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Home My WebLink About21 - Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local AmendmentsQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 15, 2022 Agenda Item No. 21 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Tonee Thai, Deputy Community Development Director / Chief Building Official, tthai@newportbeachca.gov Kevin Bass, Fire Marshal, kbass@nbfd.net PHONE: 949-644-3277 949-644-3108 TITLE: Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments ABSTRACT: The City of Newport Beach (City) enforces State of California (State) model building standards and fire codes for the purpose of regulating design and construction of all structures to protect life and property. Every three years, the State adopts new codes. Local agencies must adopt the same codes and make amendments with specific findings 30 days prior to the January 1, 2023, effective date of the new codes. Attached for the City Council's consideration is the resolution making specific findings to the proposed City amendments along with draft ordinances introducing the revised codes. If passed, this item will return for final adoption of the ordinances on November 29, 2022. RECOMMENDATION: a) Conduct a public hearing; b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA Guidelines, because the code adoption and amendment will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution 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; 21-1 Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments November 15, 2022 Page 2 d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-26, 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 11 of the 2022 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2022 California Historical Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; and the 2022 California Energy Code; to Adopt with Local Amendments the 2021 International Property Maintenance Code; the 2022 Edition of the 2022 California Building Code; the 2022 Edition of the California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; and the 2022 California Plumbing Code; to Adopt with Local Amendments the 2021 International Swimming Pool and Spa Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain Management, and pass to second reading on November 29, 2022; e) Adopt Resolution No. 2022-84, 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 2022 Edition of the California Fire Code as Reasonably Necessary Because of Local Climactic Geographic, or Topographic Conditions; and f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2022 Edition of the California Fire Code, as set forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments, and pass to second reading on November 29, 2022. DISCUSSION: The California Building Standards Code is published every three years and amends the California Code of Regulations Title 24. These codes are commonly referred to as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy Codes. The City may only make more restrictive modifications and amendments if the City Council adopts findings relating to local climatic, topographic and geographic conditions, and said findings are filed with the California Building Standards Commission. The California Building Standards Commission has established January 1, 2023, as the statewide effective date for all the 2022 California Building Standards Codes. All local municipalities are required to enforce such codes as the minimum design standards and construction codes. The proposed amendment to Title 15 will modify Chapter 15.09 and will incorporate the requirements of the International Swimming Pool and Spa Code, which is not adopted by the State as a model code. 21-2 Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments November 15, 2022 Page 3 This code adoption cycle, staff recommends less amendments to the California Building Standards Code compared to the previous cycle to reduce regulations and streamline the building permitting process. If the item moves forward to November 29, 2022, the City Council's approval of the ordinances would result in the amendment of Title 15 of the Newport Beach Municipal Code (NBMC) by repealing references to the prior editions of the building standards codes and enacting the most current California Building Standard codes and International Codes: 2022 California Building Code 2022 California Fire Code 2022 California Residential Code 2022 California Electrical Code 2022 California Mechanical Code 2022 California Plumbing Code 2022 California Green Building Standards Code (Cal Green) 2022 California Historical Building Code 2022 California Existing Building Code 2021 International Property Maintenance Code 2021 International Swimming Pool and Spa Code Community Outreach On October 4, 2022, staff held a community workshop to gain input on the proposed draft ordinance and amendments and more than 40 members of the public and design community attended. Copies of the building and fire draft code amendment ordinance were provided and the workshop was positively received by the attendees. Though no amendments were requested, several participants requested future City - sponsored seminars to address various subjects such as exiting and accessibility. Building and Fire Board of Appeals On October 19, 2022, the Building and Fire Board of Appeals (Board) convened with five members of the Board in attendance. Staff presented the proposed draft amendments. The Board did not recommend any changes and supported the code amendments as presented. Municipal Code Amendments The following is a summary of some of the key amendments proposed for incorporation into the NBMC: a. NBMC Section 15.02.085 would require the permittee to use a City - franchised solid waste enterprise for handling removal and disposal of all construction and demolition waste for a demolition permit, for complete demolition of a structure. This provision was inadvertently omitted with the adoption of Ordinance No. 2010-23. 21-3 Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments November 15, 2022 Page 4 b. NBMC Section 15.04.090 would exempt the fire sprinklers requirement for accessory dwelling units when the existing primary residence is not equipped with fire sprinklers. The construction of an accessory dwelling unit shall not trigger the requirement for fire sprinklers to be installed in the existing building. c. NBMC Section 15.19.060 would incorporate the timeline requirements for acceptance and approval of permit applications for the installation of electric vehicle charging stations. These timeline requirements are compliant with AB 970 (Chapter 710, Statutes 2021) which becomes operative on January 1, 2023, for cities with a population of less than 200,000 residents. d. NBMC Section 15.50 would be revised to clarify the definition of Design Flood Elevation and to incorporate the requirement for 1-foot of freeboard above the Base Flood Elevation for minimum height of the lowest floor for new and substantially improved/damaged buildings in Special Flood Hazard Areas. The 1-foot freeboard requirement is intended to be consistent with the changes in minimum requirements for the Community Rating System (CRS) implemented by the "Addendum to the 2017 CRS Coordinator's Manual," which was issued by FEMA and went into effect on January 1, 2021. e. NBMC Section 9.04.380 would require the property owners of existing structures to be improved with the installation of 1/8" mesh screening to protect ventilation openings from ember intrusion in the event of a wildfire. This amendment is consistent with the Cal Fire Low Cost Retrofit document request for homeowners to improve their homes and other structures from flying hot embers during a wind driven wildfire. f. NBMC Section 9.04.385 would require property owners to trim existing trees from hanging over or touching structures to reduce burning vegetation from igniting structures. The Insurance Institute for Business & Home Safety, in cooperation with the National Fire Protection Association (NFPA) recommends no trees within five (5) feet of structures to reduce the spread of burning vegetation to the structures. g. NBMC 9.04.386 would require property owners to create and maintain a 1-foot wide noncombustible zone at the base of new and existing structures to prevent falling embers from igniting structures in the event of a wildfire. The California Department of Insurance's recently published Safer from Wildfire program recommends a 6-inch wide noncombustible zone at the base of structures to protect from embers during a wildfire. Newport Beach Fire Department recommends a 1-foot zone for additional separation from existing mature residential landscaping within the established Very High Fire Severity Zone. 21-4 Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments November 15, 2022 Page 5 FISCAL IMPACT: There is no direct fiscal impact related to the City for this action. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this 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. NOTICING: Notice of this hearing was published in the Daily Pilot at least 10 days in advance of this hearing. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A — Resolution No. 2022-83 Attachment B — Ordinance No. 2022-26 Attachment C — Redline of NBMC Chapter 15 Attachment D — Resolution No. 2022-84 Attachment E — Ordinance No. 2022-27 Attachment F — Redline of California Fire Code Amendments Attachment G — Map of the Very High Fire Hazard Severity Zone 21-5 Attachment A Resolution No. 2022-83: Adopting Findings to the Amendments to the California Building Standards Code and Other Related Codes 21-6 RESOLUTION 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; 21-7 Resolution No. 2022- 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 Reference to Newport Beach Admin. Chapter 1 Code Reference to Newport Beach Admin. 302.4 (Weeds) Code Make consistent with the California 303.2 (Enclosures) 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 21-8 Resolution No. 2022- Page 3 of 11 701A.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 21-9 Resolution No. 2022- Page 4 of 11 R319.1(Address Identification) k, R322 (Adding Floodplain Management h, i, Ordinance) R337 (Materials and Construction Method of Additional reference to California Exterior Wildfire Exposure) Building Code I, Additional reference to California R341 (Sound Transmission) Building Code a, b, c, g, h, i, j, Additional reference R401.4 (Geotechnical Investigations) to California Building Code R404 (Deleted) a, b, c, g, h, i, j R405.1 (Basement Wall Drainage) i, j d, e, f, Additional reference to R902 (Roof Classification) 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 JUSTIFICATION/EXPRESS FINDINGS SECTIONS Make consistent with the California 103.5 (Modifications) Building Code Make consistent with the California 107.1 (Appeals) Building Code CALIFORNIA PLUMBING CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS Make consistent with the California 103.5 (Modifications) Building Code 21-10 Resolution No. 2022- 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 10 1. 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 302.6 (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 21-11 Resolution No. 2022- Page 6 of 11 Chartered City 305.2 (Swimming Pools and Spa) m, Administrative change by 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 j 307.1.4 (Accessibility) Codes Additional reference to California 307.2.2 (Materials and structural design) Codes n, Administrative change by 310.1 (Exception #2) Chartered City Additional reference to California 316.4 (Installation) Codes 21-12 Resolution No. 2022- Page 7 of 11 Additional reference to California 316.6.1 (Installation) 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 Administrative change by Chartered 320.2 and 320.3 (Deleted) 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 Additional reference to California 703.1 (General) Codes 802.1 (Materials of components and Additional reference to California accessories) Codes Additional reference to California 802.2 (Structural design) Codes Administrative change by Chartered 901.2 (General) City Administrative change by Chartered 903 (Added Section) City Administrative change by Chartered 904 (Added Section) City Administrative change by Chartered 905 (Added Section) City - Administrative change by Chartered 906 (Added Section) City 907 (Added Section) Administrative change by Chartered 21-13 Resolution No. 2022- Page 8 of 11 City 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 21-14 Resolution No. 2022- 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. i. The City of Newport Beach has coastal and bay front areas with sandy soils and a shallow water table at the same elevation as bay water elevation which fluctuates with the tide. Sandy soils and high ground water level may cause the soils to liquefy during a seismic event. 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. 21-15 Resolution No. 2022- Page 10 of 11 I. 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. 21-16 Resolution No. 2022- 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. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aa on C. Harp City Attorney 21-17 Attachment B Ordinance No. 2022-26 - Adopting the California Building Standards Code and Other Related Codes 21-18 ORDINANCE NO. 2022- 26 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 2022 CALIFORNIA BUILDING CODE DESIGNATED AS THE NEWPORT BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2022 CALIFORNIA HISTORICAL CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022 CALIFORNIA ENERGY CODE; TO ADOPT WITH LOCAL AMENDMENTS THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2022 EDITION OF THE 2022 CALIFORNIA BUILDING CODE; THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; AND THE 2022 CALIFORNIA PLUMBING CODE; TO ADOPT WITH LOCAL AMENDMENTS THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AND TO AMEND CHAPTERS 15.19 ELECTRICAL VEHICLE CHARGING AND 15.50 FLOODPLAIN MANAGEMENT WHEREAS, Section 200 of the City of Newport Beach ("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 ("State"); WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("BSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property; 21-19 Ordinance No. 2022- Page 2 of 59 WHEREAS, the 2022 Edition of the California Building Standards Code ("CBC") is based on the 2021 International Building Code. The CBC published by the BSC in Title 24, Part 1; Part 2 Volume I & II; Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, and Part 11 are mandated to be enforced on January 1, 2023. In order to include our local amendments and enhance life safety and property protection, the City must complete its adoption process thirty (30) days prior to January 1, 2023. The adoption of the code into the City Municipal Code provides for an orderly administration of the codes by City Building and Fire officials; 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 (Buildings and Construction) of the Newport Beach Municipal Code (NBMC); WHEREAS, to aid in efficiency and clarity, portions of Title 15 (Buildings and Construction) are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the CBC that are correlated with the findings in Resolution No. 2022-_ adopted by the City Council of the City of Newport Beach on November 15, 2022. When approved, the ordinance and accompanying resolution will be forwarded to the BSC in compliance with the above mentioned 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 City is a charter city, governed by a charter adopted by the citizens of the City; WHEREAS, Article XI, Section 5 of the Constitution of the State authorizes charter cities to enact ordinances with respect to their municipal affairs; 21-20 Ordinance No. 2022- ' Page 3 of 59 WHEREAS, the City participates in the Nation Flood Insurance Program (NFIP) with Federal Emergency Management Agency to reduce flooding from storm events and wave run-up by retention and/or percolation; WHEREAS, the City's effort to improve 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; WHEREAS, the City reviewed the grading and drainage requirements from the Federal Emergency Management Agency with the NBMC Section 15.10.120 to ensure consistency and continued compliance with the NFIP; and WHEREAS, the 2022 CBC is similar to the 2019 version; the attached ordinance contains similar provisions as adopted by the City Council in 2019. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.02 ADMINISTRATIVE CODE 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15.02.030 Amendment to Section 101.4.3. 15.02.040 Amendment to Section 101.4.4. 15.02.050 Amendment to Section 102.6. 15.02.060 Addition of Section 102.7. 15.02.070 Amendment to Section 103.1. 15.02.080 Amendment to Section 105.2. 15.02.085 Addition of Section 105.3.1.1. 15.02.090 Amendment to Section 105.3.2. 21-21 Ordinance No. 2022- Page 4 of 59 15.02.095 Addition of 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. Section 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 2022 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 2022 California Building Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 15.02.020 Amendment to Section 101.1. Section 101.1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." Section 15.02.030 Amendment to Section 101.4.3. 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. i Section 101.4.4 is amended to read as follows: I Section 101.4.4 Property maintenance. The provisions of the 2021 International Property Maintenance Code shall be adopted as the Newport Beach Property 21-22 Ordinance No. 2022- Page 5 of 59 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 Section 102.7. Section 102.7 is added to read as follows: Section 102.7 Remodel or renovation. If the valuation of the permit for the remodel or renovation of a building is equal to or exceeds 50 percent of the market value of such building, then the entire building shall comply with the Code provisions for new construction. Exceptions: 1. This provision does not apply for permit valuations less than $320,700; 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 21-23 Ordinance No. 2022- Page 6 of 59 Official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. 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. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above ground; unless otherwise required by other provisions of the code. Section 15.02.085 Addition of Section 105.3.1.1. Section 105.3.1.1 is added as follows: Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition .Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes. 21-24 Ordinance No. 2022- Page 7 of 59 If the Building Official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the Municipal Operations Department no less than twenty-four hours or more than seventy-two hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject the project to suspension of work as authorized in this code. Section 15.02.090 Amendment to Section 105.3.2. Section 105.3.2 is amended to read as follows: Section 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant 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. Section 15.02.095 Addition of Sections 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. 21-25 Ordinance No. 2022- Page 8 of 59 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: 1. Application for Extension to Building Official. a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, 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 three hundred and sixty-five (365) calendar days; (v) how many previous extensions have been granted; (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. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) calendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been 21-26 Ordinance No. 2022- Page 9 of 59 made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non -appealable. 2. Application for Additional Extension(s). a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional 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; (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 filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule. 3. Scheduling and Noticing. a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third 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 21-27 Ordinance No. 2022- Page 10 of 59 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. 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 21-28 Ordinance No. 2022- Page 11 of 59 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. 4. Conduct of Hearing. a) A hearing shall be held at the date, time, and place for which notice was given. 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 21-29 Ordinance No. 2022- Page 12 of 59 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. 5. 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. 6. 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 be recommenced, a new permit shall be first obtained to do so, and the permittee shall pay a new permit fee except for permits for suspended or abandoned work where inspections were previously recorded the fee shall be one half the amount required for a new permit for such work, provided no changes 21-30 Ordinance No. 2022- Page 13 of 59 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 minimum 15 days prior to the permit expiration in writing and justifiable cause demonstrated. Section 15.02.110 Amendment to Section 109.4. Section 109.4 is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee in addition to the required permit fees. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all applicable provisions of either the codes or 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 amended to read as follows.: 21-31 Sections: Ordinance No. 2022- Page 14 of 59 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, 111.1, 111.2, 111.4, 111.7, and 111.8. 15.03.030 Amendment to Section 101.1. 15.03.040 Amendment to Section 102.3. 15.03.045 Amendment to Section 302.4. 15.03.050 Amendment to Section 303.2. Section 15.03.010 Adoption of the International Property Maintenance Code. The City Council adopts and incorporates by reference, as set forth in full in this section, the 2021 International Property Maintenance Code, as published by the International Code Council. The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Property Maintenance Code. A copy of the 2021 International Property Maintenance Code shall be kept on file in the office of the Building' Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8. Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8. 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. 21-32 Ordinance No. 2022- Page 15 of 59 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 Municipal Code. Section 15.03.045 Amendment to Section 302.4. Section 302.4 is amended to read as follows: Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth that create a fire hazard or are overgrown in a way that they obstruct the right of way, block visibility of pedestrians and drivers, or harbor rats; vermin, or insects. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens;. Upon failure of the owner of agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with California Building Code Section 114.3 and as prescribed by the authority having jurisdiction. 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 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: 21-33 Sections: Ordinance No. 2022- Page 16 of 59 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.3.4. 15.04.080 Amendment to Section 903.2. 15.04.090 Amendment to Section 903.2.8. 15.04.100 RESERVED. 15.04.110 Amendment to Table 1505.1. 15.04.120 Amendment to Section 1505.1.2. 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 2022 Edition of the California Building Code, Volumes 1 and 2, including Appendix C, I, and all national codes and standards referenced therein, based on the 2021 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 2022 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. 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 21-34 Ordinance No. 2022- Page 17 of 59 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. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above ground, 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 No. 5 in its entirety. Section 15.04.050 Amendment to Section 701A.3.1. Section 701A.3.1 is amended by deleting Exception No. 2 in its entirety. Section 15.04.060 Amendment to Section 702A. Section 702A is amended with one addition to read as follows: SECTION 702A DEFINITIONS 21-35 Ordinance No. 2022- Page 18 of 59 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.3.4. Section 710A 3.4 is amended to read as follows: SECTION 710A.3.4 Miscellaneous structure requirements. Miscellaneous structures that require a permit and are separated from an applicable building on the same lot by a distance of more than 3 feet b.ut 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. Section 903.2 is amended to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations: 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. 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 21-36 Ordinance No. 2022- Page 19 of 59 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 addition is added, and the existing building is already provided with an automatic fire sprinkler system. c) More restrictive requirements are required by other provisions of the Code. d) Where a tenant space in an existing building is required to be sprinklered due to the nature of occupancy use, the entire building shall be sprinklered 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: 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: 21-37 Ordinance No. 2022- Page 20 of 59 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 Exceptions: 1. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 2. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory, dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved, subject to the Fire Code Official approval. Section 15.04.100 RESERVED. 21-38 Ordinance No. 2022- Page 21 of 59 Section 15.04.110 Amendment to Table 1505.1. Table 1505.1 is amended to read as follows: TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION' 'See chapter 7A for roof covering requirements. Section 15.04.120 Amendment to Section 1505.1.2. Section 1505.1.2 is amended to read as follows: Section 1505.1.2 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 evey 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. Section 1612.3 first paragraph 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. 21-39 Ordinance No. 2022- Page 22 of 59 Section 15.04.140 Amendment to Section 1704.2.1. Section 1704.2.1 is amended to read as follows: Section 1704.2.1 Special inspector qualifications. The special inspector shall be a qualified person approved by the Chief Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Chief Building Official in writing, noting all code violations and 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 21-40 Ordinance No. 2022- Page 23 of 59 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. Section 15.04.150 Amendment to Section 1905.1.7. Section 1905.1.7 ACI 318, Section 14.1.4 is amended by deleting Exceptions 1 through 3 of section 14.1.4.1 in their entirety. Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.05 RESIDENTIAL CODE 15.05.010 Adoption of the California Residential Code. 15.05.020 Amendment to Section R101.1. 15.05.030 RESERVED. 15.05.040 Deletion of Sections R102 through R114. 15.05.050 Addition of Sections R115. 15.05.060 Deletion of Section R301.1.1.1. 15.05.070 Amendment to Section R301.1.3. 15.05.080 Amendment to Table R301.2. 15.05.090 Amendment to Table R301.2 Footnote g. 15.05.100 Amendment to Section R301.2.4. 15.05.110 Amendment to Section R309.3. 15.05.120 RESERVED. 15.05.130 RESERVED. 15.05.140 RESERVED. 15.05.150 RESERVED. 15.05.160 RESERVED. 15.05.070 RESERVED. 15.05.180 Deletion of Section R313. 15.05.190 Amendment to Section R319.1. 15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. 15.05.210 RESERVED. 21-41 Ordinance No. 2022- Page 24 of 59 15.05.220 Deletion of Section R337. 15.05.230 Addition to Section R341. 15.05.240 Amendment to Section R401.4. 15.05.250 Deletion of Section R404. 15.05.260 Amendment to Section R405.1. 15.05.270 RESERVED. 15.05.280 RESERVED. 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 2022 Edition of the California Residential Code including Appendix AH, and all national codes and standards referenced therein, based on the 2021 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 2022 California Residential Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. 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 RESERVED. 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 the Administrative Code under Chapter 15.02. 21-42 Ordinance No. 2022- Page 25 of 59 Section 15.05.050 Addition of Sections 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 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 wood frame 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 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and . 21-43 Ordinance No. 2022- Page 26 of 59 stamped by a California licensed architect or engineer for all dwellings of a wood frame 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 wood frame. 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. Table R301.2 is amended by completing the table to read as follows: TABLE R3012 ri IMA"r worn r_cnr_owewr nocir_u rol .. GROUND SNOW WIND DESIGN SEtSMICDESIGN SUBJECT TO DAMAGE FROM ICE BARRIER FLOOD AIR U S d° � To ra hic Po9p effects• S lrd wind regi' Windtlome tlhi°` CATEGORY' LOAD• Weetl1ed„g. Frest Termite°REQUIRED"HAZARDS° °ZERO UNDERLAYMENI' I FREEZIN�-,L_g INDEX'(mh) 95 NO ' NO NO D„ D„ D„ORE NEGLIGIBLE NA VERY HEAVY NO MANUAL J DESIGN CRITERIA" Elevation Altitude correction Coincident Indoor winter design dry-bulb Indoor winter design Outdoor winter design ' Heating temperature dif- facctof wct bulb temperature dry-bulb temperature dry-bulb temperature ferenec 10 FEET 1.0 67 70 70 43 30° Indoor summer Indoor summer Latitude Daily range design relative design relative Indoor summer design Outdoor summer design Cooling temperature dif- humidity humidity dry-bulb temperature dry-bulb temperature fcrence 33.608 12 50 1 50 1 75 80 1 15° Section 15.05.090 Amendment to Table R301.2 Footnote g. Table R301.2 footnote g is amended to read as follows: Section Table R301.2 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. 21-44 Ordinance No. 2022- Page 27 of 59 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, and substantial improvement and restoration 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. 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, 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 RESERVED. 21-45 Ordinance No. 2022- Page 28 of 59 Section 15.05.130 RESERVED. Section 15.05.140 RESERVED. Section 15.05.150 RESERVED. Section 15.05.160 RESERVED. Section 15.05.170 RESERVED. Section 15.05.180 Deletion of Section R313. Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.090. Section 15.05.190 Amendment to Section R319.1. Section R319.1 is amended 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 contrast 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 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 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. Section R322 is amended to include the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. 21-46 Ordinance No. 2022- Page 29 of 59 Section 15.05.210 RESERVED. Section 15.05.220 Deletion of Section R337. Section R337 Materials and Construction Method of Exterior Wildfire Exposure is deleted in its entirety and replaced by California Building Code Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.030 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 2022 California Building Code, Title 24, Part 2. Section 15.05.240 Amendment to 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. Section R405.1 is amended by adding Exceptions 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. 21-47 Ordinance No. 2022- Page 30 of 59 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 RESERVED. Section 15.05.280 RESERVED. Section 15.05.290 Amendment to Section R902. Section R902 is deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.110 through 15.04.120. Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.06 ELECTRICAL CODE 15.06.010 Adoption of the California Electrical Code. 15.06.020 RESERVED. 15.06.030 RESERVED. 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 Electrical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Electrical Code based on the 2020 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 2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 21-48 Ordinance No. 2022- Page 31 of 59 Section 15.06.020 Reserved. Section 15.06.030 Reserved. 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(B) Article 358.10(B)(1) and (B)(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 judged suitable 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 amended to read as follows: Chapter 15.07 MECHANICAL CODE Sections: 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. 21-49 Ordinance No. 2022- Page 32 of 59 The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Mechanical Code, based on the 2021 Uniform Mechanical Code, by the International Association of Plumbing and Mechanical Officials,. The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.07.020 Addition of Section 103.5. 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 the Chief Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals. Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: 21-50 Sections: Ordinance No. 2022- Page 33 of 59 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. 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 2022 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2021 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 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. Section 15.08.020 Addition of Section 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: 21-51 Ordinance No. 2022- Page 34 of 59 Section 107.1 General. Appeals of the Chief Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals. Section 8: Chapter 15.09 (Residential Swimming Pool and Spa Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 15.09 RESIDENTIAL SWIMMING POOL AND SPA CODE 15.09.010 Adoption of the International 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 114. 15.09.050 Amendment to Section 201.3. 15.09.060 Amendment and addition to Section 202. 15.09.070 Amendment to Section 301. 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 Deletion and replacement of Section 304.2. 15.09.150 Amendment to Section 305.1. 15.09.160 Rename and Amendment to Section 305.2. 15.09.170 Amendment to Section 305.2.1 Item 1. 15.09.180 Deletion and rename Section 305.2.4. 15.09.190 Amendment to Section 305.3.3. 15.09.200 RESERVED. 15.09.210 RESERVED. 15.09.220 Amendment to Section 305.5 Items 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. 21-52 Ordinance No. 2022- Page 35 of 59 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. 15.09.305 Amendment to Section 310.1 Exception #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. 15.09.350 Deletion of Sections 320.2 and 320.3. 15.09.360 Amendment to Section 321. 15.09.370 Deletion and rename Chapter 4. 15.09.380 Deletion and rename Chapter 5. 15.09.390 Deletion and rename 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 Add Section 903. 15.09.450 Add Section 904. 15.09.460 Add Section 905. 15.09.470 Add Section 906. 15.09.480 Add 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 2021 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 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. ,Section 15.09.020 Amendment to Section 101.1. 21-53 Ordinance No. 2022- Page 36 of 59 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: 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 114. Sections 102 through 114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Newport Beach Municipal Code under 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 and addition to Section 202. Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL definitions are amended and add PRIVATE POOL and SWIMMING POOL OR SPA definitions to read as follows: 21-54 Ordinance No. 2022- Page 37 of 59 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). A pool, other than a private pool. PRIVATE POOL. See Residential Pool. SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool' includes in - ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. Section 15.09.070 Amendment to Section 301. Section 301 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, equipment, and materials. Provisions that are unique to a specific type of residential pool or spa are located in Chapters 7 through 10. Section 301.1.1 Application of Chapters 7 through 10. Where difference occur between the provisions of this chapter and the provisions of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall apply. Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, this code, the 2022 California Building Code, or the 2022 California Residential Code, the Building Official shall implement the most restrictive measures cited. 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 California Electrical Code. 21-55 Ordinance No. 2022- Page 38 of 59 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: 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 Deletion and replacement of Section 304.2. 21-56 Ordinance No. 2022- Page 39 of 59 Section 304.2 is deleted in its entirety and replace with: 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 Rename and Amendment to Section 305.2. Section 305.2 is renamed and amended to read as follows: Section 305.2 Swimming pools and spas. Pools and spas shall be surrounded by a permanent barrier that complies with Sections 305.2.1 through the end of Section 305. Section 15.09.170 Amendment to Section 305.2.1 Item 1. Section 305.2.1 Item 1 is amended to read as follows: 1. The top of the barrier shall be not less than 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 3 feet measured horizontally from the outside of the required barrier. Section 15.09.180 Deletion and rename Section 305.2.4. Section 305.2.4 is deleted in its entirety and renamed to read as follows: Section 305.2.4 Reserved Section 15.09.190 Amendment to Section 305.3.3. Section 305.3.3 is amended to read as follows: 21-57 Ordinance No. 2022- Page 40 of 59 Section 305.3.3 Latch release. Where the door or gate latch release mechanism of the self -latching device is located less than 60 inches from grade, the release mechanism shall be located on the pool or spa side of the gate not less than 3 inches below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch within 18 inches of the release mechanism. Section 15.09.200 RESERVED. Section 15.09.210 RESERVED. Section 15.09.220 Amendment to Section 305.5 Items 1 and 2. Section 305.5 Items 1 and 2 are amended to read as follows: 1. 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. 21-58 Ordinance No. 2022- Page 41 of 59 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) 1, Exposed aggregat 1r4 Textured. hand -finished concrete 1/8 Travertineibrick-set paters, public pools or spas 3/8 Travertine/brick-set pavers, residential pools or spas 1!S Wood 11s 'Viroodplastic composite 1/s For SL- 1 inch = 25.4 mail 1 foot = 304.8 aim_ Section 15.09.260 Amendment to Section 306.9.1. Section 306.9.1 is amended to read as follows: 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. 21-59 Ordinance No. 2022- Page 42 of 59 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 15.09.305 Amendment to Section 310.1 Exception #2. Section 310.1 Exception #2 is amended to read as follows: 2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate 100 percent of the circulations system flow rate. Section 15.09.310 Amendment to Section 316.4. Section 316.4 is amended to read as follows: 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: 21-60 Ordinance No. 2022- Page 43 of 59 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 Al12.1.2 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. Wastewater from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type of receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Design Flood Elevation (DFE) 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. Section 15.09.350 Deletion of Sections 320.2 and 320.3. Sections 320.2 and 320.2 are deleted in their entirety. Section 15.09.360 Amendment to Section 321. Section 321 is deleted in its entirety and replace with the following: Section 321.1 General. The provision of Section 321.2 shall apply to lighting for residential pools and spas. 21-61 Ordinance No. 2022- Page 44 of 59 Section 321.2 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 and Rename of Chapter 4. Chapter 4 is deleted in its entirety and renamed to read as follows: Chapter 4 Reserved. Section 15.09.380 Deletion and Rename of Chapter 5. Chapter 5 is deleted in its entirety and renamed to read as follows: Chapter 5 Reserved. Section 15.09.390 Deletion and Rename 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: 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. 21-62 Ordinance No. 2022- Page 45 of 59 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 Add Section 903. Section 903 is added 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 Add Section 904. Section 904 is added as follows: Section 904 STRUCTURE AND DESIGN 904.1 Water depth. The maximum water depth for spas shall be 4 feet measured from the design waterline. The water depth for exercise spas shall not exceed 6 feet 6 inches measured from the design waterline. 904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches measured from the design waterline to the lowest measurable point. 21-63 Ordinance No. 2022- Page 46 of 59 904.3 Floor slope_. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). Where multilevel floors are provided,, the change in depth shall be indicated. Section 15.09.460 Add Section 905. Section 905 is added 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 Add Section 906 Section 906 is added as follows: Section 906 HEATER AND TEMPERATURE REQUIREMENTS 906.1 General. This section pertains to fuel -fired and electric appliances used for heating spa or exercise spa water. 21-64 Ordinance No. 2022- Page 47 of 59 906.2 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 (60°C). Section 15.09.480 Add 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 (40°C). Section 9: Chapter 15.11 (Green Building Standards Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.11 GREEN BUILDING STANDARDS CODE 15.11.010 Adoption of the California Green Standards. Section 15.11.010 Adoption of the California Green Standards Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Green Building Standards Code. 21-65 Ordinance No. 2022- Page 48 of 59 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 Standards Code. A copy of the 2022 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 10: Chapter 15.13 (Historical Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.13 HISTORICAL BUILDING CODE 15.13.010 Adoption of the California Historical Building Code. Section 15.13.010 Adoption of the California Historical Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 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 2022 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows: Sections: Chapter 15.14 EXISTING BUILDING CODE 15.14.010 Adoption of California Existing Building Code. Section 15.14.010 Adoption of the California Existing Building Code. 21-66 Ordinance No. 2022- Page 49 of 59 The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 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 2022 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed 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 2022 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 2022 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. Section 13: Portions of Chapter 15.19 (Electric Vehicle Charging Stations) of the Newport Beach Municipal Code are amended as follows: Section 15.19.010 Amendment to Section 15.19.010 Purpose. Section 15.19.010 is hereby amended to read as follows: 21-67 Ordinance No. 2022- Page 50 of 59 The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with Assembly Bill (AB) 1236 (Chapter 598, Statutes 2015) and Assembly Bill (AB) 970 (Chapter 710, Statutes 2021) to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this chapter encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. The provisions of this chapter further allow the City to achieve these goals while. protecting the public's health, welfare and safety. Section 15.19.060 Amendment to Section 15.19.060 Permit Review Requirements to add items I and J. Section 15.19.060 is hereby amended by the addition of the following items: I. The following timeline is established for the application for permits for electric vehicle charging stations. 1. An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in 15.19.060(I)(2) has elapsed, both of the following are true: a. The Building Official has not deemed the application complete, consistent with the checklist created by the. City pursuant to Section 15.19.050. b. The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with 15.19.060(H): 2. For the purposes of 15.19.060(I)(1) "Applicable time period means" either of the following: a. Five business days after submission of the application to the City, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. 21-68 Ordinance No. 2022- Page 51 of 59 b. Ten business days after submission of the application to the City, if the application is for more than 25 electric vehicle charging stations at a single site. J. The following timeline is established for the approval for permits for electric vehicle charging stations. 1. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in 15.19.060(J)(2) has elapsed and all of the following are true: a. The Building Official has not administratively approved the application pursuant to 15.19.060(A). b. The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact -upon the public health or safety or required the applicant to apply for a use permit pursuant to 15.19.060(B). c. The Building Official has not denied the permit pursuant to 15.19.060(D). d. An appeal has not been made to the Planning Commission pursuant to 15.19.060(E). 2. For the purposes of 15.19.060(J)(1) "Applicable time period means" either of the following: a. Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. b. Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. Section 14: Portions of Chapter 15.50 (Floodplain Management) of the Newport Beach Municipal Code are amended as follows: Section 15.50.050 Amendment to Section 15.50.050 Definitions. 21-69 i Ordinance No. 2022- Page 52 of 59 Section 15.50.050 is hereby amended to add the following definitions "Base Flood Elevation" Elevation of flooding, including wave height, having a 1 % chance of being equaled or exceeded in any given year. "Design Flood Elevation" The design flood elevation shall be used to define flood hazard areas. At a minimum, the design flood elevation shall be the higher of the following: 1.The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a 1-percent (100-year flood) or greater chance of being equaled or exceeded in any given year plus one foot of freeboard. 2.The elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated. Section 15.50.070 Amendment to Section 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. Section 15.50.070 is hereby amended to read as follows: The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Orange County, California and Incorporated Area" dated revised March 21, 2019, with accompanying Flood Insurance Rate Maps (FIRMs), dated revised March 21, 2019, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and all subsequent amendments and/or revisions, and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter, and which are recommended to the City Council by the Floodplain Administrator. The FIS and the FIRM is are on file at the Office of the Community Development Department at 100 Civic Center Drive, Newport Beach, California 92660. Section 15.50.200 Amendment to Section 15.50.200 Standards of Construction. Section 15.50.200 is hereby amended to read as follows: 21-70 Ordinance No. 2022- Page 53 of 59 In all areas of special flood hazards, all new construction, all substantial improvements of structures, including, but not limited to, a structure used for a residential or nonresidential use, or any manufactured home, shall meet the following standards: A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. For AH or AO Zones, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing. 1. Residential construction shall have the lowest floor, including basement: a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus 1-foot of freeboard, or elevated at least two feet above the highest grade if no depth number is specified. b. In an unnumbered A Zone, elevated to or above the design flood elevation, as determined by the City. c. Coastal High Hazard Zones, VE and Coastal A Zones, shall also comply with the requirements of Section 15.50.230 21-71 Ordinance No. 2022- Page 54 of 59 d. In all other zones, elevated to or above the design flood elevation per Section 15.50.070. e. Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must exceed the following minimum criteria: i. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Emergency Management Agency; or ii. Have a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding where the enclosed area is measured on the exterior of the enclosure walls. The bottom of all openings shall be no higher than one foot above the higher of the final interior grade or floor and the finished exterior grade immediately under each opening. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided:, that they permit the automatic entry and exit of flood water. Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirements of this section. f. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsections (C)(1)(a), (b) and (c) of this section o'r together with attendant utility and sanitary facilities: 21-72 Ordinance No. 2022- Page 55 of 59 a. Be floodproofed below the elevation recommended under subsections (C)(1)(a), (b) and (c) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. 3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall be elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. D. Required Submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the Newport Beach Administrative Code, adopted in Section 15.02.010. In addition to submittals required by the Newport Beach Administrative Code, drawings shall show the nature, location, dimensions, and elevations of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: 1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; i 2. Proposed elevation, in relation to NAVD, to which any structure will be floodproofed; 3. All appropriate certifications listed in Section 15.50.150; 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and 5. Plans for any walls to be used to enclose space below the base flood levels. E. Floodways. Encroachments, including fill, new construction, substantial improvements, and other development within floodways are prohibited, unless it has been 21-73 Ordinance No. 2022- Page 56 of 59 demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and hydraulic analysis performed and certified by a registered civil engineer in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge. Section 15.50.210 Amendment to Section 15.50.210 Standards for Utilities. Section 15.50.210 is hereby amended to read as follows: A. All new and replacement electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding using the following minimum requirements or similar methods: 1. Electrical service conduits and cables below the design flood elevation shall be waterproofed or conform to the provisions of the electrical code for wet locations 2. Panelboards, load centers, main disconnect switches, and all circuit breakers shall be located above and be accessible from above the Design Flood Elevation. 3. Plumbing systems and components, including plumbing fixtures, shall be elevated above the design flood elevation. The openings shall be protected with automatic backwater valves or other automatic backflow devices. Devices shall be installed in each line that extends below the design flood elevation to prevent release of sewage into floodwaters and to prevent infiltration by floodwaters into the plumbing. 4. Ductwork and ductwork insulation shall be at or above the design flood elevation unless designed, constructed, and installed to resist all flood -related loads and to prevent floodwater from entering or accumulating within the ductwork. 5. Air intake openings and exhaust outlets shall be at or above the design flood elevation. 6. All elevator components shall be located above the design flood elevation B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 21-74 Ordinance No. 2022- Page 57 of 59 C. On -site waste disposal systems shall be located above the design flood elevation to avoid impairment to them or contamination from them during flooding. Section 15.50.230 Amendment to Section 15.50.230 Coastal High Hazard Areas. Section 15.50.230 is hereby amended to read as follows: Within coastal high hazard areas, Zones V, V1-30, and VE, as delineated in the FIS and FIRM, the following standards shall apply: A. All new residential and nonresidential construction, including substantial improvement/damage, and manufactured homes shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural members of the lowest floor (excluding the pilings and columns) is elevated to or above the design flood elevation. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by the California Building Code. