, the 2013 Historical Code, the 2013 Existing Building Code (hereinafter referred to collectively as "Codes "); and WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic, or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to Section 17958.5 make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; and WHEREAS, the Chief Building Official has recommended that changes and modifications be made to the Codes and have advised that these changes and modifications to the model codes are reasonably necessary due to local conditions in the City of Newport Beach and have further advised that the remainder of said changes and modifications are administrative or procedural in nature. NOW THEREFORE, the City Council of the City Of Newport Beach does hereby RESOLVE as follows: SECTION 1: The following changes and modifications to the 2013 Editions of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Plumbing Code as recommended by the Chief Building Official are hereby found to be necessary due to local climatic, geographic or topographic conditions: 1. Newport Municipal Code Section 15.03.060 amends the International Property Maintenance Code to require pool depth to be consistent with the California Building Code. Similar requirement in the California Building Code 2. Newport Beach Municipal Code Section 15.04.040 amends California Building Code Sections 403.4.8.1 to require stair ventilation and smoke detection in a high -rise building to be part of the emergency power load instead of part of standby power load. Applicable findings: a, b, c 3. Newport Beach Municipal Code Sections 15.04.050 through 15.04.100 amends California Building Code Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) to provide fire - resistive construction requirements for additions, alterations and accessory structures on parcels adjacent to very high fire hazard severity zones within the City of Newport Beach. Applicable findings: d, e, f 4. Newport Beach Municipal Code Section 15.04.110 amends California Code Section 803.2 to require a fire sprinkler system in new structures other than one- and two - family dwellings with an area exceeding 5,000 square ft.; and in existing buildings when an addition exceeds 50% of the existing building area, and the total area of the building exceeds 5,000 sq.ft. Applicable findings: c, d, e 5. Newport Beach Municipal Code Section 15.04.120 amends California Building Code Section 903.2.8 to be consistent with California Residential Code Section 8313.2 to require fire sprinkler systems in all new one- and two - family dwellings and to require fire sprinkler systems be installed with the construction of a significant addition and reconstruction. Applicable findings: d, e, f 6. Newport Beach Municipal Code Section 15.04.130 amends California Building Code Sections 907.5.2.2 to require a fire alarm system in high rise apartment houses and hotel guest rooms. Applicable findings: a, b, c 7. Newport Beach Municipal Code Sections 15.04.140 to 15.04.160 amend sections of Chapter 15 of the California Building Code to provide Class A roof cover within high fire hazard severity zones and prohibit the use of wood roof covers. It also allows use of Class B fire - retardant wood roof 2 covering as part of Class A roof assembly in other than high fire hazard severity zone. Applicable findings: d, e, f 8. Newport Beach Municipal Code Section 15.04.170 amends California Building Code Section 1704.2.1 to establish special inspector qualifications. Applicable findings: g, h 9. Newport Beach Municipal Code Section 15.04.180 amends California Building Code Section 1905.1.8 to eliminate plain concrete footings. Applicable findings: g, h 10. Newport Beach Municipal Code Section 15.04.190 amends California Building Code Section 3109.4.4.2 to clarify that pool safety fencing is also required for protection of the public. Clarification of code requirements 11. Newport Beach Municipal Code Section 15.04.200 amends California Building Code Section 3401.3.1 to allow the use of the 2013 California Existing Building Code as an alternate standard for additions, alterations and repairs of existing structures. Applicable findings: g, h 12. Newport Beach Municipal Code Section 15.05.060 deletes California Residential Code Section R301.1.1.1 in its entirety. Applicable findings: d, e 13. Newport Beach Municipal Code Section 15.05.070 amends California Residential Code Section R301.1.3 to require engineered design. Applicable findings: h, t, j 14. Newport Beach Municipal Code Section 15.05.080 amends California Residential Code Section R301.1.3.2 to require a licensed architect or engineer for all dwellings that are more than two stories in height or include a basement. Applicable findings: h, 1, j 15. Newport Beach Municipal Code Section 15.05.090 amends California Residential Code Table R301.2(1) Footnote g to reference the City's Flood Insurance Rate Map (FIRM). Applicable findings: j 16. Newport Beach Municipal Code Section 15.05.110 amends California Residential Code Section R309.3 to delete Newport Beach Municipal Code Chapter 15.50 for Fioodplain Management. Applicable findings: j K3 17. Newport Beach Municipal Code Section 15.05.120 deletes California Residential Code Section R313 and substitutes amended California Building Code Section 903.2.8 for fire sprinkler requirements in one- and two- family dwellings. The amendment includes the requirement to provide fire sprinkler systems when an addition andior reconstruction to a single - family dwelling exceeds 2,000 