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HomeMy WebLinkAbout2022-83 - Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the CalRESOLUTION NO. 2022-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING CODE AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE AS REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS WHEREAS, Health and Safety Code Section 17958 mandates that the City of Newport Beach ("City") adopt ordinances and regulations imposing the same, modified, or changed requirements as are contained in the regulations adopted by the State of California ("State") pursuant to Health and Safety Code Section 17922; WHEREAS, the State is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Building Code based on the 2021 International Building Code of the International Code Council, the 2022 California Residential Code based on the 2021 International Residential Code, the 2022 California Green Building Standards Code, the 2022 California Plumbing Code based on the 2021 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the 2022 California Mechanical Code based on the 2021 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, and the 2022 California Electrical Code based on the 2020 National Electrical Code of the National Fire Protection Association, the 2022 California Energy Code, the 2022 Historical Code, and the 2022 Existing Building Code (hereinafter referred to collectively as ("Codes"); WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic, or topographic conditions; WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to Health and Safety Code Section 17958.5 make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; Resolution No. 2022-83 Page 2 of 11 WHEREAS, the Chief Building Official has recommended that changes and modifications be made to the Codes and has advised that these changes and modifications to the model codes are reasonably necessary due to local conditions in the City and has further advised that the remainder of said changes and modifications are administrative or procedural in nature; and WHEREAS, a copy of this resolution together with the ordinance adopting the City Codes shall be filed with the California Building Standards Commission and the California Department of Housing and Community Development by the City Clerk of the City of Newport Beach as required by state law. NOW THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the following changes and modifications to the 2021 Edition of the International Property Maintenance Code, 2021 International Swimming Pool and Spa Code, 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, and 2022 California Plumbing Code, as recommended by the Chief Building Official, and finds that the changes are necessary due to local climatic, geographic or topographic conditions: INTERNATIONAL PROPERTY JUSTIFICATION/EXPRESS FINDINGS MAINTENANCE CODE SECTION Chapter 1 Reference to Newport Beach Admin. Code 302.4 (Weeds) Reference to Newport Beach Admin. Code 303.2 (Enclosures) Make consistent with the California Building Code CALIFORNIA BUILDING CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS 105.2 (Work Exempt from Permit) a, b, c, d, e, f, g, h 701 A.1 (Scope) d, e, f 701A.3 (Delete Exception #5) d, e, f Resolution No. 2022-83 Page 3 of 11 701 A.3.1 (Delete Exception #2) d, e, f 702A (Def. Unenclosed Covered Structure) d, e, f 710A.3.4 (Miscellaneous Structure requirements) d, e, f 903.2 (Sprinkler Requirement Commercial) c, d, e 903.2.8 (Sprinkler Requirement Residential) a, c, d, e 903.2.8 Item 2 Exceptions #1 and #2 Comply with AB2221 and SB897 amendment to Gov. Code 65852.2 (a)(1)(D)(xii) and 65852.2(e)(3) 1505.1 (Minimum Roof Covering Classification for Types of Construction) d,e,f 1505.1.2 (Roof Coverings within all other areas) d, e,f 1612.3 (Establishment of Flood Hazard Areas) i, j 1704.2.1 (Special Inspector Qualifications) g, h, i 1905.1.7 (Delete Exceptions 1 through 3) g, h, i CALIFORNIA RESIDENTIAL CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS R115 (Existing Buildings) a, b, h, i R301.1.1.1 (Deleted) e, f, g, h, i, j R301.1.3 — R301.1.3.3 (Engineered Design) a, b, d, c, g, h, i, j R301.2, Table R301.2 g, h, j Table R301.2, footnote g j R301.2.4 — R301.2.4.1 (Floodplain Construction & Alternate provisions) h,i,j R309.3 (Flood Hazard Areas) i, j R313 (Replaced with CBC 903.2.8) a, b, c, e, i Resolution No. 2022-83 Page 4 of 11 R319.1(Address Identification) k, R322 (Adding Floodplain Management Ordinance) h' i' R337 (Materials and Construction Method of Additional reference to California Exterior Wildfire Exposure) Building Code R341 (Sound Transmission) I, Additional reference to California Building Code R401.4 (Geotechnical Investigations) a, b, c, g, h, i, j, Additional reference to California Building Code R404 (Deleted) a, b, c, g, h, i, j R405.1 (Basement Wall Drainage) i, j R902 (Roof Classification) d, e, f, Additional reference to California Building Code CALIFORNIA ELECTRICAL CODE JUSTIFICATION/EXPRESS FINDINGS SECTIONS R358.10(A) (EMT — Uses Permitted) i, j R358.10B (EMT — Uses Permitted) i, j CALIFORNIA MECHANICAL CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS 103.5 (Modifications) Make consistent with the California Building Code 107.1 (Appeals) Make consistent with the California Building Code CALIFORNIA PLUMBING CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS 103.5 (Modifications) Make consistent with the California Building Code Resolution No. 2022-83 Page 5 of 11 Make consistent with the California 107.1 (Appeals) Building Code INTERNATIONAL SWIMMING POOL AND JUSTIFICATION/EXPRESS FINDINGS SPA CODE SECTION Administrative change by Chartered 101.1 (Title) City Administrative change by Chartered 101.2 (Scope) City Administrative change by Chartered 102 through 114 (Delete Sections) City Make consistent with the California 201.3 (Terms) Codes Make consistent with California 202 (Definitions) Swimming Pool Safety Act 301.1 (Scope) n m, Make consistent with the 302.1 (Electrical) California Codes Make consistent with the California 302.2 (Water service and drainage) Codes Make consistent with the California 302.5 (Backflow protection) Codes Make consistent with the California 302.E (Wastewater discharge) Codes 303.1 (Energy consumption of pools and Make consistent with the California permanent spas) Codes Make consistent with the California 303.1.1 through 303.3 (Deleted) Codes 304.2 (Floodplain Construction) i, j 305.1 (General) n, Administrative change by Resolution No. 2022-83 Page 6 of 11 Chartered City m, Administrative change by 305.2 (Swimming Pools and Spa) Chartered City Make consistent with California 305.2.1(1) (Barrier height and clearance) Swimming Pool Safety Act Administrative change by Chartered 305.2.4 (Deleted) City Make consistent with California 305.3.3 (Latch release) Swimming Pool Safety Act Make consistent with California 305.5(1) and (2) (Pool Structure as a barrier) Swimming Pool Safety Act Additional reference to California 306.1 (General) Codes 306.4 (Deck steps handrail required) n Table 306.5 (Minimum Drainage Slopes for Make consistent with the California Deck Surfaces) Building Code Additional reference to California 306.9.1 (Hose bibbs) Codes Additional reference to California 307.1.1 (Glazing in hazardous locations) Codes Additional reference to California 307.1.3 (Roofs or canopies) Codes Additional reference to California 307.1.4 (Accessibility) Codes 307.2.2 (Materials and structural design) Additional reference to California Codes n, Administrative change by 310.1 (Exception #2) Chartered City 316.4 (Installation) Additional reference to California Codes Resolution No. 2022-83 Page 7 of 11 316.6.1 (Installation) Additional reference to California Codes Additional reference to California 318.2 (Protection of potable water supply) Codes J, Administrative change by 320.1 (Backwash water or draining water) Chartered City 320.2 and 320.3 (Deleted) Administrative change by Chartered City 321 (General, Residential pool and deck Additional reference to California illumination) Codes Chapter 4 (Deleted) n Chapter 5 (Deleted) n Chapter 6 (Deleted) n 703.1 (General) Additional reference to California Codes 802.1 (Materials of components and Additional reference to California accessories) Codes 802.2 (Structural design) Additional reference to California Codes 901.2 (General) Administrative change by Chartered City 903 (Added Section) Administrative change by Chartered City 904 (Added Section) Administrative change by Chartered City 905 (Added Section) Administrative change by Chartered City 906 (Added Section) Administrative change by Chartered City 907 (Added Section) Administrative change by Chartered Resolution No. 2022-83 Page 8 of 11 a. The City of Newport Beach is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires. Control of such fires requires a rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, the amount of wind force at 60 ft. above the ground puts rescue personnel at increased risk of injury when they are using aerial -type firefighting apparatus above this height. b. The City of Newport Beach is located in a seismically active area. The public water system may be damaged after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. C. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, and due to the seismic activity and the expected infrastructure damage inherent in a seismic hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate extended Fire Department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. d. Many areas of Newport Beach have developments abutting wildland and canyons with significant growths of vegetation of a highly combustible nature, classified as Very High Fire Hazard Severity Zones. e. The City of Newport Beach, especially the foothill areas, is geographically located in an area periodically subject to high temperature dry Santa Ana wind conditions of high velocity. Moreover, the topographical conditions of the foothill areas and canyons contained therein tend to accelerate the periodic high velocity winds by means of a venturi effect. The use of non -rated or special purpose roofing materials as roof coverings within the City of Newport Beach may create an inordinate fire hazard during periods of high velocity winds when fire may spread across buildings with roof coverings of non -rated combustible materials. Embers from chimneys without spark arresters within the City of Newport Beach, including the foothill areas, coupled with the climatic, topographic and geographic conditions described herein above, may permit the throwing of sparks, embers and cinders upon non -rated and special purpose roofing material roofs during periods of high velocity