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Home My WebLink About22 - 2013 California Building CodesaEW PART CITY OF NEWPORT BEACH C9C/FORN�P City Council Staff Report Agenda Item No. 22 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949-644-3226, kbrandt@newportbeachca.gov PREPARED BY: Seimone Jurjis, SBO, Chief Building Official r-177 iG]TI4-931 TITLE: Adoption of the 2013 California Building Codes and Other Related ABSTRACT: The City enforces State model building codes with local amendments for the purpose of regulating design and construction of all buildings and structures to protect life and property. In accordance with State law, model codes published by the State Building Standards Commission in Title 24 are mandated to be enforced on January 1, 2014. RECOMMENDATIONS: 1. Conduct public hearing; and 2. Adopt Resolution 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; and 3. Introduce Ordinance No. 2013- 24, An Ordinance of the City of Newport Beach Amending Title 15 of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2013 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2012 International Property Maintenance Code; the 2013 California Historical Code; the 2013 California Existing Building Code; to Adopt with Local Amendments the 2013 Edition of the California Building Code; The 2013 Edition of the California Residential Code; the 2013 California Electrical Code; the 2013 California Plumbing Code; the 2013 California 1 Adoption of Amendments to the 2013 California Building Codes November 12, 2013 Page 2 Mechanical Code; the 2012 Uniform Swimming Pool, Spa and Hot Tub Code; the Excavation and Grading Code; the 2013 California Green Building Standards Code' (Title 24 of the California Code of Regulations), and pass a public hearing and second reading on November 26, 2013; and 4. Find Ordinance No. 2013- 24 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. FUNDING REQUIREMENTS: There is no fiscal impact to the City for this action. DISCUSSION: The California Building Standards Code is published every three years and amends the California Code of Regulations Title 24. These codes are commonly referred to as the California Building Codes and include Building, Residential, Plumbing, Mechanical, Electrical, and Green Building Standards and Energy Codes. The City of Newport Beach may only make more restrictive modifications and amendments if the City Council adopts findings relating to local climatic, topographic and geographic conditions and said findings are filed with the California Building Standards Commission. The California Building Standards Commission has established January 1, 2014 as the statewide effective date for the 2013 California Building Standards Code. All local municipalities are required to enforce such codes as the minimum design and construction codes. If the draft ordinance is adopted it would amend Title 15 of the Newport Beach Municipal Code by repealing references to the prior editions of the building and construction codes and enacting the most current California Building Codes. 2 Adoption of Amendments to the 2013 California Building Codes November 12, 2013 Page 3 Staff recommends City Council adopt the attached ordinance amending Title 15 to include the following codes: • 2013 California Building Code • 2013 California Residential Code • 2013 California Electrical Code • 2013 California Mechanical Code • 2013 California Plumbing Code • 2013 California Green Building Standards Code (Cal Green) • 2013 California Historical Building Code • 2013 California Existing Building Code • 2012 International Property Maintenance Code • 2012 Uniform Swimming Pool, Spa and Hot Tub Code In addition to the California Building Codes, the 2012 International Property Maintenance Code, and the 2012 Uniform Swimming Pool, Spa and Hot Tub Code, which are model administrative and technical codes, are also necessary and proposed for adoption. The 2012 International Property Maintenance Code is the updated edition of the currently adopted 2009 edition. The 2012 Uniform Swimming Pool, Spa and Hot Tub Code is the updated edition of the currently adopted 2009 edition. This code includes plumbing and sanitation requirements for pools, spas and hot tubs. Additional amendments are proposed to the Newport Beach Grading and Excavation Code to reference current State requirements for notification of adjacent property owners when excavation is proposed. A revision is also proposed to the Floodplain Management Chapter of Title 15 to require appeals of determinations made by the Floodplain Administrator to the Building and Fire Board of Appeals instead of the Planning Commission. Staff is also recommending adoption of the 2013 California Historical Building Code, which governs the use, alteration, and any addition to a listed historical building while preserving the historical integrity of the structure. By incorporating the State's historical provisions into the City's Municipal Code it will provide staff more flexibility in the review of alterations to historical structures. Public Workshop On October 28, 2013, staff held a public workshop to gain input on the draft ordinance. Over 550 architects, engineers, designers, the Building Industry Association, and Irvine Company were invited. Twenty professionals attended the meeting and provided input. Copies of the draft ordinance along with other information were provided. The attendees participated and asked for clarification or provided suggestions to the 3 Adoption of Amendments to the 2013 California Building Codes November 12, 2013 Page 4 proposed code amendments. No amendments were requested to be deleted or removed. However there was discussion in respect to the proposed amendment to Newport Beach Municipal Code Section 15.02.100, which would require an existing residential structure that is undergoing alterations of a certain value to be brought into compliance with current Building Code requirements for "all new" construction. See Key Municipal Code Amendments for additional discussion on this proposed amendment. Key State Code Changes Provided below is a summary of the two most significant changes in the new State Codes: • Included in the new California Building Codes is the adoption of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as the model accessibility code for California. This decision was made to maintain consistency with the new Federal 2010 ADA Standards which became effective on March 15, 2012. This means that the California standards will have the format and organization of the 2010 ADA Standards but with the addition of California amendments to maintain the enhanced levels of accessibility provided by the existing California regulations. • California Civil Code Section 1101.4 requires residential buildings undergoing any permitted alterations, additions, or improvements to replace any plumbing fixtures that do not meet the requirements of the California Green Code. It is important to note that some types of permits for property maintenance and repair will not trigger this requirement. For example, a building permit for a re -roof or water heater replacement will not trigger the plumbing fixture upgrade. Staff is proposing that this requirement be reflected in Newport Beach Municipal Code Section 15.11.020. Key Municipal Code Amendments Staff is proposing the following amendments to the municipal code to reflect conditions in the City Newport Beach: • Newport Beach Municipal Code Section 15.02.100 establishes new criteria requiring residential remodel projects to comply with code requirements for new construction if the proposed improvements are valued at more than 50 percent of the original structure's value (not including the land). This item was discussed at length at the October 28, 2013, Public Workshop, and it was suggested that options be provided to allow the design community more flexibility. In response 4 Adoption of Amendments to the 2013 California Building Codes November 12, 2013 Page 5 to this feedback, staff has included a provision that exempts projects that are valued at less than $200,000. An additional exception is also proposed to allow the Chief Building Official to accept a lesser degree of compliance when substantial conformance with the building code can be determined. From past data, staff estimates that this amendment would affect less than two percent (2%) of the residential remodel projects submitted to the City. • Newport Beach Municipal Code Section 15.50.180 changes the review authority from the Planning Commission to the Building and Fire Board of Appeals in respect to reviewing and taking action on appeals and variances from the City's floodplain management requirements. • Staff is also recommending that the height definition for high-rise construction be increased from 55 feet and above to 75 feet and above, which reflects the State's definition. This proposed change is recommended for both the Building and Fire codes. • Currently California Civil Code Section 832 requires any property owner who intends to excavate his or her property to notify the adjoining properties owners at least 30 days in advance of the grading activity. This allows the neighbors to take any measures they feel necessary to protect their property. Staff is proposing that this requirement be reiterated in Newport Beach Municipal Code Section 15.10.125. CEQA Introduction of the 2013 California Building Code including proposed local amendments is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect physical change In the environment), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 0 Adoption of Amendments to the 2013 California Building Codes November 12, 2013 Page 6 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �/.Y�&,Zr— Kimberly Brand, AICP Director Attachments: CC 1 Draft Resolution CC 2 Draft Ordinance — For Adoption CC 3 Draft Ordinance — Redlined Version 0 City Council Attachment 1 Draft Resolution 7 q RESOLUTION NO. 2013- 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: I 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 403.4.9.1 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 903.2 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 R313.2 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 10 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, 1, 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 Floodplain Management. Applicable findings: j 3 1I 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 and/or 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, Floodplain 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: /, 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. 4 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 is 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 Code 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 14 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 15 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. 0 1% 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 Housing 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 12th day of November, 2013. ATTEST: Leilani I. Brown, City Clerk 0 Keith D. Curry, Mayor 17 12 City Council Attachment 2 Draft Ordinance — For Adoption 19 20 CITY OF NEWPORT BEACH BUILDING DEPARTMENT ORDINANCE NO. 2013 - TABLE OF CONTENTS TITLE 15 SECTION 1 Amendments to Chapter 15.02 Administrative Code SECTION 2 Amendment to Chapter 15.03 International Property Maintenance Code SECTION 3 Amendments to Chapter 15.04 Building Code SECTION 4 Amendments to Chapter 15.05 Residential Code SECTION 5 Amendment to Chapter 15.06 Electrical Code SECTION 6 Amendment to Chapter 15.07 Mechanical Code SECTION 7 Amendment to Chapter 15.08 Plumbing Code SECTION 8 Adoption of Chapter 15.09 Swimming Pool Code SECTION 9 Amendment of Chapter 15.10 Excavation and Grading Code SECTION 10 Amendments to Chapter 15.11 Green Building Standards Code SECTION 11 Adoption of Chapter 15.13 Historical Building Code SECTION 12 Adoption of Chapter 15.14 Existing Building Code SECTION 13 Adoption of Chapter 15.17 Energy Code SECTION 14 Amendment to Chapter 15.50 Floodplain Management Paae 3 7 9 17 23 25 26 27 28 35 36 37 37 37 1 21 ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT AMENDMENTS TO CHAPTER 1 DIVISION II OF THE 2013 CALIFORNIA BUILDING CODE DESIGNATED AS THE NEWPORT BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2013 CALIFORNIA HISTORICAL CODE; THE 2013 CALIFORNIA EXISTING BUILDING CODE; TO ADOPT WITH LOCAL AMENDMENTS TO THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE; THE 2013 CALIFORNIA ELECTRICAL CODE; THE 2013 CALIFORNIA PLUMBING CODE; THE 2013 CALIFORNIA MECHANICAL CODE; THE 2012 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; THE EXCAVATION AND GRADING CODE; THE 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE RECITALS WHEREAS, Health & Safety Code Sections 17922 and 18935, the Building Standards Commission ('BSC') has approved the adoption of new model codes relating to design and construction for the protection of life and property. The BSC has advised local jurisdictions that the State will adopt the 2013 Edition of the California Building Code ("CBC'); and WHEREAS, the 2013 CBC is based on the 2012 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 11 are mandated to be enforced on January 1, 2014. In order to include our local amendments and enhance life safety and property protection, the City of Newport Beach must complete its adoption process thirty (30) days prior to January 1, 2014. The adoption of the code into the City Municipal Code provides for an orderly administration of the codes by City Building and Fire officials; and WHEREAS, local jurisdictions may amend the State Building Code 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 of the Newport Beach Municipal Code; and WHEREAS, to aid in efficiency and clarity, portions of Title 15 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the State code that are correlated with the findings in Resolution No. 2013- adopted by the City Council of the City of Newport Beach on November 12, 2 22 2013. When approved, the ordinance and accompanying resolution will be forwarded to the BSC in compliance with the above mentioned code sections, and 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; and WHEREAS, all prior references to the former Newport Beach Administrative Code shall be construed to apply to the corresponding provisions of the Newport Beach Administrative Code contained herein; and WHEREAS, the 2013 California Building Code is similar to the 2010 version; the attached ordinance contains similar provisions as adopted by the City Council in 2010. 