HomeMy WebLinkAbout2019-17 - Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2019 California Building Code Designated as the Newport Beach Administrative Code, 2019 California Historical CCITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2019-17
TABLE OF CONTENTS
TITLE 15
Page
SECTION 1 Amendments to Chapter 15.02 Administrative Code 4
SECTION 2
Amendments to Chapter 15.03 International Property Maintenance
Code
12
SECTION 3
Amendments to Chapter 15.04 Building Code
14
SECTION 4
Amendments to Chapter 15.05 Residential Code
21
SECTION 5
Amendments to Chapter 15.06 Electrical Code
30
SECTION 6
Amendments to Chapter 15.07 Mechanical Code
32
SECTION 7
Amendments to Chapter 15.08 Plumbing Code
33
SECTION 8
Amendment to Chapter 15.09 Swimming Pool and Spa Code
35
SECTION 9
Amendment to Chapter 15.10.05 Excavation and Grading Code
(Definitions)
47
SECTION 10
Amendments to Chapter 15.10.060 Excavation and Grading Code
(Grading Permit Requirements)
47
SECTION 11
Adoption of Chapter 15.10.120 Excavation and Grading Code
(Drainage & Terracing)
48
SECTION 12
Adoption of Chapter 15.11 Green Building Standards
50
SECTION 13
Adoption of Chapter 15.13 Historic Building Code
51
SECTION 14
Adoption of Chapter 15.14 California Existing Building Code
51
SECTION 15
Adoption of Chapter 15.17 California Energy Code
52
Ordinance No. 2019-17
Page 2 of 54
ORDINANCE NO. 2019-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 15
(BUILDING AND CONSTRUCTION) OF THE NEWPORT
BEACH MUNICIPAL CODE TO ADOPT AMENDMENTS TO
CHAPTER 1 DIVISION II OF THE 2019 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE, 2019 CALIFORNIA
HISTORICAL CODE, 2019 CALIFORNIA EXISTING
BUILDING CODE, 2019 CALIFORNIA GREEN BUILDING
STANDARDS CODE, AND 2019 CALIFORNIA ENERGY
CODE, 2018 INTERNATIONAL PROPERTY MAINTENANCE
CODE WITH LOCAL AMENDMENTS, 2019 EDITION OF
THE CALIFORNIA BUILDING CODE, 2019 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE, 2019 CALIFORNIA
ELECTRICAL CODE, 2019 CALIFORNIA MECHANICAL
CODE, 2019 CALIFORNIA PLUMBING CODE, 2018
INTERNATIONAL SWIMMING POOL AND SPA CODE WITH
LOCAL AMENDMENTS AND AMENDING CHAPTER 15.10
(EXCAVATION AND GRADING)
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") approved the new model
codes related to design and construction for the protection of life and property. The BSC
advised local jurisdictions that the State of California ("State") will adopt the 2019 Edition
of the California Building Standards Code ("CBC");
WHEREAS, the 2019 CBC is based on the 2018 International Building Code. The
CBC, published by the BSC in Title 24 of the California Code of Regulations Part 1, Part
2 Volume I & II, Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, and Part 11, must
be in effect on January 1, 2020. In order to include the City of Newport Beach's ("City")
local amendments and enhance life safety and property protection, the City must
complete its adoption process thirty (30) days prior to January 1, 2020. The adoption of
the CBC into the Newport Beach Municipal Code ("NBMC") provides for an orderly
administration of building codes by City's Building and Fire officials;
Ordinance No. 2019-17
Page 3 of 54
WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate
differences caused by local topographical, geographical, and climatic conditions. In
accordance with California Health and Safety Code Section 17958.7, any modifications
made via local ordinance must be filed, along with the findings thereto, with the BSC.
These local changes will be incorporated into Title 15 (Building and Construction) ("Title
15") of the NBMC;
WHEREAS, to aid in efficiency and clarify, amendments to portions of the CBC to
be incorporated into Title 15 are proposed to account for local topographical, geographical
and climatic conditions as supported by findings set forth in Resolution No. 2019-_
When approved, the ordinance and accompanying resolution will be forwarded to the
BSC in compliance with the above -referenced code sections;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute and be
known as the Newport Beach Administrative Code;
WHEREAS, all prior references to the former Newport Beach Administrative Code
shall be construed to apply to the corresponding provisions of the Newport Beach
Administrative Code contained herein;
WHEREAS, the 2019 CBC is similar to the 2016 version and the attached
ordinance contains similar provisions as adopted by the City Council in 2015. Staff has
taken the opportunity to review existing amendments in detail and some modifications are
recommended;
WHEREAS, additionally, the City participates in the Nation Flood Insurance
Program ("NFIP") with Federal Emergency Management Agency ("FEMA") to reduce
flooding from storm events and wave run-up by retention and/or percolation;
WHEREAS, the City is improving water quality of Newport Bay and
Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray,
roof drains, patio and deck drains, and natural watercourses which then convey pollutants
such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons,
brake dust, tire residue and other pollutants into surface waters; and
WHEREAS, the City reviewed the grading and drainage requirements from FEMA
with the prior City Council Policy L-18 to amend and maintain consistency within the
NBMC and continued compliance in the NFIP as reflected in the revisions to Chapter
15.10.
Ordinance No. 2019-17
Page 4 of 54
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Amendment to Section 101.4.3.
15.02.040
Amendment to Section 101.4.4.
15.02.050
Amendment to Section 102.6.
15.02.060
Amendment to Section 102.7.
15.02.070
Amendment to Section 103.1.
15.02.080
Amendment to Section 105.2.
15.02.090
Amendment to Section 105.3.2.
15.02.095
Amendment to Sections 105.3.3, 105.3.4 and 105.3.5
15.02.100
Amendment to Section 105.5.
15.02.110
Amendment to Section 109.4.
15.02.120
Addition of Section 117.
15.02.010 Adoption of the Administrative Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2019 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 2019 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:
Ordinance No. 2019-17
Page 5 of 54
Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3.
Section 101.4.3 is amended to read as follows:
Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall
apply to the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical -gas system.
Section 15.02.040 Amendment to Section 101.4.4.
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the 2018 International
Property Maintenance Code shall be adopted as the Newport Beach Property
Maintenance Code and shall apply to existing structures and premises; equipment
and facilities; light, ventilation, space heating, sanitation, life and fire safety
hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
Section 15.02.050 Amendment to Section 102.6.
Section 102.6 is amended to read as follows:
Section 102.6 Existing structures. The legal occupancy of any structure existing
on the date of adoption of this code shall be permitted to continue without change,
except as otherwise specifically provided in this code, the California Existing
Building Code, the International Property Maintenance Code, California Building
Code, the California Residential Code, or the California Fire Code, or as deemed
necessary by the Chief Building Official.
Section 15.02.060 Added to Section 102.7.