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. Elevator shafts in Coastal High Hazard Areas and Coastal A Zones are not required to have breakaway walls and shall comply with FEMA Technical Bulletin 4, Elevator Installation (latest edition). D. Fill shall not be used for structural support of buildings. E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or land surveyor that a proposed structure complies with subsection (A) of this section; 21-75 Ordinance No. 2022- Page 58 of 59 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. Section 15: Except as expressly modified herein, all other provisions, terms and sections set forth in Title 15 shall remain unchanged and shall be in full force and effect. Section 16: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 17: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, 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 18: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines 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. The proposed action is also 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: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 21-76 Ordinance No. 2022- Page 59 of 59 Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 15th day of November 2022, and adopted on the 29' day of November 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp, City Attorney 21-77 Attachment C Redline Version of the California Building Standards Code and, Other Related Code Amendments 21-78 Title 15 BUILDINGS AND CONSTRUCTION* Chapters: 15.02 Administrative Code 15.03 International Property Maintenance Code 15.04 Building Code 15.05 Residential Code 15.06 Electrical Code 15.07 Mechanical Code 15.08 Plumbing Code 15.09 Residential Swimming Pool and Spa Code 15.10 Excavation and Grading Code 15.11 Green Building Standards Code 15.12 Post -Disaster Safety Assessment Placards and Standard for Repair of Damaged Structures 15.13 Historical Building Code 15.14 Existing Building Code 15.15 Report of Residential Building Records 15.16 Sign Code 15.17 Energy Code 15.18 Solar Systems 15.19 Electric Vehicle Charging Stations 15.20 House Moving 15.28 Abatement of Substandard Buildings 15.32 Underground Utilities 15.37 Approval in Concept Permit 15.38 Fair Share Traffic Contribution Ordinance 15.40 Traffic Phasing Ordinance 15.42 Major Thoroughfare and Bridge Fee Program 15.45 Development Agreements 15.50 Floodplain Management 15.55 Methane Overlay Zone 15.60 Construction Site Fencing and Screening 15.65 Santa Ana Heights Redevelopment * Application for sewer connections —See Chapter 14.24. 501 (Newport Beach 6-20) 21-79 (Newport Beach 6-20) 15.75 Standard Specifications for Public Works Construction 15.80 Building and Fire Board of Appeals 502 21-80 15.02.010 Chapter 15.02 ADMINISTRATIVE CODE Sections: 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. 15.02.085 Addition of Section 105.3.1.1. 15.02.090 Amendment to Section 105.3.2. 15.02.095 Addition of 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 ref- erence, as though set forth in full in this section, Chapter 1, Division II of the 2019-2022 Edition of the Cal- ifornia Building Code as published by the Interna- tional Code Council. The various parts of this chapter, including addi- tions, amendments and deletions adopted in this sec- tion, shall constitute and be known as the Newport Beach Administrative Code. A copy of the 291-9 2022 Cal—ifornia Building Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection on file i the offiee of the City Clerl.(Ord. 2019-17 § 1 (part), 2019) 15.02.020 Amendment to Section 101.1. Section 10 1. 1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." (Ord. 2019-17 § 1 (part), 2019) 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, appli- ances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. (Ord. 2019-17 § 1 (part), 2019) 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 2 18-2021 International Property Maintenance Code shall be adopted as the New- port Beach Property Maintenance Code and shall apply to existing structures and premises; equip- ment and facilities; light, ventilation, space heat- ing, sanitation, life and fire safety hazards; responsibilities of owners, operators and occu- pants; and occupancy of existing premises and structures. (Ord. 2019-17 § 1 (part), 2019) 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 spe- cifically provided in this code, the California Existing Building Code, the International Prop- erty Maintenance Code, California Building Code, the California Residential Code, or the Cal- ifornia Fire Code, or as deemed necessary by the Chief Building Official. (Ord. 2019-17 § 1 (part), 2019) 503 (Newport Beach 6-20) 21-81 15.02.60 Amendment to Section 102.7. Section 102.7 is amended to read as follows: Section 102.7 Remodel or renovation. If the valuation of the permit for the remodel or ren- (Newport Beach 6-20) 504 21-82 15.02.070 ovation of a building is equal to or exceeds 50 per- cent of the market value of such building, then the entire building shall comply with the Code provi- sions for new construction. Exceptions: This provision does not apply for permit valuations less than $279320,700; 2. This provision does not apply to projects that meet the criteria set forth in Section 20.38.060(A)(3) and are not located in a Special Flood Hazard Area per the latest revision of the Federal Insurance Rate Map. 3. The Chief Building Official is authorized to accept less than the requirements for new con- struction if substantial conformance to the requirements is found and the protection of life and property are maintained. (Ord. 2020-4 § 1, 2020: Ord. 2019-17 § 1 (part), 2019) 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. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. (Ord. 2019-17 § 1 (part), 2019) 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. Pam -Prefabricated swimming pools, hot tubs spas accessory to a Group R-3 occupancy, or water features containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above ground; unless otherwise required by other provisions of the code. (Ord. 2019-17 § 1 (part), 2019) 15.02.085 Added Section 105.3.1.1. Section 105.3.1.1 is added to read as follows: Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes. If the building official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the Municipal Operations Division no less than twenty-four hours or more than seventy-two hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any haulingor r disposal of 505 (Newport Beach 6-20) 21-83 demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject t the project to suspension of work as authorized in this code. 15.02.090 Amendment to Section 105.3.2. Section 105.3.2 is amended to read as follows: Section 105.3.2 Time limitation of appli- cation. An application for a permit for any pro- posed work shall be deemed to have been aban- doned 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 demon- strated. (Ord. 2019-17 § 1 (part), 2019) 15.02.095 Addition of Sections 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 com- plete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, reno- vation, addition(s), modification(s), improve- ment(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accor- dance with Section 105.3.4. For building permits issued on or after June 1, 2019, the time limit to complete construction (Newport Beach 6-20) 506 21-84 15.02.095 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 com- plete construction shall be three (3) years from June 1, 2019. Final inspection and approval of the con- struction work by the City shall mark the date of construction completion for purposes of Section 15.02.95. 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: Application for Extension to Building Official. a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, 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 three hundred and sixty-five (365) calendar days; (v) how many previous extensions have been granted; (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 sub- ject of the application; and (ix) any other informa- tion requested by the City. b) Unless authorized by the Building Offi- cial 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. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministe- rially grant, conditionally grant or deny a request for extension for a period not to exceed three hun- dred sixty-five (365) calendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its comple- tion. The decision of the Building Official shall be final and non -appealable. 2. Application for Additional Extension(s). a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an addi- tional 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; (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 Offi- cial 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 filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule. 505 (Newport Beach 4-22) 21-85 15.02.095 3. Scheduling and Noticing. a) For an application for an additional extension set forth in subsection 2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third 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 bene- fits of the Hearing Officer, if any, shall not be con- ditioned, 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. If the applicant wishes to challenge the designated Hearing Offi- cer, the applicant shall have seven (7) calendar days from the date of service of the notice to sub- mit 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) preju- dice; (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 Cali- fornia. 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 (Newport Beach 4-22) R11Z'! City Manager shall designate a new Hearing Offi- cer in accordance with the procedures in this sub- section. 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) calen- dar 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 inform- ing 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 hear- ing. 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 responsi- ble 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. 4. Conduct of Hearing. a) A hearing shall be held at the date, time, and place for which notice was given. 21-86 15.02.100 b) The review authority shall only consider evidence and testimony, presented by the appli- cant 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 con- ditions 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 con- ditionally grant, up to a one hundred and eighty (180) calendar day extension, per application for extension, if it finds special circumstances war- rant 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 contrac- tor's control. If the review authority makes the findings to grant an extension, the review author- ity shall consider whether conditions are neces- sary to ensure timely completion of the project in a manner that limits impacts on surrounding prop- erty 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 fur- ther 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 condi- tions of approval have been prepared. f) The review authority shall issue a written decision, setting forth its findings, and the deci- sion 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 deci- sion and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) cal- endar days of receipt of the final decision. 5. Judicial Proceeding. Nothing herein shall prohibit the Building Official from issuing a building permit or extend- ing 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. 6. 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, construc- tion related laws adopted by the City. (Ord. 2022-8 § 1, 2022; Ord. 2019-17 § 1 (part), 2019) 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 507 (Newport Beach 4-22) 21-87 15.02.110 work can recommence, a new permit shall be obtained and the permittee shall pay a new permit fee except for permits for suspended or aban- doned 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 suspen- sion 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 minimum 15 days prior to the permit expiration in writing and justifiable cause demon- strated. (Ord. 2019-17 § 1 (part), 2019) 15.02.110 Amendment to Section 109.4. Section 109.4 is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an inves- tigation 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 res- olution. 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. (Ord. 2019-17 § 1 (part), 2019) (Newport Beach 4-22) RION 15.02.120 Addition of Section 117. Section 117 is added to read as follows: ture. Section 117—Demolition of entire struc- Section 117.1 Notification. When an entire structure is to be demolished, notification by cer- tified 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 Build- ing Official. (Ord. 2019-17 § 1 (part), 2019) 21-88 15.03.010 Chapter 15.03 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 15.03.010 Adoption of the International Property Maintenance Code. 15.03.020 Deletion of Chapter 1, Except Sections 101, 102, and 108.1 through 108.1.5. 15.03.030 Amendment to Section 101.1. 15.03.040 Amendment to Section 102.3. 15.03.045 Amendment to Section 302.4 15.03.050 Amendment to Section 303.2. 15.03.010 Adoption of the International Property Maintenance Code. The City Council adopts and incorporates by ref- erence, as set forth in full in this section, the 2018 International Property Maintenance Code, as pub- lished by the International Code Council. The various parts of the 2018-2021 International Prop- erty Maintenance Code, along with the amendments and deletions adopted in this chapter, shall constitute and be known as the Newport Beach Property Main- tenance Code. A copy of the 2418 2021 International Property Maintenance Code shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspectiono f�the effiee of the City Gle. (Ord. 2019-17 § 2 (part), 2019) 15.03.020 Deletion of Chapter 1, Except Sections 101, 102,111.1,111.2,111.7, and 108.1111.8 through 108.1.5. Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 105, and 108.1 through 108.1.5. (Ord. 2019-17 § 2 (part), 2019) 15.03.030 Amendment to Section 101.1. Section 10 1. 1 is amended to read as follows: Section 101.1 Title. These regulations shall be known as the Newport Beach Property Mainte- nance Code, herein referred to as "this code." (Ord. 2019-17 § 2 (part), 2019) 21-89 15.03.040 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 accor- dance 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. (Ord. 2019-17 § 2 (part), 2019) 15.03.045 Amendment to Section 302.4 Section 302.4 is amended to read as follows: Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth that create a fire hazard or are overgrown in a way that they obstruct the right of way, block visibility of pedestrians and drivers, or harbor rats, vermin, or insects. Noxious weeds shall be prohibited. Weeds shall be defined as all greases, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner of agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with California Building Code Section 114.3 and as prescribed by the authority having jurisdiction 15.03.050 Amendment to Section 303.2. Section 303.2 is amended to read as follows Section 303.2 Enclosures. Private swim- ming pools, hot tubs and spas or water features containing more than 18 inches of water depth shall comply with section 305.2 of the Newport Beach Residential Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach Build- ing Code. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. (Ord. 2019-17 § 2 (part), 2019) RIM Chapter 15.04 BUILDING CODE Sections: 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 15.04.080 710A.3.34. Amendment to Section 903.2. 15.04.090 Amendment to Section 903.2.8. 15.04.100 Amendment to Seetio 443"RESERVED Exception 6. 15.04.110 Amendment to Table 1505.1. 15.04.120 Amendment to Section 1505.1.32. 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. 15.04.010 Adoption of the California Building Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2019-2022 Edition of the California Building Code, Vol- umes 1 and 2, including Appendices C and I, and (Newport Beach 6-20) 21-93 and all national codes and standards referenced therein, based on the 2019 2021 International Building Code, as published by the International Code Coun- cil. The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this chapter, shall constitute and be known as the Newport Beach Building Code. A copy of the 24W 2022 California Building Code, Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 O (1) and are made available for public inspectionen file in the e€fiee of the City Cie (Ord. 2019-17 § 3 (part), 2019) (Newport Beach 6-20) 510 21-94 15.04.020 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. Prefabricated swimming �pools or hot tubs spas accessory to a Group R-3 occupancy, or water features, containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above r�livate unless otherwise required by other provisions of the code. (Ord. 2019-17 § 3 (part), 2019) 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 dwell- ings located within a Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area as defined in Section 702A. (Ord. 2019-17 § 3 (part), 2019) 15.04.040 Amendment to Section 701A.3. Section 701A.3 is amended by deleting Exception No. 4-5 in its entirety. (Ord. 2019-17 § 3 (part), 2019) 15.04.050 Amendment to Section 701A.3.1. Section 701A.3.1 is amended by deleting Excep- tion No. 2 in its entirety. (Ord. 2019-17 § 3 (part), 2019) 511 (Newport Beach 6-20) 21-95 15.04.060 Amendment to Section 702A. Section 702A is amended to include the definition of "Unenclosed Covered Structure" to read as fol- lows: SECTION 702A DEFINITIONS UNENCLOSED COVERED STRUC- TURE. Includes covered structures with a solid or open roof and no more than one enclosed side. (Ord. 2019-17 § 3 (part), 2019) 15.04.070 Amendment to Section 710A.3.3. Section 710A.3.3 is amended to read as follows: Section 710A.3.3-4 Detaehed 4 miseellaneo Miscellaneous structure requirements. require a permit and are separated from an applicable building on the same lot byDetaehed ,r ll time .tufes that are installed at a distance of more than 3 feet but less than 50 feet from an applicable building shall be constructed of non- combustible materials or of ignition -resistant materials as described in Section 704A.2. (Ord. 2019-17 § 3 (part), 2019) 15.04.80 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 subsec- tions remaining unchanged unless otherwise modi- Pied by this section: Section 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following loca- tions: 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing (Newport Beach 6-20) 512 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. 21-96 15.04.090 Exceptions: 1. Group R occupancies. Group R occupan- cies shall comply with Section 903.2.8. Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8. (Ord. 2019-17 § 3 (part), 2019) Spaces or areas in telecommunications 15.04.90 Amendment to Section 903.2.8. buildings used exclusively for telecommunica- tions equipment, associated electrical power dis- tribution 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 con- structed in accordance with Section 711, or both. 2. Existing buildings: Notwithstanding any applicable provisions of this code, an auto- matic sprinkler system shall be provided in an existing building when any of the following con- ditions 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 in 2), Section 903.2.8 is amended to read as follows: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Sec- tion 903.3 shall be provided throughout all build- ings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new build- ings. 2. Existing buildings: An automatic sprin- kler 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. c)b _When an addition is added and the Exceptions: exist- ing building is already provided with an 1. Accessory dwelling units shall not be automatic fire sprinkler system. required to provide fire sprinklers if they are not required for the primary residence. The d)c)_More restrictive requirements are construction of an accessory dwelling unit shall required by other provisions of the Code. not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. e-)dL_Where a tenant space in an E 2. The installation of fire sprinklers shall not existing building requires to sprinklers due to the be required in an accessory dwelling nature of occupancy use, the entire building shall sprinklers are not required for the primary require sprinklers unless other provisions of the residence. The construction of an accessory code(s) are applied to create distinct separated dwelling unit shall not trigger a requirement for buildings, subject to the Fire Code Official and fire sprinklers to be installed in the existing ChiefBuild- ing official approval. multifamily dwelling 511 The Chief Building Official may approve alternative methods and materials when an equiv- (Newport Beach 6-20) 21-97 alent or greater level of fire protection is achieved subject to approval of the Fire Code Official. (Ord. 2019-17 § 3 (part), 2019) 15.04.100 Amendment to Seetion 4030.E Exeeption &RESERVED Exception 6 in Section 1030.1 is amended to read sus (Newport Beach 6-20) 512 21-98 15.04.110 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 follow- ing: 6.1. One means of egress and one emer- gency 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. (Ord. 2019-17 § 3 (part), 2019) 15.04.110 Amendment to Table 1505.1. Table 1505.1 is amended to read as follows: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION' MMMMMMMMM mmmmmmmmm 'See chapter 7A for roof covering require- ments. (Ord. 2019-17 § 3 (part), 2019) 15.04.120 Amendment to Section 1505.1.32. Section 1505.1.3-2 is amended to read as follows Section 1505.1.3-2 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 exist- ing 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. (Ord. 2019-17 § 3 (part), 2019) 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 Emer- gency 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 support- ing 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. (Ord. 2019-17 § 3 (part), 2019) 15.04.140 Amendment to Section 1704.2.1. Section 1704.2.1 is amended to read as follows: Section 1704.2.1 Special inspector qualifi- cations. 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 513 (Newport Beach 6-20) 21-99 15.04.150 Beach shall possess a valid certification from a certifying agency approved by the Chief Building Official, as a special inspector for each classifica- tion 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 applica- tion. 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 1 st 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 certifi- cate 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 certif- icates. Special inspector's qualification registra- tions 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 qual- ify as special inspectors. (Ord. 2019-17 § 3 (part), 2019) (Newport Beach 6-20) 514 15.04.150 Amendment to Section 1905.1.7. Section 1905.1.7 is amended by deleting Excep- tions 1 through 3 of Section 14.1.4.1(c) in their entirety. (Ord. 2019-17 § 3 (part), 2019) 21-100 15.05.010 Chapter 15.05 RESIDENTIAL CODE Sections: 15.05.010 Adoption of the California Residential Code. 15.05.020 Amendment to Section R101.1. 15.05.030 Amendment to Section R1H0.2:RESERVED 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 RESERVED 15.05.130 RESERVED Seetien RESERVEDD 21 15.05.140 RESERVED R3 15.05.150 RESERVEDAmendment Seetien RESERVEDD3 15.05.160 RESERVED meadment *^ seetio RESERVEDD 21 15.05.170 RESERVEDAmendment *^ seetio RESERVEDD 21 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 RESERVED"mendment *^ 15.05.220 Deletion of Section R337. 15.05.230 Addition of Section R341. 15.05.010 Adoption of the California Residential Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2019-2022 Edition of the California Residential Code including Appendix H, and all national codes and standards referenced therein, based on the 2,OU2021 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 chapter, shall constitute and be known as the Newport Beach Residential Code. A copy of the 204-9-2022 California Residential Code, printed in code book form, shall be kept en file in the on file in the office of the building official pursuant to Health and Safetv Code Section 18942 (d) (1) and are made available for public inspection Qer-k. (Ord. 2019-17 § 4 (part), 2019) 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." (Ord. 2019-17 § 4 (part), 2019) 15.05.030 RESERVED R101.2. Seetions R101.2 is maeaded to read as follows.: this t the. reaqns#_,�_Petien, eede shall apply alter- > , remeN�a4ia d demolition ofdetaehed , one and 515 (Newport Beach 6-20) 21-101 15.05.240 Deletion of Section R401.4. 15.05.250 Deletion of Section R404. 15.05.260 Amendment to Section R405.1. 15.05.270 RESERVED 15.05.280 RESERVEDDeletion of Section R602.12. 15.05.290 Deletion of Section R902, Roof Classification. (Newport Beach 6-20) 516 -4e means of egress .-ad th 6 21-102 15.05.040 (Ord. 2019-17 § 4 (part), 2019) 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. (Ord. 2019-17 § 4 (part), 2019) 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 dwell- ings, the Existing Building Code as adopted under section 15.14 of the Newport Beach Municipal Code shall be the applicable code. (Ord. 2019-17 § 4 (part), 2019) 15.05.060 Deletion of Section R301.1.1.1. Section R301.1.1.1 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019) 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 con- struction contains structural elements exceeding the limits of Section R301 or otherwise not con- forming 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 ele- ments with other applicable provisions and shall be compatible with the performance of the con- ventional 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 con- ventional framing requirements for woodframe construction found in this code, the Chief Build- ing Official shall require the construction docu- ments 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 wood - frame construction more than two stories in height or having a basement. Notwithstanding other sec- tions 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 wood - frame. 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 517 (Newport Beach 6-20) 21-103 15.05.080 and stamped by a California licensed architect or 15.05.080 Amendment to Table R301.2(1). engineer. Notwithstanding other sections of law, Table R301.2(1) is amended by completing the the law establishing these provisions is found in table to read as follows: Business and professions Code Section 5537 and 6737.1. (Ord. 2019-17 § 4 (part), 2019) Table R301.2(1) GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN SUBJECT TO DAMAGE FROM WINTER DESIGN TEAIP' ICE BARRIER UNDERLAYMENT REQUIRED' D AZARDS AIR a FREEZING INDEX' MEAN ANNUAL TEMP' Speed- mph Tape rap I effects" ind re fan Windbarne ris zone'" CATEGORY' Weathering Froat line depth° Termite` 7_are 46 Ne Ho ko q, q, er E NegfigiEle NA Very Heavy a3 a See fuotno7e q 6 60.} Elevation La ttl[ Winter heating Summer Cooling correction factor Indoor design Design tem eralure coolln9 Heatia g temperature difference 10 feel 34' N al° 1. lA 1. 30' Cooling tam re difference Wind velocity heating Wind velocity coaling Coincident wet hUlb Daily range Winter humidity Summer humidity 15' •••• •••• 67 12 10 80 TABLE R301.2 CLIMATIC AND GEOGRAPHIC n GROUND WEND DESIGN SUBJECT TO DAMAGE FROM ICE BARRIER AIR Speed° TopogrephiC Special Mand6onre DESIGN CATEGORY' SNOWSEISMIC LOAD' WeaMering' Fran[ Termite` (INDERLAYMENT FLOOD FREEZING HAZARDS' MEANANNU ALTEMW (mph) effects" wind region' tlebrls mne°' Foe tlepth° REOUIREM INDEX' ZERO 95 NO NO NO D„ D„ Di, ORE NEGLIGIBLE NA VERY HEAVY NO SEEFWVCTEg 0 60.7 MANUAL J DESIGN CRITERIA" Elevation Altitude correction Coincident Indoor winter desigadry-bulb Indoor winter design Outdoor winter design Heating temperature dif- factor` wet bulb temperature dry-bulb d bulb temperature dry-bulb erature p ference 10 FEET 1.0 67 70 70 43 30, Indoor summer Indoor summer Latitude Daily range design relative design relative Indoor summer design Outdoor summer design gn Coolie g temperature dif- humidity humidity dry-bulb temperature dry-bulb temperature ference 33.608 12 50 1 50 75 80 15° CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA (Ord. 2019-17 § 4 (part), 2019) 15.05.090 Amendment to Table R301.2 1 Footnote g. Table R301.2(4+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. (Newport Beach 6-20) 518 (Ord. 2019-17 § 4 (part), 2019) 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 R301.204, and 21-104 substantial improvement and repair of substantial damage of buildings and structures in flood haz- and 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 provi- sions 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 Chap- ter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein. (Ord. 2019-17 § 4 (part), 2019) 519 (Newport Beach 6-20) 21-105 15.05.110 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 estab- lished by Table R301.2(4), garage floors shall be: Elevated to or above the design flood ele- vation 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 Man- agement and are otherwise constructed in accor- dance with this code. (Ord. 2019-17 § 4 (part), 2019) 15.05.120 Amendment f Section R319.4-.RESERVED 15.05.130 RESERVED Section R310.2.3.1. (Ord. 2019-17 § 4 (part), 2019) 15.05.140 RESERVED D 31xc�10�T entirety.Seetion R310.2.4 is deleted in its (Ord. 2019-17 § 4 (part), 2019) (Newport Beach 6-20) 520 15.05.150 RESERVED"-r'endment to Section D 2lzcsrv�1.. (Ord. 2019-17 § 4 (part), 2019) 15.05.160 RESERVED mend,. ent to Section R311.7.11. deviees. Altema4ing tfead ac=ccs-snim11-nvt be used . an element f a means f egress,or- path o travel th,-.,,,g or -to habitable (Ord. 2019-17 § 4 (part), 2019) 15.05.170 RESERVED" -Fend,,.. t Section D 31xcJrrri -. Seetion R311.7.12 Ships 1 er-s. Ships ladder-s shall not be used as an elemepA of a means of egress, or- a path of tfa-vel 4wough or- to habit able (Ord. 2019-17 § 4 (part), 2019) 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. (Ord. 2019-17 § 4 (part), 2019) 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 21-106 shall be legible and placed in a position that is vis- 521 (Newport Beach 6-20) 21-107 15.05.200 ible from the street or road fronting the property, and alley if adjacent to the property. Address identification characters shall ^^contrast 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 identifi- cation shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the build- ing 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. (Ord. 2019-17 § 4 (part), 2019) 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. (Ord. 2019-17 § 4 (part), 2019) 15.05.210 RESERVED"--'^-'dment to Seetion (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.024-030 through 15.04.070. (Ord. 2019-17 § 4 (part), 2019) 15.05.230 Addition of Section R341. Section R341 is added to read as follows: SECTION R341—SOUND TRANSMIS- SION 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 281-9-2022 California Building Code, Title 24, Part 2. (Ord. 2019-17 § 4 (part), 2019) 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. (Ord. 2019-17 § 4 (part), 2019) 15.05.250 Deletion of Section R404. Section R404 is deleted in its entirety. (Ord. 2019- Seetio,, D 26 ; added to read s f ii,.17 § 4 (part), 2019) (Ord. 2019-17 § 4 (part), 2019) 15.05.220 Deletion of Section R337. Section R337 is deleted in its entirety and replaced with California Building Code Chapter 7A (Newport Beach 6-20) 522 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 Uni- fied Soil Classification System, Group I Soils, as detailed in Table R405.1. 21-108 15.05.270 2. A foundation drainage system is not per- mitted for basement walls extending below high tide of the Newport Bay water elevation. (Ord. 2019-17 § 4 (part), 2019) 15.05.270 Addition -of R409.RESERVED stressed Rock and Soil n,,ehors,zarth Retaining Shoring and 3r�o— Stone -Cal,,,, ns f r,.-,.0 a impr-evement," is added and shall ineor-por-a+e See - Building Code into this seer r. (Ord. 2019-17 § 4 (part), 2019) 15.05.280 Deletion of c,.etio„ R602.12.RESERVED Seetion R602.12 is deleted in its entirety. (Ord.- 201 n 17 § n (paft) 2019) 15.05.290 Deletion of Section R902, Roof Classification. Section R902 is ameaded deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sec- tion 15.04.110 through 15.04.120. (Ord. 2019-17 § 4 (part), 2019) Chapter 15.06 ELECTRICAL CODE Sections: 15.06.010 Adoption of the California Electric Code. 15.06.020 Amendment to ".bile 342.10.RESERVED 15.06.030 Amendment to Ar-tiele 344 40.11ESERVED 15.06.040 Amendment to Article 358. 10(A). 15.06.050 Amendment to Article 358.10(B). 15.06.010 Adoption of the California Electric Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2449-2022 Edition of the California Electrical Code based on the 241-7-2020 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 2419-2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspectionen file in the offiee of the City GIME. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in Chap- ter 15.02, Administrative Code. (Ord. 2019-17 § 5 (part), 2019) 15.06.20 Amendment to Ar-tiele 342.10.11ESERVED 1 tit I��rY 523 (Newport Beach 6-20) 21-109 (Ord. 2019-17 § 5 (part), 2019) (Newport Beach 6-20) 524 21-110 15.06.030 15.06.30 Amendment to ,.,.f;,.,e 34440:RESERVED At4iEk34 ^ 1 O(A) . -ad (B) are a -me r ed to read fps: i (Newport Beach 6-20) 520 Locations. n bolts, (Wet supports, straps, screws, andso forth, shall be of—eorrosionresistant materials or proteeted ,.ate by against eoffosion eoffosion resistant fia (Ord. 2019-17 § 5 (part), 2019) 15.06.40 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. (Ord. 2019-17 § 5 (part), 2019) 15.06.050 Amendment to Article 358.10(B). Article 358.10(B)(1) and (B)(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, cou- plings, 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 Alumi- num EMT. Aluminum EMT shall be provided with approved supplementary corrosion protec- tion where encased in concrete. (Ord. 2019-17 § 5 (part), 2019) 21-112 15.07.010 Chapter 15.07 MECHANICAL CODE Sections: 15.07.010 Adoption of California Mechanical Code. 15.07.020 Addition of Section 103.5. 15.07.030 Amendment of Section 107.1. 15.07.010 Adoption of California Mechanical Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2 19-2022 Edition of the California Mechanical Code, based on the 2018-2021 Uniform Mechanical Code, by the International Association of Plumbing and Mechan- ical Officials. The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2019-2022 California Mechanical Code printed in code book form shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspections ran the—o€fiee of the City Ciek. All administrative provi- sions including enforcement, permit process, fees, and inspections for these chapters are contained in Chapter 15.02, Administrative Code. (Ord. 2019-17 § 6 (part), 2019) 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 modifica- tions 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 com- pliance 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 mod- ifications shall be recorded and entered in the files of the Building Division. (Ord. 2019-17 § 6 (part), 2019) 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. (Ord. 2019-17 § 6 (part), 2019) 521 (Newport Beach 6-20) 21-113 15.08.010 Chapter 15.08 PLUMBING CODE Sections: 15.08.010 Adoption of California Plumbing Code. 15.08.020 Addition of Section 103.5. 15.08.030 Amendment of Section 107.1. 15.08.010 Adoption of California Plumbing Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2019-2022 Edition of the California Plumbing Code, including Appendices A and C, based on the 2018-2021 Uniform Plumbing Code as published by the Interna- tional 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 2019-2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspectionen file in the- o€fiee of the . All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in Chap- ter 15.02 (Administrative Code). (Ord. 2019-17 § 7 (part), 2019) 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 modifica- tions 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 com- pliance 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 mod - (Newport Beach 6-20) 522 ifications shall be recorded and entered in the files of the Building Division. (Ord. 2019-17 § 7 (part), 2019) 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. (Ord. 2019-17 § 7 (part), 2019) 21-114 15.09.010 Chapter 15.09 RESIDENTIAL SWIMMING POOL AND SPA CODE Sections: 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 4-NI14. 15.09.050 Amendment to Section 201.3. 15.09.060 Amendment to Section 202. 15.09.070 Amendment to Section 301.4. 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.RESERVED 15.09.210 Amendment to Section 2n�RESERVED 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. 15.09.035 Amendment to Section 310.1 Exception No. 2 15.09.360 Amendment to Section 321A. 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. 15.09.010 Adoption of the International Swimming Pool and Spa Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2018-2021 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 chapter, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2018 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection^^ file it the offiee of the C4ty Cie . (Ord. 2019-17 § 8 (part), 2019) 15.09.020 Amendment to Section 101.1. Section 10 1. 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." (Ord. 2019-17 § 8 (part), 2019) 523 (Newport Beach 6-20) 21-115 15.09.310 Amendment to Section 316.4. 15.09.320 Amendment to Section 316.6.1. 15.09.030 Amendment to Section 101.2. 15.09.330 Amendment to Section 318.2. Section 101.2 is amended to read as follows: 15.09.340 Amendment to Section 320.1. 15.09.350 Deletion of Sections 320.2 and Section 101.2 Scope. The provisions of this 320.3. code shall apply to the construction, alteration, (Newport Beach 6-20) 524 21-116 15.09.040 movement, renovation, replacement, repair and maintenance of residential pools and spas. The pools and spas covered by this code are either per- manent 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. (Ord. 2019-17 § 8 (part), 2019) 15.09.040 Deletion of Sections 102 through 4-N114. Sections 102 through 408-114 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). (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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 non- commercial 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 por- table, 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. The definition of PRIVATE POOL and SWIMMING POOL OR SPA are added to read as follows: PRIVATE POOL. See Residential Pool SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in -ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. (Ord. 2019-17 § 8 (part), 2019) 15.09.070 Amendment to Section 301.E Section 301.1 is amended to read as follows: Section 301.1 Scope. The provisions of this chapter shall govern the general design and con- struction of residential pools and spas and related piping, 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 Chap- ters 7 through 10, the provisions of Chapters 7 through 10 shall apply. Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, this code, the 2022 California Building Code, or the 2022 California Residential Code, the Building Official shall implement the most restrictive measures cited. (Ord. 2019-17 § 8 (part), 2019) 15.09.080 Amendment to Section 302.1. Section 302.1 is amended to read as follows: 525 (Newport Beach 6-20) 21-117 Section 302.1 Electrical. Electrical require- ments shall comply with the California Electrical Code. (Ord. 2019-17 § 8 (part), 2019) 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 com- ply with the California Plumbing Code. Fittings shall be approved for installation with the piping installed. (Ord. 2019-17 § 8 (part), 2019) (Newport Beach 6-20) Mei 21-118 15.09.100 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 Califor- nia Plumbing Code. (Ord. 2019-17 § 8 (part), 2019) 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 build- ing drainage system, the connection shall be through an air gap in accordance with the Califor- nia Plumbing Code. (Ord. 2019-17 § 8 (part), 2019) 15.09.120 Amendment to Section 303.1. Section 303.1 is amended to read as follows: Section 303.1 Energy consumption of pools and permanent spas. The energy con- sumption of pools and permanent spas shall com- ply with the California Energy Code. (Ord. 2019-17 § 8 (part), 2019) 15.09.130 Deletion of Sections 303.1.1 through 303.3. Sections 303.1.1 through 303.3 are deleted in their entirety. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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 remain- ing unchanged unless modified by this section: 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. (Ord. 2019-17 § 8 (part), 2019) 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 mea- sured 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. (Ord. 2019-17 § 8 (part), 2019) 15.09.180 Deletion of Section 305.2.4. Section 305.2.4 is deleted in its entirety. (Ord. 2019-17 § 8 (part), 2019) 15.09.190 Amendment to Section 305.3.3. 524-1 Section 305.3.3 is amended to read as follows: Section 305.3.3 La4ehesLatch release. Where the door or gate latch 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 (Newport Beach 6-20) 21-119 15.09.200 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 mecha- nism. (Ord. 2019-17 § 8 (part), 2019) 15.09.200 Amendment to Section 305.4.11ESERVED it thee- subseetions t:eWing to tha4 s etion ing unehanged unless modified by this seet on: For- two three eemmen poolsor-spasseFviag and living units or asseeiated be private premises the shall baffier-. Fe not permitted as paFt 0 of pool ..,here family, . F poois or- spa gle the d-welling walll the bar or- stndet-tife deers sen,es as paA dire t of - t the and where provide through thatv�,all, the aeeess following pool or- spa shall be required: one of (Ord. 2019-17 § 8 (part), 2019) 15.09�1n0-RESERVED Seetion 3 05.4 (1) is amended to read as follows: I . - (Ord. 2019-17 § 8 (part), 2019) (Newport Beach 6-20) 15.09.220 Amendment to Sections 305.5(1) and (2). Sections 305.5(1) and (2) are amended to read as follows: 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 com- plies 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. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) MZ111% 21-120 15.09.250 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. hand -finished concrete ' s Traverture'bricka xt pavers. public pools or spas % Travertine. brick -set pavers. residential pools or spas 1 s Wood 1' s NVood-plastic composite 1;$ For SI: 1 irA = 25.4 nmc. 1 foot = 304.8 omz. (Ord. 2019-17 § 8 (part), 2019) 15.09.260 Amendment to Section 306.9.1 Section 306.9.1 is amended to read as follows 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 Cal- ifornia Plumbing Code. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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 accor- dance with the California Building Code or Cali - fornia Residential Code, as applicable, and shall be constructed so as to prevent water runoff into the pool or spa. (Ord. 2019-17 § 8 (part), 2019) 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 accessi- ble 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. (Ord. 2019-17 § 8 (part), 2019) 15.09.300 Amendment to Section 307.2.2. Section 307.2.2 is amended to read as follows: 524-3 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. (Newport Beach 6-20) 21-121 15.09.310 The structural design of pools and spas shall be in accordance with the California Building Code. (Ord. 2019-17 § 8 (part), 2019) tection against backflow in the potable water sup- ply shall be provided through an air gap comply- ing with ASME Al12.1.2 or by a backflow prevention assembly in accordance with the Cali- fornia Plumbing Code. 15.09.305 Amendment to Section 310.1 (Ord. 2019-17 § 8 (part), 2019) Exception #2 Section 310.1 Exception #2 is amended to read as follows - Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate 100 percent of the circulations system flow rate. 15.09.310 Amendment to Section 316.4. Section 316.4 is amended to read as follows, with all other subsections relating to that section remain- ing unchanged unless modified by this section: 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. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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 pre- vent contamination from nonpotable liquids, sol- ids or gases being introduced into the potable water supply through cross -connections or other piping connections to the system. Means of pro - (Newport Beach 6-20) Wz51 21-122 15.09.340 Amendment to Section 320.1. Section 320.1 is amended to read as follows: Section 320.1 Backwash water or drain- ing water. Waste AV,4erWastewater from any filter, scum fil- ter, 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 Design Flood Elevation (DBFE) 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. (Ord. 2019-17 § 8 (part), 2019) 15.09.350 Deletion of Sections 320.2 and 320.3. Sections 320.2 and 320.3 are deleted in their entirety. (Ord. 2019-17 § 8 (part), 2019) 15.09.360 Amendment to Section 321A. Section 321- is deleted in its entirety and replace with the following:^ ended to read as follows: Section 321.1 General. The provision of Section 321.2 shall apply to lighting for residential pools and spas. Section 321.2 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.Seetien 0 0 0 (Ord. 2019-17 § 8 (part), 2019) 15.09.370 Deletion of Chapter 4. Chapter 4 is deleted in its entirety and renamed to read as follows: Chapter 4 Reserved. (Ord. 2019-17 § 8 (part), 2019) 524-5 (Newport Beach 6-20) 21-123 15.09.380 15.09.380 Deletion of Chapter 5. Chapter 5 is deleted in its entirety and renamed to read as follows: Chapter 5 Reserved. (Ord. 2019-17 § 8 (part), 2019) 15.09.390 Deletion of Chapter 6. Chapter 6 is deleted in its entirety and renamed to read as follows: Chapter 6 Reserved. (Ord. 2019-17 § 8 (part), 2019) 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 accor- dance with the manufacturer's instructions. Decks fabricated on -site shall be in accordance with the California Residential Code. (Ord. 2019-17 § 8 (part), 2019) 15.09.410 Amendment to Section 802.1. Section 802.1 is amended to read as follows: Section 802.1 Materials of components and accessories. The materials of components and accessories used for permanent inground res- idential 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. (Ord. 2019-17 § 8 (part), 2019) (Newport Beach 6-20) Wz�el 15.09.420 Amendment to Section 802.2. Section 802.2 is amended to read as follows: Section 802.2 Structural design. The struc- tural design and materials shall be in accordance with the California Building Code. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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. (Ord. 2019-17 § 8 (part), 2019) 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. 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. 21-124 15.09.460 904.3 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. (Ord. 2019-17 § 8 (part), 2019) 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 sani- tizer 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 man- ufacturer'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. Sub- merged vacuum fittings shall be in accordance with Section 310. (Ord. 2019-17 § 8 (part), 2019) 15.10.010 15.09.470 Addition of Section 906. Section 906 is added as follows: Section 906 HEATER AND TEMPERA- TURE REQUIREMENTS 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. Com- ponents 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 tempera- ture 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 con- trols. Water temperature limiting controls shall comply with UL 873 or UL 372. Water tempera- ture at the heater return outlet shall not exceed 140°F (60°C). (Ord. 2019-17 § 8 (part), 2019) 15.09.480 Addition of Section 907. Section 907 is added as follows: Section 907 WATER SUPPLY 907.1 Water temperature. The tempera- ture of the incoming makeup water shall not exceed 104°F (40°C). (Ord. 2019-17 § 8 (part), 2019) 524-7 (Newport Beach 6-20) 21-125 15.11.010 Chapter 15.11 GREEN BUILDING STANDARDS CODE Sections: 15.11.010 Adoption of the California Green Building Standards Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2419 —2022 Edition of the California Green Building Stan- dards Code. 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 201-9-2022 California Green Building Standards Code shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspectionen f41e in the effeo of th-e City (Ord. 2019-17 § 12, 2019) (Newport Beach 8-13) 536-8 21-126 15.13.010 Chapter 15.13 HISTORICAL BUILDING CODE Sections: 15.13.010 Adoption of the California Historical Building Code. 15.13.010 Adoption of the California Historical Building Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 2019-2022 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 refer- ence. The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 244-9-2022 Cali- fornia Historical Building Code, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection^ fik n *''e&ffeo of the City Cie (Ord. 2019-17 § 13, 2019) Chapter 15.14 EXISTING BUILDING CODE Sections: 15.14.010 Adoption of the California Existing Building Code. 15.14.010 Adoption of the California Existing Building Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 24-�9-2022 Edition of the California Existing Building Code, California Code of Regulations Title 24 Part 10, Appendix A, Chapters 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 2019-2022 Califor- nia Existing Building Code, printed in code book form, shall be kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspectionen file in the e f4ee f the Coy Gler. (Ord. 2019-17 § 14, 2019) Chapter 15.17 ENERGY CODE Sections: 15.17.010 Adoption of the California Energy Code. 15.17.010 Adoption of the California Energy Code. The City Council adopts and incorporates by ref- erence, as though set forth in full in this section, the 241-9-2022 Edition of the California Energy Code, Califor- nia 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 201-9-2022 California Energy Code, printed in code book form, shall be 536-17 (Newport Beach 6-20) 21-127 kept on file in the office of the building official pursuant to Health and Safety Code Section 18942 (d) (1) and are made (Newport Beach 6-20) AE:i available for public inspection^n file it the effieo E)f the City r(Ord. 2019-17 § 15, 2019) 21-128 15.19.010 Chapter 15.19 ELECTRIC VEHICLE CHARGING STATIONS Sections: 15.19.010 Purpose. 15.19.020 Applicability. 15.19.030 Definitions. 15.19.040 Electric vehicle charging station system requirements. 15.19.050 Duties of the Building Division and Chief Building Official. 15.19.060 Permit review requirements. 15.19.010 Purpose. The purpose of this chapter is to adopt an expe- dited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015) ANDand abAB 970 (Chapter 710, Statutes 2021) to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this chapter encourage the use of electric vehicle charging sta- tions by removing unreasonable barriers, minimiz- ing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. The provisions of this chapter further allow the City to achieve these goals while protecting the public's health, welfare and safety. (Ord. 2017-10 § 1 (part), 2017) 15.19.20 Applicability. A. This chapter applies to the permitting of all electric vehicle charging station systems in the City. B. Electric vehicle charging station systems legally established or permitted prior to the effective date of this chapter are not subject to the require- ments of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station system. Routine operation and maintenance or like -kind replacements of electric vehicle charging stations shall not require a permit. (Ord. 2017-10 § I (part), 2017) 15.19.30 Definitions. A. "Association" means a nonprofit corporation or unincorporated association created for the pur- pose of managing a common interest development. B. "Electronic submittal" means the utilization of one or more of the following: 1. Email; 2. The Internet; or 3. Facsimile. C. "Common interest development" means any of the following: 1. A community apartment project; 2. A condominium project; 3. A planned development; or 4. A stock cooperative. D. "Electric vehicle charging station" or "charging station" means any level of electric vehi- cle supply equipment that is designed and built in compliance with Article 625 of the California Elec- trical Code, or any successor regulation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. E. "Specific, adverse impact" means a signifi- cant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. F. "Community Readiness Guidebook" means the guidebook published by the Office of Planning and Research, with recommendations in the most current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero - Emission Vehicles in California." (Ord. 2017-10 § 1 (part), 2017) 15.19.40 Electric vehicle charging station system requirements. A. All electric vehicle charging station systems shall meet applicable health and safety standards and requirements imposed by the state and the California Fire Code, as adopted and amended by the City. B. Electric vehicle charging station systems shall be certified by an accredited listing agency as defined by the California Electrical Code. C. Electric vehicle charging station systems shall meet all applicable safety and performance 548- (Newport Beach 6-18) 21-129 15.19.050 standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and rules of Public Utilities Commis- sion regarding safety and reliability. (Ord. 2017-10 § 1 (part), 2017) 15.19.50 Duties of the Building Division and Chief Building Official. A. All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on the publicly accessible City website. B. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all electric vehi- cle charging station system permit applicants. C. An applicant's electronic signature shall be accepted on all forms, applications, and other docu- ments in lieu of a wet signature. D. The electric vehicle charging station system permit process and checklist(s) shall substantially conform to recommendations for expedited permit- ting, including the "Plug -In Electric Vehicle Infra- structure Permitting Checklist" contained in the most current version of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research. E. The City Council, by resolution, may estab- lish a fee for the processing of electric vehicle charging station system applications. (Ord. 2017-10 § 1 (part), 2017) 15.19.60 Permit review requirements. A. The Building Division shall administratively approve an application to install electric vehicle charging stations through issuance of a building per- mit or similar nondiscretionary permit. B. The Chief Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the electric vehicle charging station system could have a spe- cific, adverse impact upon the public health and safety. C. Review of the application shall be limited to the Chief Building Official's review of whether the (Newport Beach 6-18) 548- application meets local, State, and Federal health and safety requirements. D. If a use permit is required, the City may deny an application for the use permit if the City makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfacto- rily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. E. Decisions regarding an electric vehicle charging station system permit application may be appealed to the Planning Commission pursuant to Chapter 20.64, or any successor chapter. F. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. G. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the California Civil Code, or any successor statute. H. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. (Ord. 2017-10 § 1 (part), 2017) I. The following timeline is established for the application for permits for electric vehicle charging stations. 1. An application to install an electric vehicle charging station submitted to the building official shall be deemed complete if, after the applicable time period described in 1(2) has elapsed, both of the following are true: a. The building official has not deemed the application complete, consistent with the checklist created by the city12ursuant to Section 15.19.050. b. The building official of the city, county, or city and county has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all 21-130 health and safety requirements of local, state, and federal law, consistent with 15.19.060(H). 2. For the purposes of 15.19.060(I)(1) "Applicable time period means" either of the following: a. Five business days after submission of the application to the city, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. b. Ten business days after submission of the application to the city, if the application is for more than 25 electric vehicle charging stations at a single site. J. The following timeline is established for the approval for permits for electric vehicle charging stations. 1. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in J(2) has elapsed and all of the following are true: a. The building official has not administratively approved the application pursuant to 15.19.060(A . b. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to 15.19.060(B). c. The building official of the city, county, or city and county has not denied the permit pursuant to 15.19.060(D). d. An appeal has not been made to the planning commission of the city, county, or city and county, pursuant to 15.19.060(E). 2. For the purposes of 15.19.0600)(1) "Applicable time period means" either of the following: a. Twenty business days after the application was deemed complete, if the application is for at least 1. but not more than 25 electric vehicle charging stations at a single site. I4—b. Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. 548- (Newport Beach 6-18) 21-131 15.50.010 Chapter 15.50 15.50.250 Flood -Related Erosion -Prone Areas. FLOODPLAIN MANAGEMENT* * Prior ordinance history: Ords. 1779, 88-8 and 91-38. Sections: 15.50.010 Statutory Authorization. 15.50.010 Statutory Authorization. The Legislature of the State of California has in 15.50.020 Findings of Fact. Government Code Sections 65302, 65560 and 65800 15.50.030 Statement of Purpose. conferred upon local government units authority to 15.50.040 Methods of Reducing Flood adopt regulations designed to promote the public 15.50.050 Losses. Definitions. health, safety, and general welfare of its citizenry. 15.50.060 Lands to Which This Chapter Therefore, the City Council of the City of Newport Applies. Beach does ordain as set out in this chapter. (Ord. 93- 15.50.070 Basis for Establishing the Areas 5 § 1 (part), 1993) of Special Flood Hazard. 15.50.20 Findings of Fact. 15.50.080 Compliance. A. The flood hazard areas of the City of Newport 15.50.090 Abrogation and Greater Beach are subject to periodic inundation which 15.50.100 Restrictions. Interpretation. results in loss of life and property, health and safety 15.50.110 Warning and Disclaimer of hazards, disruption of commerce and governmental Liability. services, extraordinary public expenditures for flood 15.50.1 20 Lev ity. protection and relief, and impairment of the tax base, 15.50.10 Designation of the Floodplain all of which adversely affect the public health, safety Administrator. and general welfare. 15.50.135 Permit Review. B. These flood losses are caused by uses that are 15.50.140 Review, Use of Other Base Flood inadequately elevated, floodproofed, or protected Data. from flood damage. The cumulative effect of 15.50.145 Development of Substantial obstructions in areas of special flood hazards which Improvement and Substantial increase flood heights and velocities also contribute Damage Procedures. to the flood loss. (Ord. 93-5 § 1 (part), 1993) 15.50.150 Documentation of Floodplain 15.50.30 Statement of Purpose. 15.50.160 Development. Notification of Other Agencies. It is the purpose of this chapter to promote the 15.50.170 Map Determinations. public health, safety and general welfare, and tomin- 15.50.180 Appeals and Variance imize public and private losses due to flood condi- Procedure. tions in specific areas by provisions designed: 15.50.190 Conditions for Variances. A. To protect human life and health; 15.50.200 Standards of Construction. B. To minimize expenditure of public money for 15.50.205 Recreational Vehicles. costly flood control projects; 15.50.210 Standards for Utilities. C. To minimize the need for rescue and relief 15.50.220 Standards for Development and efforts associated with flooding which is generally Subdivisions. undertaken at the expense of the general public; 15.50.230 Coastal High Hazard Areas. D. To minimize prolonged business interrup- 15.50.240 Mudslide Prone Areas. tions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, tele- 579 (Newport Beach 7-19) 21-133 15.50.040 phone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by provid- ing for the sound use and development of areas of special flood hazard so as to minimize future blight areas caused by flood damage; G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 93-5 § 1 (part), 1993) 15.50.40 Methods of Reducing Flood Losses. In order to accomplish its purpose, this chapter includes methods and provisions to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be pro- tected against flood damage at the time of initial con- struction; C. Controlling the alteration of natural flood - plain, stream channels, and natural protective barri- ers, which help accommodate or channel flood waters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 93-5 § 1 (part), 1993) 15.50.50 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Addition" means any additional building square footage added to the lot. "Addition cost" means the "addition" square foot- age multiplied by the cost per foot average as deter- mined by the Building Official. (Newport Beach 7-19) W:1C "Adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH zone on the FIRM. The base flood depths range from one to three feet; a clearly defined chan- nel does not exist; the path of flooding is unpredict- able and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood -related erosion hazard" means the land within a community, which is most likely to be subject to severe flood -related erosion losses. The area may be designated as Zone E on the FIRM. "Area of special flood hazard." See "Special flood hazard area." "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the FIRM. "Base flood" means a flood, which has a one per- cent chance of being equaled or exceeded in any given year (also called the "one hundred (100)-year flood"). Base flood is the term used through this chapter. "Basement" means any area of the building hav- ing its floor subgrade, i.e., below ground level on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a 21-134 15.50.050 registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building." See "Structure." "Base Flood Elevation" Elevation of flooding, including wave height, having a 1% chance of being equaled or exceeded in any given year. "Coastal high hazard area" means an area of spe- cial flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on the FIRM as Zone VE or V. "Current value of the structure" means the exist- ing structure square footage multiplied by the cost per foot average as determined by the Building Offi- cial. "Design Flood Elevation" The design flood elevation shall be used to define flood hazard areas. At a minimum, the design flood elevation shall be the higher of the following_ 1.The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a 1-percent (100-year flood) or greater chance of being equaled or exceeded in M given year plus one foot of freeboard. 2.The elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or mate- rials. "Existing manufactured home park or subdivi- sion" means a manufactured home park or subdivi- sion for which the construction of facilities for servicing the lots on which the manufactured homes were affixed (including, at a minimum, the installa- tion of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before August 28, 1978, which was the effective date of the floodplain management reg- ulations adopted by the City. "Expansion to an existing manufactured home park or subdivision" means the preparation of addi- tional sites by the construction of facilities for servic- ing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 581 (Newport Beach 7-19) 21-135 "Flood, flooding, or flood water" means: of police power 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides; and 2. The condition resulting from flood -related erosion. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emer- gency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the floodway. "Flood hazard boundary map" or "FHBM" means the official map on which the Federal Emergency Management Agency has delineated the areas of flood hazards. "Flood insurance rate map" or "FIRM" means the official map on which the Federal Emergency Man- agement Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" or "FIS" means the offs- cial report provided by the Federal Emergency Man- agement Agency that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. See "Flooding." "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emer- gency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, spe- cial purpose ordinances (such as grading and erosion control) and other applications (Newport Beach 7-19) WX 21-136 15.50.050 which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of struc- tural and nonstructural additions, changes, or adjust- ments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as delineated on the FIRM. Also referred to as a "regulatory floodway." "Fraud and victimization" as related to Section 15.50.190, Variances, of this chapter, means that the variance granted must not cause fraud on or victim- ization of the public. In examining this requirement, the City of Newport Beach will consider the fact that every newly constructed building adds to govern- ment responsibilities and remains a part of the com- munity for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may pur- chase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facil- ities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term stor- age or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 15.50.190, Vari- ances, of this chapter, means the exceptional hard- ship that would result from a failure to grant the requested variance. The City of Newport Beach requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere eco- nomic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a slightly different use than originally intended. "Highest adjacent grade" means the highest natu- ral elevation of the ground surface prior to construc- tion next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily deter- mined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the histor- ical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of his- toric places in states with historic preservation pro- grams which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of his- toric places in communities with historic preserva- tion programs that have been certified either by an approved state program as determined by the Secre- tary of the Interior or directly by the Secretary of the Interior in states with approved programs. "Lowest floor" means the lowest floor of the low- est enclosed area, including basement. An unfin- ished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "basement") is not considered a building's lowest floor; provided, 583 (Newport Beach 7-19) 21-137 15.50.050 that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter. (Note: This defi- nition allows garages serving one or two dwelling units to be built at grade. Below grade garages serv- ing one or two dwelling units are not allowed as they are considered to be basements.) "Manufactured home" means a structure, trans- portable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual con- dition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. "Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. "New construction," for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is com- pleted on or after the effective date of floodplain management regulations adopted by this commu- nity. "North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community's flood insurance rate map are referenced. (Newport Beach 7-19) WE "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its like- lihood of being carried downstream. "One -hundred -year flood" or "100-year flood." See "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with rela- tively steep seaward and landward slopes immedi- ately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public safety and nuisance" as related to Section 15.50.190, Variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any nav- igable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a perma- nent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water sur- 21-138 15.50.050 face elevation more than one foot, as delineated on the FIRM. "Remodel" means any reconstruction, rehabilita- tion or renovation of an existing structure whereby no additional floor area is added to an existing struc- ture. "Remodel cost" means the cost of the remodel as determined by the Building Official. "Sand dunes" means naturally occurring accumu- lations of sand in ridges or mounds landward of the beach. "Sheet flow area." See "Area of shallow flood- ing." "Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e., mudflow) or flood -related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AE, A99, AH, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit. The actual start means either the first placement or permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excava- tion; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and fill- ing; nor does it include the installation of streets and/ or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erec- tion of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a "sub- stantial improvement," the actual start of construc- tion means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means any damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condi- tion (see "Remodel cost") would equal or exceed fifty (50) percent of the current value of the structure before the damage occurred. "Substantial improvement" means any new con- struction, "remodel" or "addition," where the remodel cost plus the addition cost is at least fifty (50) percent of the current value of the structure. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. However, the term does not include: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Offi- cial and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a historic structure; pro- vided, that the alteration will not preclude the struc- ture's continued designation as a historic structure. "V zone." See "Coastal high hazard area." "Variance" means a grant of relief from the requirements of this chapter, which permits con- struction in a manner that would otherwise be pro- hibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 585 (Newport Beach 7-19) 21-139 15.50.060 2019-2 §§ 3, 4, 2019; Ord. 2011-5 § 8 (part), 2011: Ord. 2005-5 § 4 (part), 2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.060 Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Newport Beach. (Ord. 93-5 § 1 (part), 1993) 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Orange County, California and Incorporated Area" dated revised Peeeffiber 3, 2009 March 21, 2019, with accompanying Flood Insur- ance Rate Maps (FIRMS), dated revised Deeember 3, ZS09March 21, 2019, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and all subsequent amend- ments and/or revisions, and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The FIS and the FIRMs are on file at the Office of the Community Develop- ment Department at 100 Civic Center Drive, New- port Beach, California 92660. (Ord. 2019-2 § 5, 2019: Ord. 2011-5 § 8 (part), 2011: Ord. 2005-5 § 4 (part), 2005: Ord. 95-36 § 1, 1995: Ord. 93-5 § 1 (part), 1993) 15.50.080 Compliance. No structure or land shall hereafter be con- structed, located, extended, converted, or altered without full compliance with the terms of this chap- ter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 93-5 § 1 (part), 1993) (Newport Beach 7-19) MR 15.50.090 Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 93-5 § 1 (part), 1993) 15.50.100 Interpretation. In the interpretation and application of this chap- ter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 93-5 § 1 (part), 1993) 15.50.110 Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory pur- poses and is based on scientific and engineering con- siderations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Newport Beach, any officer or employee thereof, or the Fed- eral Insurance Administration, Federal Agency Management Agency for any flood damages that result from reliance on this chapter or any adminis- trative decision lawfully made thereunder. (Ord. 93- 5 § 1 (part), 1993) 15.50.120 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be uncon- stitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be 21-140 15.50.130 unconstitutional or invalid. (Ord. 93-5 § 1 (part), 1993) 15.50.130 Designation of the Floodplain Administrator. The City Manager or his designated representa- tive is hereby appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The Floodplain Administrator shall also: A. Take action to remedy violations of this chap- ter; B. Complete and submit a biennial report to FEMA; and C. Assure the community's General Plan is con- sistent with floodplain management objectives. (Ord. 2011-5 § 8 (part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.135 Permit Review. The Floodplain Administrator or his designated representative shall review all development permits to determine: A. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; B. All other required State and Federal permits have been obtained; C. The site is reasonably safe from flooding; D. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and antici- pated development will not increase the water sur- face elevation of the base flood more than one foot at any point; and E. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issu- ance of building permits. Building permits must not be issued based on Conditional Letters of Map Revi- sion (CLOMRs). Approved CLOMRs allow con- struction of the proposed flood control project and land preparation as specified in the "start of con- struction" definition. (Ord. 2011-5 § 8 (part), 2011) 15.50.140 Review, Use of Other Base Flood Data. When base flood elevation data has not been pro- vided in accordance with Section 15.50.070, the Floodplain Administrator, or his or her designated representative, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 15.50.200 through 15.50.250. (Ord. 2019-2 § 6, 2019: Ord. 2011-5 § 8 (part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93- 5 § 1 (part), 1993) 15.50.145 Development of Substantial Improvement and Substantial Damage Procedures. The Floodplain Administrator or his designated representative shall: A. Answer to questions about substantially dam- aged buildings, develop detailed procedures for identifying and administering requirements for sub- stantial improvement and substantial damage to include defining "current value of the structure." B. Assure procedures are coordinated with other departments/divisions and implemented by commu- nity staff. (Ord. 2011-5 § 8 (part), 2011) 15.50.150 Documentation of Floodplain Development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed: A. The certification required in Section 15.50.200(C)(1)(e); B. The certification required in Section 15.50.200(C)(2)(c) (elevation or floodproofing of nonresidential structures); C. The certified elevation required in Section 15.50.220(B) (subdivision standards). (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 587 (Newport Beach 7-19) 21-141 15.50.160 15.50.160 Notification of Other Agencies. A. Alteration or Relocation of a Watercourse. The Floodplain Administrator or his designated rep- resentative shall: 1. Notify adjacent communities and the Califor- nia Department of Water Resources prior to alter- ation or relocation; 2. Submit evidence of such notification to the Federal Emergency Management Agency; 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. B. Base Flood Elevation Changes Due to Physi- cal Alterations. The Floodplain Administrator or his designated representative shall: 1. Within six months of information becoming available or project completion, whichever comes first, submit or assure that the permit applicant sub- mits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). 2. Verify all LOMRs for flood control projects are approved prior to the issuance of building per- mits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the pro- posed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confir- mation of those physical changes affecting flooding conditions, risk premium rates and floodplain man- agement requirements are based on current data. C. Changes in Corporate Boundaries. The Floodplain Administrator or his designated represen- tative shall notify FEMA in writing whenever the corporate boundaries have been modified by annex- ation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (Ord. 2011-5 § 8 (part), 2011) 15.50.170 Map Determinations. The Floodplain Administrator shall make inter- pretations where needed, as to the exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field condi- tions). The person contesting the location of the boundary shall be given a reasonable opportunity to (Newport Beach 7-19) MR appeal the interpretation as provided in Section 15.50.180. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.180 Appeals and Variance Procedure. A. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator or his designated rep- resentative, in the enforcement or administration of this chapter. B. The Planning Commission shall review and decide requests for variances. In ruling on such applications, the Planning Commission shall con- sider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flood- ing or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including mainte- nance and repair of public utilities and facilities such 21-142 15.50.190 as sewer, gas, electric, water systems, and streets and bridges. C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size con- tiguous to and surrounded by lots with existing struc- tures constructed below the base flood level, providing all items in this chapter have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. D. Upon consideration of the factors set forth in Section 15.50.190 and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. Those aggrieved by the decision of the Plan- ning Commission may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Planning Commission under this chapter as pro- vided in Title 20. F. The Floodplain Administrator shall maintain the records of all appeal actions and report any vari- ances to the Federal Emergency Management Agency in the biennial report. (Ord. 2019-2 § 7, 2019: Ord. 2015-9 § 28, 2015; Ord. 2013-24 § 14, 2013: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.190 Conditions for Variances. A. Variances may be issued for the reconstruc- tion, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this sec- tion upon determination that the proposed repair or rehabilitation will not preclude the structure's con- tinued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. B. Variances shall not be issued within any des- ignated floodway if any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a deter- mination that the variance is the minimum neces- sary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the vari- ance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a vari- ance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victim- ization of, the public, or conflict with existing local laws or ordinances. E. Variances may be issued for new construc- tion and substantial improvements and for other development necessary for the conduct of a function- ally dependent use; provided, that the structure or other development is protected by methods that min- imize flood damages during the base flood and create no additional threats to public safety. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced flood low- est flood elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in chain of title of the affected parcel of land. (Ord. 2011-5 § 8 (part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.200 Standards of Construction. In all areas of special flood hazards, all new con- struction, all substantial improvements of structures, including, but not limited to, a structure used for a residential or nonresidential use, or any manufac- tured home, shall meet the following standards: A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the struc- ture resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 589 (Newport Beach 7-19) 21-143 15.50.200 3. With electrical, heating, ventilation, plumb- ing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. For AH or AO Zones, so that there are ade- quate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodprooflng. 1. Residential construction shall have the lowest floor, including basement: a. In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus 1 _ foot of freeboard, or ele- vated at least two feet above the highest grade if no depth number is specified. b. In an unnumbered A Zone, elevated to or above the base flood elevation, as determined by the City of New- port Beach. 1}c. Coastal High Hazard Zones, VE and Coastal A Zones, shall also comply with the requirements of Section 15.50.230 Ed_In all other zones, elevated to or above the ba-se-design flood elevation per Section 15.50.070. d-e_Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must exceed the following minimum criteria: i. Be certified by a registered professional engi- neer or architect to comply with a local floodproof- ing standard approved by the Federal Emergency Management Agency; or ii. Have a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flood- ing where the enclosed area is measured on the exterior of the enclosure walls. The bottom of all openings shall be no higher than one foot above gr-adethe higher of the final interior grade or floor and the finished exterior grade immediately under each opening. Openings may be equipped with screens, louvers, valves or other cov- erings or devices; (Newport Beach 7-19) 590 provided, that they permit the automatic entry and exit of flood water. Openings shall be permitted to be installed in doors and windows, doors and windows without installed openings do not meet the requirements of this section. e.f_Upon completion of the structure, the eleva- tion of the lowest floor including basement shall be certified by a registered professional engineer or sur- veyor, and verified by the community building inspector to be properly elevated. Such certification 21-144 or verification shall be provided to the Floodplain Administrator. 2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsections (C)(1)(a), (b) and (c) of this section or together with attendant utility and sanitary facilities: a. Be floodproofed below the elevation recom- mended under subsections (C)(1)(a), (b) and (c) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resist- ing hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engi- neer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. 3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall be ele- vated to or above the base flood elevation and be securely anchored to an adequately anchored foun- dation system to resist flotation, collapse and lateral movement. D. Required Submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the New- port Beach Administrative Code, adopted in Section 15.02.10. In addition to submittals required by the Newport Beach Administrative Code, drawings shall show the nature, location, dimensions, and eleva- tions of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: 1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all struc- tures; 2. Proposed elevation, in relation to NAVD, to which any structure will be floodproofed; 3. All appropriate certifications listed in Section 15.50.150; 4. Description of the extent to which any water- course will be altered or relocated as a result of the proposed development; and 589 (Newport Beach 7-19) 21-145 15.50.205 5. Plans for any walls to be used to enclose space below the base flood levels. E. Floodways. Encroachments, including fill, new construction, substantial improvements, and other development within floodways are prohibited, unless it has been demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and hydraulic analysis performed and certified by a registered civil engineer in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge. (Ord. 2019-2 § 8, 2019: Ord. 2011-5 § 8 (part), 2011: Ord. 2005-5 § 4 (part), 2005: Ord. 2002-20 § 8 (part), 2002: Ord. 95-36 § 2, 1995: Ord. 93-5 § 1 (part), 1993) 15.50.205 Recreational Vehicles. In all areas of special flood hazards, all recre- ational vehicles shall: A. Be on the site for fewer than one hundred eighty (180) consecutive days; or B. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and secu- rity devices, and has no permanently attached addi- tions). (Ord. 2018-2 § 9, 2019) 15.50.210 Standards for Utilities. A. All new and replacement electrical, heating, ventilation, plumbing and air conditioning equip- ment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during con- ditions of flooding using the following minimum requirements or similar methods:. 1. Electrical service conduits and cables below the design flood elevation shall be waterproofed or conform to the provisions of the electrical code for wet locations. 2. Panelboards, load centers, main disconnect switches, and all circuit breakers shall be located above and be accessible from above the Design Flood Elevation. 3. Plumbing systems and components, including plumbing fixtures, shall be elevated (Newport Beach 7-19) 590 above the design flood elevation. The openings shall be protected with automatic backwater valves or other automatic backflow devices. Devices shall be installed in each line that extends below the design flood elevation to prevent release of sewage into floodwaters and to prevent infiltration by floodwaters into the plumbing. 4. Ductwork and ductwork insulation shall be at or above the design flood elevation unless designed, constructed, and installed to resist all flood -related loads and to prevent floodwater from entering or accumulating within the ductwork. 5. Air intake openings and exhaust outlets shall be at or above the design flood elevation. 6. All elevator components shall be located above the design flood elevation. B. New and replacement sanitary sewage sys- tems shall be designed to minimize or eliminate infil- tration of flood waters into the systems and discharge from the systems into flood waters. C. On -site waste disposal systems shall be located to avoid impairment to them or contamina- tion from them during flooding. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 21-146 15.50.220 Standards for Development and Subdivisions. A. All preliminary development and subdivision proposals shall identify the flood hazard area and elevation of the base flood. B. All final development and subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a regis- tered professional engineer or surveyor and provided to the Floodplain Administrator. C. All development and subdivision proposals shall be consistent with the need to minimize flood damage. D. All development and subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage. E. All development and subdivisions shall pro- vide adequate drainage to reduce exposure to flood hazards. F. A development permit shall be obtained before any construction begins on a development or a subdivision, including manufactured homes, within any area of special flood hazards established in Section 15.50.070. Application for a development permit shall be made on forms furnished by the City Manager or his or her designated representative and shall include but not be limited to: plans in duplicate, drawn to scale showing: the location, dimensions, and elevations of each existing or proposed structure within the development or subdivision; existing and proposed grades, and drainage facilities. Specifi- cally, the following information is required: 1. Proposed locations of water supply, sanitary sewer, and other utilities; 2. Location of the regulatory floodway when applicable; 3. Base flood elevation information as specified in Section 15.50.070; 4. Proposed elevation, in relation to NAVD, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including base- ment) of all structures; 5. Proposed elevation, in relation to NAVD, of the lowest floor (including basement) of all struc- tures; 589 (Newport Beach 7-19) 21-147 15.50.230 6. Proposed elevation, in relation to NAVD, to which any nonresidential structure will be flood - proofed, as required under Section 15.50.200(C)(2) and detailed in FEMA Technical Bulletin TB 3-93, which Bulletin is incorporated herein by this refer- ence as though fully set forth; 7. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.50.200(C)(2)(c); 8. All appropriate certifications listed in Section 15.50.150; 9. Description of the extent to which any water- course will be altered or relocated as a result of the proposed development; 10. Plans for any walls to be used to enclose space below the base flood level; and 11. Provide certification that all necessary per- mits have been obtained from Federal, State, and local governmental agencies from which prior approval is required. NOTE: It is the developer's responsibility to obtain these approvals. G. The Floodplain Administrator shall: 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review the developer's certification that all other required State and Federal permits have been obtained; 3. Review all development permits to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated; 4. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; 5. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; and 6. Take action to remedy violations of this chap- ter. (Ord. 2019-2 § 10, 2019: Ord. 2005-5 § 4 (part), 2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) (Newport Beach 7-19) 590 15.50.230 Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, V 1- 30, and VE, as delineated in the FIS and FIRM, the following standards shall apply: A. All new residential and nonresidential con- struction, including substantial improvement/dam- age, and manufactured homes shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bot- tom of the lowest horizontal structural members of the lowest floor (excluding the pilings and columns) is elevated to or above the base —design flood kwi4elevation. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by the California Building Code. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with break- away walls as defined in Section 15.50.050. Such enclosed space shall not be used for human habita- tion and will be usable solely for parking of vehicles, building access or storage. Elevator shafts in Coastal High Hazard Areas and Coastal A Zones are not required to have breakaway walls and shall comply with FEMA Technical Bulletin 4, Elevator Installation (latest edition). D. Fill shall not be used for structural support of buildings. E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or land surveyor that a proposed structure complies with subsection (A) of this section; 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or col- umns) of all new and substantially improved struc- tures, and whether such structures contain a basement. (Ord. 2019-2 § 11, 2019: Ord. 590-1 (Newport Beach 7-19) 21-148 15.50.240 2011-5 § 8 (part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.240 Mudslide Prone Areas. A. The Floodplain Administrator shall review permits for proposed construction and development to determine if it is proposed within a mudslide area. B. Permits shall be reviewed to determine that the proposed site and improvement will be reason- ably safe from mudslide hazards. Factors to be con- sidered in making this determination include but are not limited to the: 1. Type and quality of soils, 2. Evidence of ground water or surface water problems, 3. Depth and quality of any fill, 4. Overall slope of the site, and 5. Weight that any proposed development will impose on the slope. C. Within areas which may have mudslide haz- ards, the Floodplain Administrator shall require that: 1. A site investigation and further review be made by persons qualified in geology and soils engi- neering; 2. The proposed grading, excavation, new con- struction, and substantial improvement be ade- quately designed and protected against mudslide damages; 3. The proposed grading, excavations, new con- struction, and substantial improvement not aggra- vate the existing hazard by creating either on -site or off -site disturbances; and 4. Drainage, planting, watering, and mainte- nance not endanger slope stability. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 15.50.250 Flood -Related Erosion -Prone Areas. A. The Floodplain Administrator shall require permits for proposed construction and other devel- opment within all flood -related erosion -prone areas as known to the community; B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood - related erosion and will not cause flood -related ero- sion hazards or otherwise aggravate the existing haz- ard; C. If a proposed improvement is found to be in the path of flood -related erosion or would increase the erosion hazard, such improvement shall be relo- cated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard; D. Within zone VE on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be des- ignated according to the flood -related erosion hazard and erosion rate, in relation to the anticipated "Use- ful life" of structures, and depending upon the geo- logic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricul- tural, forestry, outdoor recreation and wildlife habi- tat areas, and for other activities using temporary and portable structures only. (Ord. 2005-5 § 4 (part), 2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993) 591 (Newport Beach 8-13) 21-151 15.55.010 (Newport Beach 8-13) 592 21-152 0 s•. Mcmbcr of ;ham irrt,4Wr5nhq%rtnl CpQc FZ�rndy* f r 'V r �R I a 10133H442 INTERNATIONAL PROPERTY Copyright C 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonce Tha�ortbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 —21 AM (PDT) 2`I-154— Agreement with ICC. No further reproduce,,, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 2021 International Property Maintenance Code' Date of First Publication: September 30, 2020 First Printing: September 2020 ISBN: 978-1-60983-971-0 (soft-cover edition) COPYRIGHT © 2020 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2021 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on use rights and permissions, please contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). Trademarks: "International Code Council," the "International Code Council" logo, "ICC," the "ICC' logo, "International Prop- erty Maintenance Code," "IPMC" and other names and trademarks appearing in this book are trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission. T025354 PRINTED IN THE USA Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2r1- 55ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338442 Introduction Development PREFACE The International Property Maintenance Code® (IPMC®) establishes minimum requirements for the maintenance of existing buildings through model code regulations that contain clear and specific prop- erty maintenance and property improvement provisions. This 2021 edition is fully compatible with all of the International Codes® (I -Codes°) published by the International Code Council° (ICC°), including the International Building Code' (IBC°), International Energy Conservation Code' (IECC°), Interna- tional Existing Building Code® (IEBC°), International Fire Code' (IFC°), International Fuel Gas Code' (IFGC®), International Green Construction Code® (IgCC°), International Mechanical Code° (IMC°), International Plumbing Code' (IPC®), International Private Sewage Disposal Code' (IPSDC°), Interna- tional Residential Code° (IRC°), International Swimming Pool and Spa Code® (ISPSC°), International Wildland-Urban Interface Code° (IWUIC®), International Zoning Code° (IZC®) and International Code Council Performance Code° (ICCPC°). The I -Codes, including the IPMC, are used in a variety of ways in both the public and private sectors. Most industry professionals are familiar with the I -Codes as the basis of laws and regulations in com- munities across the US and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including: • Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance. • The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions. • Certification and credentialing of individuals involved in the fields of building design, construc- tion and safety. • Certification of building and construction -related products. • US federal agencies, to guide construction in an array of government -owned properties. • Facilities management. • `Best practices" benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism. • College, university and professional school textbooks and curricula. • Reference works related to building design and construction. In addition to the codes themselves, the code development process brings together building pro- fessionals on a regular basis. It provides an international forum for discussion and deliberation about building design, construction methods, safety, performance requirements, technological advances and innovative products. This 2021 edition presents the code as originally issued, with changes reflected in the 2003 through 2018 editions and with further changes developed through the ICC Code Development Process through 2019. A new edition of the code is promulgated every 3 years. This code is intended to establish provisions that adequately protect public health, safety and wel- fare and that neither unnecessarily increase construction costs nor give preferential treatment to par- ticular types or classes of materials, products or methods of construction. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)�� r euse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code develop- ment process in which all interested and affected parties may participate. The ICC Code Development Process reflects principles of openness, transparency, balance, due pro- cess and consensus, the principles embodied in OMB Circular A-119, which governs the federal gov- ernment's use of private -sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC's cloud -based app, cdpAc- cess°. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons. In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC's important public safety mission. Some code development committee members were nominated by the following industry partners and approved by the ICC Board: • American Institute of Architects (AIA) National Association of Home Builders (NAHB) The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council -wide votes. The ICC's governmental members —public safety officials who have no financial or business inter- est in the outcome —cast the final votes on proposed changes. The contents of this work are subject to change through the code development cycles and by any governmental entity that enacts the code into law. For more information regarding the code develop- ment process, contact the Codes and Standards Development Department of the ICC. While the I -Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of the codes disclaim any liability resulting from the publi- cation or use of the I -Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers) In each code development cycle, proposed changes to this code are considered at the Code Develop- ment Hearings by the International Property Maintenance/Zoning Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the pro- posed changes. Proposed changes to a code section having a number beginning with a letter in brack- ets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the Interna- tional Fire Code Development Committee at the Committee Action Hearing. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] = Administrative Code Development Committee; [F] = International Fire Code Development Committee; [P] = International Plumbing Code Development Committee; [BE] = IBC —Egress Code Development Committee; and [BG] = IBC —General Code Development Committee. For the development of the 2024 edition of the I -Codes, there will be two groups of code develop- ment committees and they will meet in separate years, as shown in the following Code Development Hearings Table. Iv 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) mono ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2,11 L.e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338442 Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because different com- mittees hold Committee Action Hearings in different years, proposals for the IPMC will be heard by committees in both the 2021 (Group A) and the 2022 (Group B) code development cycles. For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, which is part of the Group B portion of the hearings. This committee will hold its Committee Action Hearings in 2022 to consider code change proposals for Chapter 1 of all I -Codes except the IECC, IRC and IgCC. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for consideration in 2022. It is very important that anyone submitting code change proposals understands which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the Code Development Committee responsibilities, please visit the ICC website at www.iccsafe.org/current-code-development-cycle. CODE DEVELOPMENT HEARINGS Group A Codes (Heard in 2021, Code Change Group B Codes (Heard in 2022, Code Change Proposals Deadline: January 11, 2021) Proposals Deadline: January 10, 2022) International Building Code— Administrative Provisions (Chapter 1 of all codes Egress (Chapters 10, 11, Appendix E) except IECC, IRC and IgCC; IBC Appendix 0; the — Fire Safety (Chapters 7, 8, 9, 14, 26) appendices titled "Board of Appeals" for all codes except IECC, IRC, IgCC, ICCPC and IZC; — General (Chapters 2-6, 12, 27-33, administrative updates to currently referenced Appendices A, B, C, D, K, N) standards; and designated definitions) International Fire Code International Building Code —Structural (Chapters 15-25, Appendices F, G, H, I, J, L, M) International Fuel Gas Code International Existing Building Code International Mechanical Code International Energy Conservation Code — Commercial International Plumbing Code International Energy Conservation Code — Residential — IECC—Residential — IRC—Energy (Chapter 11) International Property Maintenance Code International Green Construction Code (Chapter 1) International Private Sewage Disposal Code International Residential Code — IRC—Building (Chapters 1-10; Appendices AE, AF, AH, AJ, AK, AL, AM, AC, AQ, AR, AS, AT, AU, AV, AW) International Residential Code — IRC—Mechanical (Chapters 12-23) — IRC—Plumbing (Chapters 25-33, Appendices AG, Al, AN, AP) International Swimming Pool and Spa Code International Wildland-Urban Interface Code International Zoning Code Note: Proposed changes to the ICCPC will be heard by the code development committee noted in brackets [ ] in the text of the ICCPC. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2,11 Sense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and uetworkimg prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2018 edition. Deletion indicators in the form of an arrow ( no) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a row of a table has been deleted. A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2021 edition of the IPMC. RELOCATIONS 2021 LOCATION 2018 LOCATION 104.1 103.5 105 104 105.7-105.7.1 103.4-103.4.1 106 105 107.2 111.1 108.1 111.2 109 106 110 112 111 108 111.4-111.6 107.1-107.4, 107.6 112 109 113 110 B 101.2.2 111.8 B101.3 111.2 B101.3.2 111.2.1 B 101.3.4 111.2.2 B 101.3.5 111.2.4 B101.3.6 111.2.3 B101.3.7 111.2.5 B 101.4 111.4.1 B101.5 111.3 B101.5.3 111.5 B101.7 111.6 B 101.7.1 111.6.1 B101.8 111.7 A 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) mono ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2, nj t&ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338442 Coordination of the International Codes Italicized Terms Adoption The coordination of technical provisions is one of the strengths of the ICC family of model codes. The codes can be used as a complete set of complementary documents, which will provide users with full integration and coordination of technical provisions. Individual codes can also be used in subsets or as stand-alone documents. To make sure that each individual code is as complete as possible, some tech- nical provisions that are relevant to more than one subject area are duplicated in some of the model codes. This allows users maximum flexibility in their application of the I -Codes. Terms italicized in code text, other than document titles, are defined in Chapter 2. The terms selected to be italicized have definitions that the user should read carefully to better understand the code. Where italicized, the Chapter 2 definition applies. If not italicized, common -use definitions apply. The ICC maintains a copyright in all of its codes and standards. Maintaining copyright allows the ICC to fund its mission through sales of books, in both print and electronic formats. The ICC welcomes adop- tion of its codes by jurisdictions that recognize and acknowledge the ICC's copyright in the code, and further acknowledge the substantial shared value of the public/private partnership for code develop- ment between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All I -Codes and I -Standards, along with the laws of many jurisdictions, are available for free in a nondownloadable form on the ICC's website. Jurisdictions should contact the ICC at adoptions@iccsafe.org to learn how to adopt and distribute laws based on the IPMC in a manner that provides necessary access, while maintaining the ICC's copyright. To facilitate adoption, several sections of this code contain blanks for fill-in information that needs to be supplied by the adopting jurisdiction as part of the adoption legislation. For this code, please see: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.1. Insert: [NAME OF DEPARTMENT] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Effective Use of the International Property Maintenance Code The IPMC is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® vii Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2, nl 6& s Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and net—Lmg prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 viii 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2 14,64rnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338442 ARRANGEMENT AND FORMAT OF THE 2021 IPMC Before applying the requirements of the IPMC, it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during a plan review or inspection. Below is a chapter -by -chapter synopsis of the scope and intent of the provisions of the IPMC. The following table shows how the IPMC is divided. The ensuing chapter -by -chapter synopsis details the scope and intent of the provisions of the IPMC. Chapter Topics Chapter Subjects 1 Scope and Administration 2 Definitions 3 General Requirements 4 Light, Ventilation and Occupancy Limitations 5 Plumbing Facilities and Fixture Requirements 6 Mechanical and Electrical Requirements 7 Fire Safety Requirements 8 Referenced Standards Appendix A Boarding Standard Appendix B Board of Appeals Chapter 1 Scope and Administration Chapter 1 contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establishing the scope of the code, Chapter 1 identifies which buildings and structures come under its purview. Chapter 1 is largely concerned with maintaining "due process of law" in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that "equal protection under the law" has been provided. Chapter 2 Definitions All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term's definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code -defined meaning be known. Guidance is provided regarding tense, gender and plurality of defined terms as well as guidance regarding terms not defined in this code. Chapter 3 General Requirements Chapter 3, "General Requirements," is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter pro- vides requirements that are intended to maintain a minimum level of safety and sanitation for both 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® ix Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2,11192en Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; maintenance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and estab- lishes who is responsible for complying with the chapter's provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies. Chapter 4 Light, Ventilation and Occupancy Limitations The purposes of Chapter 4 are to set forth these requirements in the code and to establish the mini- mum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding. This chapter also provides for alter- native arrangements of windows and other devices to comply with the requirements for light and ven- tilation and prohibits certain room arrangements and occupancy uses. Chapter 5 Plumbing Facilities and Fixture Requirements Chapter 5 establishes the minimum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures. Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the minimum criteria to verify that these principles are maintained throughout the life of a building. Chapter 6 Mechanical and Electrical Requirements The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to establish minimum standards for the safety of these facilities. This chapter establishes minimum criteria for the installation and maintenance of the following: heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; elec- trical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters. Chapter 7 Fire Safety Requirements The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building's occu- pancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings. This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings. Chapter 8 Referenced Standards The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compliance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) mono ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2,1163e— Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101338442 Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency's standards are then listed in either alphabetical or numeric order based upon the standard identification. The list also contains the title of the standard; the edition (date) of the standard refer- enced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. Appendix A Boarding Standard The provisions in Appendix A are not mandatory unless specifically referenced in the adopting ordi- nance. This appendix provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. Appendix B Board of Appeals The provisions contained in Appendix B are not mandatory unless specifically referenced in the adopt- ing ordinance. This appendix provides criteria for Board of Appeals members and procedures by which the Board of Appeals should conduct its business. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® A Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2, nl ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and uetworkimg prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 xii 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- 645ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION .. 1-1 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ..... 4-1 PART 1—SCOPE AND APPLICATION........... 1-1 Section 101 Scope and General Requirements .............. 1-1 102 Applicability .............................. 1-1 PART 2—ADMINISTRATION AND ENFORCEMENT .............................. 1-2 Section 103 Code Compliance Agency ................... 1-2 104 Fees ..................................... 1-2 105 Duties and Powers of the Code Official ......... 1-2 106 Approval ................................. 1-3 107 Means of Appeal .......................... 1-3 108 Board of Appeals .......................... 1-3 109 Violations ................................ 1-4 110 Stop Work Order .......................... 1-4 III Unsafe Structures and Equipment ............. 1-4 112 Emergency Measures ....................... 1-6 113 Demolition ............................... 1-7 CHAPTER 2 DEFINITIONS ................... 2-1 Section 201 General .................................. 2-1 202 General Definitions ........................ 2-1 CHAPTER 3 GENERAL REQUIREMENTS...... 3-1 Section 301 General .................................. 3-1 302 Exterior Property Areas ..................... 3-1 303 Swimming Pools, Spas and Hot Tubs .......... 3-2 304 Exterior Structure .......................... 3-2 305 Interior Structure .......................... 3-4 306 Component Serviceability ................... 3-4 307 Handrails and Guardrails .................... 3-5 308 Rubbish and Garbage ....................... 3-5 309 Pest Elimination ........................... 3-6 Section 401 General .................................. 4-1 402 Light .................................... 4-1 403 Ventilation ............................... 4-1 404 Occupancy Limitations ..................... 4-2 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ...... 5-1 Section 501 General .................................. 5-1 502 Required Facilities ......................... 5-1 503 Toilet Rooms ............................. 5-1 504 Plumbing Systems and Fixtures ............... 5-1 505 Water System ............................. 5-2 506 Sanitary Drainage System ................... 5-2 507 Storm Drainage ........................... 5-2 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS ................ 6-1 Section 601 General .................................. 6-1 602 Heating Facilities .......................... 6-1 603 Mechanical Equipment ..................... 6-1 604 Electrical Facilities ......................... 6-2 605 Electrical Equipment ....................... 6-2 606 Elevators, Escalators and Dumbwaiters......... 6-3 607 Duct Systems ............................. 6-3 CHAPTER 7 FIRE SAFETY REQUIREMENTS ... 7-1 Section 701 General .................................. 7-1 702 Means of Egress ........................... 7-1 703 Fire -resistance Ratings ...................... 7-1 704 Fire Protection Systems ..................... 7-2 705 Carbon Monoxide Alarms and Detection ....... 7-5 CHAPTER 8 REFERENCED STANDARDS ...... 8-1 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® AN Copyright 0 2o2o ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (CRY of Newport Reach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 TABLE OF CONTENTS APPENDIX A BOARDING STANDARD ......... A-1 Section A101 General.................................A-1 A 102 Materials ................................ A-1 A103 Installation ............................... A-1 A104 Referenced Standard ....................... A-1 APPENDIX B BOARD OF APPEALS............ B-1 Section B 10 1 General.................................B-1 INDEX .................................. INDEX-1 AV 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° �� Copyright ®2020ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24 4l'J`/�ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distributio. authorized. Single user only, copying a.d networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 1 SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101 and 102) and Part 2—Administration and Enforcement (Sections 103 — 110). Section 101 identifies which buildings and structures come under its purview and references other /-Codes as applicable. This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its admin- istration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the property owner and building occupants. This Chapter was extensively reorganized for the 2021 edition. For clarity, the relocation marginal markings have not been included. For complete information, see the relocations table in the Preface information of this code. PART 1 — SCOPE AND APPLICATION SECTION 101 SCOPE AND GENERAL REQUIREMENTS [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." [Al 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary mainte- nance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare inso- far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsi- ble for the maintenance of buildings, structures and premises. [A] 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 International Building Code, International Existing Building Code, International Energy Conservation Code, Interna- tional Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions. 102.6 Structural analysis. Where structural analysis is used to determine if an unsafe structural condition exists, the anal- ysis shall be permitted to use nominal strengths, nominal 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1-1 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- 46ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338442 loads, load effects, required strengths and limit states in accordance with the requirements under which the structure was constructed or in accordance with any subsequent requirement. [A] 102.7 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equip- ment or appliance, the conditions of the listing shall apply. [A] 102.8.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. [A] 102.8.2 Provisions in referenced codes and stan- dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the referenced code or standard. [A] 102.9 Requirements not covered by code. Require- ments necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifi- cally covered by this code, shall be determined by the code official. [Al 102.10 Application of references. References to chap- ter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. [Al 102.11 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103 CODE COMPLIANCE AGENCY [Al 103.1 Creation of agency. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104 FEES [A] 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibili- ties under this code shall be as established by the applicable governing authority. 104.2 Refunds. The code official is authorized to establish a refund policy. SECTION 105 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 105.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. [A] 105.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible indi- vidual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. [A] 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or when- ever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 105.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 105.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 1-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- 619r-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION [Al 105.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. [A] 105.7 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 105.7.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 106 APPROVAL [Al 106.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner's authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compli- ance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. [Al 106.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifi- cally prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative mate- rial, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved. [A] 106.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction. [A] 106.3.1 Test methods. Test methods shall be as spec- ified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 106.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 106.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 106.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 106.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 107 MEANS OF APPEAL 107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official rela- tive to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. [A] 107.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. 107.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. 107.4 Administration. The code official shall take immedi- ate action in accordance with the decision of the board. SECTION 108 BOARD OF APPEALS [A] 108.1 Membership of board. The board of appeals shall consist of not less than three members who are qualified by 4- 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number A101338442 on Aug 26, 2o22 07:21 AM (PDT) 24- r7lanse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338442 experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-offcio member but shall not vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. SECTION 109 VIOLATIONS [A] 109.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4. [A] 109.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 111.4 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceed- ing at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [Al 109.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Al 109.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal offi- cer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 110 STOP WORK ORDER [A] 110.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 110.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 110.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to I fines established by the authority having jurisdiction. SECTION III UNSAFE STRUCTURES AND EQUIPMENT 111.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 111.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete collapse is possible. 111.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 111.1.3 Structure unfit for human occupancy. A struc- ture is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disre- pair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks venti- lation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occu- pants of the structure or to the public. 111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 111.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction 1-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 1-4t74rnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deteriora- tion, decay, faulty construction, the removal or movement of some portion of the ground neces- sary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire -resistance -rated construc- tion, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 111.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the prem- ises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the prem- ises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 111.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize discon- nection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.8 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 111.3 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. 111.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 111.4.1 and 111.4.2 to the owner or the owner's authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section. 111.4.1 Form. Such notice shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1-5 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number A101338442 on Aug 26, 2022 07:21 AM (PDT) 24-471I i`—e Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338442 5. Inform the property owner or owner's authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 109.3. 111.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one of the following methods: 1. A copy is delivered personally. 2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. 3. A copy is delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the fore- going manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 111.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official. 111.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 111.7 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a plac- ard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment. 111.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 111.8 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner's authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 111.9 Restoration or abatement. The structure or equip- ment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner's authorized agent, operator or occupant of a struc- ture, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the International Existing Building Code. SECTION 112 EMERGENCY MEASURES 112.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any struc- ture or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forth- with. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. 112.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 112.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 1-6 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua 713rnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 112.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and mate- rials to perform the required work as expeditiously as possible. 112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the juris- diction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs. 112.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 113 DEMOLITION 113.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be danger- ous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. 113.2 Notices and orders. Notices and orders shall comply with Section 111.4. 113.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 113.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1-7 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov),(City of Newport Reach)Order NumberAto1338442 on Aug 26, 2o22 07:21 AM(PDT)214r714nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 1-8 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua47&-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 2 DEFINITIONS User note: About this chapter. Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by the International Existing Building Code. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwell- ing," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof" SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building that is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [A] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots. EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or other similar device that provides for a means of escape and access for rescue in the event of an emergency. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) 24- r7ll&e Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS 101338442 GARBAGE. The animal or vegetable waste resulting from OCCUPANT. Any individual living or sleeping in a build - the handling, preparation, cooking and consumption of food. ing, or having possession of a space within a building. [BE] GUARD. A building component or a system of build- ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. [A] HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition that could cause seri- ous or life -threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [Al LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above -labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munic- ipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. [A] PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm). ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. [A] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwell- ing unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed. 2-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2 1ua4t7L7 nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustain- able load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and with- out marring adjacent work. [Z] YARD. An open space on the same lot with a structure. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2-3 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- r7llg— Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 2-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua 719ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 3 GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land; the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; extermination of insects and rodents; access barriers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keep- ing in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regu- lations, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3-1 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- CJ'l'Y`nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL REQUIREMENTS 101338442 of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight. 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects. 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects. 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects. 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- 3-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2 1ua ,84r se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL REQUIREMENTS 101338442 ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions includ- ing, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and main- tained in good working order. For the purpose of this section, a sliding bolt shall not be considered an accept- able deadbolt lock. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) 24- 6 ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL REQUIREMENTS 101338442 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash lock- ing device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unautho- rized entry. 304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occu- pancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Structural members are incapable of supporting nominal loads and load effects. 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reason- ably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equip- ment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be deter- mined as unsafe and shall be repaired or replaced to comply with the International Building Code or the Inter- national Existing Building Code as required for existing buildings: Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reac- tion from the soil. 1.4. Inadequate soil as determined by a geotechnical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 3-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua463r-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL REQUIREMENTS 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the follow- ing conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facil- ity or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechani- cal food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3-5 Copyright 0 2o2o ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (Ithai@newportbeachca.gov), (CRY of Newport Reach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) 2 1el"nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 GENERAL REQUIREMENTS SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one -family dwell- ing or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occu- pancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. 3-6 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua 65ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS User note: About this chapter. Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding. SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to occupy, any premises that do not comply with the require- ments of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one - and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcan- dle (I I lux) at floors, landings and treads. 402.3 Other spaces. Other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 4-1 Copyright 02020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov),(City of Newport Reach)Order NumberAto1338442 on Aug 26, 2o22 07:21 AM (PDT) ��ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 101338442 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passage- way of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hall- ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or gird- ers spaced not less than 4 feet (1219 mm) on center and projecting not greater than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recre- ation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceil- ing height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the require- ments of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabit- able spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water -heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living room&• b 120 120 150 Dining room,, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.0929 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occu- pancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleep- ing area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to func- tion as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cook- ing appliance and refrigeration facilities, each having a minimum clear working space of 30 inches 4-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- C7` r-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sani- tary disposal of food wastes and refuse, including facilities for temporary storage. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 4-3 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- 40ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 4-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24ua 6 rose Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS User note: About this chapter: Chapter 5 establishes minimum sanitary and clean conditions in occupied buildings by containing requirements for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal systems and related plumbing fixtures. Chapter 5 includes requirements for providing potable water to a building and the basic fixtures to effectively utilize and dispose of that water. SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. [P] 502.4 Employees' facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeep- ing units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. [P] 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' work- ing area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) 24— 09nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PLUMBING FACILITIES AND FIXTURE REQUIREMENTS 101338442 inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lava- tories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmo- spheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. [P] 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function prop- erly, safely, and free from defects and leaks. [P] 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [P] 505.5 Nonpotable water reuse systems. Nonpotable water reuse systems and rainwater collection and convey- ance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 505.5.1. [P] 505.5.1 Abandonment of systems. Where a nonpota- ble water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accor- dance with Section 1301.10 of the International Plumbing Code. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installa- tion instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of mainte- nance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 5-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 202207:21 AM (PDT) 2 1 4,94ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS User note: About this chapter: Chapter 6 establishes minimum performance requirements for heating, electrical and mechanical facilities serving existing structures, such as heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services, lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters. SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bath- rooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel -burning space heat- ers be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bath- rooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, main- tenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel -burning appli- ances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. Fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible materials shall be maintained. 603.4 Safety controls. Safety controls for fuel -burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 6-1 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24-492ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER MECHANICAL AND ELECTRICAL REQUIREMENTS 101338442 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three -wire, 120/240 volt, single- phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribu- tion equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protec- tors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated not more than 600 volts or less. 2. Busway, rated not more than 600 volts. 3. Panelboards, rated not more than 600 volts. 4. Switchboards, rated not more than 600 volts. 5. Fire pump controllers, rated not more than 600 volts. 6. Manual and magnetic motor controllers. 7. Motor control centers. 8. Alternating current high -voltage circuit breakers. 9. Low -voltage power circuit breakers. 10. Protective relays, meters and current transformers. 11. Low- and medium -voltage switchgear. 12. Liquid -filled transformers. 13. Cast -resin transformers. 14. Wire or cable that is suitable for wet loca- tions and whose ends have not been exposed to water. 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water. 16. Luminaires that are listed as submersible. 17. Motors. 18. Electronic control, signaling and commu- nication equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote recepta- cle outlets. Every laundry area shall contain not less than one grounding -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric lumi- naire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 6-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24-493rnse Agreement with ICC. No further reproducbon, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER MECHANICAL AND ELECTRICAL REQUIREMENTS 605.4 Wiring. Flexible cords shall not be used for perma- nent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicu- ous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 6-3 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number A101338442 on Aug 26, 2022 07:21 AM (PDT) i' 4 1"nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 6-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2 l4Qense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 7 FIRE SAFETY REQUIREMENTS User note: About this chapter. Chapter 7 establishes fire safety requirements for existing structures by providing requirements for means of egress, including path of travel, required egress width, means of egress doors and emergency escape openings, and for the maintenance of fire - resistance -rated assemblies, fire protection systems, and carbon monoxide alarm and detection systems. SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter. SECTION 702 MEANS OF EGRESS [BE] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. [BE] 702.2 Aisles. The required width of aisles in accor- dance with the International Fire Code shall be unobstructed. [BE] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. I[BE] 702.4 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following: 1. Required emergency escape and rescue openings shall be operational from the inside of the room with- out the use of keys or tools. 2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue open- ings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with Section 907.2.10 of the International Building Code. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703 FIRE -RESISTANCE RATINGS [BF] 703.1 Fire -resistance -rated assemblies. The provi- sions of this chapter shall govern maintenance of the materials, systems and assemblies used for structural fire resistance and fire -resistance -rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings. [BF] 703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accor- dance with Section 114.1.1 of the International Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occu- pants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 114.2 of the International Fire Code. [BF] 703.3 Maintenance. The required fire -resistance rating of fire -resistance -rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire -resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annu- ally by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspec- tions and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capa- ble of resisting the passage of smoke and fire. Openings through fire -resistance -rated assemblies shall be protected by self- or automatic -closing doors of approved construction meeting the fire protection requirements for the assembly. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2o22 07:21 AM (PDT) i' 4 196ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER FIRE SAFETY REQUIREMENTS 101338442 [BF] 703.3.1 Fire blocking and draft stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continu- ity and integrity of the construction. [BF] 703.3.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105. [BF] 703.3.3 Fire walls, fire barriers, and fire parti- tions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Open- ings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80. [BF] 703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field -applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third -party certification orga- nization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assem- blies shall not be modified. [BF] 703.4.1 Signs. Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows: 1. For doors designed to be kept normally open: FIRE DOOR — DO NOT BLOCK. 2. For doors designed to be kept normally closed: FIRE DOOR — KEEP CLOSED. [BF] 703.4.2 Hold -open devices and closers. Hold -open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position. [BF] 703.4.3 Door operation. Swinging fire doors shall close from the full -open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position. [BF] 703.5 Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire -resistance -rated horizontal assembly shall be prohibited. [BF] 703.6 Testing. Horizontal and vertical sliding and roll- ing fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained. [BF] 703.7 Vertical shafts. Interior vertical shafts, includ- ing stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International Fire Code. New floor openings in existing buildings shall comply with the International Building Code. [BF] 703.8 Opening protective closers. Where openings are required to be protected, opening protectives shall be maintained self -closing or automatic -closing by smoke detection. Existing fusible -link -type automatic door -closing devices shall be replaced if the fusible link rating exceeds 135°F (57°C). SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 Inspection, testing and maintenance. Fire protection and life safety systems shall be maintained in accordance with the International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective. [F] 704.1.1 Fire protection and life safety systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the International Fire Code and the International Building Code. [F] 704.1.2 Required fire protection and life safety systems. Fire protection and life safety systems required by this code, the International Fire Code or the Interna- tional Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the International Fire Code or the International Building Code has been granted shall be considered to be a required system. [F] 704.1.3 Fire protection systems. Fire protection systems shall be inspected, maintained and tested in accordance with the following International Fire Code requirements. 1. Automatic sprinkler systems, see Section 903.5. 2. Automatic fire -extinguishing systems protecting commercial cooking systems, see Section 904.13.5. 3. Automatic water mist extinguishing systems, see Section 904.11. 4. Carbon dioxide extinguishing systems, see Section 904.8. 5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6. 6. Clean -agent extinguishing systems, see Section 904.10. 7. Dry -chemical extinguishing systems, see Section 904.6. 8. Fire alarm and fire detection systems, see Section 907.8. 9. Fire department connections, see Sections 912.4 and 912.7. 10. Fire pumps, see Section 913.5. 11. Foam extinguishing systems, see Section 904.7. 12. Halon extinguishing systems, see Section 904.9. 7-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24 4 97re Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER FIRE SAFETY REQUIREMENTS 13. Single- and multiple -station smoke alarms, see Section 907.10. 14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5. 15. Smoke control systems, see Section 909.22. 16. Wet -chemical extinguishing systems, see Section 904.5. [F] 704.2 Standards. Fire protection systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 704.2 and as required in this section. TABLE 704.2 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Portable fire extinguishers NFPA 10 Carbon dioxide fire -extinguishing system NFPA 12 Halon 1301 fire -extinguishing systems NFPA 12A Dry -chemical extinguishing systems NFPA 17 Wet -chemical extinguishing systems NFPA 17A Water -based fire protection systems NFPA 25 Fire alarm systems NFPA 72 Smoke and heat vents NFPA 204 Water -mist systems NFPA 750 Clean -agent extinguishing systems NFPA 2001 [F] 704.2.1 Records. Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards. [F] 704.2.2 Records information. Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers' operation and maintenance instruc- tion manuals. Such records shall be maintained for the life of the installation. [F] 704.3 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire depart- ment and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of the International Fire Code to bring the systems back in service. Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water -based fire protection systems shall comply with NFPA 25. [F] 704.3.1 Emergency impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the International Fire Code. [F] 704.4 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire protection or life safety system required by this code except for the purposes of extinguish- ing fire, training, recharging or making necessary repairs. [F] 704.4.1 Removal of or tampering with appurte- nances. Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner. [F] 704.4.2 Removal of existing occupant -use hose lines. The fire code official is authorized to permit the removal of existing occupant -use hose lines where all of the following apply: 1. The installation is not required by the Interna- tional Fire Code or the International Building Code. 2. The hose line would not be utilized by trained personnel or the fire department. 3. The remaining outlets are compatible with local fire department fittings. [F] 704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the Interna- tional Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are termi- nated. Notice shall be made in writing by the provider of the monitoring service being terminated. [F] 704.5 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. [F] 704.5.1 Fire department connection access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief. Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times. [F] 704.5.2 Clear space around connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Reach) Order Number A101338442 on Aug 26, 2o22 07:21 AM (PDT) 2 1 1t9ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER FIRE SAFETY REQUIREMENTS 101338442 height shall be provided and maintained in front of and to the sides of wall -mounted fire department connections and around the circumference of free-standing fire depart- ment connections. [F] 704.6 Single- and multiple -station smoke alarms. Single- and multiple -station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3. [F] 704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single -station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construc- tion, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. [F] 704.6.1.1 Group R-1. Single- or multiple -station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door lead- ing from the sleeping unit. 3. In each story within the sleeping unit, includ- ing basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an interven- ing door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.6.1.1 or 704.6.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm -silenc- ing switch shall not be installed less than 10 feet (3048 mm) horizontally from a perma- nently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizon- tally from a permanently installed cooking appliance. [F] 704.6.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 704.6.1.1 or 704.6.1.2. [F] 704.6.2 Interconnection. Where more than one smoke alarm is required to be installed within an individ- ual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or base- ment available that could provide access for interconnection without the removal of interior finishes. [F] 704.6.3 Power source. Single -station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a 7-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 202207:21 AM (PDT) 24-499rnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER FIRE SAFETY REQUIREMENTS signal when the batteries are low. Wiring shall be perma- become inoperable or begin producing end -of -life signals nent and without a disconnecting switch other than as shall be replaced. required for overcurrent protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring with- out the removal of interior finishes. [F] 704.6.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple -station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all appli- cable requirements in Section 907 of the International Fire Code. 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is gener- ated and monitored in accordance with Section 907.6.6 of the International Fire Code. [F] 704.7 Single- and multiple -station smoke alarms. Single- and multiple -station smoke alarms shall be tested and maintained in accordance with the manufacturer's instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined. SECTION 705 CARBON MONOXIDE ALARMS AND DETECTION [F] 705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with Section R315 of that code. [F] 705.2 Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7-5 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number A101338442 on Aug 26, 2022 07:21 AM (PDT) 1 nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 7-6 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:2 t AM (PDT) 2-2alrnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 CHAPTER 8 REFERENCED STANDARDS User note: About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide require- ments for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.8. ASMEAmerican Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1-2019/CSA B44-19: Safety Code for Elevators and Escalators 606.1 ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 F1346-91 (2018): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 ICC International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 IBC-21: International Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 403.1, 604.3.1.1, 604.3.2.1, 702.3, 704.4.2 IEBC-21: International Existing Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1 IECC-21: International Energy Conservation Code® 102.3 IFC-21: International Fire Code® 102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 704.6.4, 705.1 IFGC-21: International Fuel Gas Code® 102.3, 201.3 IMC-21: International Mechanical Code® 102.3, 201.3 IPC-21: International Plumbing Code® 102.3, 201.3, 502.5, 505.1, 505.5.1, 602.2, 602.3 IRC-21: International Residential Code® 102.3, 201.3 IZC-21: International Zoning Code® 102.3, 201.3 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° 8-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) j2&2ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 REFERENCED STANDARDS NFPA 10-21: Standard for Portable Fire Extinguishers National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 Table 704.2 12-18: Standard on Carbon Dioxide Extinguishing Systems Table 704.2 12A-18: Standard on Halon 1301 Fire Extinguishing Systems Table 704.2 17-20: Standard for Dry Chemical Extinguishing Systems Table 704.2 17A-20: Standard for Wet Chemical Extinguishing Systems Table 704.2 25-20: Standard for the Inspection, Testing and Maintenance of Water -Based Fire Protection Systems Table 704.2 70-20: National Electrical Code 102.3, 201.3, 604.2 72-19: National Fire Alarm and Signaling Code Table 704.2 80-19: Standard for Fire Doors and Other Opening Protectives 703.3.3, 703.4 105-19: Standard for Smoke Door Assemblies and Other Opening Protectives 703.3.2 204-18: Standard for Smoke and Heat Venting Table 704.2 720-15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment 705.2 750-19: Standard on Water Mist Fire Protection Systems Table 704.2 2001-18: Standard on Clean Agent Fire Extinguishing Systems Table 704.2 UL Underv,,riters Laboratories, LLC 333 Pfingsten Road Northbrook, IL 60062 268-2016: Smoke Detectors for Fire Alarm Systems —with revisions through July 2016 704.6.4 8-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24-2wense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 APPENDIX A BOARDING STANDARD The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. User note: About this appendix: Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to elimi- nate having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the provisions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction. A101 GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. A102 MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum l/z inch -thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8 inch -diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. A103 INSTALLATION A103.1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5. A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD A104.1 Referenced standards. Table A104.1 lists the stan- dard that is referenced in various sections of this appendix. The standard is listed herein by the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.8. TABLE Al04.1 REFERENCED STANDARD STANDARD STANDARD NAME SECTIONS HEREIN ACRONYM REFERENCED A102.1, A102.2, IBC-21 International BuildingCode A102.3 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® APPENDIX A-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Reach) Order Number #101338442 on Aug 26, 2022 o 7:2 t AM (PDT) 2 1 2"nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 APPENDIX A BOARDING STANDARD For SI: I inch — 25.4 Trim. 3/8" carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior 'CDX plywood or rformance-rated OSB. 2" x 4" strong backs indow frame " x 4" strong backs ,a a'' " Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW %x" CDX PLYWOOD OR PERFORMANCE -RATED OSB SHALL BE SECURED TO HEADER, BSE PLATE, STUDS, STILES, AND EDGE BLOCKING USING ALTERNATE ALONG EDGE OF EACH SHEET OF 2" x 4" STUDS PLYWOOD OR OSB, SPACED 24" ON CENTER Far 5I:1 inch=25.4m . FIGURE A103.1(2) BOARDING OF DOOR WALL IR " x 4" STILE ')OR WALL FRAME x 4' BASE PLATE APPENDIX A-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT)21 r20&nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER ;saa2 *:k APPENDIX B BOARD OF APPEALS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. User note: About this appendix: Appendix B provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business. Code development reminder: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the 2022 (Group B) Code Development Cycle. SECTION B101 GENERAL B101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applica- tions for modification of the requirements of this code pursuant to the provisions of Section 107 (Means of Appeals). The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issu- ing orders pursuant to these provisions. B101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. B101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or inter- pret the administration of this code. B101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board. B101.3 Membership of the board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [INSERT NUMBER OF YEARS] years or until a successor has been appointed. The board member's terms shall be stag- gered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board. B101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. B101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifica- tions required for board membership, and shall be appointed for the same term or until a successor has been appointed. B101.3.3 Vacancies. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. B101.3.4 Chairperson. The board shall annually select one of its members to serve as chairperson. B101.3.5 Secretary. The chief appointing authority shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings which shall set forth the reasons for the board's decision, the vote of each member, the absence of a member and any failure of a member to vote. B101.3.6 Conflict of interest. A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters. B101.3.7 Compensation of members. Compensation of members shall be determined by law. B101.3.8 Removal from the board. A member shall be removed from the board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the board may be removed at the discretion of the chief appointing authority. B101.4 Rules and procedures. The board shall establish policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented. B101.5 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic intervals. B101.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® APPENDIX B-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Reach) Order Number A101338442 on Aug 26, 2022 o 7:2 t AM (PDT) Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 APPENDIX B BOARD OF APPEALS B101.5.2 Quorum. Three members of the board shall constitute a quorum. B101.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. B101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the juris- diction's expense in all matters arising from service within the scope of their duties. B101.7 Board decision. The board shall only modify or reverse the decision of the code official by a concurring vote of three or more members. B101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant's representative and to the code official. B101.7.2 Administration. The code official shall take immediate action in accordance with the decision of the board. B101.8 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. APPENDIX B-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- r-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338442 A ACCESS INDEX Emergency egress ......................... 702 From bedrooms ........................ 404.4.2 Plumbing fixtures, access for cleaning .........504.2 To public way............................702.1 Toilet room as passageway .................503.1 Water closet ........................... 404.4.3 ADJACENT Privacy (hotel units, rooming units) ............ 404.1 ADMINISTRATION Scope..................................101.2 AIR Combustion air...........................603.5 AISLES Minimum width...........................702.2 ALTERATION Applicability of other codes ..................102.3 Inspection...............................105.2 Prosecution..............................109.3 Unlawful acts............................109.1 ANCHOR Anchored, definition ........................ 202 Architectural trim ..........................304.8 Signs, marquees and awnings ...............304.9 Unsafe conditions ....................... 304.1.1 APPEAL Application..............................107.2 Board of appeals ..........................108.1 Hearing, emergency orders .................112.6 Membership.............................108.1 Notice of appeal ..........................107.2 Records................................105.6 Right to appeal...........................107.2 APPLIANCE Cooking ........................... 403.3, 602.2 Mechanical..............................603.1 APPLICABILITY Application of references ..................102.10 General.................................102.1 Other laws..............................102.11 Referenced codes and standards.............102.8 APPROVAL Alternatives..............................106.2 Authority .......................... 105.1, 106.2 Modifications ............................ 106.1 Research reports ......................... 106.6 Used material and equipment ............... 106.4 APPROVED Alternative materials, methods and equipment ......................... 106.2 Definition.................................202 Energy conservation devices ................ 603.6 Garbage storage facilities .................308.3.1 Modifications ............................ 106.1 Used materials and equipment .............. 106.4 ARTIFICIAL Lighting of habitable rooms ................. 401.3 Lighting of other spaces ................... 402.3 AUTOMOBILE Motor vehicles ........................... 302.8 AWNING Signs, marquees and awnings .............. 304.9 BALCONY Handrails and guardrails .................. 304.12 BASEMENT Definition.................................202 Hatchways.............................304.16 Windows..............................304.17 BATHROOM Common bathrooms .................502.3, 503.1 Hotels ................................. 502.3 Lighting ................................ 605.3 Locks..................................503.1 Outlets required .......................... 605.2 Privacy.................................503.1 Ventilation .............................. 403.2 BATHTUB Dwelling units ........................... 502.1 Rooming houses .........................502.2 Sewage system .......................... 506.1 Water system ............................ 505.1 Water -heating facilities .................... 505.4 BOARDING Boarding standard ................... Appendix A BOILER Unsafe equipment .......................111.1.2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-1 ' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)_9, r20ena I ' 1 Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED e RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 C CAPACITY Heating facilities .............. 602.2, 602.3, 602.4 CARBON MONOXIDE ALARMS AND DETECTION Installation .............................. 705.1 Maintenance ............................ 705.2 CEILING Basement rooms ......................... 404.3 Fire -resistance ratings ..................... 703.1 Interior surfaces .......................... 