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 does ordain as follows: SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.02 ADMINISTRATIVE CODE 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15.02.030 Amendment to Section 101.4.1. 15.02.040 Amendment to Section 101.4.2. 15.02.050 Amendment to Section 101.4.3. 15.02.060 Amendment to Section 101.4.4. 15.02.070 Amendment to Section 101.4.5. 15.02.080 Amendment to Section 101.4.6 15.02.090 Amendment to Section 102.6. 15.02.100 Added to Section 102.7. 15.02.110 Amendment to Section 103.1 15.02.120 Amendment to Section 105.2 15.02.130 Amendment to Section 105.3.2 15.02.140 Amendment to Section 105.5 15.02.150 Amendment to Section 109.4 Section 15.02.010 Adoption of the Administrative Code. 15.02.010 Adoption of Section 15.02.010 3 23 The City Council adopts and incorporates by reference, as though set forth in full in this section Chapter 1 Division II of the 2013 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 2013 California Building Code printed in code book form shall be kept on file in the office of the City Clerk. Section 15.02.020 Amendment to Section 101.1 Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." Section 15.02.030 Amendment to Section 101.4.1 Section 101.4.1 is amended to read as follows: Section 101.4.1 Gas. The provisions of the California Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. Section 15.02.040 Amendment to Section 101.4.2 Section 101.4.2 is amended to read as follows: Section 101.4.2 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Section 15.02.050 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 15.02.060 Amendment to Section 101.4.4 4 24 Section 101.4.4 is amended to read as follows: Section 101.4.4 Property maintenance. The provisions of the Newport Beach Property Maintenance Code shall apply to existing residential 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 15.02.070 Amendment to Section 101.4.5 Section 101.4.5 is amended to read as follows: Section 101.4.5 Fire prevention. The provisions of the California Fire Code as amended by the City of Newport Beach shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. [-VTW-rlx&XI)WIVI4-IT,I iTI71-TIi"R-W-T OTiNHiiiPEI91 Section 101.4.6 is amended to read as follows: Section 101.4.6 Energy. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. Section 15.02.090 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 is specifically covered in this code, the California Building Code, the California Residential Code, the California Property Maintenance Code, or the California Fire Code, or as is deemed necessary by the Chief Building Official for the general safety and welfare of the occupants and the public. Section 15.02.100 Added to Section 102.7 Section 102.7 is added to read as follows: 5 25 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 $200,000; 2. The Chief Building Official is authorized to accept less than the requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained. Section 15.02.110 Amendment to Section 103.1 Section 103.1 is amended to read as follows: Section 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Chief Building Official. Section 15.02.120 Amendment to Section 105.2 Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade. Section 15.02.130 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 extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 15.02.140 Amendment to Section 105.5 Section 105.5 is amended to read as follows: Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or 0 20 abandoned for a period of 180 days after the date of the last recorded inspection. Before such work can be recommenced, a new permit shall be first obtained to do so, and the permittee shall pay a new permit fee except for permits for suspended or abandoned work where inspections were previously recorded the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original approved plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Permits shall not be renewed more than once._ The Chief Building Official is authorized to grant, in writing, one or more extensions of time, for a period not more than 180 days each provided work has not commenced. The extension shall be requested in writing and justifiable cause demonstrated. Section 15.02.150 Amendment to Section 109.4 Section 109.4 is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee in addition to the required permit fees. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Chapter 15.03 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 15.03.010 Adoption of the International Property Maintenance Code 15.03.020 Deletion of Chapter 1, except Sections 101, 102 and 108.1 through 108.1.5 15.03.030 Amendment to Section 101.1 15.03.040 Amendment to Section 101.2 15.03.050 Amendment to Section 102.3 15.03.060 Amendment to Section 303.2 Section 15.03.010 Adoption of the International Property Maintenance Code 7 27 The City Council adopts and incorporates by reference, as set forth in full in this section, the 2012 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 2012 International Property Maintenance Code shall be kept on file in the office of the City Clerk. Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1 through 108.1.5 Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 105, and 108.1 through 108.1.5. Section 15.03.030 Amendment to Section 101.1 Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Property Maintenance Code, herein referred to as "this code." Section 15.03.040 Amendment to Section 101.2 Section 101.2 is amended to read as follows: Section 101.2 Scope. The provisions of this code shall apply to all existing residential structures and all existing premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Section 15.03.050 Amendment to Section 102.3. Section 102.3 is amended to read as follows: Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable adopted codes. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Newport Beach Zoning Code. Section 15.03.060 Amendment to Section 303.2 0 22 Section 303.2 is amended to read as follows: Section 303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 18 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 60 inches (1524 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self -latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self- closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.04 BUILDING CODE 15.04.010 Adoption of the California Building Code 15.04.020 Deletion of Section 104.10.1 15.04.030 Amendment to Section 105.2 15.04.040 Amendment to Section 403.4.9.1 15.04.050 Amendment to Section 701A.1 15.04.060 Amendment to Section 701A.3 15.04.070 Amendment to Section 701A.3.1 15.04.080 Amendment to Section 702A 15.04.090 Amendment to Section 708A 15.04.100 Amendment to Section 710A 15.04.110 Amendment to Section 903.2 15.04.120 Amendment to Section 903.2.8 15.04.130 Amendment to Section 907.5.2.2 15.04.140 Amendment to Section 1505.1 15.04.150 Amendment to Table 1505.1 15.04.160 Amendment to Section 1505.1.3 15.04.170 Amendment to Section 1704.2.1 15.04.180 Amendment to Section 1905.1.8 15.04.190 Deletion of Sections 2308.9.3 and 2308.9.3.1 15.04.200 Deletion of Section 2308.12.4 and 12.14.1 15.04.210 Amendment to Section 3109.4.4.2 15.04.220 Addition of Section 3401.3.1 0 29 Section 15.04.010 Adoption of the 2013 California Building Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 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 2010 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 2013 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.04.020 Deletion of Section 104.10.1 Section 104.10.1 is deleted in its entirety. Section 15.04.030 Amendment to Section 105.2 Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade. Section 15.04.040 Amendment to Section 403.4.9.1 Section 403.4.9.1 is amended to read as follows: Section 403.4.9.1 Emergency power loads. The following are classified as emergency power loads: 5. Fire alarm systems; 6. Electrically powered fire pumps; and 7. Ventilation and automatic fire detection equipment for smokeproof enclosures. Section 15.04.050 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. 10 30 Section 15.04.060 Amendment to Section 701A.3 Section 701A.3 is amended to read as follows : Section 701A.3 Application. New buildings, alterations and additions located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. Exceptions: 1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building. 2. Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building. 3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C — Group U Agricultural Buildings), when located at least 50 feet from an applicable building. Section 15.04.070 Amendment to Section 701A.3.1 Section 701A.3.1 is amended by deleting Exception #2 in its entirety: Section 701A.3.1 Application date and where required. Section 15.04.080 Amendment to Section 702A Section 702A is amended with one addition to read as follows: SECTION 702A DEFINITIONS UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one enclosed side. Section 15.04.090 Amendment to Section 708A Section 708A is amended to read as follows: SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS Section 708A.1 General. Section 708A.2 Exterior glazing. The following exterior glazing materials and/or assemblies shall comply with this section: 1. Exterior windows 2. Exterior glazed doors 11 S2 3. Glazed openings within exterior doors 4. Glazed openings within exterior garage doors 5. Exterior structural glass veneer 6. Skylights Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight assembly requirements. Exterior windows, exterior glazed door assemblies and skylight assemblies shall comply with one of the following requirements: �-'i_T4tG71NPKIMM[iIl1_1'=_1 uI"i3'iTFMe llf-Mr-TiVA1171 Section 710A is amended to read as follows: SECTION 710A ACCESSORY STRUCTURES Section 710A.1 General. Accessory and miscellaneous structures, other than buildings covered by Section 701A.3 shall be constructed to conform to the ignition resistance requirements of this section. Section 710A.2 Applicability. The provisions of this section shall apply to trellises, arbors, patio covers, carports, gazebos and similar unenclosed covered structures of an accessory or miscellaneous character. Exceptions: 1. Decks shall comply with the requirements of Section 709A. 2. Awnings and canopies shall comply with the requirements of Section 3105. Section 710A.3 Where required. Accessory structures shall comply with the requirements of this section. 710A.3.1 Attached accessory structures shall comply with the requirements of this section. 710A.3.2 Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section. Section 710A.4 Requirements. Accessory structures shall be constructed of noncombustible, ignition -resistant materials, or heavy timber. Section 15.04.110 Amendment to Section 903.2 Section 903.2 is amended to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations: 12 S2 "Building Area" as used in this section shall mean gross building area enclosed within exterior walls. 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be installed in all occupancies when the total building area exceeds 5,000 square feet (465 mz). Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. 2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when the total area of the addition and reconstruction is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 M2). Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. Section 15.04.120 Amendment to Section 903.2.8 Section 903.2.8 is replaced in its entirety: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings. 2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds 50% of the area of the existing structure. b. An addition when the existing building is already provided with automatic fire sprinkler system. c. As determined for new construction per Section 102.7 The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved. Section 15.04.130 Amendment to Section 907.5.2.2 Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows: Section 907.5.2.2 Emergency voice/alarm communication systems. Emergency voice/alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an 13 33 alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high-rise buildings and Group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1 5. Dwelling units in apartment houses. 6. Hotel guest rooms or suites. Exception: In Group 1-2 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. Section 15.04.140 Amendment to Section 1505.1 Section 1505.1 is amended to read as follows: Section 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. Exceptions: 1. Skylights and sloped glazing that comply with Chapter 24 or Section 2610. 2. Membrane structures that comply with Chapter 31. Section 15.04.150 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 14 S4 Section 15.04.160 Amendment to Section 1505.1.3 Section 1505.1.3 is amended to read as follows: Section 1505.1.3 Roof coverings within all other areas. New construction shall have Class A roof covering. Exception: Class B wood roof covering may be used when: 1. It is a part of Class A roof assembly, and 2. Eaves are boxed 1 -Hr assembly, and 3. Fire sprinkler system is provided throughout including attic space. 