sq.ft. Applicable findings: d, e, f 18. Newport Beach Municipal Code Section 15.05.125 amends California Residential Code Section R319.1 by adding that buildings that are adjacent to an alley shall provide address numbers on the alley side. Applicable findings: g, h 19. Newport Beach Municipal Code Section 15.05.130 deletes Section R322 with the replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodpiain Management. Applicable findings: j 20. Newport Beach Municipal Code Section 15.05.140 deletes California Residential Code Section R327 and substitutes California Building Code Chapter 7A for construction requirements within high fire hazard areas. Similar requirement in the California Building Code 21. Newport Beach Municipal Code Section 15.05.150 amends California Residential Code Section R329 to require sound transmission ratings between dwelling units and town homes. Similar requirement in the California Building Code 22. Newport Beach Municipal Code Section 15.05.160 adds Section R332 to the California Residential Code and references California Building Code Section 3109.4.4 for pool safety requirements. Reference to California Building Code 23. Newport Beach Municipal Code Section 15.05.170 amends California Residential Code Section R401.1 to reference Newport Beach Municipal Code Chapter 15.50 for construction requirements within flood hazard areas and not allow wood foundations in seismic design categories D2 or E. Applicable findings: 1, j 24. Newport Beach Municipal Code Section 15.05.180 amends Section R401.4 to reference Newport Beach Municipal Code Chapter 15.10 for excavation and grading requirements. Reference the Municipal Code 25. Newport Beach Municipal Code Section 15.05.190 amends California Residential Code Section R401.4.1 to give the Building Official discretion over requiring a soils report. 11 Applicable findings: h, i 26. Newport Beach Municipal Code Section 15.05.200 deletes the California Residential Code Section R403.1.3 exception which allows unreinforced concrete footings. Applicable findings: h, i 27. Newport Beach Municipal Code Section 15.05.210 deletes California Residential Code Section R404 which allows prescriptive retaining wall design. Applicable findings: h, i 28. Newport Beach Municipal Code Section 15.05.220 amends California Residential Code Section R405.1 exception 2 to not allow foundation dewatering for basement walls extending below high tide bay water elevation. Applicable findings: i 29. Newport Beach Municipal Code Section 15.05.230 deletes California Residential Code Section R602.3.2 exception which allows a single top plate on a stud wall. Applicable findings: h 30. Newport Beach Municipal Code Section 15.05.240 deletes California Residential Code Section R602.10 which allows prescriptive wall bracing. Applicable findings: h 31. Newport Beach Municipal Code Section 15.05.250 deletes California Residential Code Section R602.12 which allows simplified wall bracing. Applicable findings: h 32. Newport Beach Municipal Code Section 15.05.260 deletes California Residential Code Section R902 and replaces California Building Code Section 1505. Applicable findings: d, e, f (also see item #8) 33. Newport Beach Municipal Code Section 15.06.020 and 15.06.030 amends California Electrical Code, Article 342.10 and 344.10 to not allow the direct contact of Intermediate Metal Conduit with earth. Applicable findings: 1, j 34. Newport Beach Municipal Code Section 15.06.040 amends California Electrical Code, Article 358.10 to not allow the direct contact of Electrical Metal Tubing with earth. Applicable findings 1, j 35. Newport Beach Municipal Code Section 15.07.020 amends California Mechanical Code, Section 103.2 to allow for code modifications. 5 Consistent with the Building Code 36, Newport Beach Municipal Code Section 15.08.020 amends California Plumbing Code, Section 102.6 to allow for code modifications. Consistent with the Building Code 37. Newport Beach Municipal Code Section 15.09.050 amends the Uniform Swimming Pool, Spa and Hot Tub Code section 301.3 reference the California Building Code with regard to pool enclosures and safety devices. Consistent with the Building Cade 38. Newport Beach Municipal Code Section 15.09.060 amends the Uniform Swimming Pool, Spa and Hot Tub Code section 310.1 through 310.4 to reference the Newport Beach Excavation and Grade Code Chapter 15.10. Reference the City's Municipal Code 39, Newport Beach Municipal Code Section 15.09.070 amends the Uniform Swimming Pool, Spa and Hot Tub Code section 509.3 to reference the City's Floodplain Management Code requirements. Applicable findings: g 40. Newport Beach Municipal Code Section 15.10.030 amends the Excavation and Grading Code section 15.10.030 item A.6 to add back fill requirements to exploratory excavations, Applicable findings: k 41. Newport Beach Municipal Code Section 15.10.040 amends the Excavation and Grading Code section 15.10.040 item B was added ensure shoring for trenches five feet or more for worker protection and public safety. Applicable findings: i 42. Newport Beach Municipal Code Section 15.10.050 amends the Excavation and Grading Code section 15.10.050 adding and clarifying definitions. Consistent with the Building Code 43. Newport Beach Municipal Code Section 15.10.125 adds to the Excavation and Grading Code section 15.10.125 requirements for protection of adjoin properties. Applicable findings: g,h,i 44. Newport Beach Municipal Code Sections 15.11.010 through 15.11.030. The following California Green Building Standards