HomeMy WebLinkAbout2011-9 - Building and Residential CodesRESOLUTION NO. 2011-9
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 AND THE CALIFORNIA RESIDENTIAL
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 2010
California Building Code based on the 2009 International Building Code of the
International Code Council, the 2010 California Residential Code based on the 2009
International Residential Code, the 2010 California Green Building Standards Code, the
2010 California Plumbing Code based on the 2009 Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the 2010 California
Mechanical Code based on the 2009 Uniform Mechanical Code of the International
Association of Plumbing and Mechanical Officials, and the 2010 California Electrical
Code based on the 2008 National Electrical Code of the National Fire Protection
Association (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 Building Official has recommended that changes and
modifications be made to the Codes and have advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in
the City of Newport Beach and have further advised that the remainder of said changes
and modifications are administrative or procedural in nature.
NOW THEREFORE, the City Council of the City Of Newport Beach does hereby
RESOLVE as follows:
SECTION 1. The following changes and modifications to the 2010 Editions of
the California Building Code and to the 2010 California Residential Code as
recommended by the Building Official are hereby found to be necessary due to local
climatic, geographic or topographic conditions:
1. Newport Beach Municipal Code Section 15.04.020 through 15.04.040,
California Building Code Section 403 and 403.1.1 redefine the height of the
top level in high -rise buildings from 75 ft. to 55 ft. and modify the
application of special provisions for these buildings.
Applicable findings: a, b, c (findings start at Section 2)
2. Newport Beach Municipal Code Sections 15.04.050 through 15.04.060,
California Building Code Sections 403.4.7.2 and 403.4.8.1 were amended to
require stair ventilation and smoke detection in a high -rise building to be
pan` of the emergency power load instead of part of standby power load.
Applicable findings: a, b, c
3. Newport Beach Municipal Code Sections 15.04.070 through 15.04.120,
California Building Code Chapter 7A (Materials and Construction Methods
for Exterior Wildfire Exposure) was amended 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 Sections 15.04.130, California Code
Section 903.2 was amended 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 15.04.140, California Building Code
Section 903.2.8 was amended consistent with California Residential Code
Section R313.2 to require fire sprinkler systems in all new one- and two -
family dwellings and amended to require fire sprinkler systems be installed
with the construction of a significant addition and reconstruction.
Applicable findings: d, e, f (also see item #11)
6. Newport Beach Municipal Code Sections 15.04.150, 15.04.160 and
15.04.170, California Building Code Sections 907.2.13, 907.5.2.2 and
907.6.3.2 were amended to require a fire alarm system in buildings with the
highest occupied floor more than 55 ft. above Fire Department vehicle
access.
Applicable findings: a, b, c
7. Newport Beach Municipal Code Section 15.04.180, California Building Code
Section 910.3.2.2 was amended to require automatic heat vents to operate
at a temperature which does not impede activation of the fire sprinkler
system.
Applicable findings: a, b, c
8. Newport Beach Municipal Code Sections 15.04.200 and 15.04.220 amended
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
covering as part of Class A roof assembly in other than high fire hazard
severity zone.
Applicable findings: d, e, f
9. Newport Beach Municipal Code Section 15.04.230, California Building Code
Section 3109.4.4.2 was amended to clarify that pool safety fencing is also
required for protection of the public.
Clarification of code requirements
10. Newport Beach Municipal Code Section 15.04.250, California Building Code
Section 3401.3.1 has been added to the California Building Code to allow
the use of the International Existing Building Code as an alternate standard
for additions, alterations and repairs of existing structures.
Applicable findings: g, h
11. Newport Beach Municipal Code Section 15.05.080, California Residential
Code. Section R313 was deleted and substituted by 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
12. Newport Beach Municipal Code Section 15.05.100, California Residential
Code Section R327 was deleted and substituted by California Building
Code Chapter 7A for construction requirements within high fire hazard
areas.
Similar requirement in the California Building Code
13. Newport Beach Municipal Code Section 15.05.120 added Section R330 to
the California Residential Code and referenced California Building Code
Section 3109.4 for pool safety requirements.
Reference to California Building Code
14. Newport Beach Municipal Code Section 15.05.130 California Residential
Code Section R401.1 was amended to reference Newport Beach Municipal
Code Chapter 15.50 for construction requirements within flood hazard
areas and not allow wood foundations in seismic design categories D2 or
E.
Applicable findings: 1, j
15. Newport Beach Municipal Code Section 15.05.150, Section R401.4 was
amended to reference Newport Beach Municipal Code Chapter 15.10 for
excavation and grading requirements.
Reference the Municipal Code
16. Newport Beach Municipal Code Section 15.05.160, California Residential
Code Section R401.4.1 was amended to give the Building Official discretion
over requiring a soils report.
Applicable findings: h, i
17. Newport Beach Municipal Code Section 15.05.170, California Residential
Code Section R403.1.3 exception was deleted which allows unreinforced
concrete footings.
Applicable findings: h, i
18. Newport Beach Municipal Code Section 15.05.180, California Residential
Code Section R405.1 exception 2 was added to not allow foundation
dewatering for basement walls extending below high tide bay water
elevation.
Applicable findings: i
19. Newport Beach Municipal Code Section 15.05.190, California Residential
Code Section R602.3.2 exception was deleted which allows a single top
plate on a stud wall.
Applicable findings: h
20. Newport Beach Municipal Code Section 15.05.200, California Residential
Code Section R902 was deleted and substituted with California Building
Code Section 1505.
Applicable findings: d, e, f (also see item #8)
21. Newport Beach Municipal Code Sections 15.11.010 and 15.11.020. The
following California Green Building Standards Code residential and
nonresidential voluntary measures have been adopted as mandatory
measures: A4.210.1; A4.303.10 Tier 1 and Tier 2; A4.506.1; A5.106.2;
A5.106.2.1; A5.106.2.2; A5.204.1; 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
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
75 ft. vertically 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. Providing high -rise building
safety requirements for buildings with floors higher than 55 feet above fire truck
access provides improved occupant safety.
b. The City of Newport Beach is located in a seismically active area. The public
water system would 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 to floors
above the 55 ft. level. 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. There is
also a need to provide increased protection for occupants on upper floors with
the probability of strong aftershocks.
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 ventud 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.
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
International 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.
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 (Section 17958.7 H & S Code).
SECTION 4: 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 once in the official
newspaper within fifteen (15) days after its adoption.
SECTION 5: This resolution was adopted at a rpgular meeting of the City Council
of the City of Newport Beach held on the 11th day of J uary, 201
MAYOR
ATTEST:
d � Lo��
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -9 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 111h day of
January, 2011 , and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Curry, Selich, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 1201 day of January, 2011.
City Clerk
Newport Beach, California
(Seal)