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 A. When 50 percent or less of the total roof area is added, altered or replaced within any one-year period, the roof covering applied in the addition, alteration, repair or replacement of the roof of every existing structure shall be a fire -retardant roof covering that is at least Class B. Section 15.04.170 Amendment to Section 1704.2.1 Section 1704.2.1 is amended to read as follows: Section 1704.2.1 Special inspector qualifications. The special inspector shall be a qualified person approved by the Chief Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Chief Building Official in writing, noting all code violations and other information as required on forms prescribed or approved by the City of Newport Beach. Each person applying for listing/registration as a special inspector for the City of Newport Beach shall possess a valid certification from a certifying agency approved by the Chief Building Official, as a special inspector for each classification for which they apply. The Chief Building Official may administer testing procedures which he/she may find appropriate. 15 35 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 and their personnel are permitted to act as the special inspector for the work designed by them, provided they qualify as special inspectors. Section 15.04.180 Amendment to Section 1905.1.8 Section 1905.1.8 is amended by deleting Exceptions 1 through 3 in its entirety: Section1905.1.8 ACI 318, Section 22.19 Section 15.04.190 Deletion of Section 2308.9.3 and 2308.9.3.1 in its entirety Section 15.04.200 Deletion of Section 2308.12.4 and 2308.12.14.1 in its entirety Section 15.04.210 Amendment to Section 3109.4.4.2 Section 3109.4.4.2. is amended to read as follows: Section 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as provided in Section 3109.4.4.5, for the protection of the public, residents and their guests, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with a barrier complying with Section 3104.4.4.3 and at least one of the following six drowning prevention safety features: 1. The pool shall be isolated from the access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. 16 so 2. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346. 3. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. 4. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self -latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor. 5. Sonar swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms." For purposes of this article, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. 6. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-3, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME), inclusive, as determined by the Chief Building Official. Section 15.04.220 Addition of Section 3401.3.1 Section 3401.3.1. is added to read as follows: Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and changes of occupancy to existing structures may be designed to comply with the 2013 California Existing Building Code. SECTION 4. Chapter 15.05 of the Newport Beach Municipal Code is deleted in its entirety and amended by adopting the 2010 California Residential Code as follows: Sections Chapter 15.05 RESIDENTIAL CODE 15.05.010 Adoption of the California Residential Code 15.05.020 Amendment to Section R101.1 15.05.030 Amendment to Section R101.2 15.05.040 Deletion of Sections R102 through R114 15.05.050 Addition to Sections R115 15.05.060 Deletion of Section R301.1.1.1 15.05.070 Amendment to Section R301.1.3 15.05.080 Amendment to Section R301.1.3.2 15.05.090 Amendment to Table R301.2(1) 15.05.100 Amendment to Table R301.2(1) Footnote g. 17 37 15.05.110 Deletion of Section R309.3 15.05.120 Deletion of Section R313 15.05.125 Amendment to Section R319.1 15.05.130 Deletion of Section R322 15.05.140 Deletion of Section R327 15.05.150 Addition of Section R329 15.05.160 Addition to Section R330 15.05.170 Amendment to Section R401.1 15.05.180 Amendment to Section R401.4 15.05.190 Amendment to Section R401.4.1 15.05.200 Deletion of Exception to Section R403.1.3 15.05.210 Deletion of Section R404 in its entirety 15.05.220 Amendment to Section R405.1 15.05.230 Deletion of Exception to Section R602.3.2 15.05.240 Deletion of Section R602.10 in its entirety. 15.05.250 Deletion of Section R602.12 in its entirety 15.05.260 Deletion of 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 2013 Edition of the California Residential Code including Appendix H and all national codes and standards referenced therein, based on the 2012 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 2013 California Residential Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.05.020 Amendment to Section R101.1 Section R101.1 is amended to read as follows: Section R101.1 Title. These provisions shall be known as Newport Beach Residential Code, and shall be cited as such and will be referenced to herein as "this code." Section 15.05.030 Amendment to Section R101.2 Sections R101.2 is amended to read as follows: Section R101.2 Scope. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. 18 WrA Exceptions: 1. Live/work units complying with the requirements of section 419 of the California Building Code shall be permitted to be built as one -and two- family dwellings or townhouses. Fire suppression required by Section 419.5 of the California Building Code when constructed under the California Residential Code for One- and Two-family Dwellings shall conform to Section 903.3.1.3 of the California Building Code. 2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the California Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section 903.3.1.3 of the California Building Code. 15.05.040 Deletion of Sections R102 through R114 from Chapter 1, Division II Sections R102 through R114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 15.05.050 addition to Sections R115 Section R115 is added to read as follows: SECTION R115 — Existing Buildings For existing One- and Two-family dwellings Chapter 34 for Existing Buildings of the 2013 California Building Code shall be the applicable code. Section 15.05.060 Deletion of Section R301.1.1.1 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. Engineered design in accordance with the California Building Code is permitted for all buildings and structures, and parts thereof, included in the scope of this code. Section 15.05.080 Amendment to Section R301.1.3.2 Section R301.1.3.2 is amended to read as follows: Section R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories or basement in height. Notwithstanding 19 S9 other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. 15.05.090 Amendment to Table R3O1.2(1) Table R3O1.2(1) is amended by completing the table to read as follows: Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Section 15.05.100 Amendment to Table R301.2(1) Footnote g. Table R3O1.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009; Community number: 060227; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, 404, 406 & 408; Suffix "J"; Initial NFIP; map date: March 15, 1974; and Initial FIRM date: September 1, 1978. Section 15.05.110 Deletion of Section R309.3 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain Management Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System. Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.140. Section 15.05.125 Amendment to Section R319.1 20 40 WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER UNDER- AIR MEAN Frost GROUND Speed To DESIGN line DESIGN LAYMENT FLOOD FREEZING ANNUAL SNOW a effects CATEGORY Weathering Depth Termite TEMP REQUIRED HAZARDS INDEX TEMP LOAD (mph) k f a e a h 9 j Zero 85 No DZ or E Negligible 12" to Very 43 No See 0 60 24" Heavy footnote g Section 15.05.100 Amendment to Table R301.2(1) Footnote g. Table R3O1.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009; Community number: 060227; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, 404, 406 & 408; Suffix "J"; Initial NFIP; map date: March 15, 1974; and Initial FIRM date: September 1, 1978. Section 15.05.110 Deletion of Section R309.3 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain Management Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System. Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.140. Section 15.05.125 Amendment to Section R319.1 20 40 Section R319.1 is amended as follows: Section R319.1 Address numbers. Buildings shall have approved address numbers, building number or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property and alley if adjacent to the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be minimum 4 inches (102 mm) high with a minimum stroke width of 'h inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from a public way, a monument, pole or other sign or means shall be used to identify the structure. Section 15.05.130 Deletion of Section R322 with the Replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section R322 is deleted in its entirety and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management Section 15.05.140 Deletion of Section R327 Materials and Construction Method of Exterior Wildlife Exposure. Section R327 is deleted in its entirety and replaced by California Building Code Chapter 7A as amended in Sections 15.04.070 through 15.04.120. Section 15.05.150 Addition of Section R329 Section R329 is added to read as follows: SECTION R329 - SOUND TRANSMISSION R329.1 General. Wall and floor -ceiling assemblies separating dwelling units including those separating adjacent townhouse units shall provide air -borne sound insulation for walls and both air -borne and impact sound insulation for floor -ceiling assemblies per section 1207 of the 2013 Edition, California Building Code, Title 24, Part 2. Section 15.05.160 Addition to Section R332 Section R332 is added to read as follows: SECTION R332 — SWIMMING POOLS, SPAS, AND HOT TUBS R332.1 General. Private swimming pools, hot tubs and spas, containing water more than 18 inches in depth shall be constructed in accordance with the provisions contained in the City of Newport Beach Municipal Code, Chapter 15.09, Swimming Pool Code, and Section 3109.4.4 of the California Building Code. 21 41 Section 15.05.170 Amendment to Section R401.1 Section R401.1 is amended to read as follows: Section R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2(1) shall meet the provisions of NBMC Chapter 15.50. Wood foundation shall be designed and installed in accordance with AF&PA PWF. Exception: The provisions of this chapter shall be permitted to be used for wood foundations in the following situations: 1. In buildings that have no more than two floors and a roof. 2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). Wood foundations in Seismic Design Category DZ or E shall not be permitted. 15.05.180 Amendment to Section R401.4 with the replacement of the City of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE. Section R401.4 is amended to read as follows: R401.4 Soils Test. The Chief Building Official shall determine whether to require a soil test to determine the soil's characteristics at a particular location. This test shall comply with the City of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE. Section 15.05.190 Amendment to Section R401.4.1 Section R401.4.1 is amended to read as follows: R401.4.1 Geotechnical evaluation. When a complete geotechnical evaluation is not required, as determined by the Chief Building Official, the load-bearing values in Table R401.4.1 shall be assumed. Section 15.05.200 Deletion of Exceptions to Section R403.1.3. Section R403.1.3 Exception is deleted in its entirety. Section 15.05.210 Deletion of Section R404 in its entirety. Section 15.05.220 Amendment to Section R405.1 22 42 Section R405.1 is amended by adding exception #2 to read as follows: Exception: 1. A drainage system is not required when the foundation is installed on well -drained ground or sand -gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1. 2. A foundation drainage system is not permitted for basement walls extending below high tide bay water elevation. Section 15.05.230 Deletion of Exception to Section R602.3.2 Section R602.3.2 Exception is deleted in its entirety: Section 15.05.240 Deletion of Section R602.10 in its entirety. Section 15.05.250 Deletion of Section R602.12 in its entirety. Section 15.05.260 Deletion of Section R902 Roof classification. Section R902 is deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.140 through 15.04.160. SECTION 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections Chapter 15.06 ELECTRICAL CODE 15.06.010 Adoption of the California Electric Code. 15.06.020 Amendment to Article 342.10 15.06.030 Amendment to Article 344.10 15.06.040 Amendment to Article 358.10 Section 15.06.010 Adoption of the California Electric Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Electrical Code based on the 2011 National Electrical Code, as published by the National Fire Protection Association. 23 4S The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2013 California Electrical Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.06.020 Amendment to Article 342.10 Article 342.10 is amended to read as follows: 342.10 Uses Permitted. (A) All Atmospheric Conditions and Occupancies. Use of IMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. Section 15.06.030 Amendment to Article 344.10 Article 344.10 is amended to read as follows: 344.10Uses Permitted. (A) Atmospheric Conditions and Occupancies. (1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless steel RMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. (2) Red Brass RMC. Red brass RMC shall be permitted to be installed for swimming pool applications. (3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where judged suitable for the environment. Rigid aluminum conduit encased in concrete shall be provided with approved supplementary corrosion protection. (B) Corrosive Environments. (1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows, Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC elbows, couplings, and fittings shall be permitted to be installed in concrete, or in areas subject to severe corrosive influences where protected by corrosion protection and judged suitable for the condition. (2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be provided with approved supplementary corrosion protection where encased in concrete. Section 15.06.040 Amendment to Article 358.10 Article 358.10 is amended to read as follows: 358.10 Uses Permitted. 