Code residential and nonresidential voluntary measures have been adopted as mandatory measures: A4.203.1.1; A4.204.1.1; A4.303.1; A4.303.3; A4.506.1; A5.106.2; A5.106.2.1; A5.106.2.2; A5.203.1.1; A5.212.1; A5.303.3(1) and (2). These measures require a higher level of energy and water conservation and better storm water quality and interior air quality. Applicable findings: k 6 SECTION 2: FINDINGS: a. The City of Newport Beach is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires. Control of such fires requires a rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb up flights of stairs will greatly impact the response time to reach an incident scene. Additionally the amount of wind force at 60 ft. above the ground puts rescue personnel at increased risk of injury when they are using aerial -type fire fighting apparatus above this height. b. The City of Newport Beach is located in a seismically active area. The public water system may be likely damaged after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. C. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, and due to the seismic activity and the expected infrastructure damage inherent in a seismic hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate extended Fire Department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. d. Many areas of Newport Beach have developments abutting wildland and canyons with significant growths of vegetation of a highly combustible nature, classified as Very High Fire Hazard Severity Zones. e. The City of Newport Beach, especially the foothill areas, is geographically located in an area periodically subject to high temperature dry Santa Ana wind conditions of high velocity. Moreover, the topographical conditions of the foothill areas and canyons contained therein tend to accelerate the periodic high velocity winds by means of a venturi effect. The use of non -rated or special purpose roofing materials as roof coverings within the City of Newport Beach may create an inordinate fire hazard during periods of high velocity winds when fire may spread across buildings with roof coverings of non -rated combustible materials. f. Embers from chimneys without spark arresters within the City of Newport Beach, including the foothill areas, coupled with the climatic, topographic and geographic conditions described herein above, may permit the throwing of sparks, embers and cinders upon non -rated and special purpose roofing material roofs during periods of high velocity winds, thereby creating a fire hazard which in turn may spread throughout areas where the roofs of structures are covered with wood shakes and shingles. 7 g. The City of Newport Beach is subject to seismic activity which may result in damage to existing structures that do not comply with current code. Repair of earthquake damage according to Chapter 34 of the California Building Code requires upgrading the existing building to a standard higher than that to which it was built, which creates a financial hardship for the building owner to repair an earthquake - damaged structure or strengthen it prior to a seismic event. The California Existing Building Code provides a reasonable performance standard for strengthening and repair of structures. FEMA requires adoption of performance standards for the repair of damaged structures as a condition of financial assistance after disasters. h. The City of Newport Beach is located in a seismically active area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport- Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The City of Newport Beach contains hilly areas subject to landslides and coastal areas subject to liquefaction. i. The City of Newport Beach has coastal and bay front areas with sandy soils and a shallow water table at the same elevation as bay water elevation which fluctuates with the tide. Sandy soils and high ground water level may cause the soils to liquefy during a seismic event. j. The City of Newport Beach contains low lying coastal areas subject to flooding from sustained rain with tides which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through back bay. Other oceanfront areas are subject to flooding from storm- driven surf. West Newport Beach is subject to flooding from the Santa Ana River. The City of Newport Beach participates in the Federal Flood Insurance Program and has adopted a FEMA - required flood management ordinance with flood mitigation measures including construction requirements contained in Newport Beach Municipal Code Chapter 15.50. K Newport Beach is located in Southern California and can be subject to air pollution, water and power shortages, climate change, and potential pollution of bay water. 9 SECTION 3: A copy of this Resolution together with the Ordinances adopting the City Codes shall be filed with the California Building Standards Commission and the California Department of Mousing and Community Development by the City Clerk of the City of Newport Beach as required by State law (Health and Safety Code Section 17958.7). SECTION 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12h day of November, 2013. ATTEST: W k Leilani 1, Brown, City Clerk 9 2A-:Z�X�z Keith D. Curry, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. 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 resolution, being Resolution No. 2013 -79 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: I None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13`h day of November, 2013. City Clerk Newport Beach, California (Seal)