Section 102.7 is added to read as follows:
Ordinance No. 2019-17
Page 6 of 54
Section 102.7 Remodel or renovation. If the valuation of a 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 $220,700,
2. The Chief Building Official is authorized to accept less than the requirements
for new construction if substantial conformance to the requirements is found
and the protection of life and property are maintained.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. The Building Division is
hereby created and the official in charge thereof shall be known as the Chief
Building Official.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Private swimming pools, hot tubs spas, or water features containing less
than 18 inches of water depth, unless otherwise required by other
provisions of the code.
Section 15.02.090 Amendment to Section 105.3.2.
Ordinance No. 2019-17
Page 7 of 54
Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days after the
date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the Chief Building Official is authorized to grant one
or more extensions of time for additional periods not exceeding 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
15.02.095 Amendment to Section 105.3.3, 105.3.4 and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not
required, the maximum allowable time to complete construction for any work that
requires a building permit including, but not limited to, any construction,
reconstruction, rehabilitation, renovation, addition(s), modification(s),
improvement(s), or alteration(s), shall be limited to three (3) years, unless an
extension is granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete
construction shall begin on the date of issuance of the first or original building
permit. For building permits issued prior to June 1, 2019, the time limit to complete
construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the
date of construction completion for purposes of Section 15.02.095. Time limits set
forth herein shall not be extended by issuance of a subsequent building permit(s)
for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
Ordinance No. 2019-17
Page 8 of 54
1. Application for Extension.
a) A property owner, or authorized agent of the property owner, may request an
extension by filing with the City Clerk, in writing and on a form provided by the City
Clerk, an application for extension which sets forth: (i) the address of the project
site; (ii) the name of the applicant and property owner; (iii) when the first or original
building permit was issued; (iv) the length of time extension requested, which shall
not be greater than one hundred and eighty (180) calendar days; (v) how many
previous extensions have been granted, if any; (vi) the basis for the requested
extension; (vii) the new end project date if the application is approved; (viii) a brief
description of the improvements that are the subject of the application; and (ix) any
other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension
shall be submitted no later than forty-five (45) calendar days prior to the expiration
of the building permit.
c) An application for extension shall be accompanied by the filing fee identified in
the City's master fee schedule.
2. Scheduling and Noticing
a) A Hearing Officer, designated by the City Manager, shall hear and decide
whether an initial application for extension, or second application for extension,
shall be granted, conditionally granted, or denied. The City Council shall hear and
decide whether any additional application for extension shall be granted,
conditionally granted, or denied. The applicable hearing body shall be referred to
herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City
Manager shall appoint a Hearing Officer with the requisite qualifications and
experience to consider the application for extension. The Hearing Officer shall not
be a City employee and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be conditioned, either directly
or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for
extension, the City Manager or his/her designee shall notify the applicant of the
name of the Hearing Officer in accordance with Section 1.08.080.
Ordinance No. 2019-17
Page 9 of 54
If the applicant wishes to challenge the designated Hearing Officer, the applicant
shall have seven (7) calendar days from the date of service of the notice to submit
to the City Manager a request, in writing, to disqualify the Hearing Officer, which
sets forth the basis for disqualification. A Hearing Officer may only be disqualified
for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge
may be disqualified after a showing of good cause under the laws of the State of
California.
The City Manager will review any request for disqualification and make a decision
as to whether a Hearing Officer shall be disqualified. The City Manager's decision
shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager
shall designate a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the hearing of the
application, in accordance with Section 1.08.080, at least ten (10) calendar days
prior to the date of the hearing. All hearings on an application to be heard by the
review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project
site that is the subject of the application, at least ten (10) calendar days in
advance of the hearing. The notice shall contain: the address of the project
site; the length of time extension requested; the new end project date if the
application is approved; the name of the applicant and property owner; a
brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the
application, at least ten (10) calendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by
the City Manager or his/her designee. The applicant shall be responsible
for maintaining the sign(s) in a satisfactory condition and shall remove all
sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
3. Conduct of Hearing
a) A hearing shall be held at the date, time, and place for which notice was given.
Ordinance No. 2019-17
Page 10 of 54
b) The review authority shall only consider evidence and testimony, presented by
the applicant or any other interested person, relevant to whether: (i) special
circumstances warrant an extension of time; (ii) the failure to meet the time limit
was caused by circumstances beyond the property owner's, applicant's or their
contractor's control; and (iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding
property owners. Any documents submitted by City staff shall constitute prima
facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and
eighty (180) calendar day extension, per application for extension, if it finds special
circumstances warrant an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's, applicant's or their
contractor's control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether conditions are necessary to
ensure timely completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer
or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on
a final decision until appropriate findings and/or conditions of approval have been
prepared.
f) The review authority shall issue a written decision, setting forth its findings, and
the decision shall be final and effective on the date the decision is made, unless
otherwise specified by the review authority. The review authority shall provide the
City Clerk with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision to the applicant
within ten (10) calendar days of receipt of the final decision.
4. Judicial Proceeding
Nothing herein shall prohibit the Building Official from issuing a building permit or
extending a building permit if the extension is a term of an enforceable settlement
agreement between the City and the property owner or a term of a court
order/judgment.
Ordinance No. 2019-17
Page 11 of 54
5. Judicial Review
The decision of the review authority shall not be appealable to any City body. A
person shall not seek judicial review related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section
15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall
not relieve any person or entity from complying with any other applicable provision
of federal, state or local law including, but not limited to, construction related laws
adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the date of the last recorded inspection.
Before such work can recommence, a new permit shall be obtained 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 building
official is authorized to grant, in writing, one or more extensions of time, for periods
not more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Ordinance No. 2019-17
Page 12 of 54
Section 109.4 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to an
investigation fee in addition to the required permit fees. The investigation fee shall
be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required in the City
Council fee resolution. The payment of such investigation fee shall not exempt an
applicant from compliance with all applicable provisions of either this code,
referenced standards, or the technical codes nor from the penalty prescribed by
law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of entire structure.
Section 117.1 Notification. When an entire structure is to be demolished,
notification by certified mail to adjacent owners is required at least 30 days before
demolition commences. Proof of notification is required prior to permit issuance
unless determined otherwise by the Chief Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the
Newport Beach Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.03.010
Adoption of the International Property Maintenance
Code.
15.03.020
Deletion of Chapter 1, Except Sections 101, 102 and
108.1 through 108.1.5.
15.03.030
Amendment to Section 101.1.
15.03.040
Amendment to Section 102.3.
15.03.050
Amendment to Section 303.2.
Ordinance No. 2019-17
Page 13 of 54
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 2018 International Property Maintenance Code, as published by the International
Code Council.
The various parts of the 2018 International Property Maintenance 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 2018 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 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 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas or water
features containing more than 18 inches of water depth shall comply with section
Ordinance No. 2019-17
Page 14 of 54
305.2 of the Newport Beach Residential Swimming Pool and Spa Code and
Section 3109.2 of the Newport Beach Building Code. No existing pool enclosure
shall be removed, replaced or changed in a manner that reduces its effectiveness
as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal Code
is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Amendment to Section 701A.1.