305.3 Minimum height .......................... 404.3 Sleeping rooms .......................... 404.3 CHANGE, MODIFY Application of other codes .................. 102.3 CHIMNEY Exterior structure ........................ 304.11 Flue .............................. 603.2, 603.3 CLEANING Access for cleaning ....................... 504.2 Disposal of garbage ...................... 308.3 Disposal of rubbish ....................... 308.2 Interior and exterior sanitation ............... 308.1 Interior surfaces .......................... 305.3 Plumbing facilities, maintained .............. 504.1 Required plumbing facilities .................. 502 Responsibility of persons .................. 305.1 Trash containers ........................ 308.3.2 Vacant structures and land ................. 301.3 CLEARANCE Heating facilities ......................... 603.3 Plumbing fixtures ......................... 504.2 CLOSING Streets ................................. 112.3 Vacant structures ........................ 111.2 CLOTHES DRYER Exhaust ................................ 403.5 CODE OFFICIAL Condemnation ........................... 111.1 Demolition................................113 Duties...................................105 Emergency order ...........................112 Enforcement authority ..................... 105.1 Failure to comply with demolition order........ 113.3 Identification ............................ 105.3 Inspections ............................. 105.2 Liability, relief of personal .................. 105.7 Membership of board of appeals ............. 108.1 Notice of violation .................... 105.5, 107 Official records ........................... 105.6 Personal liability .......................... 105.7 Placarding .............................. 111.7 Prosecution.............................109.3 Removal of placard ..................... 111.7.1 Right of entry ............................ 105.3 Transfer of ownership ..................... 111.6 Vacant structures ......................... 111.2 Voting of appeals board .................... 108.1 COMBUSTION Combustion air ........................... 603.5 COMPONENT SERVICEABILITY Unsafe conditions ....................... 306.1.1 CONDEMNATION Closing of vacant structures ................. 111.2 Failure to comply ......................... 113.3 General................................111.1 Notices and orders .................. 111.2, 111.3 Placarding..............................111.7 Removal of placard ..................... 111.7.1 CONFLICT Conflict of interest ...................... 109.1.3 Violations ............................... 109.1 CONNECTION Sewage system .......................... 506.1 Water heating ............................ 505.4 Water system ............................ 505.1 CONSTRUCTION Existing structures ........................ 101.2 CONTAINER Garbage .............................. 308.3.2 Rubbish storage ........................ 308.2.1 CONTINUOUS Unobstructed egress ...................... 702.1 CONTROL Rodent control ..................... 302.5, 304.5 Safety controls ........................... 603.4 Weed..................................302.4 COOLING Cooling towers .......................... 304.11 CORRIDOR Accumulation of rubbish .................... 308.1 Light...................................402.2 Lighting fixtures .......................... 605.3 Obstructions ....................... 702.1, 702.2 Ratings maintained ........................ 703 COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS ................................ 202 INDEX-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,2&g- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 DAMP, DAMPNESS Roofs..................................304.7 Window, door frames .....................304.13 DANGEROUS, HAZARDOUS Condemnation...........................111.1 Demolition ................................ 113 Electrical hazards ..................604.3, 604.3.1 Existing remedies .........................102.4 Imminent danger ........................... 202 Unsafe equipment ....................... 111.1.2 Unsafe structures or premises ............. 111.1.5 DECKS Handrails and guardrails ...................304.12 Maintenance ...................... 304.2, 304.10 DEMOLITION Existing remedies .........................102.4 Failure to comply .........................113.3 General..................................113 Order...................................113.2 Salvage materials .........................113.4 DETACHED .................. 111.1.5, 202, 306.1.1 DETECTORS Smoke...................................704 DETERIORATION Components of systems ................. 306.1.1 Definition ................................. 202 Exterior structure ....................... 304.1.1 Exterior walls............................304.6 DIRECT Egress..................................702.1 DISPOSAL Disposal of garbage .......................308.3 Disposal of rubbish ........................308.2 DOOR Exit doors...............................702.3 Fire....................................703.2 Hardware..............................304.15 Insect screens...........................304.14 Interior surfaces ..........................305.3 Locks ........................... 304.15, 702.3 Maintenance ..................... 304.13, 304.15 Weather tight...........................304.13 Window and door frames ..................304.13 DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Locked doors............................702.3 Privacy ........................... 503.1, 503.2 DRAFT STOPPING Maintenance ........................... 703.3.1 DRAIN, DRAINAGE Basement hatchways .....................304.16 Plumbing connections .......................506 Storm drainage ............................507 DUCT Duct systems..............................607 Exhaust duct............................304.9 DUST Process ventilation ....................... 403.4 DWELLING Cleanliness ........................305.1, 308.1 Definition.................................202 Electrical ............................... 604.1 Heating facilities ...........................602 Required facilities ..........................502 C EGRESS Aisles..................................702.2 Emergency escape ....................... 702.4 General................................702.1 Lighting ................................ 402.2 Locked doors............................702.3 Obstructions prohibited .................... 702.1 Stairs, porches and railings .......... 304.10, 305.4, 305.5, 307.1 ELECTRIC, ELECTRICAL EQUIPMENT Abatement of hazards, fire exposure ......... 604.3.2 Abatement of hazards, water exposure ....... 604.3.1 Condemnation ........................... 111.1 Electrical equipment ................... 604.3.1.1 Facilities required ........................ 604.1 Hazards................................604.3 Installation .............................. 605.1 Lighting fixtures .......................... 605.3 Receptacles ........................604.3, 605.2 Responsibility ........................... 601.2 Service.................................604.2 ELEVATOR, ESCALATORS, DUMBWAITERS Condemnation ........................... 111.1 General................................606.1 Maintenance .......................606.1, 606.2 EMERGENCY Emergency escape openings ............... 702.4 Emergency measures .......................112 Emergency orders ........................ 112.1 ENFORCEMENT Duties and powers ..........................105 Scope.................................101.2 EQUIPMENT Alternative .............................. 106.2 Combustion air .......................... 603.5 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-3 ' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2r r2ta&nae I ' 1 Agreement with ICC. No further [,production, no forth,[ tgmd-tim,a by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 Condemnation .................... 111.1.2, 111.3 Electrical installation ...................... 605.1 Emergency order ......................... 112.1 Energy conservation devices ............... 603.6 Installation .............................. 603.1 Interior structure ......................... 305.1 Placarding ......................... 111.7, 111.8 Prohibited use ........................... 111.8 Responsibility ........................... 601.2 Safety controls ........................... 603.4 Scope ................................. 101.2 Scope, mechanical and electrical ............ 601.1 Support, definition .......................... 202 Unsafe................................111.1.2 Used .................................. 106.4 EXHAUST Clothes dryer ............................ 403.5 Exhaust ducts ........................... 304.9 Process ventilation ....................... 403.4 EXISTING Remedies .............................. 102.4 Scope ................................. 101.2 Structural members ................ 304.1.1, 304.4 Structures .............................. 101.3 EXTERIOR Decorative features ....................... 304.8 Exterior structure ........................... 304 Exterior walls ............................ 304.6 Painting ........................... 304.2, 304.6 Rodent harborage ................... 302.5, 304.5 Sanitation .............................. 304.1 Scope ................................. 301.1 Stair .................................. 304.10 Street numbers .......................... 304.3 Unsafe conditions ....................... 304.1.1 Weather tight ........................... 304.13 F FAN Exhaust vents ........................... 302.6 FEES, EXPENSES, COST Closing vacant structures .................. 111.2 Demolition ................... 113.1, 113.3, 113.4 Extermination ........... 309.2, 309.3, 309.4, 309.5 General ................................ 104.1 Relief from personal liability ................ 105.7 FENCE Accessory .............................. 302.7 Maintenance ............................ 304.2 FIRE Blocking Maintenance ................... 703.3.1 FIRE DEPARTMENT Connection access ............... 704.5.1, 704.5.2 Connections.............................704.5 FIRE PROTECTION SYSTEMS Emergency impairments ................. 704.3.1 Equipment ................ 704.4, 704.4.1, 704.4.2 Inspection .................. 704.1, 704.1.3, 704.2 Installation ............................ 704.1.1 Maintenance ................ 704.1, 704.1.3, 704.2 Out of service ............................ 704.3 Records of maintenance ................. 704.2.1 Required systems ............... 704.1.2, 704.2.2 Smoke alarms ........................... 704.6 Smoke detections systems ............... 704.6.4 Termination of service ................... 704.4.3 Testing .................... 704.1, 704.1.3, 704.2 FIRE -RESISTANCE RATINGS Ceilings................................703.5 Draft stopping .......................... 703.3.1 Fire barriers ........................... 703.3.3 Fire blocking ........................... 703.3.1 Fire partitions .......................... 703.3.3 Fire walls ............................. 703.3.3 Maintenance ............................. 703.3 Opening protective ........................ 703.4 Shafts..................................703.7 Smoke barriers ......................... 703.3.2 Smoke partitions ....................... 703.3.2 Unsafe conditions ......................... 703.2 FLAMMABLE LIQUID Containers ............................ 111.1.2 FLOOR, FLOORING Area for sleeping purposes ............... 404.4.1 Fire -resistance ratings ..................... 703.1 Interior surfaces .................... 305.1, 305.3 Space requirements ................ 404.4.1, 404.6 FOOD PREPARATION Cooking equipment ....................... 403.3 Sanitary condition ................... 305.1, 404.7 Ventilation..............................403.4 FOUNDATION Condemnation ......................... 111.1.1 Foundation walls ......................... 304.5 Unsafe conditions ................ 304.1.1, 305.1.1 FRAME Window and door frames .................. 304.13 INDEX-4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, 21111-e- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 G GARBAGE ................................. 308 GAS Energy conservation devices ................603.6 Exhaust vents............................302.6 GLAZING Materials ............................. 304.13.1 GRADE Drainage............................302.2, 507 GUARD Anchorage and maintenance ...............304.12 Basement windows ..................... 304.18.2 Definition ................................. 202 H HABITABLE Definition ................................. 202 Light....................................402 Minimum ceiling height .....................404.3 Minimum room width .......................404.2 Required plumbing facilities .................. 502 Residential heating facilities ........... 602.2, 602.3 Space requirements ..................... 404.4.1 Ventilation ................................ 403 HABITABLE SPACE ...... 402.1, 403.1, 404.4.2, 605.2 HANDRAILS AND GUARDRAILS Handrails ....................304.12, 305.5, 307.1 Stairs and porches .......................304.10 HARDWARE Door hardware .................... 304.15, 702.3 Openable windows ..................... 304.13.2 HEAT, HEATING Energy conservation devices ................603.6 Fireplaces...............................603.1 Heating.................................603.1 Mechanical equipment .....................603.1 Required capabilities ....................... 602 Residential heating .................. 602.2, 602.3 Supply..................................602.3 Water heating facilities .....................505.4 Water system ............................. 505 HEIGHT Minimum ceiling height .....................404.3 HISTORIC BUILDING HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition ................................. 202 Locked doors............................702.3 Required facilities .......................... 502 Toilet rooms .............................. 503 HOUSEKEEPING UNIT Definition.................................202 IDENTIFICATION Code official ............................. 105.4 IMMINENT DANGER .... 107.5, 112.1, 703.2, B101.2.2 INFESTATION Condemnation..........................111.1.3 Definition.................................202 Insect and rodent ............. 302.5, 304.14, 309.1 INSECTS Infestation .............................. 309.1 Insect screens .......................... 304.14 Pest elimination ............................309 INSPECTIONS General................................105.2 Right of entry ............................ 105.3 INSPECTOR Identification ............................ 105.4 Inspections ............................. 105.2 Records................................105.6 INTENT Code..................................101.3 INTERIOR Interior structure ...........................305 Interior surfaces .......................... 305.3 Means of egress ...........................702 Sanitation ............................... 305.1 Unsafe conditions .......................305.1.1 J JURISDICTION Title ................................... 101.1 K KITCHEN Electrical outlets required .................. 605.2 Minimum width ........................... 404.2 Prohibited use..........................404.4.4 Room lighting ............................ 605.3 Water heating facilities .................... 505.4 L LANDING Handrails and guards ......... 304.12, 305.5, 306.1 Maintenance ......................304.10, 305.4 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-5 ' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, r2tal i22—n I ' 1 Agreement with ICC. No further [,production, no forth,[ tgmd-tim,a by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 LAUNDRY Room lighting ........................... 605.3 Water -heating facilities .................... 505.4 LAVATORY Hotels ................................. 502.3 Required facilities .......................... 502 Rooming houses ......................... 502.2 Sanitary drainage system .................... 506 Water system ............................. 505 Water -heating facilities .................... 505.4 LEASE (SELL, RENT) Heat supplied ........................... 602.3 Salvage materials ........................ 113.4 Transfer of ownership ..................... 111.6 LIEN Closing of vacant structures ................ 111.2 Demolition .............................. 113.3 Failure to comply ......................... 113.3 LIGHT, LIGHTING Common halls and stairways .......... 402.2, 605.3 General..................................402 Habitable rooms ......................... 402.1 Kitchen ................................ 605.3 Laundry rooms .......................... 605.3 Luminaires .............................. 605.3 Other spaces ............................ 402.3 Responsibility ........................... 401.2 Scope ................................. 101.2 Toilet rooms ............................. 605.3 LIVING ROOM Room area.............................404.4.1 LOAD, LOADING Elevators, escalators and dumbwaiters........ 606.1 Handrails and guardrails ............. 304.12, 305.5 Live load .......................... 304.4, 305.2 Stairs and porches ................. 304.10, 305.2 Structural members..................304.4, 305.2 M MAINTENANCE Required ............................... 102.2 MATERIAL Alternative .............................. 106.2 Salvage ................................ 113.4 Used .................................. 106.4 MEANS OF EGRESS......... 111.1.5, 304.15, 402.2, 702.1, 702.3, 704.6.1.1 MECHANICAL Installation .............................. 603.1 Responsibility ........................... 601.2 Scope..................................601.1 Ventilation, general ........................ 403 Ventilation, toilet rooms .................... 403.2 MINIMUM Ceiling height ............................ 404.3 Room area ............................ 404.4.1 Room width ............................. 404.2 MODIFICATION Approval................................106.1 MOTOR VEHICLES Inoperative .............................. 302.8 Painting................................302.8 N NATURAL Lighting ............................. 401.3, 402 Ventilation .......................... 401.3, 403 NOTICES AND ORDERS Appeal.................................107.2 Form ................................. 111.4.1 Method of service ....................... 111.4.2 Orders .................................. 107 Owner, responsible person ................. 111.4 Penalties...............................107.5 Placarding of structure ..................... 111.7 Transfer of ownership ..................... 111.6 Unauthorized tampering .................... 111.5 Vacating structure ........................ 111.2 NOXIOUS Process ventilation ........................ 403.4 Weeds.................................302.4 NUISANCE Closing of vacant structures ................. 111.2 OBSTRUCTION Light...................................402.1 Right of entry ............................ 105.3 OCCUPANT OPENABLE Locked doors............................702.3 Windows ........................ 304.13.2, 403.1 OPENING PROTECTIVES Closers.................................703.8 Door operation ......................... 703.4.3 Hold -open devices ...................... 703.4.2 Maintenance ............................. 703.4 Signs ................................ 703.4.1 Testing.................................703.6 INDEX-6 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,21aoe- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 INDEX OPERATOR Demolition................................113 Definition ................................. 202 Emergency, notice........................ 112.1 ORDINANCE, RULE Notice to owner .....................111.4, 111.3 Applicability ............................... 102 Placarding of structure..................... 111.7 Application for appeal ......................107.2 Prohibited use ........................... 111.8 OUTLET Removal..............................111.7.1 Electrical................................605.2 PLUMBING OWNER Clean and sanitary ........................ 504.1 Closing of vacant structures .................111.2 Clearance .............................. 504.2 Definition.................................202 Connections ............................. 505.1 Demolition ................................ 113 Contamination ........................... 505.2 Failure to comply .........................113.3 Employee's facilities ...................... 503.3 Insect and rat control ...........302.5, 309.2, 309.4 Fixtures ................................ 504.1 Notice ............................ 111.4, 111.3 Required facilities ..........................502 Pest elimination ..........................309.2 Responsibility ........................... 501.2 Placarding of structure .....................111.7 Sanitary drainage system ....................506 Responsibility............................301.2 Scope.................................501.1 Responsibility, fire safety ...................701.2 Storm drainage ............................507 Responsibility, light, ventilation...............401.2 Supply ................................. 505.3 Responsibility, mechanical and electrical .......601.2 Water heating facilities .................... 505.4 Responsibility, plumbing facilities .............501.2 PORCH Right of entry ............................105.3 Handrails .............................. 304.12 Rubbish storage ........................ 308.2.1 Structurally sound ....................... 304.10 Scope..................................101.2 PORTABLE (TEMPORARY) Transfer of ownership ......................111.6 Cooking equipment ....................... 603.1 PRESSURE P Water supply ............................ 505.3 PRIVATE, PRIVACY PASSAGEWAY Bathtub or shower ........................ 503.1 Common hall and stairway ..................402.2 Occupancy limitations ..................... 404.1 Interior surfaces ..........................305.3 Required plumbing facilities ................... 502 Toilet rooms, direct access..................503.1 Sewage system .......................... 506.1 PENALTY Water closet and lavatory 503.1 Notices and orders ........................107.5 Water system............................ 505.1 Placarding of structure .....................111.7 PROPERTY, PREMISES Prohibited occupancy ......................111.8 Cleanliness ........................304.1, 308.1 Removal of placard ...................... 111.7.1 Condemnation.............................111 Scope..................................101.2 Definition ................................. 202 Violations...............................109.4 Demolition................................113 PEST ELIMINATION Emergency measures .......................112 Condemnation...........................111.1 Exterior areas.............................302 Definition ................................. 202 Failure to comply......................... 113.3 Insect and rodent control .............302.5, 304.5, Grading and drainage ..................... 302.2 304.14, 309.1 Pest elimination, multiple occupancy ..... 302.5, 309.4 Pest elimination ..........................309.1 Pest elimination, single occupancy ......302.5, 309.3 Responsibility of owner ............... 301.2, 309.2 Responsibility ........................... 301.2 Responsibility of tenant -occupant ....... 309.3, 309.4, Scope ................................. 301.1 309.5 Storm drainage ............................507 PLACARD, POST Vacant structures and land ................. 301.3 Closing.................................111.2 PROTECTION Condemnation...........................111.1 Basement windows ...................... 304.17 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-7 Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, r2114enae I ' 1 ' I ' Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED RLL'RODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 1 M 338442 Fire protection systems ...................... 704 Signs, marquees and awnings .............. 304.9 PUBLIC Cleanliness ........................304.1, 305.1 Egress ................................. 702.1 Hallway ................................ 502.3 Sewage system .......................... 506.1 Toilet facilities ....................... 502.5, 503 Vacant structures and land ................. 301.3 Water system ............................. 505 PUBLIC WAY Definition.................................202 R RAIN (PREVENTION OF ENTRY INTO BUILDING EXTERIOR ENVELOPE) Basement hatchways .................... 304.16 Exterior walls ............................ 304.6 Grading and drainage ..................... 302.2 Roofs .................................. 304.7 Window and door frames ................. 304.13 RECORD Official records .......................... 105.6 REPAIR Application of other codes .................. 102.3 Chimneys ............................. 304.11 Demolition .............................. 113.1 Exterior surfaces ......................... 304.1 Intent .................................. 101.3 Maintenance ............................ 102.2 Signs, marquees and awnings .............. 304.9 Stairs and porches ...................... 304.10 Weather tight ........................... 304.13 Workmanship ........................... 102.5 REPORTS Test reports ............................ 106.3.2 RESIDENTIAL Pest elimination ............................ 309 Residential heating ....................... 602.2 Scope ................................. 101.2 RESPONSIBILITY Fire safety .............................. 701.2 Garbage disposal ........................ 308.3 General ................................ 301.2 Mechanical and electrical .................. 601.2 Persons ................................ 301.1 Pest elimination ............................ 309 Placarding of structure .................... 111.7 Plumbing facilities ........................ 501.2 Rubbish storage ........................ 308.2.1 Scope ............................ 101.2,301.1 REVOKE, REMOVE Demolition ............................... 113 Existing remedies ......................... 102.4 Removal of placard ..................... 111.7.1 Rubbish removal ....................... 308.2.1 RIGHT OF ENTRY Duties and powers of code official ............ 105.3 Inspections..............................105.2 RODENTS Basement hatchways ..................... 304.16 Condemnation ............................ 111 Foundations.............................304.5 Guards for basement windows .............. 304.17 Harborage..............................302.5 Insect and rodent control ................... 309.1 Pest elimination ...................... 302.5, 309 ROOF Exterior structure ......................... 304.1 Roofs..................................304.7 Storm drainage ............................ 507 ROOM Bedroom and living room ................... 404.4 Cooking facilities ......................... 403.3 Direct access ............................ 503.2 Habitable ............................... 402.1 Heating facilities ........................... 602 Light .................................... 402 Minimum ceiling heights .................... 404.3 Minimum width ........................... 404.2 Overcrowding............................404.5 Prohibited use ......................... 404.4.4 Temperature ............................. 602.5 Toilet ................................... 503 Ventilation ............................... 403 RUBBISH Accumulation ............................ 308.1 Definition ................................ 202 Disposal................................308.2 Garbage facilities ....................... 308.3.1 Rubbish storage ........................ 308.2.1 S SAFETY, SAFE Fire safety requirements ........ 701, 702, 703, 704 Safety controls ........................... 603.4 INDEX-8 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,211&- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 SANITARY Cleanliness ........................ 304.1, 305.1 Disposal of garbage .......................308.3 Disposal of rubbish ........................308.2 Exterior property areas .....................302.1 Exterior structure .........................304.1 Food preparation .........................404.7 Furnished by occupant .....................302.1 Grease interceptors .......................506.3 Interior surfaces ..........................305.3 Plumbing fixtures .........................504.1 Required plumbing facilities .................. 502 Scope..................................101.2 SCREENS Insect screens...........................304.14 SECURITY Basement hatchways ................... 304.18.3 Building................................304.18 Doors...............................304.18.1 Vacant structures and land ..................301.3 Windows.............................304.18.2 SELF -CLOSING SCREEN DOORS Insect screens...........................304.14 SEPARATION Fire -resistance ratings ...................... 703 Privacy.................................404.1 Separation of units ........................404.1 SERVICE Electrical................................604.2 Method ............................... 111.4.2 Notices and orders .................. 111.4, 111.3 Service on occupant .......................111.3 SEWER General.................................506.1 Maintenance.............................506.2 SHOWER Bathtub or shower .........................502.1 Rooming houses ..........................502.2 Water system ............................. 505 Water -heating facilities .....................505.4 SIGN Fire door signs ......................... 703.4.1 Signs, marquees and awnings ...............304.9 Unauthorized tampering ....................111.5 SINGLE-FAMILY DWELLING Extermination ............................. 309 SINK Kitchen sink.............................502.1 Sewage system ........................... 506 Water supply.............................505.3 SIZE Efficiency unit ........................... 404.6 Habitable room, light ........................402 Habitable room, ventilation ...................403 Room area.............................404.4.1 SMOKE ALARMS Group R-1 ........................... 704.6.1.1 Groups R-2, R-3, R-4 and 1-1 ............ 704.6.1.2 Installation near bathrooms .............. 704.6.1.4 Installation near cooking appliances ....... 704.6.1.3 Interconnection.........................704.6.2 Power source...........................704.6.3 Testing.................................704.7 Where required.........................704.6.1 SPACE General, light ..............................402 General, ventilation .........................403 Occupancy limitations .......................404 Privacy.................................404.1 Scope.................................401.1 STACK Smoke................................304.11 STAIRS Common halls and stairways, light ........... 402.2 Exit facilities ............................. 305.4 Exterior property areas .................... 302.3 Handrails.........................304.12, 305.5 Lighting ................................ 605.3 Stairs and porches ....................... 304.10 STANDARD Referenced.............................102.8 STOP WORK ORDER Authority ............................... 110.1 Emergencies ............................ 110.3 Failure to comply ......................... 110.4 Issuance...............................110.2 STORAGE Food preparation ......................... 404.7 Garbage storage facilities .................. 308.3 Rubbish storage facilities ..................308.2.1 Sanitation ............................... 308.1 STRUCTURE Accessory structures ...................... 302.7 Closing of vacant structures ................ 111.2 Definition.................................202 Emergency measures .......................112 General, condemnation ......................113 General, exterior ......................... 304.1 General, interior structure .................. 305.1 Placarding of structure ..................... 111.7 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-9 ' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2r r2tal�ens I ' 1 Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED , RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 Scope ................................. 301.1 Structural members..................304.4, 305.2 Vacant structures and land ................. 301.3 SUPPLY Combustion air .......................... 603.5 Public water system ...................... 505.1 Water supply ............................ 505.3 Water system ............................. 505 Water -heating facilities .................... 505.4 SURFACE Exterior surfaces .................... 304.2, 304.6 Interior surfaces .......................... 305.3 SWIMMING Enclosure .............................. 303.2 Safety covers ............................ 303.2 Swimming pools ......................... 303.1 10 TEMPERATURE Nonresidential structures ................... 602.4 Residential buildings ...................... 602.2 Water -heating facilities .................... 505.4 TENANT Scope ................................. 101.2 TEST, TESTING Agency...............................106.3.1 Methods...............................106.3.1 Reports ............................... 106.3.2 Required ............................... 106.3 TOXIC Process ventilation ....................... 403.4 TRASH Rubbish and garbage .......................308 U UNOBSTRUCTED Access to public way ...................... 702.1 General, egress .......................... 702.1 UNSAFE STRUCTURES AND EQUIPMENT Abatement methods ...................... 111.9 Dangerous structure or premises ........... 111.1.5 Equipment ............................. 111.1.2 Existing remedies ........................ 102.4 General, condemnation .................. 111, 113 General, demolition ......................... 113 Notices and orders ................... 107, 111.3 Record ................................. 111.3 Structures ............................. 111.1.1 USE Application of other codes .................. 102.3 General, demolition ........................ 113 UTILITIES Authority to disconnect ................... 111.2.1 V VACANT Abatement methods ....................... 111.9 Authority to disconnect service utilities ...... 111.2.1 Closing of vacant structures ................. 111.2 Emergency measure ....................... 112 Method of service .................. 111.4.2, 111.3 Notice to owner or to person responsible ........................ 107, 111.3 Placarding of structure ..................... 111.7 Record.................................111.3 Vacant structures and land ................. 301.3 VAPOR Exhaust vents ............................ 302.6 VEHICLES Inoperative .............................. 302.8 Painting................................302.8 VENT Exhaust vents ............................ 302.6 Flue...................................603.2 Plumbing hazard ......................... 504.3 VENTILATION Clothes dryer exhaust ..................... 403.5 Combustion air ........................... 603.5 Definition ................................ 202 General, ventilation ........................ 403 Habitable rooms ..........................403.1 Process ventilation ........................ 403.4 Recirculation ...................... 403.2, 403.4 Toilet rooms ............................. 403.2 VERMIN Condemnation ............................ 111 Insect and rodent control ............... 302.5, 309 VERTICAL SHAFTS Required enclosure ....................... 703.7 VIOLATION Condemnation ............................ 111 Enforcement ............................. 109.2 General ................................. 109 Notice .............................. 107,111.3 Placarding of structure ..................... 111.7 Prosecution.............................109.3 Separate offenses ........................ 109.4 Strict liability offense .................. 109.3, 202 Transfer of ownership ..................... 111.6 INDEX-10 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) mono ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachra.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 21 AM (PDT)2, 21117.enae Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338442 W WALK Sidewalks...............................302.3 WALL Accessory structures ......................302.7 Exterior surfaces .................... 304.2, 304.6 Exterior walls............................304.6 Foundation walls ..........................304.5 General, fire -resistance rating ...............703.1 Interior surfaces ..........................305.3 Outlets required ..........................605.2 Temperature measurement .................602.5 WASTE Disposal of garbage .......................308.3 Disposal of rubbish ........................308.2 Garbage storage facilities ................. 308.3.1 WATER Basement hatchways .....................304.16 Connections.............................506.1 Contamination............................505.2 General, sewage ........................... 506 General, storm drainage ..................... 507 General, water system ...................... 505 Heating.................................505.4 Hotels..................................502.3 Kitchen sink.............................502.1 Nonpotable water reuse .............505.5, 505.5.1 Required facilities .......................... 502 Rooming houses ..........................502.2 Supply..................................505.3 System..................................505 Toilet rooms .............................. 503 Water -heating facilities .....................505.4 WEATHER, CLIMATE Heating facilities ........................... 602 WEEDS Noxious weeds...........................302.4 WIDTH Minimum room width .......................404.2 WINDOW Emergency escape ........................702.4 Glazing .............................. 304.13.1 Guards for basement windows ..............304.17 Habitable rooms ..........................402.1 Insect screens...........................304.14 Interior surface...........................305.3 Light....................................402 Openable windows ..................... 304.13.2 Toilet rooms.............................403.2 Ventilation................................403 Weather tight ........................... 304.13 Window and door frames .................. 304.13 WORKMANSHIP General................................102.5 1'1 YARD ............................... 202, 507.1 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-11 ' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2r r2ta18ena I ' 1 Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED e RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338442 INDEX-12 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:2 1 AM (PDT) 2 4-0419e,se Agreement with ICC. No further reproduce,,, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER saaa2 y III O�BcCG�. Proctored Remote Online Testing Option (PRONTO TM) Convenient, Reliable, and Secure Certification Exams Take the Test at Your Location Take advantage of ICC PRONTO, an industry leading, secure online exam delivery service. PRONTO allows you to take ICC Certification exams at your convenience in the privacy of your own home, office or other secure location. Plus, you'll know your pass/fail status immediately upon completion. With PRONTO, ICC's Proctored Remote Online Testing Option, take your ICC Certification exam from I� any location with high-speed internet access. 8 With online proctoring and exam security features you can be confident in the integrity of the testing process and exam results. ';I Plan your exam for the day and time most convenient for you. PRONTO is available 24/7. 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ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 10133H442 Building Vibrant, Resilient Communities Together Simplifying how local governments and their constituents find, access, and share information by innovating forward -thinking technologies and processes. 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ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 10133H442 Ever wonder why contractors, architects and other building professionals rely on ICC plan reviews? • Experience — Our I -Code experts have expertise in ALL the International Codes® (I -Codes®) • Detailed Report — identifies code compliance and violations • Complimentary re -review of reissued plans* Additionally, ICC Plan Review Services has years of experience in code application, certified design experts on board, and International Code Council Certifications to ensure we deliver the industry's most comprehensive and reliable plan reviews. Find Out More! 888-422-7233, x4337 www.iccsafe.org/PLR3 �� ■an INTERNATIONAL CODE COUNCIL *Applies to "Complete Plan Review Services". Contact ICC Plan Review staff for details. 20-18850 fiew"Wo— I" Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 2rj- i 22ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER Ir- ACCREDITATION SUITEforguilding Departments Free Programs to Help Building Departments Approve: 1. Special Inspection Agencies J 2. Fabricators 3. Metal Building Manufacturers 4 4. Metal Building Assemblers 5. Testing Laboratories 6. Field Evaluation Bodies 7. Building Department Service Providers 8. Product Certification Agencies Learn More about these Valuable Resources! 1-866-427-4422 www.iasonline.org ate` INTERNATIONAL CODE COUNCIL 101338444 INTERNATIONAL SWIMMING POOL & : HOT TU e� A.LLIA.NCE inia cjx: Vr 21-224 C 40A INTERNATIONAL SWIMMING POOL AND SPA Agreement with ICG No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED — se REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 2021 International Swimming Pool and Spa Code" Date of First Publication: October 30, 2020 First Printing: October 2020 Second Printing: June 2021 ISBN: 978-60983-973-4 (soft-cover edition) ISBN: 978-1-955052-59-7 (PDF download) COPYRIGHT © 2020 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2021 International Swimming Pool and Spa Code® is a copyrighted work owned by the Inter- national Code Council, Inc. ("ICC"). Without separate written permission from the ICC, no part of this publication may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechan- ical means (by way of example, and not limitation, photocopying or recording by or in an information storage and/or retrieval system). For information on use rights and permissions, please contact: ICC Publications, 4051 Flossmoor Road, Country Club Hills, Illinois 60478. Phone: 1-888-ICC-SAFE (422-7233). Trademarks: "International Code Council," the "International Code Council" logo, "ICC," the "ICC' logo, "International Swim- ming Pool and Spa Code," "ISPSC" and other names and trademarks appearing in this publication are registered trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission. T026526 PRINTED IN THE USA Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rj- t tense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 Introduction Development PREFACE The International Swimming Pool and Spa Code® (ISPSC°) establishes minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubs and aquatic facilities. This 2021 edition is fully compatible with all of the International Codes° (I -Codes®) published by the International Code Council (ICC°), including the International Building Code® (IBC°), International Energy Conservation Code® (IECC°), International Existing Building Code' (IEBC°), Inter- national Fire Code® (IFC®), International Fuel Gas Code® (IFGC®), International Green Construction Code® (IgCC®), International Mechanical Code® (IMC®), International Plumbing Code° (IPC°), Interna- tional Private Sewage Disposal Code® (IPSDC°), International Property Maintenance Code® (IPMC°), International Residential Code° (IRC®), International Wildland-Urban Interface Code' (IWUIC®), Inter- national Zoning Code° (IZC®), International Code Council Performance Code' (ICCPC®). The I -Codes, including this ISPSC, are used in a variety of ways in both the public and private sec- tors. Most industry professionals are familiar with the I -Codes as the basis of laws and regulations in communities across the US and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including: • Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance. • The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions. • Certification and credentialing of individuals involved in the fields of building design, construc- tion and safety. • Certification of building and construction -related products. • US federal agencies, to guide construction in an array of government -owned properties. • Facilities management. • "Best practices" benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism. • College, university and professional school textbooks and curricula. • Reference works related to building design and construction. In addition to the codes themselves, the code development process brings together building pro- fessionals on a regular basis. It provides an international forum for discussion and deliberation about building design, construction methods, safety, performance requirements, technological advances and innovative products. This 2021 edition presents the code as originally issued, with changes as reflected in the 2015 and 2018 editions and further changes approved by the ICC Code Development Process through 2019. A new edition such as this is promulgated every 3 years. This code is founded on principles intended to establish provisions consistent with the scope of a swimming pool and spa code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022 26 AM (PDT)2r 21217.e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 Maintenance The ISPSC is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The ICC Code Development Process reflects principles of openness, transparency, balance, due pro- cess and consensus, the principles embodied in OMB Circular A-119, which governs the federal gov- ernment's use of private -sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC's cloud -based app, cdpAc- cess®. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons. In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC's important public safety mission. Some code development committee members were nominated by the following industry partners and approved by the ICC Board: Pool and Hot Tub Alliance (PHTA) [formerly The Association of Pool and Spa Professionals (APSP)] • American Institute of Architects (AIA) The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council -wide votes. The ICC's governmental members —public safety officials who have no financial or business interest in the outcome —cast the final votes on proposed changes. The contents of this work are subject to change through the code development cycles and by any governmental entity that enacts the code into law. For more information regarding the code develop- ment process, contact the Codes and Standards Development Department of the ICC. While the I -Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of this code disclaim any liability resulting from the publi- cation or use of the I -Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers) In each code development cycle, code change proposals to this code are considered at the Committee Action Hearing by the International Swimming Pool and Spa Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed change. Code change proposals to sections of the code that are preceded by a bracketed letter desig- nation, such as [A], will be considered by a committee other than the Swimming Pool and Spa Code Development Committee. For example, proposed changes to Section [A] 102.1 will be considered by the Administrative Code Development Committee during the Committee Action Hearings in the 2022 (Group B) code development cycle. The bracketed letter designations for committees responsible for portions of this code are as fol- lows: [A] = Administrative Code Development Committee; and [BS] = IBC —Structural Code Development Committee For the development of the 2024 edition of the I -Codes, there will be two groups of code develop- ment committees and they will meet in separate years, as shown in the following Code Development Hearings Table. Note that these are tentative groupings. Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because different com- iv 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright lw 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachca.gov), (City of Newport Beach) Order Number a101338444 on Aug 26, 2022 26 AM (PDT)2, 212& se Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 mittees hold Committee Action Hearings in different years, proposals for this code will be heard by committees in both the 2021 (Group A) and the 2022 (Group B) code development cycles. Note that every section of Chapter 1 of this code is designated as the responsibility of the Adminis- trative Code Development Committee, and that committee is part of the Group B portion of the code hearings. This committee will hold its code development hearings in 2022 to consider all code change proposals for Chapter 1 of this code and proposals for Chapter 1 of all I -Codes except the IECC, IRC and IgCC. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administra- tive Code Development Committee for consideration in 2022. It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/current-code-development-cycle. CODE DEVELOPMENT HEARINGS Group A Codes (Heard in 2021, Code Change Group B Codes (Heard in 2022, Code Change Proposals Deadline: January 11, 2021) Proposals Deadline: January 10, 2022) International Building Code Administrative Provisions (Chapter 1 of all codes except IECC, IRC and IgCC; IBC Appendix O; the — Egress (Chapters 10, 11, Appendix E) appendices titled "Board of Appeals" for all — Fire Safety (Chapters 7, 8, 9, 14, 26) codes except IECC, IRC, IgCC, ICCPC and IZC; administrative updates to currently referenced —General (Chapters 2-6, 12, 27-33, standards; and designated definitions) Appendices A, B, C, D, K, N) International Fire Code International Building Code —Structural (Chapters 15-25, Appendices F, G, H, I, J, L, M) International Fuel Gas Code International Existing Building Code International Mechanical Code International Energy Conservation Code —Com- mercial International Plumbing Code International Energy Conservation Code —Resi- dential — IECC—Residential — IRC—Energy (Chapter 11) International Property Maintenance Code International Green Construction Code (Chapter 1) International Private Sewage Disposal Code International Residential Code — IRC—Building (Chapters 1-10, Appendices AE, AF, AH, AJ, AK, AL, AM, AO, AQ, AR, AS, AT, AU, AV, AW) International Residential Code — IRC—Mechanical (Chapters 12-23) — IRC—Plumbing (Chapters 25-33, Appendices AG, Al, AN, AP) International Swimming Pool and Spa Code International Wildland-Urban Interface Code International Zoning Code Note: Proposed changes to the ICCPC will be heard by the code development committee noted in brackets [ ] in the text of the ICCPC. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022 26 AM (PDT)2, 21Z_Y e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and uetworkimg prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2018 edition. Deletion indicators in the form of an arrow (-�) are provided in the margin where an entire section, exception ortable has been deleted or an item in a list of items or row of a table has been deleted. A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2021 edition of the ISPSC. RELOCATIONS 2021 LOCATION 2018 LOCATION 104.8 103.4 104.8.1 103.4.1 106.2 105.5.6 108.1 105.6 108.4 105.6.1 107.1 106.17 107.2 106.17.2 109.2 106.18 109.1 106.19 110.1-110.16 106.1-106.16 113 107 111.2 108.1 A101.3 - A101.3.2 108.2 - 108.2.2 A101.3.4 108.2.3 A101.3.6 108.2.4 A101.3.5 108.2.5 A101.3.7 108.2.6 A101.5 108.3 A101.5.1 108.4 A101.4 108.4.1 A101.5.3 108.5 Coordination of the International Codes The coordination of technical provisions is one of the strengths of the ICC family of model codes. The codes can be used as a complete set of complementary documents, which will provide users with full integration and coordination of technical provisions. Individual codes can also be used in subsets or as stand-alone documents. To make sure that each individual code is as complete as possible, some tech- nical provisions that are relevant to more than one subject area are duplicated in some of the model codes. This allows users maximum flexibility in their application of the I -Codes. A 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright �) z0z0ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338444 om Aug 26, 2022 26 AM (PDT)2,23&mae Agreement with ICC. No further reproduction, mo further reproductions by any third party, or distribution authorized. Smgle user only, copying amd networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338444 Italicized Terms Adoption Terms italicized in code text, other than document titles, are defined in Chapter 2. The terms selected to be italicized have definitions that the user should read carefully to better understand the code. Where italicized, the Chapter 2 definition applies. If not italicized, common -use definitions apply. The ICC maintains a copyright in all of its codes and standards. Maintaining copyright allows ICC to fund its mission through sales of books, in both print and electronic formats. The ICC welcomes adop- tion of its codes by jurisdictions that recognize and acknowledge the ICC's copyright in the code, and further acknowledge the substantial shared value of the public/private partnership for code develop- ment between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All I -Codes and I -Standards, along with the laws of many jurisdictions, are available for free in a nondownloadable form on the ICC's website. Jurisdictions should contact the ICC at adoptions@iccsafe.org to learn how to adopt and distribute laws based on the ISPSC in a manner that provides necessary access, while maintaining the ICC's copyright. To facilitate adoption, several sections of this code contain blanks for fill-in information that needs to be supplied by the adopting jurisdiction as part of the adoption legislation. For this code, please see: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.1. Insert: [INSERT NAME OF DEPARTMENT] Section 113.4. Insert: [SPECIFY OFFENSE], [AMOUNT], and [NUMBER OF DAYS] Effective Use of the International Swimming Pool and Spa Code The ISPSC is a model code that regulates the minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubs and aquatic facilities. This includes public swimming pools, public spas, public exercise spas, aquatic recreation facilities, onground storable residential pools, permanent inground residential pools, permanent residential spas, permanent residential exercise spas, portable residential spas and portable residential exercise spas. In many jurisdictions, in addition to code officials having the responsibility for reviewing plans and inspecting the construction of pools and spas, environmental health officials also have a responsibility for oversight of the operation of pools and spas. In order to prevent disease and injuries, environmen- tal health officials conduct operational evaluations (inspections). This may include water chemistry, credentials and training of pool operators and lifeguards, proper water circulation, facility staffs pre- paredness to respond to injuries and accidents, and proper sanitation and safety of the facility. Code officials and environmental health officials commonly work closely in the plan review and inspection of pools and spas. This collaboration between departments to jointly review plans and inspect pools and spas is critical in order to achieve a safe and healthy environment for all that utilize these facilities. The Pool and Hot Tub Alliance (PHTA) [formerly The Association of Pool & Spa Professionals (APSP)], a cooperating sponsor with ICC in the development and update of the ISPSC, further notes: "While it is recognized that proper construction and installation are essential, safe use of pools and spas requires common sense, including constant adult supervision of children and proper operation and maintenance. It is assumed and intended that pool users will exercise appropriate personal judg- ment and responsibility and that owners and operators of public and residential pools and spas will create and enforce rules and warning appropriate for their facilities." 