24 44 (A) Exposed and Concealed. The use of EMT shall be permitted for concealed work. (B)Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings, and fittings shall be permitted to be installed in concrete, where protected by corrosion protection and approved as suitable for the condition. SECTION 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.07 MECHANICAL CODE Section 15.07.010 Adoption of California Mechanical Code Section 15.07.020 Addition of Section 103.2 Section 15.07.010 Adoption of California Mechanical Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Mechanical Code, based on the 2012 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 2013 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.07.020 Addition of Section 103.2 Section 103.2 is added to read as follows Section 103.2 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 25 45 structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division. SECTION 7. Chapter 15.08 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.08 PLUMBING CODE 15.08.010 Adoption of California Plumbing Code. 15.08.020 Addition of Section 102.6 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 2013 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2012 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 2013 California Plumbing Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. �-i-74iCTiTi C R • � • &T TdtCrX 11YX Section 102.6 is added to read as follows Section 102.6 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 8. Chapter 15.09 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: 26 40 Sections: Chapter 15.09 SWIMMING POOL CODE 15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code 15.09.020 Amendment to Section 102.3 15.09.030 Deletion of Section 102.7 15.09.040 Deletion of Sections 104.4 through 107.2 15.09.050 Addition of Section 301.3 15.09.060 Deletion of Sections 310.1 through 310.4 15.09.070 Amendment to Section 509.3 Section 15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code The City Council adopts and incorporates by reference, as though set forth in full in this chapter, the 2012 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code and all national codes and standards referenced therein, as published by the International Association of Plumbing and Mechanical Officials. The various parts of this code, along with the additions, amendments, and deletions adopted in this chapter, shall constitute and be known as the Newport Beach Swimming Pool Code. A copy of the 2012 Uniform Swimming Pool, Spa and Hot Tub Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.09.020 Amendment to Section 102.3 Section 102.3 is amended by the addition of a second paragraph to read as follows: Section 102.3 Maintenance. All swimming pool and spa water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition. The floor of the pools shall be clearly visible. Section 15.09.030 Deletion of Section 102.7 Section 102.7 is deleted in its entirety. Section 15.09.040 Deletion of Sections 104.4 through 107.2 with the Replacement of the City of Newport Beach Municipal Code, Chapter 15.02, Administrative Code. Sections 104.4 through 107.2 are deleted in their entirety and replaced to read as follows: 27 47 Section 104.4 Administration. The administration of this code shall be in accordance with the provisions contained in the City of Newport Beach Municipal Code, Chapter 15.02. Section 15.09.050 Addition of Section 301.3 Section 301.5 is added to read as follows: Section 301.3 Enclosures. Enclosures shall be in accordance with the provisions contained in the California Building Code, Section 3109 Swimming Pool Enclosures and Safety Devices as adopted in the Newport Beach Municipal Code and amended by Chapter 15.04, Building Code. Enclosures shall not be enforced on a retroactive basis. Existing, permitted barriers required at the time of pool construction shall be maintained; unless the existing enclosure is proposed to be altered, replaced or new with new or reconstructed materials. Existing one- and two-family dwellings or townhouses with additions or alterations to exterior walls used as part of a pool enclosure shall be required to comply with Section 3109. Section 15.09.060 Deletion of Sections 310.1 through 310.4 with the Replacement of the City of Newport Beach Municipal Code, Chapter 15.10, Excavation and Grading Code. Section 15.09.070 Amendment to Section 509.3 Section 509.3 is amended by the addition of a third paragraph to read as follows: Section 509.3 Waste water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009. SECTION 9. Chapter 15.10 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.10 EXCAVATION AND GRADING CODE Section 15.10.030 Amendment to Section 15.10.030 Exempt Work Section 15.10.040 Amendment to Section 15.10.040 Hazard Abatement 28 WrA Section 15.10.050 Amendment to Section 15.10.050 Definitions Section 15.10.125 Amendment to Section 15.10.125 Protection of Adjoining Property 15.10.020 Administration This chapter sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork construction including fills and embankments, and the use of earth materials as a structural component; and provides for the approval of plans and inspection of grading construction and drainage control. The provisions of this chapter are intended to permit work that complies with the Municipal Separate Storm Sewer System Permit "MS4 Permit' issued by the California Regional Water Quality Control Board, Santa Ana Region, on January 18, 2002 under the National Pollutant Discharge Elimination System (NPDES). The provisions of this chapter and the permit are intended to prevent pollutants, including toxic materials, debris, silt, and other contaminants from entering Newport Bay and the Pacific Ocean. Section 15.10.030 Amendment to Section 15.10.030 Section 15.10.030 is amended to read as follows: Section 15.10.030 Exempt Work A. No person shall do any grading without first having obtained a grading permit from the Chief Building Official except for the following: 1. An excavation below finish grade for footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private; 2. Cemetery graves; 3. Refuse disposal sites covered by other regulations; 4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any fill made from such excavations on private property unless preemptive regulations have been established by law; 5. Mining and quarrying together with necessary stockpiling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical 29 support, or significantly increase the stresses in or pressure upon any adjacent or continuous property; 6. Exploratory excavations under the direction of soils engineers or engineering geologists provided all excavations are properly backfilled. 7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than four feet in height and steeper than two horizontal to one vertical; and (c) is less than fifty (50) cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by these regulations; 8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which: a. Is placed on natural undisturbed terrain with a slope flatter than five horizontal to one vertical, or b. Less than three feet in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition. B. Exceptions listed above shall not be interpreted as exempting future construction on a site from code compliance due to an exempted nonconforming condition nor shall any exception be construed as exempting an adverse condition from being corrected in accordance with the procedures, nor shall it be construed as exempting any requirement for grading as a flood plain management requirement. C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by the Chief Building Official, or when performed as part of maintenance work. D. Whenever the Chief Building Official determines that (a) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (b) existing drainage conditions have resulted or may result in adverse erosion conditions, he/she may require a drainage permit to be obtained and corrective work accomplished Section 15.10.040 Amendment to Section 15.10.040 Section 15.10.040 is amended to read as follows: 15.10.040 Hazard Abatement 30 50 A. Whenever the Chief Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he/she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the International Property Maintenance Code, as adopted by the City of Newport Beach. B. The Chief Building Official shall require the permittee or contractor, before excavating any trench five (5) feet or more in depth; to submit a detailed plan to the Chief Building Official showing the design of shoring, bracing, sloping or other provisions, (i.e. security fencing, etc.) to be made for worker's protection and public safety from the hazard of caving ground. Section 15.10.050 Amendment to Section 15.10.050 Section 15.10.050 is amended to read as follows: Section 15.10.050 Definitions For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. "Approval" means a written, civil engineering or geological opinion concerning the satisfactory progress and completion of the work. "As -graded" means the topographic surface at completion of grading. "Bedrock" is in place of solid rock. "Bench" means a relatively level step excavated into earth material on which fill is to be placed. "Borrow" means earth material acquired from off-site location for use in grading on a site. "Chief Building Official" is the officer or other designated authority charged with the enforcement of the Building Codes. 31 51 "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certification of registration, issued by the State of California. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works or the beneficial uses of mankind. "Clearing, brushing and grubbing" means the removal of vegetation (grass, brush, trees and similar plant types or root systems) by mechanical means. "Compaction" means the densification of a fill by mechanical means. "Drainage Plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Chief Building Official. "Earth Material" is any rock, natural soil, fill, or any substance that makes up or originates from the Earth and/or any combination thereof. "Engineering geologist" means a professional geologist registered in the State of California as a geologist and certified by the State of California as a geologist and certified by the State of California to practice engineering geology in the field of civil works. "Erosion" is the process by which rock and soil are removed from the Earth's surface by natural processes such as wind or water flow, and then transported and deposited in other locations. "Erosion Control Devices" (Permanent) are devices Best Management Practices (BMPs) to be constructed in residential, industrial, commercial sites and agricultural lands to reduce the discharge of pollutants in runoff. BMPs are often implemented to comply with NPDES permit requirements, as a part of storm water runoff management programs required by the State of California and the County of Orange in conjunction with the Water Quality Management Plan (WQMP) following the Orange County Technical Guidance Document (TGD). "Erosion Control Devices" (Temporary) devices which are designated to minimize erosion and sediment from storm water and non -storm water runoff from construction sites, natural areas, agricultural lands or urban environment. They are often implemented in conjunction with an Erosion and Sediment Control Plan (ESCP) . "Excavation" means the mechanical or physical removal of earth material. "Fill" means a deposit of earth material placed by artificial means. 32 152 "Finish grade" means the final grade of the site which conforms to the approved plan. "Grade" means the vertical location of the ground surface. "Grading" means to bring an existing surface to a designed form by cutting, filling and/or smoothing operations. "Grading contractor" means a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. "Key" means designed and compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Landslide" means the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. "Massive landslide" means a landslide too large to be stabilized by retaining methods or normal control methods. "Permit" means any permit issued pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. "Permittee" means the owner or his authorized agent to whom a grading permit is issued. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. "Sediment" means the material derived by erosion carried by an agent of erosion. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring surficial deposits overlying bedrock. "Soil engineer/ Geotechnical engineer" means a civil engineer with training and experience in soil mechanics who specializes in the practice of soils and foundation engineering. A Soil Engineer may use the title Geotechnical Engineer 33 5-s (GE) if he/she has passed the GE examination. For the purposes of this Code the terms Soil Engineer and Geotechnical Engineer are interchangeable. "Soil engineering" means the application of the principles of soil mechanics in the investigation, testing, evaluation and design of civil works involving the use of earth materials and the evaluation, inspection and testing of the construction thereof. "Terrace" means a relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes. "Tract" means a subdivision of land containing five or more lots Section 15.10.125 Adds to Section 15.10.125 Section 15.10.125 is added to read as follows: 15.10.125 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. Section 832 of the California Civil. California Civil Code Section 832 Lateral and subjacent support: excavations; degree of care; damages; protection of structures. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions: 1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, stating the depth to which such excavation is intended to be made, and when the excavating will begin. 