winds, thereby creating a fire hazard which in turn may spread Resolution No. 2022-83 Page 9 of 11 throughout areas where the roofs of structures are covered with wood shakes and shingles. g. The City of Newport Beach is subject to seismic activity which may result in damage to existing structures that do not comply with current code. Repair of earthquake damage according to California Existing Building Code requires upgrading the existing building to a standard higher than that to which it was built, which creates a financial hardship for the building owner to repair an earthquake -damaged structure or strengthen it prior to a seismic event. The California Existing Building Code provides a reasonable performance standard for strengthening and repair of structures. The Federal Emergency Management Agency ("FEMA") requires adoption of performance standards for the repair of damaged structures as a condition of financial assistance after disasters. h. The City of Newport Beach is located in a seismically active area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The City of Newport Beach contains coastal bluffs and hilly areas subject to landslides, earth induced landslides and it has coastal areas subject to flooding and liquefaction. The City of Newport Beach has coastal and bay front areas with sandy soils and a shallow water table at the same elevation as bay water elevation which fluctuates with the tide. Sandy soils and high ground water level may cause the soils to liquefy during a seismic event. The City of Newport Beach contains low lying coastal areas subject to flooding from sustained rain with tides which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through back bay. Other oceanfront areas are subject to flooding from storm -driven high waves run up and overtop coastal beach berms. West Newport Beach is subject to flooding from the Santa Ana River and storm events with tides. The City of Newport Beach participates in the Federal Flood Insurance Program and has adopted a FEMA-required flood management ordinance with flood mitigation measures including construction requirements contained in Newport Beach Municipal Code Chapter 15.50. k. Newport Beach is located in Southern California and can be subject to air pollution, water and power shortages, climate change, and potential pollution of bay water. Resolution No. 2022-83 Page 10 of 11 Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography. M. The City of Newport Beach is a Charter City, therefore; topographical, geographical and climatic conditions are not required to amend the administrative provisions within the code. n. City of Newport Beach does not have jurisdiction over Public Pools. The enforcing agencies for Public Pools are the California Department of Public Health and the local health agency, County of Orange Health Care Agency, per Health and Safety Code Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the California Building Code. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2022-83 Page 11 of 11 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 15th day of November 2022. ATTEST: Leilani I. Brown City Clerk P APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C�v1 Aarbn C. Harp City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH f 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; the foregoing resolution, being Resolution No. 2022-83 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 15th day of November, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None ABSENT: Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 16th day of November, 2022. Leilani I. Brown City Clerk Newport Beach, California From: HCD Building Standards(cbHCD To: man. Eric Cc: Brown, Leilani Subject: RE: Ordinance Filing: City of Newport Beach Date: December 02, 2022 10:25:14 AM Attachments: imaae001.Dna image003.pnng [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello, Thank you for contacting the California Department of Housing and Community Development (HCD). We are in receipt of your submitted correspondence. A HCD Representative will reach out if there are any questions or comments. Thank you, Tyler Mayo Codes and Standards Representative From: Bryan, Eric <EBryan@newportbeachca.gov> Sent: Friday, December 2, 2022 10:11 AM To: HCD Building Standards@HCD <HCDBuildingStandards@hcd.ca.gov> Cc: Brown, Leilani <LBrown@newportbeachca.gov> Subject: Ordinance Filing: City of Newport Beach Hello: Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title 15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24. Please acknowledge receipt. Thank you, Eric Bryan, CRM/CIGO Deputy City Clerk, City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 1 92660 T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Bryan, Eric To: ordinancefilinas(c0das.ca.a0v Cc: Brown, Leilani Subject: Ordinance Filing: City of Newport Beach Date: December 02, 2022 10:11:36 AM Attachments: imaae001.Dna Resolution 2022-83.Ddf Resolution 2022-84.Ddf Ordinance 2022-26.Ddf Ordinance 2022-27.Ddf image003.pnng Hello: Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title 15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24. Please acknowledge receipt. Thank you, Eric Bryan, CRM/CIGO Deputy City Clerk, City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 192660 T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.