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° vii Copyright l zozo ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022 26 AM (PDT)2r23L.Jen Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 viii 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-2wense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338444 ARRANGEMENT AND FORMAT OF THE 2021 ISPSC The format of the ISPSC allows each chapter to be devoted to a particular subject with the exception of Chapter 3, which contains general compliance subject matter that is coordinated with the provi- sions for each type of pool and spa regulated in Chapters 4-10. The following table shows how the ISPSC is divided. The ensuing chapter -by -chapter synopsis details the scope and intent of the provisions of the ISPSC. Chapter Topics Chapters Subjects 1 Scope and Administration 2 Definitions 3 General Compliance 4 Public Swimming Pools 5 Public Spas and Public Exercise Spas 6 Aquatic Recreation Facilities 7 Onground Storable Residential Swimming Pools 8 Permanent Inground Residential Swimming Pools 9 Permanent Residential Spas and Permanent Residential Exercise Spas 10 Portable Residential Spas and Portable Residential Exercise Spas 11 Referenced Standards Appendix A Board of Appeals Chapter 1 Scope and Administration This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. Chapter 1 identifies which swimming pools and spas come under its pur- view. It is largely concerned with maintaining "due process of law" in enforcing the design and con- struction criteria contained in the body of the code. Only through careful observation of the administrative provisions can the code official reasonably expect to demonstrate that "equal protec- tion under the law" has been provided. Chapter 2 Definitions Terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term's definition is especially key to or necessary for the understanding of a particular code provision, the term is shown in italics wherever it appears in the code. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning pre- scribed by the code; therefore, it is essential that the code -defined meaning be known. Guidance regarding tense, gender and plurality of defined terms as well as guidance regarding terms not defined in this code is provided. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° ix Copyright l zozo ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022 26 AM (PDT)2, 233e e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 Chapter 3 General Compliance Chapter 3 is broad in scope. It includes a variety of requirements for pools and spas. This chapter pro- vides requirements that are intended to maintain a minimum level of safety and sanitation for both the general public and the users of pools or spas. Chapter 3 provides specific criteria for electrical, plumbing, mechanical and fuel gas requirements; energy savings requirements; construction in flood hazard areas; barrier requirements; decks around pools and spas; general design; dimensional design; equipment; suction entrapment avoidance; circulation systems; filters; pumps and motors; return and suction fittings; skimmers; heaters; air blowers and air induction systems; water supply; sanitizing equipment; wastewater disposal; lighting; ladders and recessed treads; and safety. It is important to note that Chapter 3 is intended to provide general requirements not found in Chapters 4-10. Chapters 4-10 specifically reference Chapter 3 in order to coordinate the general provisions with the specific provisions based on the type of pool or spa. Chapter 4 Public Swimming Pools The purpose of Chapter 4 is to set forth specific requirements in the code for public swimming pools with regard to diving equipment, bather load limitations, rest ledges, wading pools, decks, deck equip- ment, filters, dressing and sanitary facilities, special features and signage. The term "public swimming pool" is defined in Chapter 2 and includes the different classes of pools (Class A — Class F). Chapter 5 Public Spas and Public Exercise Spas Chapter 5 establishes the specific criteria for public spas and public exercise spas with regard to mate- rials, structure and design, pumps and motors, return and suction fittings, heater and temperature requirements, water supply, sanitation, oxidation equipment and chemical feeders, and safety fea- tures. The term "spa" is defined in Chapter 2. Chapter 6 Aquatic Recreation Facilities The purpose of Chapter 6 is to establish specific requirements for aquatic recreation facilities with regard to floors, markings and indications, circulation systems, handholds and ropes, depths, barriers, number of occupants, toilet rooms and bathrooms, special features and signage. The term "aquatic recreation facility" is defined in Chapter 2 and includes wave pools, leisure rivers, inner tube rides and body slides, to name a few. Chapter 7 Onground Storable Residential Swimming Pools The purpose of Chapter 7 is to establish specific requirements for onground storable residential swim- ming pools with regard to ladders and stairs, decks and circulation systems. The term "onground stor- able pool" is defined in Chapter 2. This chapter applies to what has been commonly referred to in past standards and codes as onground or above -ground pools. The application of the provisions for onground residential pools is limited to pools associated with detached one- and two-family dwellings and townhouses not more than three stories high in accordance with the definition of the term "resi- dential" in Chapter 2. Chapter 8 Permanent Inground Residential Swimming Pools The purpose of Chapter 8 is to establish specific requirements for permanent inground residential swimming pools with regard to design, construction tolerances, diving water envelopes, walls, offset ledges, pool floors, diving equipment, special features, circulation systems and safety features. The application of the provisions for inground residential pools is limited to pools associated with detached one- and two-family dwellings and townhouses not more than three stories high in accor- dance with the definition of the term "residential" in Chapter 2. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright �) z0z0ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a101338444 om Aug 26, 2022 26 AM (PDT)2, 234- e Agreement with ICC. No further reproduction, mo further reproductions by any third party, or distribution authorized. Smgle user only, copying amd networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 Chapter 9 Permanent Residential Spas and Permanent Residential Exercise Spas The purpose of Chapter 9 is to establish specific requirements for permanent residential spas and per- manent residential exercise spas with regard to safety features. The application of the provisions for residential spas ("spa" is defined in Chapter 2) is limited to spas associated with detached one- and two-family dwellings and townhouses not more than three stories high in accordance with the defini- tion of the term "residential" in Chapter 2. Chapter 10 Portable Residential Spas and Portable Residential Exercise Spas The purpose of Chapter 10 is to establish specific requirements for portable residential spas and porta- ble residential exercise spas with regard to standards that the equipment must meet. The application of the provisions for residential spas ("spa" is defined in Chapter 2) is limited to spas associated with detached one- and two-family dwellings and townhouses not more than three stories high in accor- dance with the definition of the term "residential" in Chapter 2. Chapter 11 Referenced Standards The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 11 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compliance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. Chapter 11 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency's standards are then listed in either alphabetical or numeric order based on the standard iden- tification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that refer- ence the standard. Appendix A Board of Appeals Section 111 of Chapter 1 requires the establishment of a board of appeals to hear appeals regarding determinations made by the code official. Appendix A provides qualification standards for members of the board as well as operational procedures of such board. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° A Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022 26 AM (PDT)2,23enae Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and uetworkimg prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 xii 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-236ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION— 1-1 PART 1—SCOPE AND APPLICATION........... 1-1 Section 101 Scope and General Requirements .............. 1-1 102 Applicability .............................. 1-1 PART 2—ADMINISTRATION AND ENFORCEMENT ..................... 1-2 Section 103 Code Compliance Agency ................... 1-2 104 Duties and Powers of the Code Official......... 1-2 105 Permits .................................. 1-3 106 Construction Documents .................... 1-4 107 Notice of Approval ......................... 1-4 108 Fees ..................................... 1-5 109 Service Utilities ........................... 1-5 110 Inspections ............................... 1-5 111 Means of Appeal .......................... 1-6 112 Board of Appeals .......................... 1-6 113 Violations ................................ 1-6 114 Stop Work Order .......................... 1-7 CHAPTER 2 DEFINITIONS ................... 2-1 Section 201 General .................................. 2-1 202 Definitions ............................... 2-1 CHAPTER 3 GENERAL COMPLIANCE ........ 3-1 Section 301 General .................................. 3-1 302 Electrical, Plumbing, Mechanical and Fuel Gas Requirements ................ 3-1 303 Energy .................................. 3-1 304 Flood Hazard Areas ........................ 3-2 305 Barrier Requirements ....................... 3-2 306 Decks ................................... 3-4 307 General Design ............................ 3-5 308 Dimensional Design ........................ 3-6 309 Equipment ............................... 3-7 310 Suction Entrapment Avoidance ............... 3-7 311 Circulation Systems ........................ 3-7 312 Filters ................................... 3-8 313 Pumps and Motors ......................... 3-8 314 Return and Suction Fittings .................. 3-9 315 Skimmers ................................ 3-9 316 Heaters ................................. 3-10 317 Air Blower and Air Induction System ......... 3-10 318 Water Supply ............................ 3-11 319 Sanitizing Equipment ...................... 3-11 320 Wastewater Disposal ...................... 3-11 321 Lighting ................................ 3-11 322 Ladders and Recessed Treads ............... 3-12 323 Safety .................................. 3-12 324 Equipment Rooms ........................ 3-13 325 Indoor Air Quality ........................ 3-16 CHAPTER 4 PUBLIC SWIMMING POOLS...... 4-1 Section 401 General .................................. 4-1 402 Diving .................................. 4-1 403 Bather Load .............................. 4-3 404 Rest Ledges .............................. 4-3 405 Wading Pools ............................. 4-3 406 Decks and Deck Equipment .................. 4-3 407 Circulation Systems ........................ 4-4 408 Filters ................................... 4-4 409 Specific Safety Features ..................... 4-5 410 Sanitary Facilities ...........................4-5 411 Special Features ............................4-5 412 Signage...................................4-6 CHAPTER 5 PUBLIC SPAS AND PUBLIC EXERCISE SPAS ................. 5-1 Section 501 General .................................. 5-1 502 Materials ................................ 5-1 503 Structure and Design ....................... 5-1 504 Pumps and Motors ......................... 5-1 505 Return and Suction Fittings .................. 5-1 506 Heater and Temperature Requirements ......... 5-1 507 Water Supply ............................. 5-2 508 Safety Features.............................5-2 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE® xiii CopyrightO—OICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov),(CRY of Newport Reach)Order Numberutot338444 on Aug 26, 2o22 07:26 AM(PDT)21 nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER TABLE OF CONTENTS 101338444 CHAPTER 6 AQUATIC RECREATION FACILITIES ..................... 6-1 Section 601 General .................................. 6-1 602 Floors ................................... 6-1 603 Markings and Indicators ..................... 6-1 604 Circulation Systems ........................ 6-1 605 Handholds and Ropes ....................... 6-2 606 Depths ................................... 6-2 607 Barriers .................................. 6-2 608 Number of Occupants ....................... 6-2 609 Dressing and Sanitary Facilities ............... 6-3 610 Special Features ........................... 6-3 611 Signage.................................. 6-4 612 Interactive Water Play Features ............... 6-5 CHAPTER ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS .......................... 7-1 Section 701 General .................................. 7-1 702 Ladders and Stairs ......................... 7-1 703 Decks ................................... 7-3 704 Circulation System ......................... 7-4 705 Safety Signs .............................. 7-5 CHAPTER 8 PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS .......................... 8-1 801 General .................................. 8-1 802 Design ................................... 8-1 803 Construction Tolerances ..................... 8-1 804 Diving Water Envelopes .................... 8-1 805 Walls .................................... 8-1 806 Offset Ledges ............................. 8-3 807 Pool Floors ............................... 8-3 808 Diving Equipment ......................... 8-3 809 Special Features ........................... 8-4 810 Circulation Systems ........................ 8-4 811 Safety Features ............................ 8-4 CHAPTER 9 PERMANENT RESIDENTIAL SPAS AND PERMANENT RESIDENTIAL EXERCISE SPAS ............................ 9-1 901 General .................................. 9-1 902 Safety Features ........................... 9-1 CHAPTER 10 PORTABLE RESIDENTIAL SPAS AND PORTABLE RESIDENTIAL EXERCISE SPAS ............... 10-1 1001 General ................................ 10-1 CHAPTER 11 REFERENCED STANDARDS .... 11-1 APPENDIX A BOARD OF APPEALS ........... A-1 INDEX .................................. INDEX-1 AV 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright ®2020ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number 4101338444 on Aug 26, 2ozz 07:26 AM (PDT) � �ua238ens Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distributio. authorized. Single user only, copying a.d networking prohibited. ANY UNAUTHORIZED e REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 1 SCOPE AND ADMINISTRATION User note: About this chapter. Chapter 1 establishes the limits of applicability of this code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101-102) and Part 2—Administration and Enforcement (Sections 103- 114). Section 101 identifies which buildings and structures come under its purview and references other I -Codes as applicable. Standards and codes are scoped to the extent referenced (see Section 102.7). This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its admin- istration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner. This chapter was extensively reorganized for the 2021 edition. For clarity, the relocation marginal markings have not been included. For complete information, see the Relocations Table in the Preface of this code. PART 1—SCOPE AND APPLICATION SECTION 101 SCOPE AND GENERAL REQUIREMENTS [A] 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." [A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replace- ment, repair and maintenance of aquatic recreation facilities, 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 circula- tion system and that are intended for swimming, bathing or wading. 101.2.1 Flotation tanks. Flotation tank systems intended for sensory deprivation therapy shall not be considered to be included in the scope of this code. [A] 101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of safety, health, property protection and general welfare by regulating and controlling the design, construction, installa- tion, quality of materials, location and maintenance or use of pools and spas. [A] 101.4 Severability. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. [A] 102.2 Existing installations. Any pool or spa and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance contin- ued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created. [A] 102.3 Maintenance. Pools and spas and related mechan- ical, electrical and plumbing systems, both existing and new, and parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the edition of the code under which they were installed. The owner or the owner's authorized agent shall be responsible for maintenance of systems. To determine compliance with this provision, the code official shall have the authority to require any system to be reinspected. [A] 102.4 Additions, alterations or repairs. Additions, alterations, renovations or repairs to any pool, spa or related system shall conform to that required for a new system with- out requiring the existing systems to comply with the requirements of this code. Additions, alterations or repairs shall not cause existing systems to become unsafe, insanitary or overloaded. Minor additions, alterations, renovations and repairs to existing systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved. [A] 102.5 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of pools, spas or systems shall not be mandatory for existing pools, spas or systems identified and classified by the state or local jurisdiction as part of a historic structure where such pools, spas or systems are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such pool or spa. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 1-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov),(City of Newport Reach)Order Numberutot338444 on Aug 26, 2o22 07:26 AM(PDT)&J-23gense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338444 [Al 102.6 Moved pools and spas. Except as determined by Section 102.2, systems that are a part of a pool, spa or system moved into or within the jurisdiction shall comply with the provisions of this code for new installations. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 11 and such codes and standards shall be consid- ered to be part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. [A] 102.7.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the International Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable International Code or referenced standard. [A] 102.8 Requirements not covered by code. Any require- ments necessary for the strength, stability or proper operation of an existing or proposed system, or for the public safety, health and general welfare, not specifically covered by this code shall be determined by the code official. [A] 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. [A] 102.10 Application of references. References to chap- ter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 CODE COMPLIANCE AGENCY [A] 103.1 Creation of agency. The [NAME OF DEPART- MENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. [A] 104.2 Applications and permits. The code official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of pools, spas and related mechanical, electrical and plumbing systems. The code official shall inspect the prem- ises for which such permits have been issued and enforce compliance with the provisions of this code. [A] 104.3 Notices and orders. The code official shall issue necessary notices or orders to ensure compliance with this code. [A] 104.4 Inspections. The code official shall make the required inspections, or the code official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the struc- ture or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.7 Department records. The code official shall keep official records of applications received, permits and certifi- cates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 1-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-249 se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION [A] 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. [A] 104.8.1 Legal defenses. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceed- ings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 104.9 Modifications. Where there are practical difficul- ties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's authorized agent, provided that the code 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 sustainability, health, accessibility, life safety and structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. [A] 104.10 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any design or material or to prohibit any method of construction not specif- ically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alterna- tive was not approved. [A] 104.11 Required testing. Where there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. [A] 104.11.1 Test methods. Test methods shall be as specified in this code or by other recognized test stan- dards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. [A] 104.11.2 Testing agency. Tests shall be performed by an approved agency. [A] 104.11.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 104.12 Alternative engineered design. The design, documentation, inspection, testing and approval of an alter- native engineered design shall comply with Sections 104.12.1 through 104.12.6. [A] 104.12.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an equivalent level of quality, strength, effectiveness, durability and safety. Material, equipment or components shall be designed and installed in accordance with the manufacturer's instructions. [A] 104.12.2 Submittal. The registered design profes- sional shall indicate on the permit application that the system is an alternative engineered design. The permit and permanent permit records shall indicate that an alter- native engineered design was part of the approved installation. [A] 104.12.3 Technical data. The registered design professional shall submit sufficient technical data to substantiate the proposed alternative engineered design and to prove that the performance meets the intent of this code. [A] 104.12.4 Construction documents. The registered design professional shall submit to the code official two complete sets of signed and sealed construction docu- ments for the alternative engineered design. [A] 104.12.5 Design approval. Where the code official determines that the alternative engineered design conforms to the intent of this code, the system shall be approved. If the alternative engineered design is not approved, the code official shall notify the registered design professional in writing, stating the reasons why the alternative was not approved. [A] 104.12.6 Inspection and testing. The alternative engineered design shall be tested and inspected in accor- dance with the requirements of Section 110.12. [A] 104.13 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition and approved. SECTION 105 PERMITS [A] 105.1 When required. Any owner, or owner's autho- rized agent who desires to construct, enlarge, alter, repair, move, or demolish a pool or spa or to erect, install, enlarge, alter, repair, remove, convert or replace any system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the code official and obtain the required permit for the work. A permit shall not be required for replastering or resurfacing of an existing pool or spa. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 1-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 24-2I.lense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338444 [Al 105.2 Application for permit. Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or the owner's authorized agent. The permit application shall contain such other information required by the code official. [A] 105.3 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 code 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. [A] 105.4 Permit issuance. The application, construction documents and other data filed by an applicant for permit shall be reviewed by the code official. If the code official finds that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, and that the fees specified in Section 108.1 have been paid, a permit shall be issued to the applicant. [Al 105.4.1 Approved construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. The code official shall have the authority to issue a permit for the construction of a part of a system before the entire construction documents for the whole system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire system will be granted. [A] 105.4.2 Validity. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any viola- tion of any of the provisions of this code or any other ordinance of the jurisdiction. Any permit presuming to give authority to violate or cancel the provisions of this code shall not be valid. The issuance of a permit based on construction docu- ments and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction. [Al 105.4.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The code official is authorized to grant, in writing, one or more extensions of time, for a period not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. [A] 105.4.4 Extensions. Any permittee holding an unex- pired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. The fee for an extension shall be one-half the amount required for a new permit for such work. [A] 105.4.5 Suspension or revocation of permit. The code official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents on which the permit or approval was based. SECTION 106 CONSTRUCTION DOCUMENTS [A] 106.1 Construction documents. Construction docu- ments, engineering calculations, diagrams and other such data shall be submitted in two or more sets with each appli- cation for a permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. [A] 106.2 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. SECTION 107 NOTICE OF APPROVAL [A] 107.1 Approval. After the prescribed tests and inspec- tions indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. [A] 107.2 Revocation. The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the notice is issued in error, or on the basis of the incorrect information supplied, or where it is determined that the building or structure, premise, system or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 1-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-242ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION SECTION 108 FEES [A] 108.1 Fees. A permit shall not be valid until the fees prescribed by law have been paid. An amendment to a permit shall not be released until the additional fee, if any, has been paid. [A] 108.2 Schedule of permit fees. Where work requires a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applica- ble governing authority [A] 108.3 Permit valuations. The applicant for a permit shall provide an estimated permit value at time of applica- tion. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as mechanical equipment and permanent systems. If, in the opinion of the code official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be set by the code official. [Al 108.4 Work commencing before permit issuance. Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee as established by the code official that shall be in addition to the required permit fees. [Al 108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work autho- rized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A] 108.6 Refunds The code official is authorized to estab- lish a refund policy. SECTION 109 SERVICE UTILITIES [Al 109.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by this code for which a permit is required until authorized by the code official. [Al 109.2 Temporary connection. The code official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, power, water system or sewer system for the purpose of test- ing systems or for use under a temporary approval. [A] 109.3 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnec- tion of utility service to the building, structure or system regulated by this code and the referenced codes and stan- dards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 108.2 or 108.3. The code official shall notify the serving utility, and wherever possible the owner or the owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discon- necting, the owner, the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 110 INSPECTIONS [A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provi- sions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the juris- diction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. [A] 110.2 Preliminary inspection. Before issuing a permit, the code official is authorized to examine or cause to be examined buildings, structures and sites for which an appli- cation has been filed. [A] 110.3 Required inspections and testing. Pool and spa installations or alterations thereto, including equipment, piping, and appliances related thereto, shall be inspected by the code official to ensure compliance with the requirements of this code. [A] 110.4 Other inspections. In addition to the inspections specified in Sections 110.2 and 110.3, the code official is authorized to make or require other inspections of any construction work to ascertain compliance with the provi- sions of this code and other laws that are enforced. [A] 110.5 Inspection request. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. [A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. [A] 110.7 Approved agencies. Test reports submitted to the code official for consideration shall be developed by approved agencies that have satisfied the requirements as to qualifications and reliability. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 1-5 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) 24-2- ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION 101338444 [Al 110.8 Evaluation and follow-up inspection services. Prior to the approval of a closed, prefabricated system and the issuance of a permit, the code official shall require the submittal of an evaluation report on each prefabricated system indicating the complete details of the system, includ- ing a description of the system and its components, the basis on which the system is being evaluated, test results and simi- lar information, and other data as necessary for the code official to determine conformance to this code. [A] 110.9 Evaluation service. The code official shall desig- nate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this code. [A] 110.10 Follow-up inspection. Except where ready access is provided to systems, service equipment and acces- sories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the frequency of in -plant inspections necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections on request, and the system shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed. [A] 110.11 Test and inspection records. Required test and inspection records shall be available to the code official at all times during the fabrication of the system and the installation of the system, or such records as the code official designates shall be filed. [A] 110.12 Special inspections. Special inspections of alter- native engineered design systems shall be conducted in accordance with Sections 110.12.1 and I10.12.2. [A] 110.12.1 Periodic inspection. The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved construction documents. Discrepancies shall be brought to the immediate attention of the contractor for correction. Records shall be kept of inspections. [A] 110.12.2 Written report. The registered design professional shall submit a final report in writing to the code official upon completion of the installation, certify- ing that the alternative engineered design conforms to the approved construction documents. A notice of approval for the system shall not be issued until a written certifica- tion has been submitted. [A] 110.13 Testing. Systems shall be tested as required by this code. Tests shall be made by the permit holder and the code official shall have the authority to witness such tests. [A] 110.14 New, altered, extended or repaired systems. New systems and parts of existing systems that have been altered, extended or repaired shall be tested as prescribed by this code. [A] 110.15 Equipment, material and labor for tests. Equipment, material and labor required for testing a system or part thereof shall be furnished by the permit holder. [A] 110.16 Reinspection and testing. Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. SECTION 111 MEANS OF APPEAL [A] 111.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. [A] 111.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. [A] 111.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. [A] 111.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 112 BOARD OF APPEALS [A] 112.1 Membership of board. The board of appeals shall consist of five members appointed by the chief appointing authority as follows: one for 5 years, one for 4 years, one for 3 years, one for 2 years and one for 1 year. Thereafter, each new member shall serve for 5 years or until a successor has been appointed. SECTION 113 VIOLATIONS [A] 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any system, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 1-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24ua244rnse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER SCOPE AND ADMINISTRATION E* [Al 113.2 Notice of violation. The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents there under, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. [A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to institute the appropri- ate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful pool or spa in violation of the provisions of this code or of the order or direction made pursuant thereto. [A] 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceed- ing [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Al 113.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal offi- cer of the jurisdiction from instituting appropriate action to prevent violation, or to prevent illegal use of a pool or spa, or to stop an illegal act, conduct, business or utilization of the plumbing on or about any premises. [A] 113.6 Unsafe systems. Any system regulated by this code that is unsafe or that constitutes a fire or health hazard, insanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a system regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. [Al 113.6.1 Authority to condemn a system. Where the code official determines that any system, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary, the code official shall order in writing that such system either be removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be speci- fied in the written notice. A person shall not use or maintain a defective system after receiving such notice. Where such a system is to be disconnected, written notice as prescribed in Section 113.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. [A] 113.6.2 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the pool or spa regu- lated by the technical codes in case of an emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or the owner's authorized agent and occupant of the building where the pool or spa is located shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting, the owner, the owner's authorized agent or the occupant of the building shall be notified in writing, as soon as practical thereafter. [A] 113.6.3 Connection after order to disconnect. A person shall not make connections from any energy, fuel, power supply or water distribution system, or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be discon- nected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such equipment. When any system is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the code official shall institute any appropriate action to prevent, restrain, correct or abate the violation. SECTION 114 STOP WORK ORDER [A] 114.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immedi- ately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 114.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 1-7 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Reach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 1-8 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rlua21l&.se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 2 DEFINITIONS User note: About this chapter. Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, Inter- national Mechanical Code, International Plumbing Code or International Residential Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS ACCESSIBLE. Signifies access that requires the removal of an access panel or similar removable obstruction. ACTIVITY POOL. A pool designed primarily for play activity that uses constructed features and devices including lily pad walks, flotation devices, small slide features, and similar attractions. AIR INDUCTION SYSTEM. A system whereby a volume of air is introduced into hollow ducting built into a spa floor, bench, or hydrotherapy jets. [Al ALTERATION. Any construction or renovation to an existing pool or spa other than repair. [A] APPROVED. Acceptable to the code official or author- ity having jurisdiction. [A] APPROVED AGENCY. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, or furnishing product certification where such agency has been approved by the code official. AQUATIC RECREATION FACILITY. A facility that is designed for free -form aquatic play and recreation. The facil- ities may include, but are not limited to, wave or surf action pools, leisure rivers, sand bottom pools, vortex pools, activity pools, inner tube rides, body slides and interactive play attractions. BACKWASH. The process of cleansing the filter medium or elements by the reverse flow of water through the filter. BACKWASH CYCLE. The time required to backwash the filter medium or elements and to remove debris in the pool or spa filter. BARRIER. A permanent fence, wall, building wall, or combination thereof that completely surrounds the pool or spa and obstructs the access to the pool or spa. The term "permanent" shall mean not being able to be removed, lifted, or relocated without the use of a tool. BATHER. A person using a pool, spa or hot tub and adjoin- ing deck area for the purpose of water sports, recreation, therapy or related activities. BATHER LOAD. The number of persons in the pool or spa water at any given moment or during any stated period of time. BEACH ENTRY. Sloping entry starting above the waterline at deck level and ending below the waterline. The presence of sand is not required. Also called "zero entry." CHEMICAL FEEDER. A floating or mechanical device for adding a chemical to pool or spa water. CHEMICAL STORAGE SPACE. A space in an aquatic facility used for the storage of pool or spa chemicals such as acids, salt, or corrosive or oxidizing chemicals. CIRCULATION EQUIPMENT. The components of a circulation system. CIRCULATION SYSTEM. The mechanical components that are a part of a recirculation system on a pool or spa. Circulation equipment may be, but is not limited to, catego- ries of pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet fittings, outlet fittings and chemical feeding devices. The components have separate functions, but where connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear and sanitary condition. [A] CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 2-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number u101338444 on Aug 26, 2o22 07:26 AM (PDT) 24- nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS 101338444 [Al CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. COPPER ALLOY. A homogeneous mixture of not less than two metals where not less than 50 percent of the finished metal is copper. DECK An area immediately adjacent to or attached to a pool or spa that is specifically constructed or installed for sitting, standing, or walking. DEEP AREA. Water depth areas exceeding 5 feet (1524 mm). DESIGN PROFESSIONAL. An individual who is regis- tered or licensed to practice his or her respective design profession as defined by the statutory requirements of the professional registration or licensing laws of the state or juris- diction in which the project is to be constructed. DESIGN RATE OF FLOW. The rate of flow used for design calculations in a system. DESIGN WATERLINE. The centerline of the skimmer or other point as defined by the designer of the pool or spa. DIVING AREA. The area of a swimming pool that is designed for diving. DIVING BOARD. A flexible board secured at one end that is used for diving such as a spring board or a jump board. DIVING PLATFORM. A stationary platform designed for diving. DIVING STAND. Any supporting device for a springboard, jump board or diving board. EQUIPMENT ROOM. A space intended for the operation of pool pumps, filters, heaters, and controllers. This space is not intended for the storage of hazardous pool or spa chemicals. EXERCISE SPA (Also known as a swim spa). Variants of a spa in which the design and construction includes specific features and equipment to produce a water flow intended to allow recreational physical activity including, but not limited to, swimming in place. Exercise spas can include peripheral jetted seats intended for water therapy, heater, circulation and filtration system, or can be a separate distinct portion of a combination spa/exercise spa and can have separate controls. These spas are of a design and size such that they have an unobstructed volume of water large enough to allow the 99th Percentile Man as specified in APSP 16 to swim or exercise in place. EXISTING POOL OR SPA. A pool or spa constructed prior to the date of adoption of this code, or one for which a legal building permit has been issued. FILTER. A device that removes undissolved particles from water by recirculating the water through a porous substance such as filter medium or elements. FILTRATION. The process of removing undissolved parti- cles from water by recirculating the water through a porous substance such as filter medium or elements. [BS] FLOOD HAZARD AREA. The greater of the follow- ing two areas: 1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year. The area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated. FLUME. A trough -like or tubular structure, generally recog- nized as a water slide, that directs the path of travel and the rate of descent by the rider. GUTTER. Overflow trough in the perimeter wall of a pool that is a component of the circulation system or flows to waste. HAIR AND LINT STRAINER. A device attached on or in front of a pump to which the influent line (suction line) is connected for the purpose of entrapping lint, hair, or other debris that could damage the pump. HANDHOLD. That portion of a pool or spa structure or a specific element that is at or above the design waterline that users in the pool grasp onto for support. HANDRAIL. A support device that is intended to be gripped by a user for the purpose of resting or steadying, typically located within or at exits to the pool or spa or as part of a set of steps. HYDROTHERAPY JET. A fitting that blends air and water, creating a high -velocity turbulent stream of air - enriched water. INDOOR AQUATIC FACILITY. A physical place that contains one or more pools or spas and the surrounding bather and spectator/stadium seating areas within a structure that meets the definition of "Building" in the International Build- ing Code. It does not include equipment, chemical storage, or bather hygiene rooms or any other rooms with a direct open- ing to the aquatic facility. Also known as a natatorium. INTERACTIVE WATER PLAY FEATURES. Any indoor or outdoor structure designed to allow for public recre- ational activities with recirculated, filtered, and treated water that includes sprayed, jetted or other water sources contacting bathers and not incorporating standing or captured water as part of the bather activity area. These installations are also known as splash pads, spray pads, and wet decks. JUMP BOARD. A manufactured diving board that has a coil spring, leaf spring, or comparable device located beneath the board that is activated by the force exerted by jumping on the board's end. [A] JURISDICTION. The governmental unit that has adopted this code. [A] LABEL. An identification applied on a product by the manufacturer that contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and that indicates that the representative sample of the product or material has been tested and evaluated by an approved agency. 2-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-2"ease Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS [Al LABELED. Equipment, materials or products to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above -labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LADDER. A structure for ingress and egress that usually consists of two long parallel side pieces joined at intervals by crosspieces such as treads. Type A double access ladder. An "A -Frame" ladder that straddles the pool wall of an above -ground pool and provides ingress and egress and is intended to be removed when not in use. Type B limited access ladder. An "A -Frame" ladder that straddles the pool wall of an above-ground/onground pool. Type B ladders are removable and have a built-in feature that prevents entry to the pool when the pool is not in use. Type C ladder. A "ground to deck" staircase ladder that allows access to an above -ground pool deck and has a built-in entry -limiting feature. Type D in -pool ladder. Located in the pool to provide a means of ingress and egress from the pool to the deck. Type E or F in -pool staircase ladder. Located in the pool to provide a means of ingress and egress from the pool to the deck. LIFELINE. An anchored line thrown to aid in rescue. [A] LISTED. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identified standards or has been tested and found suitable for a specified purpose. MAINTAINED ILLUMINATION. The value, in foot- candles or equivalent units, below which the average illumi- nance on a specified surface is not allowed to fall. Maintained illumination equals the initial average illuminance on the specified surface with new lamps, multiplied by the light loss factor (LLF), to account for reduction in lamp intensity over time. NEGATIVE EDGE. See "Vanishing edge." NONENTRY AREA. An area of the deck from which entry into the pool or spa is prohibited. ONGROUND STORABLE POOL. A pool that can be disassembled for storage or transport. This includes portable pools with flexible or nonrigid walls that achieve their struc- tural integrity by means of uniform shape, a support frame or a combination thereof, and that can be disassembled for stor- age or relocation. OVERFLOW GUTTER. The gutter around the top perime- ter of the pool or spa, which is used to skim the surface. [A] OWNER. Any person, agent, operator, entity, firm or corporation having any legal or equitable interest in the prop- erty; or recorded in the official records of the state, county or municipality as holding an interest or title to the property; or otherwise having possession or control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. [A] PERMIT. An official document or certificate issued by the authority having jurisdiction that authorizes performance of a specified activity. POOL. See "Public swimming pool" and "Residential swim- ming pool." POWER SAFETY COVER. A pool cover that is placed over the water area, and is opened and closed with a motor- ized mechanism activated by a control switch. PUBLIC SWIMMING POOL (Public Pool). A pool, other than a residential pool, that is intended to be used for swim- ming or bathing and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. Public pools shall be further classified and defined as follows: Class A competition pool. A pool intended for use for accredited competitive aquatic events such as Federation Internationale De Natation (FINA), USA Swimming, USA Diving, USA Synchronized Swimming, USA Water Polo, National Collegiate Athletic Association (NCAA), or the National Federation of State High School Associa- tions (NFHS). Class B public pool. A pool intended for public recre- ational use that is not identified in the other classifications of public pools. Class C semi-public pool. A pool operated solely for and in conjunction with lodgings such as hotels, motels, apart- ments or condominiums. Class D-1 wave action pool. A pool designed to simulate breaking or cyclic waves for purposes of general play or surfing. Class D-2 activity pool. A pool designed for casual water play ranging from simple splashing activity to the use of attractions placed in the pool for recreation. Class D-3 catch pool. A body of water located at the termination of a manufactured waterslide attraction. The body of water is provided for the purpose of terminating the slide action and providing a means for exit to a deck or walkway area. Class D-4 leisure river. A manufactured stream of water of near -constant depth in which the water is moved by pumps or other means of propulsion to provide a river -like flow that transports bathers over a defined path that may include water features and play devices. Class D-5 vortex pool. A circular pool equipped with a method of transporting water in the pool for the purpose of propelling riders at speeds dictated by the velocity of the moving stream of water. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 2-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Reach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) 2 1 24gense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS 101338444 Class D-6 interactive play attraction. A manufactured water play device or a combination of water -based play devices in which water flow volumes, pressures or patterns can be varied by the bather without negatively influencing the hydraulic conditions for other connected devices. These attractions incorporate devices or activities such as slides, climbing and crawling structures, visual effects, user -actuated mechanical devices and other elements of bather -driven and bather -controlled play. Class E. Pools used for instruction, play or therapy and with temperatures above 86°F (30°C). Class F. Class F pools are wading pools and are covered within the scope of this code as set forth in Section 405. Public pools are either a diving or nondiving type. Diving types of public pools are classified into types as an indication of the suitability of a pool for use with diving equipment. Type O. A nondiving public pool. Types VI —IX. Public pools suitable for the installation of diving equipment by type. RECESSED TREADS. A series of vertically spaced cavities in a pool or spa wall creating tread areas for step holes. RECIRCULATION SYSTEM. See "Circulation system." [A] REPAIR. The reconstruction or renewal of any part of a pool or spa for the purpose of its maintenance or to correct damage. RESIDENTIAL. For purposes of this code, residential applies to detached one- and two-family dwellings and town- houses not more than three stories in height. RESIDENTIAL SWIMMING POOL (Residential Pool). A pool intended for use that is accessory to a residential setting and available only to the household and its guests. Other pools shall be considered to be public pools for purposes of this code. Type O. A nondiving residential pool. Types I—V. Residential pools suitable for the installation of diving equipment by type. RETURN INLET. The aperture or fitting through which the water under positive pressure returns into a pool. RING BUOY. A ring -shaped floating buoy capable of supporting a user, usually attached to a throwing line. ROPE AND FLOAT LINE. A continuous line not less than l/4 inch (6 mm) in diameter that is supported by buoys and attached to opposite sides of a pool to separate the deep and shallow ends. RUNOUT. A continuation of water slide flume surface where riders are intended to decelerate and come to a stop. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water. SHALL. The term, where used in the code, is construed as mandatory. SHALLOW AREAS. Portions of a pool or spa with water depths less than 5 feet (1524 mm). SKIMMER. A device installed in the pool or spa that permits the removal of floating debris and surface water to the filter. SLIP RESISTANT. A surface that has been treated or constructed to significantly reduce the chance of a user slip- ping. The surface shall not be an abrasion hazard. SLOPE BREAK. Occurs at the point where the slope of the pool floor changes to a greater slope. SPA. A product intended for the immersion of persons in temperature -controlled water circulated in a closed system, and not intended to be drained and filled with each use. A spa usually includes a filter, an electric, solar or gas heater, a pump or pumps, and a control, and can include other equip- ment, such as lights, blowers, and water -sanitizing equipment. Nonself-contained spa. A factory -built spa in which the water heating and circulating equipment is not an integral part of the product. Nonself-contained spas may employ separate components such as an individual filter, pump, heater and controls, or they can employ assembled combi- nations of various components. Permanent residential spa. A spa, intended for use that is accessory to a residential setting and available to the household and its guests and where the water heating and water -circulating equipment is not an integral part of the product. The spa is intended as a permanent plumbing fixture and not intended to be moved. Portable residential spa. A spa intended for use that is accessory to a residential setting and available to the household and its guests and where it is either self- contained or nonself-contained. Public spa. A spa other than a permanent residential spa or portable residential spa that is intended to be used for bathing and is operated by an owner, licensee or conces- sionaire, regardless of whether a fee is charged for use. Self-contained spa. A factory -built spa in which all control, water heating and water -circulating equipment is an integral part of the product. Self-contained spas may be permanently wired or cord connected. SPRAY POOL. A pool or basin occupied by construction features that spray water in various arrays for the purpose of wetting the persons playing in the spray streams. SUBMERGED VACUUM FITTING. A fitting intended to provide a point of connection for suction side automatic swimming pool, spa, and hot tub cleaners. SUCTION OUTLET. A submerged fitting, fitting assem- bly, cover/grate and related components that provide a localized low-pressure area for the transfer of water from a swimming pool, spa or hot tub. Submerged suction outlets have been referred to as main drains. SURFACE SKIMMING SYSTEM. A device or system installed in the pool or spa that permits the removal of float- ing debris and surface water to the filter. 2-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24ua nse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER DEFINITIONS SURGE CAPACITY. The storage volume in a surge tank, gutter, and plumbing lines. SURGE TANK. A storage vessel within the pool recirculat- ing system used to contain the water displaced by bathers. SWIMOUT. An underwater seat area that is placed completely outside of the diving envelope of the pool. Where located at the deep end, swimouts are permitted to be used as the deep -end means of entry or exit to the pool. TUBE RIDE. A gravity flow attraction found at a waterpark designed to convey riders on an inner -tube -like device through a series of chutes, channels, flumes or pools. TURNOVER RATE. The period of time, usually in hours, required to circulate a volume of water equal to the pool or spa capacity. UNDERWATER BENCH. An underwater seat that can be recessed into the pool wall or placed completely inside the perimeter shape of the pool. UNDERWATER LEDGE. A narrow shelf projecting from the side of a vertical structure whose dimensions are defined in the appropriate standard. VANISHING EDGE. Water -feature detail in which water flows over the edge of not fewer than one of the pool walls and is collected in a catch basin. Also called "Negative edge." WATERLINE. See "Design waterline." WAVE POOL CAISSON. A large chamber used in wave generation. This chamber houses pulsing water and air surges in the wave generation process and is not meant for human occupancy. ZERO ENTRY. See "Beach entry." 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 2-5 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) i 4-254ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 2-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-252ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 3 GENERAL COMPLIANCE User note: About this chapter: Chapter 3 covers general regulations for pool and spa installations. As many of these requirements would need to be repeated in Chapters 3 through 10, placing such requirements in only one location eliminates code development coordination issues with the same requirement in multiple locations. These general requirements can be superseded by more specific requirements for certain appli- cations in Chapters 3 through 10. SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the general design and construction of public and residential pools and spas and related piping, equipment, and materials. Provisions that are unique to a specific type of pool or spa are located in Chapters 4 through 10. 301.1.1 Application of Chapters 4 through 10. Where differences occur between the provisions of this chapter and the provisions of Chapters 4 through 10, the provi- sions of Chapters 4 through 10 shall apply. SECTION 302 ELECTRICAL, PLUMBING, MECHANICAL AND FUEL GAS REQUIREMENTS 302.1 Electrical. Electrical requirements for aquatic facili- ties shall be in accordance with NFPA 70 or the International Residential Code, as applicable in accordance with Section 102.7.1. Exception: Internal wiring for portable residential spas and portable residential exercise spas. 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 International Plumbing Code. Fittings shall be approved for installation with the piping installed. 302.3 Pipe, fittings and components. Pipe, fittings and components shall be listed and labeled in accordance with NSF 50 or NSF 14. Plastic jets, fittings, and outlets used in public spas shall be listed and labeled in accordance with NSF 50. Exceptions: 1. Portable residential spas and portable residential exercise spas listed and labeled in accordance with UL 1563 or CSA C22.2 No. 218.1. 2. Onground storable pools supplied by the pool manufacturer as a kit that includes all pipe, fittings and components. 302.4 Concealed piping inspection. Piping, including process piping, that is installed in trenches, shall be inspected prior to backfilling. 302.5 Backflow protection. Water supplies for pools and spas shall be protected against Backflow in accordance with the International Plumbing Code or the International Resi- dential Code, as applicable in accordance with Section 102.7.1. 302.6 Wastewater discharge. Where wastewater from pools or spas, such as backwash water from filters and water from deck drains discharge to a building drainage system, the connection shall be through an air gap in accordance with the International Plumbing Code or the International Resi- dential Code as applicable in accordance with Section 102.7.1. 302.7 Tests. Tests on water piping systems constructed of plastic piping shall not use compressed air for the test. 302.8 Maintenance. Pools and spas shall be maintained in a clean and sanitary condition, and in good repair. 302.8.1 Manuals. An operating and maintenance manual in accordance with industry -accepted standards shall be provided for each piece of equipment requiring maintenance. SECTION 303 ENERGY 303.1 Energy consumption of pools and permanent spas. The energy consumption of pools and permanent spas shall be controlled by the requirements in Sections 303.1.1 through 303.1.3. 303.1.1 Heaters. The electric power to heaters shall be controlled by a readily accessible on -off switch that is an integral part of the heater, mounted on the exterior of the heater or external to and within 3 feet (914 mm) of the heater. Operation of such switch shall not change the setting of the heater thermostat. Such switches shall be in addition to a circuit breaker for the power to the heater. Gas -fired heaters shall not be equipped with continuously burning ignition pilots. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 3-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) i' 4-253me Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 303.1.2 Time switches. Time switches or other control methods that can automatically turn off and on heaters and pump motors according to a preset schedule shall be installed for heaters and pump motors. Heaters and pump motors that have built-in time switches shall be in compli- ance with this section. Exceptions: 1. Where public health standards require 24-hour pump operation. 2. Pumps that operate solar- or waste -heat recov- ery pool heating systems. 303.1.3 Covers. Outdoor heated pools and outdoor permanent spas shall be provided with a vapor -retardant cover or other approved vapor -retardant means in accor- dance with Section 104.12. Exception: Where more than 70 percent of the energy for heating, computed over an operating season, is from a heat pump or solar energy source, covers or other vapor -retardant means shall not be required. 303.2 Portable spas. The energy consumption of electric - powered portable spas shall be controlled by the require- ments of APSP 14. 303.3 Residential pools and permanent residential spas. The energy consumption of residential swimming pools and permanent residential spas shall be controlled in accordance with the requirements of APSP 15. SECTION 304 FLOOD HAZARD AREAS 304.1 General. The provisions of Section 304 shall control the design and construction of pools and spas installed in flood hazard areas. [BS] 304.2 Determination of impacts based on location. Pools and spas located in flood hazard areas indicated within the International Building Code or the International Residential Code shall comply with Section 304.2.1 or 304.2.2. Exception: Pools and spas located in riverine flood hazard areas that are outside of designated floodways and pools and spas located in flood hazard areas where the source of flooding is tides, storm surges or coastal storms. [BS] 304.2.1 Pools and spas located in designated floodways. Where pools and spas are located in desig- nated floodways, documentation shall be submitted to the code official that demonstrates that the construction of the pools and spas will not increase the design flood elevation at any point within the jurisdiction. [BS] 304.2.2 Pools and spas located where floodways have not been designated. Where pools and spas are located where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool or spa and any associated grading and fill- ing, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. [BS] 304.3 Pools and spas in coastal high -hazard areas. Pools and spas installed in coastal high -hazard areas shall be designed and constructed in accordance with ASCE 24. [BS] 304.4 Protection of equipment. Equipment shall be elevated to or above the design flood elevation or be anchored to prevent flotation and protected to prevent water from entering or accumulating within the components during conditions of flooding. 304.5 GFCI protection. Electrical equipment installed below the design flood elevation shall be supplied by branch circuits that have ground -fault circuit interrupter protection for personnel. SECTION 305 BARRIER REQUIREMENTS 305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F 1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7. 305.1.1 Construction fencing required. The construc- tion sites for in -ground swimming pools and spas shall be provided with construction fencing to surround the site from the time that any excavation occurs up to the time that the permanent barrier is completed. The fencing shall be not less than 4 feet (1219 mm) in height. 305.2 Outdoor swimming pools and spas. Outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7. 305.2.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with all of the following: 1. The top of the barrier shall be not less than 48 inches (1219 mm) 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 3 feet (914 mm) measured horizontally from the outside of the required barrier. 2. The vertical clearance between grade and the bottom of the barrier shall not exceed 2 inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier that faces away from the pool or spa. 3. The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed 4 inches (102 mm) where measured on the side of the required barrier that faces away from the pool or spa. 3-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) &J 254— Agreement with ICC. No fuuther reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 4. Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on top of the pool or spa struc- ture. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches (102 mm). 305.2.2 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 305.2.3 Solid barrier surfaces. Solid barriers that do not have openings shall not contain indentations or protru- sions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints. 305.2.4 Mesh fence as a barrier. Mesh fences, other than chain link fences in accordance with Section 305.2.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following: 1. The bottom of the mesh fence shall be not more than 1 inch (25 mm) above the deck or installed surface or grade. 2. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than 4 inches (102 mm) from grade or decking. 3. The fence shall be designed and constructed so that it does not allow passage of a 4-inch (102 mm) sphere under any mesh panel. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall be not greater than 4 inches (102 mm) from grade or decking. 4. An attachment device shall attach each barrier section at a height not lower than 45 inches (1143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide the security equal to or greater than that of a hook -and -eye -type latch incorporating a spring - actuated retaining lever such as a safety gate hook. 5. Where a hinged gate is used with a mesh fence, the gate shall comply with Section 305.3. 6. Patio deck sleeves such as vertical post recepta- cles that are placed inside the patio surface shall be of a nonconductive material. 7. Mesh fences shall not be installed on top of onground residential pools. 305.2.4.1 Setback for mesh fences. The inside of a mesh fence shall be not closer than 20 inches (508 mm) to the nearest edge of the water of a pool or spa. 305.2.5 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 305.2.6 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed 13/4 inches (44 mm). 305.2.7 Chain link dimensions. The maximum opening formed by a chain link fence shall be not more than 13/4 inches (44 mm). Where the fence is provided with slats fastened at the top and bottom that reduce the openings, such openings shall be not greater than 13/4 inches (44 mm). 305.2.8 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm). The angle of diagonal members shall be not greater than 45 degrees (0.79 rad) from vertical. 305.2.9 Clear zone. Where equipment, including pool equipment such as pumps, filters and heaters, is on the same lot as a pool or spa and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier. 305.3 Doors and gates. Doors and gates in barriers shall comply with the requirements of Sections 305.3.1 through 305.3.3 and shall be equipped to accommodate a locking device. Pedestrian access doors and gates shall open outward away from the pool or spa, shall be self -closing and shall have a self -latching device. 305.3.1 Utility or service doors and gates. Doors and gates not intended for pedestrian use, such as utility or service doors and gates, shall remain locked when not in use. 305.3.2 Double or multiple doors and gates. Double doors and gates or multiple doors and gates shall have not fewer than one leaf secured in place and the adjacent leaf shall be secured with a self -latching device. 305.3.3 Latch release. For doors and gates in barriers, the door and gate latch release mechanisms shall be in accordance with the following: 1. Where door and gate latch release mechanisms are accessed from the outside of the barrier and are not of the self-locking type, such mechanism shall be located above the finished floor or ground surface in accordance with the following: 1.1. At public pools and spas, not less than 52 inches (1219 mm) and not greater than 54 inches (1372 mm). 1.2. At residential pools and spas, not less 54 inches (1372 mm). 2. Where door and gate latch release mechanisms are of the self-locking type such as where the lock is operated by means of a key, an electronic opener or the entry of a combination into an integral combination lock, the lock operation control and 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 3-3 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) &I-255ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 the latch release mechanism shall be located above the finished floor or ground surface in accordance with the following: 2. L At public pools and spas, not less than 34 inches and not greater than 48 inches (1219 mm). 2.2. At residential pools and spas, at not greater than 54 inches (1372 mm). 3. At private pools, where the only latch release mechanism of a self -latching device for a gate is located on the pool and spa side of the barrier, the release mechanism shall be located at a point that is at least 3 inches (76 mm) below the top of the gate. 305.3.4 Barriers adjacent to latch release mechanisms. Where a latch release mechanism is located on the inside of a barrier, openings in the door, gate and barrier within 18 inches (457 mm) of the latch shall not be greater than l/2 inch (12.7 mm) in any dimension. 305.4 Structure wall as a barrier. Where a wall of a dwell- ing or structure serves as part of the barrier and where doors, gates or windows provide direct access to the pool or spa through that wall, one of the following shall be required: 1. Operable windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor, doors and gates 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 accor- dance with UL 2017. 2. In dwellings not required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located at not less than 54 inches (1372 mm) above the finished floor. 3. In dwellings that are required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. 4. In structures other than dwellings, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1220 mm) above the finished floor. 5. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas. 6. An approved means of protection, such as self -clos- ing doors with self -latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 2. 305.5 Onground residential pool structure as a barrier. An onground residential pool wall structure or a barrier mounted on top of an onground residential pool wall struc- ture shall serve as a barrier where all of the following conditions are present: 1. 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 48 inches (1219 mm) 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 48 inches (1219 mm) 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. 3. Ladders or steps used as means of access to the pool are capable of being secured, locked or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the requirements of Section 305. 4. Openings created by the securing, locking or removal of ladders and steps do not allow the passage of a 4- inch (102 mm) diameter sphere. 5. Barriers that are mounted on top of onground resi- dential pool walls are installed in accordance with the pool manufacturer's instructions. 305.6 Natural barriers. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge not less than 18 inches (457 mm), a barrier is not required between the natural body of water shoreline and the pool or spa. 305.7 Natural topography. Natural topography that prevents direct access to the pool or spa area shall include but not be limited to mountains and natural rock formations. A natural barrier approved by the governing body shall be acceptable provided that the degree of protection is not less than the protection afforded by the requirements of Sections 305.2 through 305.5. 305.8 Means of egress. Outdoor public pools provided with barriers shall have means of egress as required by Chapter 10 of the International Building Code. SECTION 306 DECKS 306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the International Residential Code or the International Building Code, as applicable in accordance with Section 102.7 and this section. 306.2 Slip resistant. Decks, ramps, coping, and similar step surfaces shall be slip resistant and cleanable. Special features in or on decks such as markers, brand insignias, and similar materials shall be slip resistant. 306.3 Step risers and treads. Step risers for decks of public pools and spas shall be uniform and have a height not less than 3% inches (95 mm) and not greater than V/2 inches (191 mm). The tread distance from front to back shall be not less than 11 inches (279 mm). Step risers for decks of resi- dential pools and spas shall be uniform and shall have a height not exceeding V/2 inches (191 mm). The tread 3-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2r1 25ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE distance from front to back shall be not less than 10 inches (254 mm). 306.4 Deck steps handrail required. Public pool and spa deck steps having three or more risers shall be provided with a handrail. 306.5 Slope. The minimum slope of decks shall be in accor- dance with Table 306.5 except where an alternative drainage method is provided that prevents the accumulation or pool- ing of water. The slope for decks, other than wood decks, shall be not greater than inch per foot (1 mm per 24 mm) except for ramps. The slope for wood and wood/plastic composite decks shall be not greater than '/4 inch per 1 foot (1 mm per 48 mm). Decks shall be sloped so that standing water will not be deeper than '/$ inch (3.2 mm), 20 minutes after the cessation of the addition of water to the deck. TABLE 306.5 MINIMUM DRAINAGE SLOPES FOR DECK SURFACES SURFACE MINIMUM DRAINAGE SLOPE (INCH PER FOOT) Carpet ' /, Exposed aggregate 1/4 Textured, hand -finished concrete '/g Travertine/brick-set pavers, public pools or spas 3/ g Travertine/brick-set pavers, residential pools or spas / $ Wood I/g Wood/plastic composite '/g For SI: I inch = 25.4 mm, I foot = 304.8 mm. 306.6 Gaps. Gaps shall be provided between deck boards in wood and wood/plastic composite decks. Gaps shall be consistent with approved engineering methods with respect to the type of wood used and shall not cause a tripping hazard. 306.6.1 Maximum gap. The open gap between pool decks and adjoining decks or walkways, including joint material, shall be not greater than 3/4 inch (19.1 mm). The difference in vertical elevation between the pool deck and the adjoining sidewalk shall be not greater than '/4 inch (6.4 mm). 306.7 Concrete joints. Isolation joints that occur where the pool coping meets the concrete deck shall be water tight. 306.7.1 Joints at coping. Joints that occur where the pool coping meets the concrete deck shall be installed to protect the coping and its mortar bed from damage as a result of the anticipated movement of adjoining deck. 306.7.2 Crack control. Joints in a deck shall be provided to minimize visible cracks outside of the control joints caused by imposed stresses or movement of the slab. 306.7.3 Movement control. Areas where decks join existing concrete work shall be provided with a joint to protect the pool from damage caused by relative movement. 306.8 Deck edges. The edges of decks shall be radiused, tapered, or otherwise designed to eliminate sharp corners. 306.9 Valves under decks. Valves installed in or under decks shall be accessible for operation, service, and mainte- nance. Where access through the deck walking surface is required, an access cover shall be provided for the opening in the deck. Such access covers shall be slip resistant and secured. 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the International Plumbing Code or International Residential Code, as applicable in accor- dance with Section 102.7.1, and shall be located not greater than 150 feet (45 720 mm) apart. Water -powered devices, such as water -powered lifts, shall have a dedi- cated hose bibb water source. Exception: Residential pools and spas shall not be required to have hose bibbs located at 150-foot (45 720 mm) intervals, or have a dedicated hose bibb for waterpowered devices. SECTION 307 GENERAL DESIGN 307.1 General design requirements. Sections 307.1.1 through 307.1.4 shall apply to all pools and spas. 307.1.1 Glazing in hazardous locations. Hazardous locations for glazing shall be as defined in the Interna- tional Building Code or the International Residential Code, as applicable in accordance with Section 102.7.1 of this code. Where glazing is determined to be in a hazard- ous location, the requirements for the glazing shall be in accordance with those codes, as applicable. 307.1.2 Colors and finishes. For other than residential pools and residential spas, the colors, patterns, or finishes of the pool and spa interiors shall not obscure objects or surfaces within the pool or spa. 307.1.2.1 Munsell color value. Finishes shall be not less than 6.5 on the Munsell color value scale. Exceptions: The following shall not be required to comply with this section: 1. Competitive lane markings. 2. Floors of dedicated competitive diving wells. 3. Step or bench edge markings. 4. Pools shallower than 24 inches (609.6 mm). 5. Water line tiles. 6. Wave and surf pool depth change indicator tiles. 7. Depth change indicator tiles where a rope and float line is provided. 8. Features such as rock formations, as approved. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 3-5 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2r1- nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas shall be in accordance with the International Building Code or International Residential Code, as applicable in accordance with Section 102.7.1 and shall be constructed so as to prevent water runoff into the pool or spa. 307.1.4 Accessibility. An accessible route to public pools and spas shall be provided in accordance with the Inter- national Building Code. Accessibility within public pools and spas shall be provided as required by the accessible recreational facilities provisions of the International Building Code. Pool and spa lifts providing an accessible means of entry into the water shall be listed and labeled in accordance with UL 60335-2-1000 and be installed in accordance with ICC A117.1 and NFPA 70. 307.2 Specific design and material requirements. Sections 307.2.1 through 307.2.4 shall apply to all pools and spas except for listed and labeled portable residential spas, and listed and labeled portable residential exercise spas. 307.2.1 Materials. Pools and spas and appurtenances thereto shall be constructed of materials that are nontoxic to humans and the environment; that are generally or commonly regarded to be impervious and enduring; that will withstand the design stresses; and that will provide a watertight structure with a smooth and easily cleanable surface without cracks or joints, excluding structural joints, or that will provide a watertight structure to which a smooth, easily cleaned surface/finish is applied or attached. Material surfaces that come in contact with the user shall be finished, so that they do not constitute a cutting, pinching, puncturing or abrasion hazard under casual contact and intended use. 307.2.1.1 Beach pools. Clean sand or similar material, where used in a beach pool environment, shall be used over an impervious surface. The sand area shall be designed and controlled so that the circulation system, maintenance, safety, sanitation, and operation of the pool are not adversely affected. 307.2.1.2 Compatibility. Assemblies of different materials shall be chemically and mechanically compatible for their intended use and environment. 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 International Building Code or the International Residential Code, as applicable in accordance with Section 102.7.1 of this code. 307.2.2.1 Installation. Equipment for pools and spas shall be supported to prevent damage from misalign- ment and settling and located so as to allow access for inspection, servicing, removal and repair of compo- nent parts. 307.2.3 Freeze protection. In climates subject to freezing temperatures, outdoor pool and spa shells and appurte- nances, piping, filter systems, pumps and motors, and other components shall be designed and constructed to provide protection from damage from freezing. 307.2.4 Surface condition. The surfaces within public pools and spas intended to provide footing for users shall be slip resistant and shall not cause injury during normal use. 307.2.5 Plaster. The plastering of pools and permanently installed concrete spas shall be in accordance with APSP/NPC/ICC-12. SECTION 308 DIMENSIONAL DESIGN 308.1 Floor slope. The slope of the floor from the point of the first slope change to the deep area shall not exceed one unit vertical in three units horizontal (33-percent slope). Exception: Portable residential spas and portable resi- dential exercise spas. 308.2 Walls. Walls shall intersect with the floor at an angle or a transition profile. Where a transitional profile is provided at water depths of 3 feet (914 mm) or less, a transi- tional radius shall not exceed 6 inches (152 mm) and shall be tangent to the wall and is permitted to be tangent to or inter- sect the floor. Exceptions: 1. Portable residential spas and portable residential exercise spas. 2. Onground storable pools. 308.3 Shape. This code is not intended to regulate the shape of a pool or spa other than to take into account the effect that a given shape will have on the safety of the occupants and to maintain the minimum required level of circulation to ensure sanitation. 308.4 Waterline. The design waterline shall have a maxi- mum construction tolerance at the time of completion of the work of plus or minus '/4 inch (6.4 mm) for pools and spas with adjustable weir surface skimming systems, and plus or minus '/g inch (3.2 mm) for pools and spas with nonadjust- able surface skimming systems. TABLE 307.2.2 RESERVOIRS AND SHELLS MATERIAL STANDARD Fiberglass reinforced plastic IAPMO Z124.7 Plastic IAPMO Z124.7 Stainless steel (Types 316, 316L, 304, 304L) ASTM A240 Tile ANSI A108/A118/A136.1 Vinyl ASTM D1593 3-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-2mr-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE SECTION 309 EQUIPMENT 309.1 Electrically operated equipment. Electrically oper- ated equipment shall be listed and labeled in accordance with applicable product standards. Exception: Portable residential spas and portable resi- dential exercise spas listed and labeled in accordance with UL 1563 or CSA C22.2 No. 218.1. 309.2 Treatment and circulation system equipment. Treatment and circulation system equipment for public pools and spas shall be listed and labeled in accordance with NSF 50 and other applicable standards. SECTION 310 SUCTION ENTRAPMENT AVOIDANCE 310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with APSP 7 (ANSI/PHTA/ICC 7). Exceptions: 1. Portable spas and portable exercise spas listed and labeled in accordance with UL 1563 or CSA C22.2 No. 218.1. 2. Suction entrapment avoidance for wading pools shall be provided in accordance with Section 405. SECTION 311 CIRCULATION SYSTEMS 311.1 General. The provisions of this section shall apply to circulation systems for pools and spas. Exceptions: 1. Portable residential spas and portable residential exercise spas. 2. Onground storable pools supplied by the pool manufacturer as a kit that includes circulation system equipment that is in accordance with Section 704. 311.2.1 Turnover rate. The equipment shall be sized to turn over the volume of water that the pool or spa is capa- ble of containing as specified in this code for the specific installation. 311.2.2 Servicing. Circulation system components that require replacement or servicing shall be provided with access for inspection, repair, or replacement and shall be installed in accordance with the manufacturer's specifications. 311.2.3 Equipment anchorage. Pool and spa equipment and related piping shall be designed and installed in accordance with the manufacturer's instructions. 311.3 Water velocity. The water velocity in suction and return piping shall comply with either Section 311.3.1 or 311.3.2. The water velocity in copper and copper alloy piping shall not exceed 8 fps (2.4 mps). All water velocity calculations shall be based on the design flow rate specified for each recirculation system. 311.3.1 Public pools and spas. For public pools and spas, suction piping water velocity shall not exceed 6 fps (1.8 mps) and return piping water velocity shall not exceed 8 fps (2.4 mps). 311.3.2 Residential pools and spas. For residential pools and spas, the water velocity in suction piping and return piping shall not exceed 8 fps (2.4 mps). 311.4 Piping and fittings. Plastic pipe and fittings used in circulation systems shall be nontoxic and shall be able to withstand the design operating pressures and conditions of the pool or spa. Plastic pipe shall be listed and labeled as complying with NSF 14. Circulation system piping shall be listed and labeled as complying with one of the standards in Table 311.4. 311.4.1 Fittings. Fittings used in circulation systems shall be listed and labeled as complying with one of the stan- dards in Table 311.4.1. Exceptions: 1. Suction outlet fitting assemblies and manufac- turer -provided components certified in accordance with APSP 16. 311.2 System design. A circulation system consisting of 2. Skimmers and manufacturer -provided pumps, piping, return inlets and outlets, filters, and other necessary equipment shall be provided for the complete components. circulation of water. Wading pools and spas shall have sepa- 3. Gutter overflow grates and fittings installed rate dedicated filtering systems. above or outside of the overflow point of the Exception: Separate filtering systems are not required for pool or spa. residential pools and spas. TABLE 311.4 CIRCULATION SYSTEM PIPE MATERIAL STANDARD MATERIAL STANDARD Acrylonitrile butadiene styrene (ABS) plastic pipe ASTM D1527 Chlorinated polyvinyl chloride (CPVC) plastic pipe and tubing ASTM D2846; CSA B 137.6 Copper or copper -alloy tubing ASTM B88; ASTM B447 Polyvinyl chloride (PVC) hose ASTM D1785; ASTM D2241; ASTM D2672; CSA B137.3 Polyvinyl chloride (PVC) plastic pipe ASTM D1785; CSA 13137.3 Stainless steel pipe, Types 304, 304L, 316, 316L ASTM A312 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 3-7 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) &I-25gense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 TABLE 311.4.1 CIRCULATION SYSTEM FITTINGS MATERIAL STANDARD Acrylonitrile butadiene styrene (ABS) plastic pipe ASTM D1527 Chlorinated polyvinyl chloride (CPVC) plastic pipe and tubing ASTM D2846; ASTM F437; ASTM F438; ASTM F439; CSA B137.6 Copper or copper -alloy tubing ASME B16.15 Polyvinyl chloride (PVC) plastic pipe ASTM D2464; ASTM D2466; ASTM D2467; CSA B137.2; CSA B137.3 Stainless steel pipe, Types 304, 304L, 316, 316L ASTM A182; ASTM A403 311.4.2 Joints. Joints shall be made in accordance with manufacturer's instructions. 311.4.3 Piping subject to freezing. Piping subject to damage by freezing shall have a uniform slope in one direction and shall be equipped with valves for drainage or shall be capable of being evacuated to remove the water. 311.4.4 Suction outlet fitting assemblies. Suction outlet fitting assemblies shall be listed and labeled in compli- ance with APSP 16. 311.5 System draining. Equipment shall be designed and fabricated to drain the water from the equipment, together with exposed face piping, by removal of drain plugs, manip- ulating valves, or by other methods. Drainage shall be in accordance with manufacturer's specifications. 311.6 Pressure or vacuum gauge. Gauges shall be provided on the circulation system for public pools. Gauges shall be provided with ready access. 1. A pressure gauge shall be located downstream of the pump and between the pump and filter. 2. A vacuum gauge shall be located between the pump and filter and upstream of the pump. 311.7 Flow measurement. Public swimming pools and wading pools shall be equipped with a flow -measuring device that indicates the rate of flow through the filter system. The flow rate measuring device shall indicate gallons per minute (lpm) and shall be selected and installed to be accurate within plus or minus 10 percent of actual flow. 311.8 Instructions. Written operation and maintenance instructions shall be provided for the circulation system of public pools. 311.9 Hydrostatic pressure test. Circulation system piping, other than that integrally included in the manufacture of the pool or spa, shall be subjected to a hydrostatic pressure test of 25 pounds per square inch (psi) (172.4 kPa). This pressure shall be held for not less than 15 minutes. SECTION 312 FILTERS 312.1 General. The provisions of this section apply to filters for pools and spas. Exceptions: 1. Portable residential spas and portable residential exercise spas. 2. Onground storable pools supplied by the pool manufacturer as a kit that includes a filter that is in accordance with Section 704. 312.2 Design. Filters shall have a flow rating equal to or greater than the design flow rate of the system. Filters shall be installed in accordance with the manufacturer's instruc- tions. Filters shall be designed so that filtration surfaces can be inspected and serviced. 312.3 Internal pressure. For pressure -type filters, a means shall be provided to allow the release of internal pressure. 312.3.1 Air release. Filters incorporating an automatic means of internal air release as the principal means of air release shall have one or more lids that provide a slow and safe release of pressure as a part of the design and shall have a manual air release in addition to an automatic release. 312.3.2 Separation tanks. A separation tank used in conjunction with a filter tank shall have a manual method of air release or a lid that provides for a slow and safe release of pressure as it is opened. SECTION 313 PUMPS AND MOTORS 313.1 General. The provisions of this section apply to pumps and motors for pools and spas. Exceptions: 1. Portable residential spas and portable residential exercise spas. 2. Onground storable pools supplied by the pool manufacturer as a kit that includes a pump and motor that is in accordance with Section 704. 313.2 Performance. A pump shall be provided for circula- tion of the pool water. The pump shall be capable of providing the flow required for filtering the pool water and filter cleaning, if applicable, against the total dynamic head developed by the complete system. 313.3 Intake protection. A cleanable strainer, skimmer basket, or screen shall be provided for pools and spas, upstream or as an integral part of circulation pumps, to remove solids, debris, hair, and lint on pressure filter systems. 313.4 Location. Pumps and motors shall be accessible for inspection and service in accordance with the manufacturer's specifications. 3-8 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-24w se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 313.5 Safety. The design, construction, and installation of pumps and component parts shall be in accordance with the manufacturer's specifications. 313.6 Isolation valves. Shutoff valves shall be installed on the suction and discharge sides of pumps that are located below the waterline. Such valves shall be provided with access. 313.7 Emergency shutoff switch. An emergency shutoff switch shall be provided to disconnect power to recirculation and jet system pumps and air blowers. Emergency shutoff switches shall be: provided with access; located within sight of the pool or spa; and located not less than 5 feet (1524 mm) horizontally from the inside walls of the pool or spa. Exception: Onground storable pools, permanent inground residential swimming pools, residential spas and residential water features. 313.8 Motor performance. Motors shall comply with UL 1004-1, UL 1081, CSA C22.2 No. 108 or the relevant motor requirements of UL 1563 or CSA C22.2 No. 218.1, as applicable. SECTION 314 RETURN AND SUCTION FITTINGS 314.1 General. The provisions of this section apply to return and suction fittings for pools and spas Exception: Portable residential spas and portable resi- dential exercise spas. 314.2 Entrapment avoidance. Entrapment avoidance means shall be provided in accordance with Section 310. 314.3 Flow distribution. The suction outlet fitting assem- blies, where installed, and the skimming systems shall each be designed to accommodate 100 percent of the circulation turnover rate. 314.3.1 Multiple systems. Where multiple systems are used in a single pool to meet this requirement, each subsystem shall proportionately be designed such that the maximum design flow rates cannot be exceeded during normal operation. 314.4 Return inlets. One return inlet shall be provided for every 300 square feet (27.9 m2) of pool surface area, or frac- tion thereof. Exception: Onground storable pools. 314.4.1 Design. Return and suction fittings for the circu- lation system shall be designed so as not to constitute a hazard to the bather. 314.5 Vacuum fittings. Where installed, submerged vacuum fittings shall be accessible and shall be located not greater than 12 inches (305 mm) below the water level. SECTION 315 SKIMMERS 315.1 General. The provisions of this section apply to skim- mers for pools and spas. Exceptions: 1. Portable residential spas and portable residential exercise spas. 2. Onground storable pools supplied by the pool manufacturer as a kit that includes a skimming system that is in accordance with Section 704. 315.2 Required. A surface skimming system shall be provided for public pools and spas. Surface skimming systems shall be listed and labeled in accordance with NSF 50. Either a surface skimming system or perimeter overflow system shall be provided for permanent inground residential pools and permanent residential spas. Where installed, surface skimming systems shall be designed and constructed to create a skimming action on the pool water surface when the water level in the pool is within operational parameters. Exceptions: 1. Class D public pools designed in accordance with Chapter 6. 2. Skimmers that are an integral part of a spa that has been listed and labeled in accordance with UL1563 shall not be required to be listed and labeled in accordance with NSF 50. 315.2.1 Circulation systems. Public pool circulation systems shall be designed to process not less than 100 percent of the turnover rate through skimmers. 315.3 Skimmer sizing. Where automatic surface skimmers are used as the sole overflow system, not less than one surface skimmer shall be provided for the square foot (square meter) areas, or fractions thereof, indicated in Table 315.3. Skimmers shall be located to maintain effective skim- ming action. TABLE 315.3 SKIMMER SIZING TABLE POOL OR SPA AREA PER SKIMMER (SQ. FT) Public pool 500 Residential pool 800 Spas (all types) 150 For SI: 1 square foot = 0.0929 m2. 315.4 Perimeter coverage. Where a perimeter -type surface skimming system is used as the sole surface skimming system, the system shall extend around not less than 50 percent of the pool or spa perimeter. 315.4.1 Surge capacity. Where perimeter surface skim- ming systems are used, they shall be connected to a 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 3-9 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24- tense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 GENERAL COMPLIANCE circulation system with a system surge capacity of not less than 1 gallon for each square foot (40.7 liters per square meter) of water surface. The capacity of the perim- eter overflow system and related piping is permitted to be considered as a portion of the surge capacity. 315.5 Equalizers. Equalizers on skimmers shall be prohibited. 315.6 Hazard. Skimming devices shall be designed and installed so as not to create a hazard to the user. SECTION 316 HEATERS 316.1 General. The provisions of this section apply to heat- ers for pools and spas. Exception: Portable residential spas and portable resi- dential exercise spas. 316.2 Certification. Heaters and hot water storage tanks shall be listed and labeled in accordance with the applicable standard indicated in Table 316.2(1). Hot water heating systems and components shall comply with the applicable standard indicated in Table 316.2(2). 316.3 Sizing. Heaters shall be sized in accordance with the manufacturer's specifications. 316.4 Installation. Heaters shall be installed in accordance with the manufacturer's specifications and the International Fuel Gas Code, International Mechanical Code, Interna- tional Energy Conservation Code, NFPA 70 or International Residential Code, as applicable in accordance with Section 102.7.1. Solar water heating systems shall be installed in accordance with Section 316.6. 316.4.1 Temperature. A means shall be provided to monitor water temperature. 316.4.2 Access prohibited. For public pools and spas, public access to controls shall be prohibited. 316.5 Heater circulation system. Heater circulation systems shall comply with Sections 316.5.1 and 316.5.2. 316.5.1 Water flow. Water flow through the heater bypass piping, back-siphonage protection, and the use of heat sinks shall be in accordance with the heater manufac- turer's specifications. 316.5.2 Pump delay. Where required by the manufac- turer, heaters shall be installed with an automatic device that will ensure that the pump continues to run after the heater shuts off for the time period specified by the manufacturer. 316.6 Solar thermal water heaters. Solar thermal water I heating systems utilized for pools and spas shall comply with Sections 316.6.1 through 316.6.3. 316.6.1 Installation. Solar thermal water heaters shall be installed in accordance with the International Mechanical Code or International Residential Code, as applicable in accordance with Section 102.7.1. 316.6.2 Certification of collectors. Solar thermal collec- tors shall be listed and labeled in accordance with ICC 901/SRCC 100. 316.6.3 Marking of collectors and modules. Solar ther- mal collectors and photovoltaic modules shall be permanently marked with the manufacturer's name, model number, and serial number. Such markings shall be located on each collector in a position that is readily viewable after installation. SECTION 317 AIR BLOWER AND AIR INDUCTION SYSTEM 317.1 General. This section applies to devices and systems that induce or allow air to enter Class A and residential pools and spas either by means of a powered pump or passive design. 317.2 Backflow prevention. Air blower systems shall be equipped with backflow protection as specified in UL 1563 or CSA C22.2 No. 218.1. 317.3 Air intake source. Air intake sources shall not induce water, dirt or contaminants. 317.4 Sizing. Air induction systems shall be sized in accor- dance with the manufacturer's specifications. 317.5 Inspection and service. Air blowers shall be provided with access for inspection and service. TABLE 316.2(1) WATER HEATERS DEVICE STANDARD Electric water heater UL 1261, UL 1563 or CSA C22.2 No. 218.1 Gas -fired water heater ANSI Z21.56/CSA 4.7a Heat exchanger AHRI 400 Heat pump water heater AHRI 1160 and one of the following: CSA C22.2 No. 236, UL 1995, or UL/CSA 60335-2-40 TABLE 316.2(2) WATER HEATING SYSTEMS AND COMPONENTS SYSTEM STANDARD Solar water heater ICC/APSP 902/SRCC 400 3-10 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-262ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE SECTION 318 WATER SUPPLY 318.1 Makeup water. Makeup water to maintain the water level and water used as a vehicle for sanitizers or other chemicals, for pump priming, or for other such additions, shall be from a potable water source. 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 connec- tions to the system. Means of protection against backflow in the potable water supply shall be provided through an air gap complying with ASME Al 12.1.2 or by a backflow preven- tion assembly in accordance with the International Residential Code or the International Plumbing Code, as applicable in accordance with Section 102.7.1. 318.3 Over -the -rim spouts. Over -the -rim spouts shall be located under a diving board, adjacent to a ladder, or other- wise shielded so as not to create a hazard. The open end of such spouts shall not have sharp edges and shall not protrude more than 2 inches (51 mm) beyond the edge of the pool. The open end shall be separated from the water by an air gap of not less than 1.5 pipe diameters measured from the pipe outlet to the rim. SECTION 319 SANITIZING EQUIPMENT 319.1 Equipment standards. Sanitizing equipment installed in public pools and spas shall be capable of introducing the quantity of sanitizer necessary to maintain the appropriate levels under all conditions of intended use. 319.2 Chemical feeders. Where installed, chemical feed systems shall be installed in accordance with the manufac- turer's specifications. Chemical feed pumps shall be wired so that they cannot operate unless there is adequate return flow to disburse the chemical throughout the pool or spa as designed. SECTION 320 WASTEWATER DISPOSAL 320.1 Backwash water or draining water. Backwash water and draining water shall be discharged to the sanitary or storm sewer, or into an approved disposal system on the premise, or shall be disposed of by other means approved by the state or local authority. Direct connections shall not be made between the end of the backwash line and the disposal system. Drains shall discharge through an air gap. 320.2 Water salvage. Filter backwash water shall not be returned to the vessel except where the backwash water has been filtered to remove particulates, treated to eliminate coli form bacteria and waterborne pathogens, and such return has been approved by the state or local authority. 320.3 Waste post treatment. Where necessary, filter back- wash water and drainage water shall be treated chemically or through the use of settling tanks to eliminate or neutralize chemicals, diatomaceous earth, and contaminants in the water that exceed the limits set by the state or local effluent discharge requirements. SECTION 321 LIGHTING 321.1 General. The provisions of Sections 321.2 and 321.3 shall apply to lighting for public pools and spas. The provi- sions of Section 321.4 shall apply to lighting for residential pools and spas. 321.2 Artificial lighting required. When a pool is open during periods of low natural illumination, artificial lighting shall be provided so that all areas of the pool, including all suction outlets on the bottom of the pool, will be visible. Illu- mination shall be sufficient to enable a lifeguard or other persons standing on the deck or sitting on a lifeguard stand adjacent to the pool edge to determine if a pool user is lying on the bottom of the pool and that the pool water is transpar- ent and free from cloudiness. These two conditions shall be met when all suction outlets are visible from the edge of the deck at all times when artificial lighting is illuminated and when an 8-inch-diameter (152 mm) black disk, placed at the bottom of the pool in the deepest point, is visible from the edge of the pool deck at all times when artificial lighting is illuminated. 321.2.1 Pool and deck illumination. Overhead lighting, underwater lighting or both shall be provided to illumi- nate the pool and adjacent deck areas. The lighting shall be listed and labeled. The lighting shall be installed in accordance with NFPA 70. 321.2.2 Illumination intensity. For outdoor pools, any combination of overhead and underwater lighting shall provide maintained illumination not less than 10 horizon- tal foot-candles (10 lumens per square foot) [108 lux] at the pool water surface. For indoor pools, any combination of overhead and underwater lighting shall provide main- tained illumination of not less than 30 horizontal foot- candles (30 lumens per square foot) [323 lux] at the pool water surface. Deck area lighting for both indoor and outdoor pools shall provide maintained illumination of not less than 10 horizontal foot-candles (10 lumens per square foot) [108 lux] at the walking surface of the deck. 321.2.3 Underwater lighting. Underwater lighting shall provide not less than 8 lamp lumens per square foot of I pool water surface area. Exception: The requirement of this section shall not apply where overhead lighting provides not less than 15 foot-candles (15 lumens per square foot) [161 lux] of maintained illumination at the pool water surface, the overhead lighting provides visibility, without glare, of all areas of the pool, and the requirements of Section 321.2.2 are met or exceeded. 321.3 Emergency illumination. Public pools and public pool areas that operate during periods of low illumination shall be provided with emergency lighting that will automat- 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 3-11 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) i' 4-Mense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 GENERAL COMPLIANCE ically turn on to permit evacuation of the pool and securing of the area in the event of power failure. Emergency lighting facilities shall be arranged to provide initial illumination that is not less than 0.1 foot-candle (0.1 lumen per square foot) [1 lux] measured at any point on the water surface and at any point on the walking surface of the deck, and not less than an average of 1 foot-candle (1 lumen per square foot) [11 lux]. At the end of the emergency lighting time duration, the illu- mination level shall be not less than 0.06 foot-candle (0.06 lumen per square foot) [0.65 lux] measured at any point on the water surface and at any point on the walking surface of the deck, and not less than an average of 0.6 foot-candle (0.6 lumen per square foot) [6.46 lux]. A maximum -to -minimum illumination uniformity ratio of 40 to 1 shall not be exceeded. 