2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law. 34 54 3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adjoining building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to enter on the land on which the excavation is to be or is being made. 4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper than the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adjoining land, protect the said adjoining land and any such building or other structure thereon without cost to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures. SECTION 10. Chapter 15.11 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.11 GREEN BUILDING STANDARDS CODE 15.11.010 Adoption of Voluntary Measures 15.11.020 Amendment to Section 301. 1.1 15.11.030 Amendment to Section A4.506.1 Section 15.11.010 Adoption of Voluntary Measures. The City Council adopts and incorporates the following sections from Appendix A4 and A5 as mandatory requirements: 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). Section 15.11.020 Amendments to Section 301.1.1 Section 301.1.1 is amended to read as follows 35 155 Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. Note: On and after January 1, 2014, residential buildings undergoing permitted alterations, additions or improvements shall replace noncompliant plumbing fixtures with water -conserving plumbing fixtures meeting the requirements of 4.303. Plumbing fixture replacement is required prior to issuance of a certificate of occupancy or final inspection by the Chief Building Official or designee. Section 15.11.030 Amendments to Section A4.506.1 Section A4.506.1 is amended to read as follows Section A4.506.1 Filters. Filters with a higher value than MERV 13 7 are installed on central air or ventilation systems. Pressure drop across the filter shall not exceed 0.1 inch water column. SECTION 11. Chapter 15.13 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.13 HISTORICAL BUILDING CODE 15.13.010 Adoption of the California Historical Building Code. Section 15.13.010 Adoption of the California Historical Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Historical Building Code and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 2013 California Historical Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 12. Chapter 15.14 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: 36 50 Section: Chapter 15.14 EXISTING BUILDING CODE 15.14.010 Adoption of the California Existing Building Code Section 15.14.010 Adoption of the California Existing Building Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Existing Building Code and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2013 California Existing Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 13. Chapter 15.17 is added to the Newport Beach Municipal Code to read as follows: Section: Chapter 15.17 ENERGY CODE 15.17.010 Adoption of the California Energy Code Section 15.17.010 Adoption of the California Energy Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Energy Code and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2013 California Energy Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 14. Chapter 15.50 of the Newport Beach Municipal Code is deleted in its entirety, amended and renamed as follows: Chapter 15.50 FLOODPLAIN MANAGEMENT 37 57 Sections: 1&1 10ml.I1L'1iTa'ii u1" L.TllaMO X.' INI.11] Section 15.50.180 Amendments to Section 15.50.180 Section 15.50.180 is amended to read as follows Section 15.50.180 Appeals and Variance Procedure A. The Building and Fire Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator or his designated representative, in the enforcement or administration of this chapter. B. The Building and Fire Board of Appeals shall review and decide requests for variances. In ruling on such applications, the Building and Fire Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges. 38 WrA C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in subsection (B) of this section have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. D. Upon consideration of the factors of subsection (B) of this section and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. Those aggrieved by the decision of the Building and Fire Board of Appeals, may appeal such decision to the City Council as provided in Title 20 of the Newport Beach Municipal Code. F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance and Mitigation Administration in the biennial report. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 18. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(C)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. 39 159 SECTION 19. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published pursuant to City Charter Section 414. [CONTINUED ON NEXT PAGE] 40 OR This ordinance was introduced at a regular meeting of the City Council of the Cit of Newport Beach held on the 12th day of November, 2013, and was adopted on the 26t day of November, 2013, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMB ALI ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY AT KEY'S OFFICE Aaron C. Harp, City Attorney KEITH D. CURRY 41 01 02 City Council Attachment 3 Draft Ordinance — Redlined Version 03 04 CITY OF NEWPORT BEACH BUILDING DEPARTMENT ORDINANCE NO. 2013 - TABLE OF CONTENTS TITLE 15 SECTION 1 Amendments to Chapter 15.02 Administrative Code SECTION 2 Amendment to Chapter 15.03 International Property Maintenance Code SECTION 3 Amendments to Chapter 15.04 Building Code SECTION 4 Amendments to Chapter 15.05 Residential Code SECTION 5 Amendment to Chapter 15.06 Electrical Code SECTION 6 Amendment to Chapter 15.07 Mechanical Code SECTION 7 Amendment to Chapter 15.08 Plumbing Code SECTION 8 Adoption of Chapter 15.09 Swimming Pool Code SECTION 9 Amendment of Chapter 15.10 Excavation and Grading Code SECTION 10 Amendments to Chapter 15.11 Green Building Standards Code SECTION 11 Adoption of Chapter 15.13 Historical Building Code SECTION 12 Adoption of Chapter 15.14 Existing Building Code SECTION 13 Adoption of Chapter 15.17 Energy Code SECTION 14 Amendment to Chapter 15.50 Floodplain Management Paae 2 6 7 18 23 25 26 27 29 35 36 37 37 38 1 05 SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.02 ADMINISTRATIVE CODE 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15.02.030 Amendment to Section 101.4.1. 15.02.040 Amendment to Section 101.4.2. 15.02.050 Amendment to Section 101.4.3. 15.02.060 Amendment to Section 101.4.4. 15.02.070 Amendment to Section 101.4.5. 15.02.080 Amendment to Section 101.4.6 15.02.090 Amendment to Section 102.6. 15.02.100 Added to Section 102.7. 15.02.110 Amendment to Section 103.1 15.02.120 Amendment to Section 105.2 15.02.130 Amendment to Section 105.3.2 15.02.140 Amendment to Section 105.5 15.02.150 Amendment to Section 109.4 Section 15.02.010 Adoption of the Administrative Code. 15.02.010 Adoption of Section 15.02.010 The City Council adopts and incorporates by reference, as though set forth in full in this section Chapter 1 Division II of the 2013 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 2013 California Building Code printed in code book form shall be kept on file in the office of the City Clerk. Section 15.02.020 Amendment to Section 101.1 Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." Section 15.02.030 Amendment to Section 101.4.1 Section 101.4.1 is amended to read as follows: z Section 101.4.1 Gas. The provisions of the California MeAhaniral Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. Section 15.02.040 Amendment to Section 101.4.2 Section 101.4.2 is amended to read as follows: Section 101.4.2 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Section 15.02.050 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 15.02.060 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 G-AWOFRi2 Newport Beach Property Maintenance Code shall apply to existing residential 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 15.02.070 Amendment to Section 101.4.5 Section 101.4.5 is amended to read as follows: Section 101.4.5 Fire prevention. The provisions of the California Fire Code as amended by the City of Newport Beach shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 3 Section 15.02.080 Amendment to Section 101.4.6 Section 101.4.6 is amended to read as follows: Section 101.4.6 Energy. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. (,'i tFTiTil��Y��kI�1t1'iT7iLuI"i�i5 Mo MMiRTiTi IOXI 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 is specifically covered in this code, the California Building Code, the California Residential Code, the California Property Maintenance Code, or the California Fire Code, or as is deemed necessary by the Chief Building Official for the general safety and welfare of the occupants and the public. 6-MMTiN&XIM11111tC'IN, McFM- 10 t"0 1iTiIIMA 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 $200,000; 2. The Chief Building Official is authorized to accept less than the requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained. Section 15.02.110 Amendment to Section 103.1 Section 103.1 is amended to read as follows: Section 103.1 Creation of enforcement agency. The Safety Building Division is hereby created and the official in charge thereof shall be known as the Chief Building Official. Section 15.02.120 Amendment to Section 105.2 .: Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 2: Fenees not ^„p-. "--' i^ rhi^". Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade. Section 15.02.130 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 eae ewe extensions of time for additional periods not exceeding 99-180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 15.02.140 Amendment to Section 105.5 Section 105.5 is amended to read as follows: Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the %vork is t;AmFReRGAd date of the last recorded inspection. Before such work can be recommenced, a new permit shall be first obtained to do so, and the permittee shall pay a new permit fee except for permits for suspended or abandoned work where inspections were Previously recorded the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original approved plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Permits shall not be renewed more than once. The Chief Building Official is authorized to grant, in writing, one or more extensions of time, for a periods not more than 180 days each provided work has not commenced. The extension shall be requested in writing and justifiable cause demonstrated. Section 15.02.150 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 a fee fees. an investigation fee in addition to the required permit fees. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Chapter 15.03 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 15.03.010 Adoption of the International Property Maintenance Code 15.03.020 Deletion of Chapter 1, except Sections 101, 102 and 108.1 through 108.1.5 15.03.030 Amendment to Section 101.1 15.03.040 Amendment to Section 101.2 15.03.050 Amendment to Section 102.3 15.03.060 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 2012 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 2012 International Property Maintenance Code shall be kept on file in the office of the City Clerk. Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1 through 108.1.5 Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 105, and 108.1 through 108.1.5. Section 15.03.030 Amendment to Section 101.1 Section 101.1 is amended to read as follows: 0 jO 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 101.2 Section 101.2 is amended to read as follows: Section 101.2 Scope. The provisions of this code shall apply to all existing residential ^^L' ^^^•^1s'd^^}'^' structures and all existing premises ^eta structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Section 15.03.050 Amendment to Section 102.3. Section 102.3 is amended to read as follows: Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable adopted codes. 'RteMatciRal Building Gede, InteMational Fuel Gas Code, InteMational MeehaniGal Cede and nir�o- Nothing in this code shall be construed to cancel, modify or set aside any provisions of the'RteMa"^^^"GRiRg Gode Newport Beach Zoning Code. Section 15.03.060 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 containing water more than 24 18 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 49 60 inches (42- mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self -latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: 71 Sections: Chapter 15.04 BUILDING CODE 15.04.010 Adoption of the California Building Code 15.04.020 Deletion of Section 104.10.1 15.04.030 Amendment to Section 105.2 15.04.040 Amendment to Section 403.4.9.1 15.04.050 Amendment to Section 701 A.1 15.04.060 Amendment to Section 701A.3 15.04.070 Amendment to Section 701A.3.1 15.04.080 Amendment to Section 702A 15.04.090 Amendment to Section 708A 15.04.100 Amendment to Section 710A 15.04.110 Amendment to Section 903.2 15.04.120 Amendment to Section 903.2.8 15.04.130 Amendment to Section 907.5.2.2 15.04.140 Amendment to Section 1505.1 15.04.150 Amendment to Table 1505.1 15.04.160 Amendment to Section 1505.1.3 15.04.170 Amendment to Section 1704.2.1 15.04.180 Amendment to Section 1905.1.8 15.04.190 Deletion of Sections 2308.9.3 and 2308.9.3.1 15.04.200 Deletion of Section 2308.12.4 and 12.14.1 15.04.210 Amendment to Section 3109.4.4.2 15.04.220 Addition of Section 3401.3.1 Section 15.04.010 Adoption of the 2013 California Building Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 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 2010 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 2013 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.04.020 Deletion of Section 104.10.1 Section 104.10.1 is deleted in its entirety. Section 15.04.030 Amendment to Section 105.2 9 72 Section 105.2 is amended to read as follows: Section 105.2 Work exempt from permit. Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height above lowest adiacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade. Section 15.04.040 Amendment to Section 403.4.9.1 Section 403.4.9.1 is amended to read as follows: Section 403.4.9.1 Emergency power loads. The following are classified as emergency power loads: 5. Fire alarm systems; aa4 6. Electrically powered fire pumps -Land 7. Ventilation and automatic fire detection equipment for smokeproof enclosures. Section 15.04.050 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 aew 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 15.04.060 Amendment to Section 701A.3 Section 701A.3 is amended to read as follows : Section 701A.3 Application. New buildings, alterations and additions located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. Exceptions: 1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building. 2. Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building. �s 3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C - Group U Agricultural Buildings), when located at least 50 feet from an applicable building. Section 15.04.070 Amendment to Section 701A.3.1 Section 701A.3.1 is amended by deleting Exception #2 in its entirety: Section 701A.3.1 Application date and where required. ._ •.r . , ._. Section 15.04.080 Amendment to Section 702A Section 702A is amended with one addition to read as follows: SECTION 702A DEFINITIONS UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one enclosed side. [-f-T4tGTTi!•7KILKikI17-'ri T7iL 5I"LTM%>FYMRMM11:1_1 Section 708A is amended to read as follows: SECTION 708A EXTERIOR WINDOWS 4N DOORS AND SKYLIGHTS Section 708A.1 General. Section 708A.2 Exterior glazing. The following exterior glazing materials and/or assemblies shall comply with this section: 1. Exterior windows 2. Exterior glazed doors 3. Glazed openings within exterior doors 4. Glazed openings within exterior garage doors 5. Exterior structural glass veneer 6. Skylights 10 74 Section 708A.2.1 Exterior windowsi and exterior glazed door assembly and skylight assembly requirements. Exterior windows, and—exterior glazed door assemblies and skylight assemblies shall comply with one of the following requirements: �Z-MtG7lsPKIMM[iIlyt1'=-1 uI"i3'iTFMe llf-Mr-TiVA1171 Section 710A is amended to read as follows: SECTION 710A ACCESSORY STRUCTURES Section 710A.1 General. Accessory and miscellaneous structures, other than buildings covered by Section 701A.3, hazard to appliGable bu ddings dur44g �0dAres shall be constructed to conform to the ignition resistance requirements of this section. Section 710A.2 Applicability. The provisions of this section shall apply to trellises, arbors, patio covers, carports, gazebos and similar unenclosed covered structures of an accessory or miscellaneous character. Exceptions: 1. Decks shall comply with the requirements of Section 709A. 2. Awnings and canopies shall comply with the requirements of Section 3105. Section 710A.3 Where required. Accessory structures shall comply with the requirements of this section. 710A.3.1 Attached accessory structures shall comply with the requirements of this section. 710A.3.2 When FequiFed by the ent rein^ a ^'Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section. Section 710A.4 Requirements. aAccessory structures shall be constructed of noncombustible er ignition - resistant materials-, or heavy timber. Section 15.04.110 Amendment to Section 903.2 Section 903.2 is amended to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations: des^rte C PGtiA AS 902-2.1 +hreugh 903.2-47 "Building Area" as used in this section shall mean gross building area enclosed within exterior walls. 11 75 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. 2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when the total area of the addition and reconstruction is 50% or Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. Section 15.04.120 Amendment to Section 903.2.8 Section 903.2.8 is replaced in its entirety: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings. 2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds 50% of the area of the existing structure. b. An addition when the existing building is already provided with automatic fire sprinkler system. c. As determined for new construction per Section 102.7 The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved. Section 15.04.130 Amendment to Section 907.5.2.2 Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows: Section 907.5.2.2 Emergency voice/alarm communication systems. Emergency voice/alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and 12 70 evacuation plans required by Section 404. In high-rise buildings and Group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1 5. Dwelling units in apartment houses. 6. Hotel quest rooms or suites. Exception: In Group 1-2 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. Section 15.04.140 Amendment to Section 1505.1 Section 1505.1 is amended to read as follows: Section 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. Exceptions: 1. Skylights and sloped glazing that comply with Chapter 24 or Section 2610. 2. Membrane structures that comply with Chapter 31. Section 15.04.150 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 13 M Section 15.04.160 Amendment to Section 1505.1.3 Section 1505.1.3 is amended to read as follows: Section 1505.1.3 Roof coverings within all other areas. New construction shall have Class A roof covering. Exception: Class B wood roof covering may be used when: 1. It is a part of Class A roof assembly, and 2. Eaves are boxed 1 -Hr assembly, and 3. Fire sprinkler system is provided throughout including attic space. 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, +"^ ^n,� �„re ree and the entire roof covering of every existing structure ap)when roof covering applied in the addition, alteration, repair or replacement of the roof of ever„ existing ,# „„+,. ^ exceeds 50 percent of the existing roof area; shall be a fire -retardant roof covering or assembly that is at least Class SA. When 50 percent or less of the total roof area is added, altered or replaced within any one-year period, the roof covering applied in the addition, alteration, repair or replacement of the roof of every existing structure shall be a fire -retardant roof covering that is at least Class B. Section 15.04.170 Amendment to Section 1704.2.1 Section 1704.2.1 is amended to read as follows: �*-TMqUT-jMVk1MWA .. The special inspector shall be a qualified person approved by the Chief Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Chief Building Official in writing, noting all code violations and other information as required on forms prescribed or approved by the City of Newport Beach. 14 �Lg 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 and their personnel are permitted to act as the special inspector for the work designed by them, provided they qualify as special inspectors. Section 15.04.180 Amendment to Section 1905.1.8 Section 1905.1.8 is amended by deleting Exceptions 1 through 3 in its entirety: Section1905.1.8 ACI 318, Section 22.19 15 �/ 1. Wpwi 15 �/ Section 15.04.190 Deletion of Section 2308.9.3 and 2308.9.3.1 in its entirety Section 15.04.200 Deletion of Section 2308.12.4 and 2308.12.14.1 in its entirety Section 15.04.210 Amendment to Section 3109.4.4.2 Section 3109.4.4.2. is amended to read as follows: Section 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as provided in Section 3109.4.4.5, for the protection of the public, residents and their quests, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with a barrier complying with Section 3104.4.4.3 and at least one of the following seven six drowning prevention safety features: 1. The pool shall be isolated from the access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. 2. Thepoolshall -n�.�r•• n+.. able esh ..I fendng that FReets Amec-kaR SgGiety fnr Testing 2Rd MateFials (ACTIVI) SpeGifinn+ie Rs COOQR standardis on BeF�WRetieR with a gate that is self elesing and self latGhing and Gan 32. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346. 43. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. 54. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self -latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor. 65. Sonar swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms." vhi^h ^^' '^^ surra^^ nae+iG. , PFe66ar8SeRar, laser ^nom' infraFed type alaFm^ For purposes of this article, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. 7-6. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-43, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME), inclusive, as determined by the Chief Building Official. 16 :I Section 15.04.220 Addition of Section 3401.3.1 Section 3401.3.1. is added to read as follows: Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and changes of occupancy to existing structures may be designed to comply with the 2013 California Existing Building Code. SECTION 4. Chapter 15.05 of the Newport Beach Municipal Code is deleted in its entirety and amended by adopting the 2010 California Residential Code as follows: Sections Chapter 15.05 RESIDENTIAL CODE 15.05.010 Adoption of the California Residential Code 15.05.020 Amendment to Section R101.1 15.05.030 Amendment to Section R101.2 15.05.040 Deletion of Sections R102 through R114 15.05.050 Addition to Sections R115 15.05.060 Deletion of Section R301.1.1.1 15.05.070 Amendment to Section R301.1.3 15.05.080 Amendment to Section R301.1.3.2 15.05.090 Amendment to Table R301.2(1) 15.05.100 Amendment to Table R301.2(1) Footnote g. 15.05.110 Deletion of Section R309.3 15.05.120 Deletion of Section R313 15.05.125 Amendment to Section R319.1 15.05.130 Deletion of Section R322 15.05.140 Deletion of Section R327 15.05.150 Addition of Section R329 15.05.160 Addition to Section R330 15.05.170 Amendment to Section R401.1 15.05.180 Amendment to Section R401.4 15.05.190 Amendment to Section R401.4.1 15.05.200 Deletion of Exception to Section R403.1.3 15.05.210 Deletion of Section R404 in its entirety 15.05.220 Amendment to Section R405.1 15.05.230 Deletion of Exception to Section R602.3.2 15.05.240 Deletion of Section R602.10 in its entirety. 15.05.250 Deletion of Section R602.12 in its entirety 15.05.260 Deletion of Section R902 Section 15.05.010 Adoption of the California Residential Code 17 M The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Residential Code including Appendix H and all national codes and standards referenced therein, based on the 2012 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 2013 California Residential Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.05.020 Amendment to Section R101.1 Section R101.1 is amended to read as follows: Section R101.1 Title. These provisions shall be known as the Resid ,Rtial Code Newport Beach Residential Code, and shall be cited as such and will be referenced to herein as "this code." Section 15.05.030 Amendment to Section R101.2 Sections R101.2 is amended to read as follows: Section R101.2 Scope. The provisions of the GAW49FROP ROSId Atiai Gede r . this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures. Exceptions: 1. Live/work units complying with the requirements of section 419 of the California Building Code shall be permitted to be built as one -and two- family dwellings or townhouses. Fire suppression required by Section 419.5 of the California Building Code when constructed under the California Residential Code for One- and Two-family Dwellings shall conform to S^r3 Section 903.3.1.3 of the California Building Code. 2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the California Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Sectien R313 Section 903.3.1.3 of the California Building Code. 15.05.040 Deletion of Sections R102 through R114 from Chapter 1, Division II Sections R102 through R114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. is W 15.05.050 addition to Sections R115 Section R115 is added to read as follows: SECTION R115 — Existing Buildings For existing One- and Two-family dwellings Chapter 34 for Existing Buildings of the 2013 California Building Code shall be the applicable code. Section 15.05.060 Deletion of Section R301.1.1.1 in its entirety. Section 15.05.070 Amendment to Section R301.1.3 Section R301.1.3 is amended to read as follows: E^nyPnt0nn;;' framed s'yste��Engineered design in accordance with the California Building Code is permitted for all buildings and structures, and parts thereof, included in the scope of this code. Section 15.05.080 Amendment to Section R301.1.3.2 Section R301.1.3.2 is amended to read as follows: Section R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories;;nd or basement in height. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. 15.05.090 Amendment to Table R301.2(1) Table R301.2(1) is amended by completing the table to read as follows: Table R301.2(1) 19 2S Section 15.05.100 Amendment to Table R301.2(1) Footnote g. Table R3O1.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009; Community number: 060227; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, 404, 406 & 408; Suffix "J"; Initial NFIP; map date: March 15, 1974; and Initial FIRM date: September 1, 1978. Section 15.05.110 Deletion of Section R309.3 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Management Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System. Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.140. Section 15.05.125 Amendment to Section R319.1 Section R319.1 is amended as follows: Section R319.1 Address numbers. Buildings shall have approved address numbers, building number or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property and alley if adjacent to the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be minimum 4 inches (102 mm) high with a minimum stroke width of '/2 inch (12.7 mm). Where access is by means of a private road and the 20 R4 WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER UNDER- AIR MEAN Frost GROUND Speed Topography DESIGN line DESIGN LAYMENT FLOOD FREEZING ANNUAL SNOW ° effects CATEGORY Weathering Depth Termite TEMP REQUIRED HAZARDS INDEX TEMP LOAD (mph) k f a e e h 9 1 i Zero 85 No DZ or E Negligible 12" to Very 43 No See 0 60 24" Heavy footnote g Management Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System. Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.140. Section 15.05.125 Amendment to Section R319.1 Section R319.1 is amended as follows: Section R319.1 Address numbers. Buildings shall have approved address numbers, building number or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property and alley if adjacent to the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be minimum 4 inches (102 mm) high with a minimum stroke width of '/2 inch (12.7 mm). Where access is by means of a private road and the 20 R4 building address cannot be viewed from a public way, a monument, pole or other sign or means shall be used to identify the structure. Section 15.05.130 Deletion of Section R322 with the Replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section R322 is deleted in its entirety and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management Section 15.05.140 Deletion of Section R327 Materials and Construction Method of Exterior Wildlife Exposure. Section R327 is deleted in its entirety and replaced by California Building Code Chapter 7A as amended in Sections 15.04.070 through 15.04.120. Section 15.05.150 Addition of Section R329 Section R329 is added to read as follows: SECTION R329 - SOUND TRANSMISSION R329.1 General. Wall and floor -ceiling assemblies separating dwelling units including those separating adjacent townhouse units shall provide air -borne sound insulation for walls and both air -borne and impact sound insulation for floor -ceiling assemblies per section 1207 of the 2013 Edition, California Building Code, Title 24, Part 2. Section 15.05.160 Addition to Section R332 Section R332 is added to read as follows: SECTION R332 — SWIMMING POOLS, SPAS, AND HOT TUBS R332.1 General. Private swimming pools, hot tubs and spas, containing water more than 18 inches in depth shall be constructed in accordance with the provisions contained in the City of Newport Beach Municipal Code, Chapter 15.09, Swimming Pool Code, and Section 3109.4.4 of the California Building Code. Section 15.05.170 Amendment to Section R401.1 Section R401.1 is amended to read as follows: Section R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table R301.2(1) shall 21 25 meet the provisions of SPIG409A R322 NBMC Chapter 15.50. Wood foundation shall be designed and installed in accordance with AF&PA PWF. Exception: The provisions of this chapter shall be permitted to be used for wood foundations in the following situations: 1. In buildings that have no more than two floors and a roof. 2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). Wood foundations in Seismic Design Category 9g, D2 or E shall not be designed ; aGGGFdanGe with . . tedengineeFing-pFaetiGe permitted. 15.05.180 Amendment to Section R401.4 with the replacement of the City of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE. Section R401.4 is amended to read as follows: R401.4 Soils Test. ` heFe , Rtifiable data GFeated by a pted s„a G.haFaG#P-.Fi ties aFe likely to be pFeseRt, the The Chief Building Official shall determine whether to require a soil test to determine the soil's characteristics at a particular location. This test shall comply with the City of Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING CODE. Section 15.05.190 Amendment to Section R401.4.1 Section R401.4.1 is amended to read as follows: R401.4.1 Geotechnical evaluation. When ',R liew a complete geotechnical evaluation is not required, as determined by the Chief Building Official, the load- bearing values in Table R401.4.1 shall be assumed. Section 15.05.200 Deletion of Exceptions to Section R403.1.3. Section R403.1.3 Exception is deleted in its entirety. Section 15.05.210 Deletion of Section R404 in its entirety. 22 I'm Section 15.05.220 Amendment to Section R405.1 Section R405.1 is amended by adding exception #2 to read as follows: Exception: 1. A drainage system is not required when the foundation is installed on well -drained ground or sand -gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1. 2. A foundation drainage system is not permitted for basement walls extending below high tide bay water elevation. Section 15.05.230 Deletion of Exception to Section R602.3.2 Section R602.3.2 Exception is deleted in its entirety: Section 15.05.240 Deletion of Section R602.10 in its entirety. Section 15.05.250 Deletion of Section R602.12 in its entirety. Section 15.05.260 Deletion of Section R902 Roof classification. Section R902 is deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.140 through 15.04.160. SECTION 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections Chapter 15.06 ELECTRICAL CODE 15.06.010 Adoption of the California Electric Code. 15.06.020 Amendment to Article 342.10 15.06.030 Amendment to Article 344.10 15.06.040 Amendment to Article 358.10 23 27 Section 15.06.010 Adoption of the California Electric Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Electrical Code based on the 2011 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 2013 California Electrical Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.06.020 Amendment to Article 342.10 Article 342.10 is amended to read as follows: 342.10 Uses Permitted. (A) All Atmospheric Conditions and Occupancies. Use of IMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. Section 15.06.030 Amendment to Article 344.10 Article 344.10 is amended to read as follows: 344.10Uses Permitted. (A) Atmospheric Conditions and Occupancies. (1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless steel RMC shall be permitted under all atmospheric conditions and occupancies. Except in direct contact with earth. (2) Red Brass RMC. Red brass RMC shall be permitted to be installed for dirent hi-rm;;l and swimming pool applications. (3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where judged suitable for the environment. Rigid aluminum conduit encased in concrete er d FRPt AARt2t;t With the P@I#h shall be provided with approved supplementary corrosion protection. (B) Corrosive Environments. (1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows, Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC elbows, couplings, and fittings shall be permitted to be installed in concrete, i^ diPPAt AgRtRAt 24 rA with tgym or in areas subject to severe corrosive influences where protected by corrosion protection and judged suitable for the condition. (2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be provided with approved supplementary corrosion protection where encased in concrete ^r ;n ,hent rn.n.tant ,,+h the. Parch Section 15.06.040 Amendment to Article 358.10 Article 358.10 is amended to read as follows: 358.10 Uses Permitted. (A) Exposed and Concealed. The use of EMT shall be permitted for both exposed and concealed work. (B)Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings, and fittings shall be permitted to be installed in concrete, OR d"-^^} GARtRAt %Ymth the where protected by corrosion protection and approved as suitable for the condition. SECTION 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.07 MECHANICAL CODE Section 15.07.010 Adoption of California Mechanical Code Section 15.07.020 Addition of Section 103.2 Section 15.07.010 Adoption of California Mechanical Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Mechanical Code, based on the 2012 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 2013 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.07.020 Addition of Section 103.2 25 Section 103.2 is added to read as follows Section 103.2 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 7. Chapter 15.08 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.08 PLUMBING CODE 15.08.010 Adoption of California Plumbing Code. 15.08.020 Addition of Section 102.6 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 2013 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2012 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 2013 California Plumbing Code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.08.020 Addition of Section 102.6 Section 102.6 is added to read as follows Section 102.6 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 26 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 8. Chapter 15.09 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.09 SWIMMING POOL CODE 15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code 15.09.020 Amendment to Section 102.3 15.09.030 Deletion of Section 102.7 15.09.040 Deletion of Sections 104.4 through 107.2 15.09.050 Addition of Section 301.3 15.09.060 Deletion of Sections 310.1 through 310.4 15.09.070 Amendment to Section 509.3 Section 15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code The City Council adopts and incorporates by reference, as though set forth in full in this chapter, the 2012 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code and all national codes and standards referenced therein, as published by the International Association of Plumbing and Mechanical Officials. The various parts of this code, along with the additions, amendments, and deletions adopted in this chapter, shall constitute and be known as the Newport Beach Swimming Pool Code. A copy of the 2012 Uniform Swimming Pool, Spa and Hot Tub Code, printed in code book form, shall be kept on file in the office of the City Clerk. Section 15.09.020 Amendment to Section 102.3 Section 102.3 is amended by the addition of a second paragraph to read as follows: Section 102.3 Maintenance. All swimming pool and spa water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition. The floor of the pools shall be clearly visible. Section 15.09.030 Deletion of Section 102.7 Section 102.7 is deleted in its entirety. v 91 Section 15.09.040 Deletion of Sections 104.4 and 107.2 with the Replacement of the City of Newport Beach Municipal Code, Chapter 15.02, Administrative Code. Sections 104.4 and 107.2 are deleted in their entirety and replaced to read as follows: Section 104.4.3 Administration. The administration of this code shall be in accordance with the provisions contained in the City of Newport Beach Municipal Code, Chapter 15.02. Section 15.09.060 Addition of Section 301.5 Section 301.5 is added to read as follows: Section 301.3 Enclosures. Enclosures shall be in accordance with the provisions contained in the California Building Code, Section 3109 Swimming Pool Enclosures and Safety Devices as adopted in the Newport Beach Municipal Code and amended bV Chapter 15.04, Building Code. Enclosures shall not be enforced on a retroactive basis. Existing, permitted barriers required at the time of pool construction shall be maintained; unless the existing enclosure is proposed to be altered, replaced or new with new or reconstructed materials. Existing one- and two-family dwellings or townhouses with additions or alterations to exterior walls used as part of a pool enclosure shall be required to comply with Section 3109. Section 15.09.050 Deletion of Sections 310.1 through 310.4 with the Replacement of the City of Newport Beach Municipal Code, Chapter 15.10, Excavation and Grading Code. Section 15.09.070 Amendment to Section 509.3 Section 509.3 is amended by the addition of a third paragraph to read as follows: Section 509.3 Waste water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed bV the Federal EmergencV Management Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009. M 92 SECTION 9. Chapter 15.10 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.10 EXCAVATION AND GRADING CODE Section 15.10.030 Amendment to Section 15.10.030 Exempt Work Section 15.10.040 Amendment to Section 15.10.040 Hazard Abatement Section 15.10.050 Amendment to Section 15.10.050 Definitions Section 15.10.125 Amendment to Section 15.10.125 Protection of Adjoining Property 15.10.020 Administration This chapter sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork construction including fills and embankments, and the use of earth materials as a structural component; and provides for the approval of plans and inspection of grading construction and drainage control. The provisions of this chapter are intended to permit work that complies with the Municipal Separate Storm Sewer System Permit "MS4 Permit' issued by the California Regional Water Quality Control Board, Santa Ana Region, on January 18, 2002 under the National Pollutant Discharge Elimination System (NPDES). The provisions of this chapter and the permit are intended to prevent pollutants, including toxic materials, debris, silt, and other contaminants from entering Newport Bay and the Pacific Ocean. Section 15.10.030 Amendment to Section 15.10.030 Section 15.10.030 is amended to read as follows: Section 15.10.030 Exempt Work A. No person shall do any grading without first having obtained a grading permit from the Chief Building Official except for the following: 1. An excavation below finish grade for footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private; 29 9-2� 2. Cemetery graves; 3. Refuse disposal sites covered by other regulations; 4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any fill made from such excavations on private property unless preemptive regulations have been established by law; 5. Mining and quarrying together with necessary stockpiling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical support, or significantly increase the stresses in or pressure upon any adjacent or continuous property; 6. Exploratory excavations under the direction of soils engineers or engineering geologists provided all excavations are properly backfilled. 