15.04.040
Amendment to Section 701A.3.
15.04.050
Amendment to Section 701A.3.1.
15.04.060
Amendment to Section 702A.
15.04.070
Amendment to Section 710A.3.3.
15.04.080
Amendment to Section 903.2.
15.04.090
Amendment to Section 903.2.8.
15.04.100
Amendment to Section 1030.1 Exception 6.
15.04.110
Amendment to Table 1505.1.
15.04.120
Amendment to Section 1505.1.3.
15.04.130
Amendment to Section 1612.3.
15.04.140
Amendment to Section 1704.2.1.
15.04.150
Amendment to Section 1905.1.7.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Building Code, Volumes 1 and 2, including
Appendices C and I, and California Code of Regulations Title 24 Parts 8 and 10 and all
national codes and standards referenced therein, based on the 2018 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 2019 California Building Code Volumes 1 and 2, printed in
code book form, shall be kept on file in the office of the City Clerk.
Ordinance No. 2019-17
Page 15 of 54
Section 15.04.020 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above
lowest adjacent grade and not within 3 feet of the property line, and all
other fences not over 6 feet (1,828.8 mm) in height above lowest
adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Private swimming pools, hot tubs spas, or water features containing
less than 18 inches of water depth; unless otherwise required by
other provisions of the code.
Section 15.04.030 Amendment to Section 701A.1.
Section 701A.1 is amended to read as follows:
Section 701A.1 SECTION 701A SCOPE, PURPOSE AND APPLICATION.
Section 701A.1 Scope. This chapter applies to building materials, systems and/or
assemblies used in the exterior design and construction of buildings including one -
and two-family dwellings located within a Fire Hazard Severity Zone or Wildland-
Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701A.3.
Section 701A.3 is amended by deleting Exception #4 in its entirety.
Section 15.04.050 Amendment to Section 701A.3.1.
Section 701A.3.1 is amended by deleting Exception #2 in its entirety.
Section 15.04.060 Amendment to Section 702A.
Ordinance No. 2019-17
Page 16 of 54
Section 702A is amended to include the definition of "Unenclosed Covered
Structure" 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 15.04.070 Amendment to Section 710A.3.3.
Section 710A.3.3 is amended to read as follows:
Section 710A.3.3 Detached miscellaneous structure requirements. Detached
miscellaneous structures that are installed at a distance of more than 3 feet but
less than 50 feet from an applicable building shall be constructed of
noncombustible materials or of ignition -resistant materials as described in Section
704A.2.
Section 15.04.080 Amendment to Section 903.2.
The first and second sentences of Section 903.2 titled "Where required" and "Exception:"
are amended to read as follows, with all other subsections remaining unchanged unless
otherwise modified by this ordinance:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations:
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be
installed in all occupancies when the total building area exceeds 5,000
square feet (465 m2), unless more restrictive requirements are required by
other provisions of the Code.
Exceptions:
1. Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Ordinance No. 2019-17
Page 17 of 54
2. Spaces or areas in telecommunications buildings used
exclusively for telecommunications equipment, associated
electrical power distribution equipment, batteries and standby
engines, provided that those spaces or areas are equipped
throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the
remainder of the building by not less than one hour fire barriers
constructed in accordance with Section 707 or not less than 2
hours horizontal assemblies constructed in accordance with
Section 711, or both.
2. Existing buildings: Notwithstanding any applicable provisions of this code,
an automatic sprinkler system shall be provided in an existing building when
any of the following conditions exists:
a) When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 m2),
b) When an additional story is added above the second floor regardless
of fire areas or allowable area.
c) When an addition is added and the existing building is already
provided with an automatic fire sprinkler system.
d) More restrictive requirements are required by other provisions of the
Code.
e) Where a tenant space in an existing building requires to sprinklers due
to the nature of occupancy use, the entire building shall require
sprinklers unless other provisions of the code(s) are applied to create
distinct separated buildings, subject to the Fire Code Official and Chief
Building official approval.
Exception: Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
Section 903.2.8 is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance
with Section 903.3 shall be provided throughout all buildings with a Group R fire
area as follows:
Ordinance No. 2019-17
Page 18 of 54
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 subject to
approval of the Fire Code Official.
Section 15.04.100 Amendment to Section 1030.1 Exception 6.
Exception 6 in Section 1030.1 is amended to read as follows:
6. Within individual dwelling and sleeping units in Group R-2 where the
building is equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1, sleeping rooms in
basements shall not be required to have emergency escape and rescue
openings provided that the basement has one of the following:
6.1. One means of egress and one emergency escape and rescue
opening.
6.2. Two means of egress.
6.3. In Group R-2.2 occupancies a certified fire escape is acceptable as
a secondary means of egress for existing buildings for this section of the
code.
Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
Ordinance No. 2019-17
Page 19 of 54
TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION1
'See chapter 7A for roof covering requirements.
Section 15.04.120 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. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the addition, alteration, repair or
replacement of the roof exceeds 50 percent of the existing roof area; shall be a
fire -retardant roof covering or assembly that is at least Class B.
Section 15.04.130 Amendment to Section 1612.3.
The first paragraph of Section 1612.3 is amended to read as follows:
Section 1612.3 Establishment of the flood hazard areas. To establish flood
hazard areas, the applicable governing authority shall adopt a flood hazard map
and supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management Agency
in an engineering report entitled "The Flood Insurance Study for Newport Beach,"
dated March 21, 2019, as amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and
related supporting data along with any revisions thereto. The adopted flood hazard
map and supporting data are hereby adopted by reference and declared to be part
of this section.
Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
Ordinance No. 2019-17
Page 20 of 54
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of Newport
Beach or his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her employment
as prescribed in the applicable code. The special inspector shall report to the Chief
Building Official in writing, noting all code violations and any variations from the
approved plans and other information as required on forms prescribed or approved
by the City of Newport Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City of Newport
Beach, shall pay a registration fee as set forth in the City Council Fee Resolution,
payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A
renewal fee as set forth in the City Council Fee Resolution for each classification
shall be charged on July 1St of each year thereafter at which time the special
inspector may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they are approved by the Chief Building Official and
qualify as special inspectors.
Ordinance No. 2019-17
Page 21 of 54
Section 15.04.150 Amendment to Section 1905.1.7.
Section 1905.1.7 is amended by deleting Exceptions 1 through 3 of Section 14.1.4.1(c)
in its entirety.
Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
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 of Section R115.
15.05.060
Deletion of Section R301.1.1.1.
15.05.070
Amendment to Section R301.1.3.
15.05.080
Amendment to Table R301.2(1).
15.05.090
Amendment to Table R301.2(1) Footnote g.
15.05.100
Amendment to Section R301.2.4.
15.05.110
Amendment to Section R309.3.
15.05.120
Amendment to Section R310.1.
15.05.130
Amendment to Section R310.2.3.1.
15.05.140
Deletion of Section R310.2.4.
15.05.150
Amendment to Section R310.3.2.1.
15.05.160
Amendment to Section R311.7.11.
15.05.170 Amendment to Section R311.7.12.
15.05.180 Deletion of Section R313.
15.05.190 Amendment to Section R319.1.
15.05.200 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
15.05.210 Amendment to Section R326.
15.05.220 Deletion of Section R337.
15.05.230 Addition to Section R341.
15.05.240 Deletion to Section R401.4.
15.05.250 Deletion to Section R404.
15.05.260 Amendment to Section R405.1.
15.05.270 Addition of Section R409.
Ordinance No. 2019-17
Page 22 of 54
15.05.280 Deletion of Section R602.12.
15.05.290 Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Residential Code including Appendix H, and all
national codes and standards referenced therein, based on the 2018 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 2019 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 Residential Code
for One- and Two-family Dwellings of Newport Beach, and shall be cited as such
and will be referenced to herein as "this code."
Section 15.05.030 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 not more than
three stories above grade plane.
Ordinance No. 2019-17
Page 23 of 54
Exceptions:
1. Live/work units located in townhouses and complying with the requirements of
Section 419 of the California Building Code shall be permitted to be constructed in
accordance with the California Residential Code for One- and Two -Family
Dwellings. Fire suppression required by Section 419.5 of the California Building
Code where 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.
Section 15.05.040 Deletion of Sections R102 through R114.
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 Administrative Code.
Section 15.05.050 Addition of Section R115.
Section R115 is added to read as follows:
Section R115 — Existing Buildings.
For existing One- and Two-family dwellings, the Existing Building Code as adopted
under section 15.14 of the Newport Beach Municipal Code shall be the applicable
code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered design. Where a building of otherwise
conventional construction contains structural elements exceeding the limits of
Ordinance No. 2019-17
Page 24 of 54
Section R301 or otherwise not conforming to this code, these elements shall be
designed in accordance with accepted engineering practices. The extent of such
design need only demonstrate compliance of nonconventional elements with other
applicable provisions and shall be compatible with the performance of the
conventional framed system. Engineered design in accordance with the California
Building Code is permitted for buildings and structures and parts thereof, included
in the scope of this code.
R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for woodframe construction found in this
code, the Chief Building Official shall require the construction documents to
be approved and stamped by a California licensed architect or engineer for
that irregular or nonconforming portion of work. Notwithstanding other
sections of law, the law establishing these provisions is found in Business
and professions Code Section 5537 and 6737.1.
R301.1.3.2 Woodframe 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 a
woodframe construction more than two stories in height or having a
basement. Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.3 Structures other than woodframe. The Chief Building Official
shall require floor, wall or roof -ceiling structural elements in dwellings
designed of cold formed steel, concrete, masonry prescribed by this code
to be approved and stamped by a California licensed architect or engineer.
Notwithstanding other sections of law, the law establishing these provisions
is found in Business and professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1).
Table R301.2(1) is amended by completing the table to read as follows:
Ordinance No. 2019-17
Page 25 of 54
TABLE R301.2(i)
ri iiviAnr nein nrnapApwr nlxinm rpiTrDte
GROUND
WIND DESIGN
SEISMIC
I SUBJECT TO DAMAGE FROM
WINTER
ICE 13ARRIER
AIR
MEAN
SNOW
Speed]
Topographic Specle vAnd
Windbome
DESIGN
Frost line
Weathering Te
DESIGN
UNDERLAYMENT
FLOOD
HAZARDS°
FREE21N0
ANNUAL
LOAD*
(mph)
effectsM regions
debris zone-
CATEGORY,
depthb
TEMP*
REOUIREDn
INDEX
TEMPI
Zero
No No
No
0b D,, N or E
I Negligible I NA I Vary Heavy
1 43
No
ase foomote 0
1 o
ao.7'
MANUAL J DESIGN CRITERIA'
Elevation
Lattitude
Winter Summer Altitude Indoor design
Design
Heating temperature
heating Coding correction factor temperature
temperature cooling
difference
10 feet
34' N
41' 76' 1.0
70'
75'
30'
Cooling
Wind
Wind velocity Coincident Daily
Winter
Summer
temperature difference velocity heating
cooling wet bulb range
humidity
humidity
15'
—
— 67 12
10
90
Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(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) dated March 21, 2019; Flood Insurance Study
(FIS Profile) effective date of revision: March 21, 2019; Community number:
060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382,
384, 401, 402, 403, 404, 406 and 408; Suffix "K"; Initial NFIP map date: March 15,
1974; and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures constructed
in whole or in part in flood hazard areas (including A or V Zones) as established in
Table R301.2(1), and substantial improvement and repair of substantial damage
of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with the City of Newport Beach Municipal Code Chapter
15.50, FLOODPLAIN MANAGEMENT and Section R322. Buildings and structures
that are located in more than one flood hazard area shall comply with the
provisions associated with the most restrictive flood hazard area. Buildings and
structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24.
R301.2.4.1 Alternate provisions. As an alternate to the requirements in
Section R322 and the City of Newport Beach Municipal Code Chapter
15.50, Floodplain Management, ASCE 24 is permitted subject to the
limitations of this code and the limitations therein.
Ordinance No. 2019-17
Page 26 of 54
Section 15.05.110 Amendment to Section R309.3.
Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2(1), garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with Section R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at
or above grade on not less than one side, are used solely for parking,
building access or storage, meet the requirements of Section R322 and
the City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management and are otherwise constructed in accordance with this
code.
Section 15.05.120 Amendment of Section R310.1.
Exception 2 of Section R310.1 is deleted in its entirety.
Section 15.05.130 Amendment to Section R310.2.3.1.
Section R310.2.3.1 is amended to read as follows:
Section R310.2.3.1 Ladder and stairway. Window wells with a vertical
depth greater than 44 inches (1118 mm) shall be equipped with a
permanently affixed ladder or stairway usable with the window in the fully
open position. Ladders required by this section shall comply with Section
304.3.1.2 of the California Mechanical Code. Stairway shall comply with
Section R311.7.
Section 15.05.140 Deletion of Section R310.2.4.
Section R310.2.4 is deleted in its entirety.
Section 15.05.150 Amendment to Section R310.3.2.1.
Ordinance No. 2019-17
Page 27 of 54
Section R310.3.2.1 is amended to read as follows:
Section R310.3.2.1 Ladder and stairway. Area wells with a vertical depth
greater than 44 inches (1118 mm) shall be equipped with a permanently affixed
ladder or stairway usable with the door in the fully open position. Ladders
required by this section shall comply with Section 304.3.1.2 of the California
Mechanical Code. Stairways shall comply with Section R311.7.
Section 15.05.160 Amendment to Section R311.7.11.