7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than €iue— four feet in height and steeper than two horizontal to one vertical; and (c) is less than fifty (50) cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by these regulations; 8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which: a. Is placed on natural undisturbed terrain with a slope flatter than five horizontal to one vertical, or b. Less than three feet in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition. B. Exceptions listed above shall not be interpreted as exempting future construction on a site from code compliance due to an exempted nonconforming condition nor shall any exception be construed as exempting an adverse condition from being corrected in accordance with the procedures, nor shall it be construed as exempting any requirement for grading as a flood plain management requirement. C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by the Chief Building Official, or when performed as part of maintenance work. D. Whenever the Chief Building Official determines that (a) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (b) existing drainage conditions have 30 9`f' resulted or may result in adverse erosion conditions, he/she may require a drainage permit to be obtained and corrective work accomplished Section 15.10.040 Amendment to Section 15.10.040 Section 15.10.040 is amended to read as follows: 15.10.040 Hazard Abatement A. Whenever the Chief Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he/she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the International Property Maintenance Code, as adopted by the City of Newport Beach. B. The Chief Building Official shall require the permittee or contractor, before excavating any trench five (5) feet or more in depth; to submit a detailed plan to the Chief Building Official showing the design of shoring, bracing, sloping or other provisions, (i.e. security fencing, etc.) to be made for worker's protection and public safetV from the hazard of caving ground. Section 15.10.050 Amendment to Section 15.10.050 Section 15.10.050 is amended to read as follows: Section 15.10.050 Definitions For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. "Approval" means a written, civil engineering or geological opinion concerning the satisfactory progress and completion of the work. "As -graded" means the topographic surface at completion of grading. "Bedrock" is in place of solid rock. 31 95 "Bench" means a relatively level step excavated into earth material on which fill is to be placed. "Borrow" means earth material acquired from off-site location for use in grading on a site. "Chief Building Official" is the officer or other designated authority charged with the enforcement of the Building Codes. "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certification of registration, issued by the State of California. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works or the beneficial uses of mankind. "Clearing, brushing and grubbing" means the removal of vegetation (grass, brush, trees and similar plant types or root systems) by mechanical means. "Compaction" means the densification of a fill by mechanical means "Drainage Plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Chief Building Official. "Earth Material" is any rock, natural soil, er fill, any substance that makes up or originates from the Earth and/or any combination thereof. "Engineering geologist" means a professional geologist registered in the State of California as a geologist and certified by the State of California as a geologist and certified by the State of California to practice engineering geology in the field of civil works. "Erosion" is the process by which rock and soil are removed from the Earth's surface by natural processes such as wind or water flow, and then transported and deposited in other locations. means the %vearing away ..f the Ad ,;rfRrp. as a result of them enf of ,.,incl water anther in "Erosion Control Devices" (Permanent) are devices Best Management Practices (BMPs) to be constructed in residential, industrial, commercial sites and agricultural lands to reduce the discharge of pollutants in runoff. BMPs are often implemented to comply with NPDES permit requirements, as a part of storm water runoff management programs required by the State of California and the County of Orange in conjunction with the Water Quality Management Plan (WQMP) following the Orange County Technical Guidance Document (TGD). 32 "Erosion Control Devices" (Temporary) devices which are designated to minimize erosion and sediment from storm water and non -storm water runoff from construction sites, natural areas, agricultural lands or urban environment. They are often implemented in coniunction with an Erosion and Sediment Control Plan E( SCP) . "Excavation" means the mechanical or physical removal of earth material. "Fill" means a deposit of earth material placed by artificial means. "Finish grade" means the final grade of the site which conforms to the approved plan. "Grade" means the vertical location of the ground surface. "Grading" means to bring an existing surface to a designed form by cutting, filling and/or smoothing operations. "Grading contractor" means a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. "Key" means designed and compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Landslide" means the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. "Massive landslide" means a landslide too large to be stabilized by retaining methods or normal control methods. `Permit' means any permit issued pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. "Permittee" means the owner or his authorized agent to whom a grading permit is issued. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. "Sediment" means the material derived by erosion carried by an agent of erosion. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. 33 97 "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring surficial deposits overlying bedrock. "Soil engineer/ Geotechnical engineer" means a civil engineer with training and experience in soil mechanics who specializes in the practice of soils and foundation engineering. A Soil Engineer may use the title Geotechnical Engineer (GE) if he/she has passed the GE examination. For the purposes of this Code the terms Soil Engineer and Geotechnical Engineer are interchangeable. "Soil engineering" means the application of the principles of soil mechanics in the investigation, testing, evaluation and design of civil works involving the use of earth materials and the evaluation, inspection and testing of the construction thereof. "Terrace" means a relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes. "Tract" means a subdivision of land containing five or more lots Section 15.10.125 Adds Section 15.10.125 Section 15.10.125 is added to read as follows: 15.10.125 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. Section 832 of the California Civil. California Civil Code Section 832 Lateral and subjacent support: excavations; degree of care; damages; protection of structures. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions: 1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, 34 statinq the depth to which such excavation is intended to be made, and when the excavating will begin. 2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adioininq land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law. 3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adioininq building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to enter on the land on which the excavation is to be or is being made. 4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper than the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adioininq land, protect the said adioininq land and any such building or other structure thereon without cost to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures. SECTION 10. Chapter 15.11 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.11 GREEN BUILDING STANDARDS CODE 15.11.010 Adoption of Voluntary Measures 15.11.020 Amendment to Section 301. 1.1 15.11.030 Amendment to Section A4.506.1 35 Section 15.11.010 Adoption of Voluntary Measures. The City Council adopts and incorporates the following sections from Appendix A4 and A5 as mandatory requirements: 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). Section 15.11.020 Amendments to Section 301.1.1 Section 301.1.1 is amended to read as follows Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. Note: On and after January 1, 2014, residential buildings undergoing permitted alterations, additions or improvements shall replace noncompliant plumbing fixtures with water -conserving plumbing fixtures meeting the requirements of 4.303. Plumbing fixture replacement is required prior to issuance of a eert+fisate of `iRal GOMPletiG, certificate of occupancy or final ^^•m : inspection by the Chief Building Official or designee. Section 15.11.030 Amendments to Section A4.506.1 Section A4.506.1 is amended to read as follows Section A4.506.1 Filters. Filters with a higher value than MERV 6 7 are installed on central air or ventilation systems. Pressure drop across the filter shall not exceed 0.1 inch water column. SECTION 11. Chapter 15.13 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.13 HISTORICAL BUILDING CODE 15.13.010 Adoption of the California Historical Building Code. Section 15.13.010 Adoption of the California Historical Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Historical Building Code and all national 36 100 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 2013 California Historical Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 12. Chapter 15.14 of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Section: Chapter 15.14 EXISTING BUILDING CODE 15.14.010 Adoption of the California Existing Building Code Section 15.14.010 Adoption of the California Existing Building Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Existing Building Code and all national codes and standards referenced therein to the prescribed extent of each such reference. The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2013 California Existing Building Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 13. Chapter 15.17 is added to the Newport Beach Municipal Code to read as follows: Section: Chapter 15.17 ENERGY CODE 15.17.010 Adoption of the California Energy Code Section 15.17.010 Adoption of the California Energy Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Energy Code and all national codes and standards referenced therein to the prescribed extent of each such reference. 37 101 The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copv of the 2013 California Energy Code, printed in code book form, shall be kept on file in the office of the City Clerk. SECTION 14. Chapter 15.50 of the Newport Beach Municipal Code is deleted in its entirety, amended and renamed as follows: Sections: Chapter 15.50 FLOODPLAIN MANAGEMENT 15.50.180 Amendment to 15.50.180 Section 15.50.180 Amendments to Section 15.50.180 Section 15.50.180 is amended to read as follows Section 15.50.180 Appeals and Variance Procedure A. The o'^^^'^^ Gemmission Building and Fire Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator or his designated representative, in the enforcement or administration of this chapter. B. The o'^^^'^^ GGFRFR',;,'^^ Building and Fire Board of Appeals shall review and decide requests for variances. In ruling on such applications, the oi.,... ORg Commission the Building and Fire Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage; 38 102 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges. C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in subsection (B) of this section have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. D. Upon consideration of the factors of subsection (B) of this section and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. Those aggrieved by the decision of the o'^^^'^^ GGMM066'^^ Building and Fire Board of Appeals, may appeal such decision to the City Council as provided in Title 20 of the Newport Beach Municipal Code. F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance and Mitigation Administration in the biennial report. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 39 Zos CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to California Government Code Section 50022.3 that on Tuesday, November 12, 2013, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following matter: Introduction of the 2013 California Building Codes Including Proposed Local Amendments Introduction of the 2013 California Building Code including proposed local amendments is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect physical change In the environment), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Copies of the primary code and copies of the secondary code, if any, being considered for adoption by the City Council are on file with the City Clerk and are open for public inspection. All interested parties may appear and present testimony in regard to this item. If you challenge this item in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. This item may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Community Development Department Permit Center (Bay D - 1st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Building Division or access the City's website after the meeting to review the City Council's action on this item. For questions regarding this public hearing item please contact the City's Chief Building Official/ Building Manager, Seimone Jurjis, PE, CBO, at (949) 644-3282 or siuriis(d-)newportbeachca.gov. PUBLICATION STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) I am a citizen of the United States and resident of the County of Los Angeles am over the age of eighteen years, ai not a party to or interested in the notii published. I am a principal clerk of tl NEWPORT BEACH/COSTA MEQ DAILY PILOT, which was adjudged newspaper of general circulation c September 29, 1961, case A6214, ai June 11, 1963, case A24831, for tl City of Costa Mesa, County of Orang and the State of California. Attached this Affidavit is a true and complete col as was printed and published on tl following date(s): Saturday, October 30, 2013 Monday, November 9, 2013 I certify (or declare) under penalty perjury that the foregoing is true ar correct. Executed on December 3, 2013 at Los Angeles, California &YMAK Signature r— ", rT- Mf. 1 1 1 -5 9. p( C' >, 3 cK C `, 071 _