Section R311.7.11 is amended to read as follows:
Section R311.7.11 Alternating tread devices. Alternating tread devices shall
not be used as an element of a means of egress, or path of travel through or to
habitable space.
Section 15.05.170 Amendment to Section R311.7.12.
Section R311.7.12 is amended to read as follows:
Section R311.7.12 Ships ladders. Ships ladders shall not be used as an
element of a means of egress, or a path of travel through or to habitable space.
Section 15.05.180 Deletion of Section R313.
Section R313 is deleted in its entirety and replaced with California Building Code
Section 903.2.8 as amended in Section 15.04.080.
Section 15.05.190 Amendment to Section R319.1.
Section R319.1 is amended to read as follows:
Section R319.1 Address identification. Buildings shall be provided with
approved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property, and
alley if adjacent to the property. Address identification characters shall contract
with their background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall not be spelled out. Each character shall be not less than 4
inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).
Where required by the fire code official, address identification shall be provided in
Ordinance No. 2019-17
Page 28 of 54
additional approved locations to facilitate emergency response. Where access is
by means of a private road and the building address cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the
structure. Address identification shall be maintained.
Section 15.05.200 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 15.05.210 Amendment to Section R326.
Section R326 is added to read as follows:
SECTION R326 — SWIMMING POOLS, SPAS AND HOT TUBS
R326.1 General. The construction, alteration, movement, renovation,
replacement, repair and maintenance of residential swimming pools and spas shall
comply with City of Newport Beach Municipal Code Chapter 15.09, Residential
Swimming Pool and Spa Code and Section 3109.2 of the 2019 California Building
Code.
Section 15.05.220 Deletion of Section R337.
Section R337 is deleted in its entirety and replaced with California Building Code Chapter
7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in
Sections 15.04.020 through 15.04.070.
Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling units
including those separating adjacent townhouse units shall provide air -borne sound
insulation for walls and both air -borne and impact sound insulation for floor -ceiling
assemblies per Section 1206 of the 2019 California Building Code, Title 24, Part
2.
Ordinance No. 2019-17
Page 29 of 54
Section 15.05.240 Deletion of Section R401.4.
Section R401.4 is deleted in its entirety and replaced by California Building Code Section
1803 Geotechnical Investigations.
Section 15.05.250 Deletion of Section R404.
Section R404 is deleted in its entirety.
Section 15.05.260 Amendment to Section R405.1.
The Exceptions to Section R405.1 are amended to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls extending
below high tide of the Newport Bay water elevation.
Section 15.05.270 Addition of Section R409.
Section R409, titled "Deep Foundations, Prestressed Rock and Soil Anchors, Earth
Retaining Shoring and Vibro Stone Columns for Ground Improvement," is added and
shall incorporate Sections 1810, 1811, 1812, and 1813 of the California Building Code
into this section of this code.
Section 15.05.280 Deletion of Section R602.12.
Section R602.12 is deleted in its entirety.
Section 15.05.290 Deletion of Section R902 Roof classification.
Section R902 is amended in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Section 15.04.110.
Ordinance No. 2019-17
Page 30 of 54
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
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(A).
15.06.050 Amendment to Article 358.10(B).
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 2019 Edition of the California Electrical Code based on the 2017 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 2019 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
Chapter 15.02 Administrative Code.
Section 15.06.020 Amendment to Article 342.10.
Article 342.10(A) and (B) are amended to read as follows:
(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
(B) Corrosion Environments. IMC, 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 approved for the condition.
Section 15.06.030 Amendment to Article 344.10.
Article 344.10(A) and (B) are amended to read as follows:
Ordinance No. 2019-17
Page 31 of 54
(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
approved for the environment. Rigid aluminum conduit encased in concrete shall
be provided with approved supplementary corrosion protection.
(4) Ferrous Raceways and Fittings. Ferrous raceways and fittings protected
from corrosion solely by enamel shall be permitted only indoors and in occupancies
no subject to severe corrosive influences.
(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 approved for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete.
(3) Cinder Fill. Galvanized steel, stainless steel, and red brass RMC shall be
permitted to be installed in or under cinder fill where subject to permanent moisture
where protected on all sides by a layer of noncinder concrete not less than 50 mm
(2 in.) thick; where the conduit is not less than 450 mm (18 in.) under the fill; or
where protected by corrosion protection approved for the condition.
(4) Wet Locations. All supports, bolts, straps, screws, and so forth, shall be
of corrosion -resistant materials or protected against corrosion by corrosion -
resistant materials.
Ordinance No. 2019-17
Page 32 of 54
Section 15.06.040 Amendment to Article 358.10(A).
Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. The use of EMT shall be permitted for
concealed work only.
Section 15.06.050 Amendment to Article 358.10(8).
Articles 358.10(B)(1) and (13)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and Fittings.
Galvanized steel, stainless steel, and red brass EMT elbows, couplings, and
fittings shall be permitted to be installed in concrete, or in areas subject to severe
corrosive influences where protected by corrosion protection and approved for the
condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum EMT shall be
provided with approved supplementary corrosion protection where encased in
concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal
Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code.
15.07.020 Addition of Section 103.5.
15.07.030 Amendment of Section 107.1.
Section 15.07.010 Adoption of California Mechanical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Mechanical Code, based on the -2018 Uniform
Mechanical Code, by the International Association of Plumbing and Mechanical Officials.
Ordinance No. 2019-17
Page 33 of 54
The various parts of this code shall constitute and be known as the Newport Beach
Mechanical Code. A copy of the 2019 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 Chapter 15.02 Administrative Code.
Section 15.07.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
Section 15.07.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of a Chief Building Official decision shall be
governed by Chapter 15.80 of the Newport Beach Municipal Code, or any
successor chapter.
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code
is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 103.5.
15.08.030 Amendment of Section 107.1.
Ordinance No. 2019-17
Page 34 of 54
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 2019 Edition of the California Plumbing Code, including Appendix A and C,
based on the 2018 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 2019 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
Chapter 15.02 (Administrative Code).
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows
Section 103.5 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have the
authority to grant modifications for individual cases, upon application of the owner
or owner's representative, provided the Chief Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the
modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 General. Appeals of a Chief Building Official decision shall be
governed by Chapter 15.80 of the Newport Beach Municipal Code, or any
successor chapter.
Section 8: Chapter 15.09 currently titled "Reserved" of the Newport Beach
Municipal Code is renamed "Residential Swimming Pool and Spa Code" and amended
to read as follows:
Sections:
Ordinance No. 2019-17
Page 35 of 54
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010
Adoption of the International Swimming Pool and Spa
Code.
15.09.020
Amendment to Section 101.1.
15.09.030
Amendment to Section 101.2.
15.09.040
Deletion of Sections 102 through 108.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment to Section 202.
15.09.070
Amendment to Section 301.1.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.1 through 303.3.
15.09.140
Amendment to Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1(1).
15.09.180
Deletion of Section 305.2.4.
15.09.190
Amendment to Section 305.3.3.
15.09.200
Amendment to Section 305.4.
15.09.210
Amendment to Section 305.4(1).
15.09.220
Amendment to Sections 305.5(1) and (2).
15.09.230
Amendment to Section 306.1.
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
15.09.280
Amendment to Section 307.1.3.
15.09.290
Amendment to Section 307.1.4.
15.09.300
Amendment to Section 307.2.2.
15.09.310
Amendment to Section 316.4.
15.09.320
Amendment to Section 316.6.1.
15.09.330
Amendment to Section 318.2.
15.09.340
Amendment to Section 320.1.
Ordinance No. 2019-17
Page 36 of 54
15.09.350
Deletion of Sections 320.2 and 320.3.
15.09.360
Amendment to Section 321.4.
15.09.370
Deletion of Chapter 4.
15.09.380
Deletion of Chapter 5.
15.09.390
Deletion of Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Addition of Section 903.
15.09.450
Addition of Section 904.
15.09.460
Addition of Section 905.
15.09.470
Addition of Section 906.
15.09.480
Addition of Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2018 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the Newport
Beach Residential Swimming Pool and Spa Code. A copy of the 2018 International
Swimming Pool and Spa 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 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential
Swimming Pool and Spa Code of Newport Beach, and shall be cited as such and
will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Ordinance No. 2019-17
Page 37 of 54
Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, renovation, replacement, repair and
maintenance of residential pools and spas. The pools and spas covered by this
code are either permanent or temporary, and shall be only those that are
designed and manufactured to be connected to a circulation system and that are
intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 108.
Sections 102 through 108 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in Chapter 15.02 (Administrative Code).
Section 15.09.050 Amendment to Section 201.3.
Section 201.3 is amended to read as follows:
Section 201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the California Building Code, California Energy
Code, California Fire Code, California Mechanical Code, California Plumbing
Code or California Residential Code, such terms shall have the meanings
ascribed to them as in those codes.
Section 15.09.060 Amendment to Section 202.
The definitions of RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL in
Section 202 are amended to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed
pool, permanent or portable, that is intended for noncommercial use as a
swimming pool by not more than three owner families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). Any constructed pool, permanent
or portable, that is intended for use as a swimming pool by the public or four or
more owner families, units, or association members and their guest.
Section 15.09.070 Amendment to Section 301.1.
Section 301.1 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the general
design and construction of residential pools and spas and related piping,
Ordinance No. 2019-17
Page 38 of 54
equipment, and materials. Provisions that are unique to a specific type of
residential pool or spa are located in Chapters 7 through 10.
301.1.1 Application of Chapters 7 through 10. Where differences occur
between provisions of this chapter and provisions of Chapters 7 through 10, the
provisions of Chapters 7 through 10 shall apply.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with the
California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water service and drainage. Piping and fittings used for water
service, makeup and drainage piping for pools and spas shall comply with the
California Plumbing Code. Fittings shall be approved for installation with the
piping installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5, Backflow protection. Water supplies for pools and spas shall be
protected against backflow in accordance with the California Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater discharge. Where wastewater from pools or spas,
such as backwash water from filters discharge to a building drainage system, the
connection shall be through an air gap in accordance with the California
Plumbing Code.
Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
Ordinance No. 2019-17
Page 39 of 54
Section 303.1 Energy consumption of pools and permanent spas. The
energy consumption of pools and permanent spas shall comply with the
California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Sections 303. 1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Amendment to Section 304.2.
Section 304.2 is amended to read as follows:
Section 304.2 Floodplain Construction. Pools and spas constructed in special
flood hazard areas shall comply with the City of Newport Beach Municipal Code
Chapter 15.50, Floodplain Management.
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows:
Section 305.1 General. The provisions of this section shall apply to the design
of barriers for restricting the public from entry into areas having pools and spas.
Section 15.09.160 Amendment to Section 305.2.
Section 305.2 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 305.2 Swimming pools and spas. Swimming pools and spas shall be
surrounded by a permanent barrier that complies with Sections 305.2.1 through
305.7.
Section 15.09.170 Amendment to Section 305.2.1(1).
Section 305.2.1 (1) is amended to read as follows:
1. The top of the barrier shall be not less than sixty (60) inches above grade where
measured on the side of the barrier that faces away from the pool or spa. Such
height shall exist around the entire perimeter of the barrier and for a distance of
three (3) feet measured horizontally from the outside of the required barrier.
Section 15.09.180 Deletion of Section 305.2.4.
Ordinance No. 2019-17
Page 40 of 54
Section 305.2.4 is deleted in its entirety.
Section 15.09.190 Amendment to Section 305.3.3.
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latches. Where the release mechanism of the self -latching
device is located less than sixty (60) inches from grade, the release mechanism
shall be located on the pool or spa side of the gate not less than three (3) inches
below the top of the gate, and the gate and barrier shall not have openings
greater than one-half (1/2) inch within eighteen (18) inches of the release
mechanism.
Section 15.09.200 Amendment to Section 305.4.
Section 305.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 305.4 Structure wall as a barrier. For common pools or spas serving
two and three unit families, doors, openable windows, gates of living units or
associated private premises shall not be permitted as part of the pool barrier.
For pools or spa serving single family, where a wall of the dwelling or structure
serves as part of the barrier and where doors provide direct access to the pool or
spa through that wall, one of the following shall be required:
Section 15.09.210 Amendment to Section 305.4(1).
Section 305.4(1) is amended to read as follows:
Doors shall have an alarm that produces an audible warning when the window,
door or their screens are opened. The alarm shall be listed and labeled as a
water hazard entrance alarm in accordance with UL 2017. In dwellings or
structures not required to be Accessible units, the operable parts of the alarm
deactivation switches shall be located 54 inches or more above the finished floor.
In dwellings or structures required to be Accessible units, the operable parts of
the alarm deactivation switches shall be located not greater than 54 inches and
not less than 48 inches above the finished floor.
Section 15.09.220 Amendment to Sections 305.5(1) and (2).
Sections 305.5(1) and (2) are amended to read as follows:
Ordinance No. 2019-17
Page 41 of 54
Where only the pool wall serves as the barrier, the bottom of the wall is on grade,
the top of the wall is not less than 60 inches above grade for the entire perimeter
of the pool, the wall complies with the requirements of Section 305.2 and the pool
manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not
less than 60 inches above grade for the entire perimeter of the pool, and the wall
and the barrier on top of the wall comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around
pools and spas shall be in accordance with the California Residential Code or the
California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck steps handrail required. Pool and spa deck steps having
three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Exposed aggregate
Textured. livid -finished concrete
Travertnicibrick-set pacers. public pools or spas
8
Travertine brick -set pacers. residential pools or spas
I!,
Wood
1:
Wood plastic composite
i
r8
For SI: 1 inch = 25.4 nuu 1 foot = 304.8 uuu.
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Ordinance No. 2019-17
Page 42 of 54
Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the
entire deck and shall be installed in accordance with the California Plumbing
Code.
Section 15.09.270 Amendment to Section 307.1.1.
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in hazardous locations. Hazardous locations for
glazing shall be as defined in the California Building Code or the California
Residential Code, as applicable. Where glazing is determined to be in a
hazardous location, the requirements for the glazing shall be in accordance with
those codes, as applicable.
Section 15.09.280 Amendment to Section 307.1.3.
Section 307.1.3 is amended to read as follows:
Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas
shall be in accordance with the California Building Code or California Residential
Code, as applicable, and shall be constructed so as to prevent water runoff into
the pool or spa.
Section 15.09.290 Amendment to Section 307.1.4.
Section 307.1.4 is amended to read as follows:
Section 307.1.4 Accessibility. An accessible route to pools and spas of new
common use areas serving covered multi -family dwellings shall be provided in
accordance with the Chapter 11A of California Building Code. Accessibility within
pools and spas shall be provided as required by Chapter 11A of California
Building Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and structural design. Pools and spas shall conform
to one or more of the standards indicated in Table 307.2.2. The structural design
of pools and spas shall be in accordance with the California Building Code.
Section 15.09.310 Amendment to Section 316.4.
Ordinance No. 2019-17
Page 43 of 54
Section 316.4 is amended to read as follows, with all other subsections relating to that
section remaining unchanged unless modified by this ordinance:
Section 316.4 Installation. Heaters shall be installed in accordance with the
manufacturer's specifications and the California Plumbing Code, California
Mechanical Code, California Energy Code, California Electrical Code, as
applicable. Solar thermal water heaters shall be installed in accordance with
Section 316.6.
Section 15.09.320 Amendment to Section 316.6.1.
Section 316.6.1 is amended to read as follows:
Section 316.6.1 Installation. Solar thermal water heaters shall be installed in
accordance with the California Mechanical Code.
Section 15.09.330 Amendment to Section 318.2.
Section 318.2 is amended to read as follows:
Section 318.2 Protection of potable water supply. Potable water supply
systems shall be designed, installed and maintained so as to prevent
contamination from nonpotable liquids, solids or gases being introduced into the
potable water supply through cross -connections or other piping connections to
the system. Means of protection against backflow in the potable water supply
shall be provided through an air gap complying with ASME All 12.1.2 or by a
backflow prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 320.1.
Section 320.1 is amended to read as follows:
Section 320.1 Backwash water or draining water. 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 six (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). Direct connections shall not be made between the end of the
backwash line and the disposal system. Drains shall discharge through an air
gap.
Ordinance No. 2019-17
Page 44 of 54
Section 15.09.350 Deletion of Sections 320.2 and 320.3.
Sections 320.2 and 320.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 321.4.
Section 321.4 is amended to read as follows:
Section 321.4 Residential pool and deck illumination. Where lighting is
installed for, and in, residential pools and permanent residential spas, such
lighting shall be installed in accordance with California Electrical Code.
Section 15.09.370 Deletion of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows:
Section 703.1 General. Decks provided by the pool manufacturer shall be
installed in accordance with the manufacturer's instructions. Decks fabricated on-
site shall be in accordance with the California Residential Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
Ordinance No. 2019-17
Page 45 of 54
Section 802.1 Materials of components and accessories. The materials of
components and accessories used for permanent inground residential swimming
pools shall be suitable for the environment in which they are installed. The
materials shall be capable of fulfilling the design, installation and the intended
use requirements in the California Residential Code.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural design. The structural design and materials shall be in
accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901.2.
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter,
residential spas and residential exercise spas shall comply with the requirements
of Chapter 3.
Section 15.09.440 Addition of Section 903.
Section 903 is added to read as follows:
Section 903 MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled
for use in spas.
Section 15.09.450 Addition of Section 904.
Section 904 is added to read as follows:
Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be four (4)
feet measured from the design waterline. The water depth for exercise
spas shall not exceed six (6) feet six (6) inches measured from the design
waterline.
Ordinance No. 2019-17
Page 46 of 54
904.2 Multilevel seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be twenty-eight
(28) inches measured from the design waterline to the lowest measurable
point.
904.3 Floor slope. The slope of the floor shall not exceed one (1) unit
vertical in twelve (12) units horizontal (8.3 -percent slope). Where multilevel
floors are provided, the change in depth shall be indicated.
Section 15.09.460 Addition of Section 905.
Section 905 is added to read as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return fittings. Return fittings shall be provided and arranged to
facilitate a uniform circulation of water and maintain a uniform sanitizer
residual throughout the entire spa or exercise spa.
905.2 Suction fittings. Suction fittings shall be in accordance with
Sections 905.2.1 through 905.2.4.
905.2.1 Testing and certification. Suction fittings shall be listed and
labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in
accordance with the manufacturer's specifications. Spas and exercise
spas shall not be used or operated if the suction outlet cover is missing,
damaged, broken or loose.
905.2.3 Outlets per pump. Suction fittings shall be provided in
accordance with Section 310.
905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall
be in accordance with Section 310.
Section 15.09.470 Addition of Section 906.
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
Ordinance No. 2019-17
Page 47 of 54
906.1 General. This section pertains to fuel -fired and electric appliances
used for heating spa or exercise spa water.
906.2 Water temperature controls. Components provided for water
temperature controls shall be suitable for the intended application.
906.2.1 Water temperature regulating controls. Water temperature
regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to
the heating appliance and listed in accordance with the applicable end
use appliance standard.
906.2.2 Water temperature limiting controls. Water temperature
limiting controls shall comply with UL 873 or UL 372. Water temperature
at the heater return outlet shall not exceed 140°F (600C).
Section 15.09.480 Addition of Section 907.
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water temperature. The temperature of the incoming makeup water
shall not exceed 104°F (400C).
Section 9: The definition of "minor rain event" and "significant storm event" are
hereby added to Section 15.10.050 (Definitions) of the Newport Beach Municipal Code
to read as follows:
"Minor rain event" means less than 3/ inches of rain in a 24-hour period.
"Significant storm event" means more than % inches of rain in any 24-hour period.
Section 10: Section 15.10.060 (Grading Permit Requirements) of the Newport
Beach Municipal Code is hereby amended to add subsection (D)(9) as follows:
9. On flat and sloped sites, the top of any exterior foundation shall extend
above the elevation of the street gutter at point of discharge or the inlet of
an approved drainage device not less than twelve (12) inches plus two (2)
percent except for garage and carport space. Alternate elevations are
Ordinance No. 2019-17
Page 48 of 54
permitted subject to the approval of the building official, provided that it
can be demonstrated that required drainage to the point of discharge and
away from the structure is provided at all locations on the site.
Section 11: Subsection (E) of Section 15.10.120 (Drainage and Terracing) is
hereby amended to read as follows:
1. Disposal. All drainage facilities and grading shall be designed to contain
concentrated and surface sheet flow waters from dry -weather run off and minor rain
events within the site, unless the Building Official determines this to be detrimental to
structures due to site conditions. Where the building official makes this determination,
the Building Official may require that water is filtered before discharge into the City
public drainage system. All buried pipe shall be constructed of ABS, PVC, or PE plastic
pipe of SDR 35 or Schedule 40 -tested material. All pipe joints shall be glued. Buried
pipe shall be sized according to the California Plumbing Code, a minimum of four
inches trade size unless approved by the Building Official. If drainage facilities
discharge onto natural ground, riprap or conversion to sheet flow may be required in
order to contain as much of that water as possible within the site.
2. Drainage water from a newly graded or regraded site shall be directed from a
privately owned property directly to the public drainage system. Drainage water from
a newly graded or regraded site shall not drain across a property line onto another
property without a recorded drainage easement on the adjacent property.
3. Reconstruction or grading of an existing residential property that does not require
a Water Quality Management Plan shall require grading/drainage for additions and/or
modifications to existing properties including the construction of patios, decks, roof
drains, downspouts, gutters, or substantial grading remodel. Such grading/drainage
and/or modifications shall be designed to retain and/or direct urban runoff into
planted/permeable areas. Curb drains and subsurface piping shall be permitted for
secondary or overflow of hardscape or planted areas to prevent dwellings from
flooding due to significant storm events only. Curb drains may be used to correct
existing drainage problems on a case-by-case basis after all reasonable alternatives
are explored. Curb drains, when approved, shall have a French drain system of
perforated pipe and gravel unless site-specific circumstances endanger public safety
so as to prohibit its use as determined by the Public Works Director and/ or the project
soils engineer.
4. Drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or greater)
wherever practical. The design shall include:
Ordinance No. 2019-17
Page 49 of 54
a. Hydrological and hydraulic calculations in conformance with the latest
edition of the Orange County Drainage Design Manual;
b. Subsurface piping system utilizing approved piping materials which
incorporate sealed joints;
C. The drainage system shall have a French drain system of perforated pipe
and gravel, or similar device to percolate low flow urban runoff unless site-specific
circumstances endanger public safety or improvements so as to prohibit its use as
determined by the Public Works Director and/ or the project soils engineer does
not allow percolation; and
d. Any permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a
nuisance such as odor or algae growth. The property owner will accept
responsibility to maintain the slope drainage facility and will execute a non-
standard permit agreement with the City. The City reserves the right to revoke this
agreement at any time for non-compliance.
5. Permanent sump pump discharges may be permitted as follows:
a. Permitted sump pump discharge shall be filtered and piped directly to the
City's storm drain system. Connections to the city's storm drain shall be in
accordance with City standards and executed under a valid encroachment permit
from the Public Works Department.
b. The permittee and the City have executed a non-standard permit agreement
which authorizes the City to revoke the permit at any time for non-compliance.
C. Discharges from permanently installed sump pumps of basement garage
spaces (areas with motor vehicle storage) shall not be permitted within the public
right of way.
d. Storage areas and living areas below natural grade as permitted by the
Building Division may discharge sump pump flow into the City's street drainage
system provided that:
Ordinance No. 2019-17
Page 50 of 54
(i) The property owner show evidence of all approved permits as required
by the Regional Water Quality Control Board and other jurisdictional
agencies;
(ii) The discharge flow must not be continuous and be shown to be less
than five (5) gallons per day; and
(iii) The permitted flow shall not create continuous standing water within
City street gutters, pose a hazard to safe motor vehicle or pedestrian use,
or create a nuisance such as odor or algae growth.
6. Construction dewatering as permitted by the Building Division may discharge
pump flow into the City's street drainage system provided that:
a. The property owner show evidence of all approved permits as required by
the Regional Board and other jurisdictional agencies;
b. The permitted flow shall not create continuous standing water within City
street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a
nuisance such as odor or algae growth; and
C. An encroachment permit is executed in accordance with City Council Policy
L-6, including authorization for the City to revoke this permit at any time for non-
compliance.
Section 12: Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Building Standards.
Section 15.11.010 Adoption of the California Green Building Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Green Building Standards Code.
Ordinance No. 2019-17
Page 51 of 54
The various parts of this code, along with the amendments and deletions adopted in this
section, shall constitute and be known as the Newport Beach Green Building Standards
Code. A copy of the 2019 California Green Building Standards Code shall be kept on file
in the office of the City Clerk.
Section 13: Chapter 15.13 (Historic Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and replaced with the following:
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 2019 Edition of the California Historical Building Code, California Code of
regulations Title 24, Part 8 and all national codes and standards referenced therein to the
prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Historical Building Code. A copy of the 2019 California Historical Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 14: Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and replaced with the following:
Sections:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code.
Ordinance No. 2019-17
Page 52 of 54
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 2019 Edition of the California Existing Building Code, California Code of
Regulations Title 24 Part 10, Appendix A, Chapter A-1, A-2 and A-3,_and all national
codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Existing Building Code. A copy of the 2019 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 15: Chapter 15.17 (Energy Code) is added to the Newport Beach
Municipal Code to read as follows:
Sections:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
Section 15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2019 Edition of the California Energy Code, California Code of Regulations
Title 24, Part 6 and all national codes and standards referenced therein to the prescribed
extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2019 California Energy Code, printed in code
book form, shall be kept on file in the office of the City Clerk.
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.
Ordinance No. 2019-17
Page 53 of 54
Section 18: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
Section 19: Prior provisions of Chapters 15.02, 15.03, 15.04, 15.05, 15.06, 15.07,
15.08, 15.09, 15.11, 15.13, 15.14 and 15.17 adopting the 2016 CBC are hereby repealed
and replaced by this ordinance. Except as expressly modified herein, all other sections,
subsections, terms, clauses and phrases set forth in Title 15 (Building and Construction)
and the Newport Beach Municipal Code shall remain unchanged and in full force and
effect.
Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2020 pursuant to California Health and Safety
Code Sections 17958 and 18941 and Government Code Section 36937(e).
Ordinance No. 2019-17
Page 54 of 54
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 5th day of November, 2019, and adopted on the 19th day of
November, 2019, by the following vote, to -wit:
AYES: Mayor Dixon, Mayor Pro Tem O'Neill Council Member Avery Council
Member Brenner, Council Member Duffield Council Member Herdman Council
Member Muldoon
NAYS:
ABSENT:
ATTEST:
c
LEILANI I. BROWN, C TY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
�AARO C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2019-17 was duly introduced on the 5th day of November, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 19th day of November, 2019, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 20th day of November, 2019.
W1,11YVENw Vm/%711/'jVfid,,
Leilahi I. Brown, MMCF
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2019-17 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 9, 2019
Adopted Ordinance: November 23, 2019
In witness whereof, I have hereunto subscribed my name this day of O�J
2019.
6mw--
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California