321.4 Residential pool and deck illumination. Where lighting is installed for, and in, residential pools and perma- nent residential spas, such lighting shall be installed in accordance with NFPA 70 or the International Residential Code, as applicable in accordance with Section 102.7.1. SECTION 322 LADDERS AND RECESSED TREADS 322.1 General. Ladders and recessed treads shall comply with the provisions of this section and the applicable provi- sions of Chapters 4 through 10 based on the type of pool or spa. 322.2 Outside diving envelope. Where installed, steps and ladders shall be located outside of the minimum diving water envelope as indicated in Figure 322.2. 322.3 Ladders. Ladder treads shall have a uniform horizon- tal depth of not less than 2 inches (51 mm). There shall be a uniform distance between ladder treads, with a distance of not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The top tread of a ladder shall be located not greater than 12 inches (305 mm) below the top of the deck or coping. Ladder treads shall have slip -resistant surfaces. 322.3.1 Wall clearance. There shall be a clearance of not less than 3 inches (76 mm) and not greater than 4 inches I (101.6 mm) between the pool wall and the ladder. 322.3.2 Handrails and handholds. Ladders shall be provided with two handholds or two handrails. The clear distance between ladder handrails shall be not less than 17 inches (432 mm) and not greater than 24 inches (610 mm). 322.4 Recessed treads. Recessed treads shall have a mini- mum depth of not less than 5 inches (127 mm) and a width of not less than 12 inches (305 mm). The vertical distance between the pool coping edge, deck, or step surface and the uppermost recessed tread shall be not greater than 12 inches (305 mm). Recessed treads shall have slip -resistant surfaces. 322.4.1 Vertical spacing. Recessed treads at the center- line shall have a uniform vertical spacing of not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). 322.4.2 Drainage. Recessed treads shall drain into the pool. 322.4.3 Handrails and grab rails. Recessed treads shall be provided with a handrail or grab rail on each side of the treads. The clear distance between handrails and grab rails shall be not less than 17 inches (432 mm) and not greater than 24 inches (610 mm). SECTION 323 SAFETY 323.1 Handholds required. Where the depth below the design waterline of a pool or spa exceeds 42 inches (1067 mm), handholds along the perimeter shall be provided. Handholds shall be located at the top of deck or coping. Exceptions: 1. Handholds shall not be required where an under- water bench, seat or swimout is installed. 2. Handholds shall not be required for wave action pools and action rivers. LADDER/ RECESSED TREADS POOL WALL r UNDERWATER SEAT NSLOPED ENTRY OR SWIMOUT BENCH NO INTRUSIONS _ STATIONARY IN DIVING ENVELOPE DECK DIVING PLATFORM AND ROCKS MECHANICAL LIFT LADDER UNDERWATER SEAT POOL WALL STAIRS WITH SEAT SIDE OR DEEP END STEP FIGURE 322.2 MINIMUM WATER DIVING ENVELOPE 3-12 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-2"nse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 323.1.1 Height above water. Handholds shall be located not more than 12 inches (305 mm) above the design waterline. 323.1.2 Handhold type. Handholds shall be one or more of the following: 1. Top of pool deck or coping. 2. Secured rope. 3. Rail. 4. Rock. 5. Ledge. 6. Ladder. 7. Stair step. 8. Any design that allows holding on with one hand while at the side of the pool. 323.1.3 Handhold spacing. Handholds shall be horizon- tally spaced not greater than 4 feet (1219 mm) apart. 323.2 Handrails. Where handrails are installed, they shall conform to this section. 323.2.1 Height. The top of the gripping surface of hand- rails for public pools and public spas shall be 34 inches (864 mm) to 38 inches (965 mm) above the ramp or step surface as measured at the nosing of the step or finished surface of the slope. The top of the gripping surface of handrails for residential pools and residential spas shall be 30 inches (762 mm) to 38 inches (965 mm) above the ramp or step surface as measured at the nosing of the step or finished surface of the slope. 323.2.2 Material. Handrails shall be made of corrosion - resistant materials. 323.2.3 Nonremovable. Handrails shall be installed so that they cannot be removed without the use of tools. 323.2.4 Leading edge distance. The leading edge of handrails for stairs, pool entries and exits shall be located not greater than 18 inches (457 mm) from the vertical face of the bottom riser. 323.2.5 Diameter. The outside diameter or width of handrails shall be not less than V/4 inches (32 mm) and not greater than 2 inches (51 mm). 323.3 Obstructions and entrapment avoidance. There shall not be obstructions that can cause the user to be entrapped or injured. Types of entrapment include, but are not limited to, wedge or pinch -type openings and rigid, nongiving cantilevered protrusions. SECTION 324 EQUIPMENT ROOMS 324.1 General. The provisions of this section apply to public pools and spas and aquatic recreation facilities. 324.2 Requirements. The equipment area or room floor shall be of concrete or other suitable material having a smooth slip -resistant finish and have positive drainage, including a sump drain pump, if necessary. Floors shall have a slope toward the floor drain or sump drain pump adequate to prevent standing water at all times. The opening to the equipment room or area shall be designed to provide access for all anticipated equipment. At least one hose bibb with backflow preventer shall be located in the equipment room or be accessible within an adequate distance of the equip- ment room so that a hose can service the entire room. 324.3 Construction. The size of the equipment room or area shall provide working space to perform routine operations and equipment service. Equipment rooms also intended for storage shall have adequate space provided for such storage, without reducing the working spaces. Equipment rooms or areas shall be lighted to provide 30 foot-candles (323 lux) of illumination at floor level. 324.4 Electrical. All electrical wiring shall be installed in accordance with NFPA 70. 324.5 Ventilation. Equipment room ventilation shall address all of the following: 1. Combustion requirements. 2. Heat dissipation from equipment. 3. Humidity from surge or balance tanks. 4. Ventilation to the outside. 5. Air quality. 324.6 Markings. All piping in the equipment room shall be permanently identified by its use and the pool or spa it serves. Identification shall be provided for all of the following: 1. Main drains and skimmer lines. 2. Filtered water. 3. Make-up water 4. Chlorine (or disinfection) feeds. 5. Acid (or pH) feeds. 6. Compressed air lines. 7. Gutter lines. 8. Chemical sample piping. 9. Pool heating lines. All piping shall be marked with directional arrows as necessary to determine flow direction and all valves shall be clearly identified by number with a brass tag, plastic lami- nate tag or permanently affixed alternative. Valves shall be described as to their function and referenced in the operating instruction manual. 324.7 Separation from chemical storage spaces. Combus- tion equipment, air -handling equipment, and electrical equipment shall not be exposed to air contaminated with corrosive chemical fumes or vapors. Spaces containing combustion equipment, air -handling equipment or electrical equipment and spaces sharing air distribution with spaces containing such equipment shall not be used as chemical storage spaces at the same time unless the equipment is listed and labeled for use in that atmosphere. Spaces containing combustion equipment, air -handling equipment, or electrical equipment and spaces sharing air distribution with spaces containing such equipment shall be isolated from chemical storage space air. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 3-13 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Reach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) &I-24Wnse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 324.7.1 Doors and openings. A door or doors shall not be installed in a wall between such equipment rooms and an interior chemical storage space. There shall be no ducts, grilles, pass-throughs, or other openings connect- ing such equipment rooms to chemical storage spaces, except as permitted by the International Fire Code. Spaces containing combustion equipment, air - handling equipment, or electrical equipment and spaces sharing air distribution with spaces containing such equipment shall be isolated from indoor aquatic facility air unless the equipment is listed for the atmosphere. There shall be no ducts, grilles, pass-throughs, or other openings connecting such spaces to an indoor aquatic facility. Ducts that connect the indoor aquatic facility to the duct connections of air handlers shall not be construed as connecting the air -handler space to the indoor aquatic facility unless HVAC equipment is rated for indoor aquatic facility atmosphere and serves only that indoor aquatic facility. Where building construction leaves any openings or gaps between floors and walls, or between walls and other walls, or between walls and ceilings, such gaps shall be permanently sealed against air leakage. 324.7.2 Indoor aquatic facility access. Where a door or doors are installed in a wall between an equipment room and an indoor aquatic facility, the floor of the equipment room shall slope back into the equipment room in such a way as to prevent any equipment room spills from running under the door into the indoor aquatic facility. This requirement shall be accomplished by one of the following: 1. A floor all of which is at least 4 inches (102 mm) below the level of the nearest part of the indoor aquatic facility floor. 2. A continuous dike not less than 4 inches (102 mm) high located entirely within the equipment room, which will prevent spills from reaching the indoor aquatic facility floor. 324.7.2.1 Automatic closer and lock. A door between an equipment room and an indoor aquatic facility shall be equipped with an automatic closer and automatic lock. The door, frame, and automatic closer shall be installed so as to ensure that the door closes completely and latches without human assistance. The automatic lock shall require a key or combination to open from the indoor aquatic facility side. The lock shall be designed and installed to be opened by one hand from the inside of the room under all circum- stances, without the use of a key or tool. Such doors shall be equipped with permanent signage warning against unauthorized entry. All sides of such doors shall be equipped with a gasket. The gasket shall be installed to prevent the passage of air, fumes, or vapors when the door is closed. I324.8 Chemical storage space. A least one space dedicated to chemical storage space shall be provided to allow safe storage of pool and spa chemicals. In all chemical storage spaces, an emergency eyewash station shall be provided. The construction of a chemical storage space shall take into account foreseeable hazards and protect the stored materials against tampering, wildfires, unintended exposure to water and the transfer of fumes into any interior space of a building intended for occupation. Any walls, floors, doors, ceilings, and other building surfaces of an interior chemical storage space shall join each other tightly. If chemicals are to be stored outdoors, they shall be stored in a well -ventilated protective area with an installed barrier to prevent unauthorized access. Exterior chemical storage spaces not joined to a wall of a building shall be completely enclosed by fencing that is at least 6 feet high (1829 mm). Fencing shall be equipped with a self -closing and self -latch- ing gate having a permanent locking device. 324.8.1 Chemical storage space doors. All doors open- ing into chemical storage spaces shall be equipped with permanent signage having all of the following: 1. A warning against unauthorized entry. 2. Statement of the expected hazards. 3. Statement of the location of the associated safety data sheet forms. 4. Product chemical hazard NFPA chart. Where a single door is the only means of egress from a chemical storage space, the door shall be equipped with an emergency -egress device. Where a chemical storage space door must open to an interior space, spill contain- ment shall be provided to prevent spilled chemicals from leaving the chemical storage space and the door shall not open to a space containing combustion equipment, air - handling equipment, or electrical equipment. 324.8.1.1 Interior opening doors. Where a chemical storage space door must open to an interior space, such door shall have all of the following requirements: 1. Constructed of corrosion -resistant materials. 2. Equipped with a corrosion -resistant, automatic lock to prevent unauthorized entry. 2.1. Such lock shall require a key or combi- nation to open from the outside into the chemical storage space. 2.2. Such lock shall be designed and installed as to be capable of being opened by one hand from the inside of the chemical storage space without the use of a key or tool. 3. Supported on corrosion -resistant hinges, tracks, or other supports. 4. Equipped with suitable gaskets or seals on the top and all sides to minimize air leakage between the door and the door frame. 5. Equipped with a floor or threshold seal to mini- mize air leakage between the door and the floor or threshold. 3-14 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rlua26&.se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 6. Equipped with an automatic door closer that will completely close the door and latch with- out assistance and against the specified difference in air pressure. 7. Equipped with a limit switch and an alarm that will sound if the door remains open for more than 30 minutes. The alarm shall have a mini- mum output level of 85 dbA at 10 feet (2028 mm). 324.8.2 Interior chemical storage spaces. There shall be no transfer grille, pass -through grille, louver, or other device or opening that will allow air movement from the chemical storage space into any other interior space of a building intended for occupancy or into another chemical storage space. Interior chemical storage spaces that share any build- ing surface with any other interior space shall be equipped with a ventilation system that operates continu- ously and ensures that all air movement is from all other interior space and toward the chemical storage space. Interior chemical storage spaces that share an electrical conduit system with any other interior space shall be equipped with a ventilation system that operates continu- ously and ensures that all air movement is from all other interior spaces and toward the chemical storage space. This pressure difference shall be maintained by a continu- ously operated exhaust system used for no other purpose than to remove air from that one chemical storage space. Where more than one chemical storage space is pres- ent, a separate exhaust system shall be provided for each chemical storage space. The exhaust airflow rate shall be the amount specified in the International Mechanical Code. The function of this exhaust system shall be moni- tored continuously by an audible differential -pressure alarm system that shall sound if the specified differential air pressure is not maintained for a period of 30 minutes. This alarm shall have a minimum output level of 85 dbA at 10 feet (3048 mm) and shall require manual reset to silence it. 324.8.2.1 Air ducts in interior chemical storage spaces. No duct shall allow air movement from the chemical storage space into any other interior space of a building intended for occupation or into any other chemical storage space. Air ducts shall not enter or pass through an interior chemical storage space unless it is a corrosion -resistant duct used for no other purpose than to exhaust air from the chemical storage space. This corrosion -resistant duct must exhaust to the exterior and must end at a point on the exterior of the building, at least 20 feet (6096 mm) from any air intake for breathing air, cool- ing air, or combustion air. A duct used for no other purpose than to supply makeup air to the chemical storage area shall be acceptable. This makeup air supply duct must end at a point on the exterior of the building, at least 20 feet (6096 mm) from any air intake for breathing air, cool- ing air, or combustion air. Any other ducts specifically allowable by the Inter- national Mechanical Code where such ducts are corrosion resistant and free -of -joints to the extent feasible shall be acceptable. 324.8.2.2 Pipes and tubes in interior chemical stor- age spaces. Pipes and tubes shall not enter or pass through an interior chemical storage space. Exceptions: As required to service devices integral to the function of the chemical storage space, such as pumps, vessels, controls, freeze protection, and safety devices. As required to allow for automatic fire suppression. As required for drainage. Piping, tubes, drain bodies, grates, and attachment and restraint devices shall be corrosion resistant and rated for the chemical environment(s) present, includ- ing floor drain bodies and grates. All wall penetrations shall be sealed air tight and commensurate with the rating of the wall assembly. Sealing materials shall be compatible with the wall assembly and the chemical environment(s) present. 324.8.2.3 Combustion equipment in interior chemi- cal storage. No combustion device or appliance shall be installed in a chemical storage space, or in any other place where it will be exposed to the air from a chemi- cal storage space. Exceptions: A combustion device or appliance that meets all of the following requirements shall be acceptable: The device or appliance is required for one or more processes integral to the function of the room, such as space heat. The device is listed for such use. The device as installed is approved. 324.9 Ozone rooms. An ozone equipment room shall not be used for storage of chemicals, solvents, or any combustible materials, other than those required for the operation of the recirculation and ozone -generating equipment. Rooms that are designed to include ozone equipment shall be equipped with an emergency ventilation system capable of 6 air changes per hour. The exhaust intake shall be located 6 inches (152 mm) from the floor, on the opposite side of the room from the make-up air intake. The emergency ventilation system shall be so arranged as to run on command of an ozone -leak alarm or on command of a manual switch. The manual emergency ventilation switch shall be located outside the room and near the door to the ozone room. Ozone rooms which are below grade shall be equipped with force -draft ventilation capable of 6 changes per hour. The exhaust intake shall be located 6 inches (152 mm) from 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 3-15 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Reach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) 2,j-2 'J`Tnse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER GENERAL COMPLIANCE 101338444 the floor, on the opposite side of the room from the make-up air intake. Such ventilation shall be so arranged as to: 1. Run automatically concurrent with the ozone equip- ment and for at least a time allowing for 15 air changes after the ozone equipment is stopped. 2. Run on activation of the ozone detection and alarm system. 3. Run on command of a manual switch. The manual ventilation switch shall be located outside the room and near the door to the ozone room. 324.9.1 Signage. In addition to the signs on all chemical storage areas, a sign shall be posted on the exterior of the entry door stating "DANGER - GASEOUS OXIDIZER -- OZONE" in lettering not less than 4 inches (102 mm) high. 324.9.2 Alarm system. Rooms containing ozone -genera- tion equipment shall be equipped with an audible and visible ozone detection and alarm system. The alarm system shall consist of both an audible alarm capable of producing at least 85 decibels at a 10- foot (3048 mm) distance and a visible alarm consisting of a flashing light mounted in plain view of the entrance to the ozone equipment room. The ozone sensor shall be located at a height of 18-24 inches (457-610 mm) above floor level. The ozone sensor shall be capable of measuring ozone in the range of 0-2 ppm. The alarm system shall activate when the ozone concentration equals or exceeds 0.1 ppm in the room. Activation of the alarm system shall shut off the ozone - generating equipment and turn on the emergency ventila- tion system. 324.10 Gaseous chlorination space. Use of compressed chlorine gas shall be prohibited for new construction and after substantial alteration to existing facilities. 324.11 Windows. Where windows are installed in an inte- rior wall, ceiling, or door of a chemical storage space, such windows shall have the following components: 1. Tempered or plasticized glass. 2. A corrosion -resistant frame. 3. Incapable of being opened or operated. Where windows are installed in an exterior wall or ceiling, such windows shall: 1. Be mounted in a corrosion -resistant frame. 2. Be protected by a roof, eave, or permanent awning as to minimize the entry of rain or snow in the event of window breakage. 324.12 Sealing and blocking materials. Materials used for sealing and blocking openings in an interior chemical stor- age space shall: 1. Minimize the leakage of air, vapors, or fumes from the chemical storage space. 2. Be compatible for use in the environment. 3. Be commensurate with the fire rating assembly in which they are installed. SECTION 325 INDOOR AIR QUALITY 325.1 General. Indoor public pool and spa air -handling system design, construction, and installation shall comply with the requirements of the International Mechanical Code or ASHRAE 62.1. 3-16 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-2"ease Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 4 PUBLIC SWIMMING POOLS User note: About this chapter: Chapter 4 has regulations for public swimming pools. Where diving boards are present, the chapter provides informa- tion regarding the minimum diving water dimensions. Requirements for exiting pools, decks, circulation systems and depth markers are provided. Special features of pools such as rest ledges, swimouts and underwater seats and benches are regulated by this chapter. SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall apply only to Class A, Class B, Class C, Class E and Class F public swimming pools. 401.2 Intent. The provisions in this chapter shall govern the design, equipment, operation, warning signs, installation, sanitation, new construction, and alteration specific to the types of public swimming pools indicated in Section 401.1. 401.3 Chapter 3 compliance required. In addition to the requirements of this chapter, public swimming pools shall comply with the requirements of Chapter 3. 401.4 Dimensional tolerances. Finished pool dimensions, for other than Class A pools, shall be held within the construction tolerances shown in Table 401.4. Other dimensions, unless otherwise specified, shall have a toler- ance of f 2 inches (51 mm). 401.4.1 Class A pool tolerances. Dimensional tolerances for Class A pools shall be determined by the authority that provides the accreditation of the pool for competitive events. 401.5 Floor slope. Except where required to meet the acces- sibility requirements in accordance with Section 307.9, the slope of the floor in the shallow area of a pool shall not exceed 1 unit vertical in 10 units horizontal (10-percent slope) for Class C pools and 1 unit vertical in 12 units hori- zontal (8-percent slope) for Class B pools. The slope limit shall apply in any direction to the point of the first slope change, where a slope change exists. The point of the first slope change shall be defined as the point at which the floor slope exceeds 1 unit vertical in 10 units horizontal (10- percent slope) for Class C pools and 1 unit vertical in 12 units horizontal (8-percent slope) for Class B pools. 401.6 Dimensions for Class A pools. Class A pools shall be designed and constructed with the dimensions determined by the authority that provides the accreditation of the pool for competitive events. SECTION 402 DIVING 402.1 General. This section covers diving requirements for Class B, Class C, and Class E pools. Manufactured and fabricated diving equipment and appurtenances shall not be installed on Type O pools. 402.2 Manufactured and fabricated diving equipment. Manufactured and fabricated diving equipment shall be in accordance with this section and shall be designed for swim- ming pool use. 402.3 Installation. The installation of manufactured diving equipment shall be in accordance with Sections 402.3 through 402.14. Manufactured diving equipment shall be located in the deep area of the pool so as to provide the mini- mum dimensions shown in Table 402.12 and shall be installed in accordance with the manufacturer's instructions. Installation and use instructions for manufactured diving equipment shall be provided by the manufacturer and shall specify the minimum diving water envelope dimensions required for each diving board and diving stand combina- TABLE 401.4 CONSTRUCTION TOLERANCES DESIGN ASPECT CONSTRUCTION TOLERANCE Depth —deep area, including diving area f 3 inches Depth —shallow area f 2 inches Length —overall f 3 inches Step treads & risers f'/Z inch Wall slopes f 3 degrees Waterline —pools with adjustable weir skimmers f'/4 inch Waterline —pools with nonadjustable skimming systems (gutters) f'/g inch Width —overall f 3 inches All dimensions not otherwise specified herein f 2 inches For SI: 1 inch = 25.4 mm, 1 degree = 0.017 radians. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 4-1 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 1 24ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 PUBLIC SWIMMING POOLS tion. The manufacturer's instructions shall refer to the water envelope type by dimensionally relating their products to Point A on the diving water envelopes shown in Table 402.12. The diving board manufacturer shall specify which boards fit on the design pool geometry types as indicated in Table 402.12. 402.4 Slip resistance. Diving equipment shall have slip - resistant walking surfaces. 402.5 Point A. For the application of Table 402.12, Point A shall be the point from which dimensions of width, length and depth are established for the minimum diving water envelope. If the tip of the diving board or diving platform is located at a distance of WA (see Figure 804.1) or greater from the deep end wall and the water depth at that location is equal to or greater than the water depth requirement at Point A, the point on the water surface directly below the center of the tip of the diving board or diving platform shall be identi- fied as Point A. 402.6 Location of pool features in a diving pool. Where a pool is designed for use with diving equipment, the location of steps, pool stairs, ladders, underwater benches, underwa- ter ledges, special features and other accessory items shall be outside of the minimum diving water envelope. See Figure 322.2. 402.7 Stationary diving platforms and diving rocks. Where stationary diving platforms and diving rocks are built on site, flush with the wall and located in the diving area of the pool, Point A shall be in front of the wall at the platform or diving rock centerline. 402.8 Location of diving equipment. Manufactured and fabricated diving equipment shall be located so that the tip of the board or platform is located directly above Point A as defined by Section 402.5. 402.9 Elevation. The maximum elevation of a diving board above the design waterline shall be in accordance with the manufacturer's instructions. 402.10 Platform height above waterline. The height of an approved stationary diving apparatus, platform, or diving rock above the design waterline shall not exceed the limits of the manufacturer's specifications or the limits of the design prepared by a design professional. 402.11 Clearance. The diving equipment manufacturer shall specify the minimum headroom required above the tip of the board. 402.12 Water envelopes. The minimum diving water enve- lopes shall be in accordance with Table 402.12. 402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails or two handrails. There shall be a uniform distance between ladder treads, with a 7-inch (178 mm) minimum distance and a 12-inch (305 mm) maximum distance. Exception: The distance between treads for the top and bottom riser can vary but shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). TABLE 402.12 MINUMUM DIVING WATER ENVELOPES (See Figure 402.12) POOL MINIMUM DIMENSIONS MINIMUM WIDTH OF POOL AT: TYPE D, D, R L, L2 L3 L, LS Pt. A Pt. B Pt. C VI T-0" 8'-6" 5'-6" 2'-6" 8'-01, 10'-6" T-0" 28'-0" 16'-0" 18'-01, 18'-01, VII T-6" 9'-01, 6'-0" 3'-0" 9'-01, 12'-0" 4'-0" 28'-0" 18'-01, 20'-0" 20'-0" VIII 8'-6" 10'-01, T-0" 4'-0" 10'-01, 15'-0" T-0" 31'-0" 20'-0" 22'-0" 22'-0" IX 11'-01, 12'-0" 8'-6" 6'-0" 10'-6" 21'-0" 0 37'-6" 22'-0" 24'-0" 24'-0" For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 11 ° MAX. SLOPE PT. A PT. B 29" D, MIN. Dz MIN. WATERLINE PT. C PT. D 11 ° MAX. SLOPE 5' MIN. 1 IN 12 MAX. SLOPE CLASS B 1 1 IN 10 MAX. SLOPE CLASS C 3 MAX. SLOPE L, MIN. I� —L2 MIN L3 MIN. L, MIN f LS MIN. For SI: 1 degree = 0.017 rad, 1 inch = 25.4 mm, 1 foot = 304.8 mm. FIGURE 402.12 (MINIMUM DIVING WATER ENVELOPES) CONSTRUCTION DIMENSIONS FOR WATER ENVELOPES FOR CLASS B AND CLASS C POOLS 4-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-07119-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PUBLIC SWIMMING POOLS 402.14 Springboard fall protection guards. Springboards located at a height greater than 5 feet (1524 mm) above the pool deck shall have a fall protection guard on each side of the springboard. The design and the selection of the materi- als of construction of the fall protection guards shall be determined by the manufacturer of the springboard support structure. The installation and maintenance of the fall protec- tion guards shall be in accordance with the fall protection guard manufacturer's instructions. SECTION 403 BATHER LOAD 403.1 Maximum bather load. The maximum bather load of Class B and Class C pools shall be in accordance with Table 403.1. SECTION 404 REST LEDGES 404.1 Rest ledges. Rest ledges along the pool walls are permitted. They shall be not less than 4 feet (1220 mm) below the water surface. Where a ledge is provided, the width of the ledge shall be not less than 4 inches (102 mm) and not greater than 6 inches (152 mm). SECTION 405 WADING POOLS 405.1 Wading pools. Class F wading pools shall be separate pools with an independent circulation system, shall be physi- cally separated from the main pool and shall be constructed in accordance with Sections 405.2 through 405.6. 405.2 Nonentry areas. The areas where the water depth at the edge of the pool exceeds 9 inches (229 mm) shall be considered to be nonentry areas. 405.3 Floor slope. The floors of wading pools shall be uniform and sloped with a maximum slope of 1 unit vertical in 12 units horizontal (8-percent slope). 405.4 Maximum depth. The water depth shall not exceed 18 inches (457 mm). 405.5 Distance from deck to waterline. The maximum distance from the top of the deck to the waterline shall not exceed 6 inches (152 mm). 405.6 Suction entrapment avoidance. Wading pools shall not have suction outlets. Skimmers or overflow gutters shall be installed and shall accommodate 100 percent of the circu- lation system flow rate. SECTION 406 DECKS AND DECK EQUIPMENT 406.1 General. Decks shall comply with the provisions of Section 306, except as otherwise required in this section. 406.2 Pool perimeter access. A deck or unobstructed access shall be provided for not less than 90 percent of the pool perimeter. 406.3 Deck clearance. Decking not less than 4 feet (1219 mm) in width shall be provided on the sides and rear of any diving equipment. A deck clearance of 4 feet (1219 mm) shall be provided around all other deck equipment. 406.4 Decks between pools and spas. Decks between pools, spas or any combination of pools and spas, shall have a width of not less than 6 feet (1829 mm). 406.5 Deck covering. Walking surfaces of decks within 4 feet (1219 mm) of a pool or spa shall be slip resistant. 406.6 Distances above diving boards. A completely unob- structed minimum distance above the tip of the diving board shall be specified by the diving equipment manufacturer. 406.7 Dimensional requirements. Public pools with diving equipment of 39 inches (991 mm) or greater in height, and pools designed for springboard or platform diving, shall comply with the dimensional design requirements of the diving equipment manufacturer or the authority that governs such pools. 406.8 Diving equipment. Diving equipment shall be installed in accordance with the manufacturer's specifications. 406.8.1 Label. A label shall be permanently affixed to the diving equipment or jump board in a readily visible loca- tion and shall include all of the following: 1. The minimum diving water envelope required for each diving board and diving stand combination. 2. Manufacturer's name and address. 3. Manufacturer's identification and date of manufacture. 4. The maximum allowable weight of the user. 406.8.2 Use instructions. The diving equipment manu- facturer shall provide diving equipment use instructions. TABLE 403.1 MAXIMUM BATHER LOAD POOL/DECK AREA SHALLOW INSTRUCTIONAL DEEP AREA DIVING AREA OR WADING AREAS (NOT INCLUDING THE DIVING AREA) (PER EACH DIVING BOARD) Pools with minimum deck area 15 sq. ft. per user 20 sq. ft. per user 300 sq. ft. Pools with deck area at least 12 sq. ft. per user 15 sq. ft. per user 300 sq. ft. equal to water surface area Pools with deck area at least g sq. ft. per user 10 sq. ft. per user 300 sq. ft. twice the water surface area For SI: 1 square foot = 0.09 square meters. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 4-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 24- 74e-e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PUBLIC SWIMMING POOLS 101338444 406.8.3 Tread surface. Diving equipment shall have slip - resistant tread surfaces. 406.8.4 Supports for diving equipment. Supports, plat- forms, stairs, and ladders for diving equipment shall be designed to carry the anticipated loads. Stairs and ladders shall be of corrosion -resistant materials, shall be easily cleanable and shall have slip -resistant treads. Diving stands higher than 21 inches (533 min), measured from the deck to the top back end of the board, shall be provided with stairs or a ladder. Step treads shall be self - draining. 406.8.5 Guardrails. Diving equipment 39 inches (991 min) or greater in height shall be provided with a top guardrail. Such guardrail shall extend not less than 30 inches (762 min) above the diving board and extend to the edge of the pool wall. 406.9 Starting blocks. In new construction or substantial alteration, starting blocks intended for competitive swim- ming shall be located at a water depth of not less than 5 feet (1524 min). 406.10 Swimming pool slides. Swimming pool slides shall comply with the requirements of 16 CFR, Part 1207. The manufacturer of the slide shall provide installation and use instructions for the slide. Slides shall be installed in accor- dance with the manufacturer's instructions. 406.11 Play and water activity equipment. Play and water activity equipment shall be installed in accordance with the manufacturer's instructions. SECTION 407 CIRCULATION SYSTEMS 407.1 General. Circulation systems for pools shall comply with Section 311 and the provisions of this section. 407.2 Turnover. Circulation equipment shall be sized to turn over the entire water capacity of the pool as specified in Table 407.2. The system shall be designed to provide the required turnover rate based on the maximum pressure and flow rate recommended by the manufacturer of the filter with clean filter media. 407.3 Continuous water removal. The design of a gutter system shall accommodate continuous removal of water from the pool's upper surface at a rate of not less than 125 percent of the required total recirculation flow rate as deter- mined by the design professional. 407.3.1 Gutter outlets. At a gutter flow condition of not less than 125 percent of the total recirculation flow as determined by the design professional, gutter outlets such as drop boxes, converters, return piping, or flumes shall be designed to prevent flooding of the gutter that would result in skimmed water re-entering the pool. 407.3.2 Adequate mixing. Pools shall have wall or floor inlets or both to provide for adequate mixing. Inlets shall be hydraulically sized to provide the design flow rates for each area of the pool proportional to the turnover rate and the area covered by the inlet. 407.4 Pool circulation. The filtration circulation system shall be designed with sufficient flexibility to achieve a hydraulic apportionment that will ensure effective distribu- tion of treated water throughout the pool. 407.4.1 Inlets. Effective distribution of treated water shall be accomplished by either a continuous perimeter overflow system with integral inlets or by means of direc- tionally adjustable inlets adequate in design, number, and location. 407.4.2 Adequate mixing. Pools shall have wall or floor inlets or both to provide for adequate mixing. Inlets shall be hydraulically sized to provide the design flow rates for each area of the pool proportional to the turnover rate and the area covered by the inlet. 407.4.3 Floor inlets. Floor inlets shall be required for pools that are greater than 50 feet (15.2 m) wide. The spacing between floor inlets shall not exceed 20 feet (6.1 m). Pools having only floor inlets shall have such inlets located within 15 feet (4.6 m) of the perimeter waterline. Where wall inlets are used in combination with floor inlets, the floor inlets shall be located not greater than 25 feet (7.6 m) from the nearest side walls. 407.4.4 Wall inlets. The spacing between wall inlets shall not exceed 20 feet (6.1 m), measured along the perimeter waterline. SECTION 408 FILTERS 408.1 General. Filters shall be designed in accordance with Section 312, except as otherwise required in this section. 408.2 Air release warning. The following statement shall be posted in a conspicuous location within the areas of the air release: DO NOT START THE SYSTEM AFTER MAINTE- NANCE WITHOUT FIRST PROPERLY REAS- SEMBLING THE FILTER AND SEPARATION TANK AND OPENING ALL AIR RELEASE VALVES. TABLE 407.2 TURNOVER RATE SWIMMING POOL CATEGORY TURNOVER RATE IN HOURS Class A, B, and C pools Hours equal 1 l/z times the average depth of pool in feet not to exceed 6 hours Wading pools 1 For SI: 1 foot = 304.8 mm. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° ' Copyright ®2020ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) J�`I-0711 i`Zense Agreement with ICC. No froth,, reproduce,,, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PUBLIC SWIMMING POOLS SECTION 409 SPECIFIC SAFETY FEATURES 409.1 Handholds. Handholds shall comply with the provi- sions of Section 323. 409.2 Depth markers. Depth markers shall be provided in accordance with Sections 409.2.1 through 409.2.8. 409.2.1 Where required. Depth markers shall be installed at the maximum and minimum water depths and at all points of slope change. Depth markers shall be installed at water depth increments not to exceed 2 feet (607 mm). Depth markers shall be spaced at intervals not to exceed 25 feet (7620 mm). 409.2.2 Marking of depth. The depth of water in feet (meters) shall be plainly and conspicuously marked on the vertical pool wall at or above the waterline. Exception: Pools with a vanishing edge and rim flow gutters. 409.2.3 Depth accuracy. Depth markers shall indicate the actual pool depth within f 3 inches (76 mm), at normal operating water level where measured 3 feet (914 mm) from the pool wall or at the tangent point where the cove radius meets the floor, whichever is deeper. 409.2.4 Position on pool wall. Depth markers on the vertical pool wall shall be positioned to be read from the waterside. Depth markers shall be placed so as to allow as much of the numbers to be visible above the waterline as possible. 409.2.5 Position on deck. Depth markers on the deck shall be located within 18 inches (457 mm) of the water edge and positioned to be read while standing on the deck facing the water. 409.2.6 Horizontal markers. Horizontal depth markers shall be slip resistant. 409.2.7 Uniform distribution. Depth markers shall be distributed uniformly on both sides and both ends of the pool. 409.2.8 Numbers and letters. Depth markers shall be not less than 4 inches (102 mm) in height. The color of the numbers shall contrast with the background on which they are applied and the color shall be of a permanent nature. The lettering shall spell out the words "feet" and "inches" or abbreviate them as "Ft." and "In." respec- tively. Where displayed in meters in addition to feet and inches, the word meter shall be spelled out or abbreviated as "M." 409.3 No diving symbol. Where the pool depth is 5 feet (1524 mm) or less, the `No Diving" symbol shall be displayed. The symbol shall be placed on the deck at inter- vals of not greater than 25 feet (7620 mm) and directly adjacent to a depth marker. Additional signage shall be in accordance with NEMA Z535. 409.4 Lifesaving equipment. Public pool Classes A, B, and C shall be provided with lifesaving equipment in accordance with Sections 409.4.1 through 409.4.3. Such lifesaving equipment shall be visually conspicuous and conveniently located at all times. 409.4.1 Accessory pole. A swimming pool accessory pole not less than 12 feet (3658 mm) in length and includ- ing a body hook shall be provided. 409.4.2 Throwing rope. A throwing rope attached to a ring buoy or similar flotation device shall be provided. The rope shall be not less than'/, inch (6.4 mm) in diame- ter and shall have a length of not less than 11/2 times the maximum width of the pool or 50 feet (15 240 mm), whichever is less. A ring buoy shall have an outside diam- eter of not less than 15 inches (381 mm). 409.4.3 Emergency response units. Pools covered by this chapter shall be provided with first aid equipment, including a first aid kit. First aid equipment and kits shall be located in an accessible location. SECTION 410 SANITARY FACILITIES 410.1 Toilet facilities. Class A and B pools shall be provided with toilet facilities having the required number of plumbing fixtures in accordance with the International Building Code or the International Plumbing Code. SECTION 411 SPECIAL FEATURES 411.1 Entry and exit. Pools shall have not less than two means of entry and exit that are located so as to serve both ends of a pool. Pool lifts, transfer walls and transfer systems that provide for pool entry and exit by persons with physical disabilities in accordance with Section 307.1.4 shall not be counted as the means of entry or exit that is required by this section. 411.1.1 Natural entry. Where areas have water depths of 24 inches (607 mm) or less at the pool wall, such areas shall be considered to be providing their own natural mode for entry and exit. Exception: Wading pools as outlined in Section 405. 411.1.2 Shallow area. A means of entry and exit shall be provided in shallow areas of pools and shall consist of pool stairs, a ramp or a beach entry. 411.1.3 Deep area. The means of entry and exit in the deep area of pools shall consist of one of the following: 1. Steps/stairs. 2. Ladders. 3. Grab rails with recessed treads. 4. Ramps. 5. Beach entries. 6. Swimouts. 7. Other designs that provide the minimum utility as specified in this code. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 4-5 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 1070ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PUBLIC SWIMMING POOLS 101338444 411.1.4 Pools greater than 30 feet wide. Swimming pools greater than 30 feet (9144 mm) in width shall be provided with entries and exits on each side of the deep area of the pool. The entries and exits on the sides of the deep area of a pool shall be located not more than 82 feet (25 m) apart. 411.1.5 Diving envelope. Where the pool is designed for use with diving equipment, the entries and exits, pool stairs, ladders, underwater benches, special features and other accessories shall be located outside of the minimum diving water envelope indicated in Figure 322.2. 411.1.6 Treads. Treads shall have slip -resistant surfaces. 411.2 Pool stairs. The design and construction of stairs extending into the pool in either shallow or deep water, including recessed pool stairs, shall comply with Sections 411.2.1 through 411.2.4. 411.2.1 Tread dimensions and area. Treads shall be not less than 24 inches (607 mm) at the leading edge. Treads shall have an unobstructed surface area of not less than 240 square inches (0.154 mz) and an unobstructed hori- zontal depth of not less than 10 inches (254 mm) at the centerline. 411.2.2 Risers. Risers, except for the bottom riser, shall have a uniform height of not greater than 12 inches (305 mm) measured at the centerline. The bottom riser height is allowed to vary to the floor. 411.2.3 Top tread. The vertical distance from the pool coping, deck, or step surface to the uppermost tread shall be not greater than 12 inches (305 mm). 411.2.4 Bottom tread. Where stairs are located in water depths greater than 48 inches (1219 mm), the lowest tread shall be not less than 48 inches (1219 mm) below the deck and shall be recessed in the pool wall. 411.2.5 Outlined edges. The leading horizontal and verti- cal edges of stair treads shall be outlined with slip - resistant contrasting tile or other permanent marking of not less than 1 inch (25.4 mm) and not greater than 2 inches (50.8 mm). 411.3 Shallow end detail for beach and sloping entries. Sloping entries used as a pool entrance shall have a maxi- mum slope of 1 unit vertical in 10 units horizontal (10- percent slope). 411.3.1 Benches and steps. Where benches are used in conjunction with sloping entries, the vertical riser distance shall not exceed 12 inches (305 mm). Where steps are used in conjunction with sloping entries, the requirements of Section 411.2 shall apply. 411.3.2 Vertical drops. A vertical drop exceeding 12 inches (305 mm) within a sloping entry shall be provided with a handrail. 411.3.3 Surfaces. Beach and sloping entry walking surfaces at water depths up to 36 inches (914 mm) shall be slip resistant. 411.4 Pool ladder design and construction. The design and construction of ladders shall comply with Section 322. 411.5 Underwater seats, benches, and swimouts. The design and construction of underwater seats, benches, and swimouts shall comply with Sections 411.5.1 and 411.5.2. 411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply with all of the following: 1. The horizontal surface shall be not greater than 20 inches (508 mm) below the waterline. 2. An unobstructed surface shall be provided that is equal to or greater than that required for the top tread of the pool stairs in accordance with Section 411.2. 3. Where used as an entry and exit access, swimouts shall be provided with steps that comply with the pool stair requirements of Section 411.2. 4. The leading edge shall be visibly set apart. 411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone or in conjunction with pool stairs, shall comply with all of the following: 1. The horizontal surface shall be not greater than 20 inches (508 mm) below the waterline. 2. An unobstructed surface shall be provided that is not less than 10 inches (254 mm) in depth and not less than 24 inches (607 mm) in width. 3. Underwater seats and benches shall not be used as the required entry and exit access. 4. Where underwater seats are located in the deep area of the pool where manufactured or constructed diving equipment is installed, such seats shall be located outside of the minimum diving water envelope for diving equipment. 5. The leading edge shall be visually set apart. 6. The horizontal surface shall be at or below the waterline. 7. A tanning ledge or sun shelf used as the required entry and exit access shall be located not greater than 12 inches (305 mm) below the waterline. SECTION 412 SIGNAGE 412.1 Safety signage. Safety signage advising on the danger of diving into shallow areas and on the prevention of drown- ing shall be provided as required by the authority that governs such pools. Safety signage shall be as shown in Figure 412.1 or similar thereto. 412.2 Emergency telephone signs. A sign indicating the location of the nearest landline telephone that can be used to call emergency services shall be posted within sight of the main entry into a pool facility. The sign shall indicate the telephone numbers, including area code, that can be called for emergency services including, but not limited to, police, fire, ambulance and rescue services. If "9-1-1" telephone service is available for any of those services, "9-1-1" shall be indicated next to the telephone number for such services. 4-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24ua074nse Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PUBLIC SWIMMING POOLS The sign shall include the street address and city where the pool is located. The nearest landline telephone indicated by the sign shall be one that can be used free of charge to call for emergency services. A sign with the telephone number and address information required by this section shall be posted within sight of the landline telephone. 412.3 Sign placement. Signs shall be positioned for effec- tive visual observation by users as required by the authority that governs such pools. 412.4 Emergency shutoff switch. Signs shall be posted that clearly indicate the location of the pump emergency shutoff switch. Such switch shall be clearly identified as the pump emergency shutoff switch. A WARNING NO DIVING! PREVENT Shallow water. DROWNING You can be permanently injured. Watch children at all times. RESCUE: For SI: 1 inch = 25.4 mm. FIGURE 412.1 SAFETY SIGN Actual Size: 11" x 13- 3/8" 16" x 18-1/2" 18-3/8" x 24" 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 4-7 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 107&nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 4-8 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-07116ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 5 PUBLIC SPAS AND PUBLIC EXERCISE SPAS User note: About this chapter: Chapter 5 regulates the depth, seating depth and floor slope of public pools and public exercise spas. Suction fitting, heater and depth marker requirements are also included in this chapter. SECTION 501 GENERAL 501.1 Scope. This chapter shall govern the design, installa- tion, construction and repair of public spas and exercise spas regardless of whether a fee is charged for use. 501.2 General. In addition to the requirements of this chap- ter, public spas and public exercise spas shall comply with the requirements of Chapter 3. SECTION 502 MATERIALS 502.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas. SECTION 503 STRUCTURE AND DESIGN 503.1 Water depth. The maximum water depth for spas shall be 4 feet (1219 mm) measured from the design water- line except for spas that are designed for special purposes and approved by the authority having jurisdiction. The water depth for exercise spas shall not exceed 6 feet 6 inches (1981 mm) measured from the design waterline. 503.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches (711 mm) measured from the design waterline to the lowest measurable point. 503.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). Where multilevel floors are provided, the change in depth shall be indicated. SECTION 504 PUMPS AND MOTORS 504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be accessible, located within sight of the spa and shall be located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm) horizontally from the inside walls of the spa. 504.1.1 Alarms. Emergency shutoff switches shall be provided with an audible alarm rated at not less than 80 decibel sound pressure level and a light near the spa that will operate continuously until deactivated when the shut- off switch is operated. The following statements shall appear on a sign that is posted in a location that is visible from the spa: ALARM INDICATES SPA PUMPS OFF. DO NOT USE SPA WHEN ALARM SOUNDS AND LIGHT IS ILLUMINATED UNTIL ADVISED OTHERWISE. 504.2 Timer. The operation of the hydrotherapy jets shall be limited by a cycle timer having a maximum setting of 10 minutes. The cycle timer shall be located not less than 5 feet (1524 mm) away, adjacent to, and within sight of the spa. SECTION 505 RETURN AND SUCTION FITTINGS 505.1 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. 505.2 Suction fittings. Suction fittings shall be in accor- dance with Sections 505.2.1 through 505.2.4. 505.2.1 Testing and certification. Suction fittings shall be listed and labeled in accordance with APSP 16. 505.2.2 Installation. Suction fittings shall be sized and installed in accordance with the manufacturer's specifica- tions. Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose. 505.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section 310. 505.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance with Section 310. SECTION 506 HEATER AND TEMPERATURE REQUIREMENTS 506.1 General. This section pertains to fuel -fired and elec- tric appliances used for heating spa or exercise spa water. 506.2 Water temperature controls. Components provided for water temperature controls shall be suitable for the intended application. 506.2.1 Water temperature regulating controls. Water temperature regulating controls shall comply with UL 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 5-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number u101338444 on Aug 26, 2o22 07:26 AM (PDT) 1k7L7cnse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 PUBLIC SPAS AND PUBLIC EXERCISE SPAS 873 or UL 372. A means shall be provided to indicate the 508.4 Clock. Public facilities shall have a clock that is visi- water temperature in the spa. ble to spa users. Exception: Water temperature regulating controls that are integral to the heating appliance and listed in accordance with the applicable end use appliance standard. 506.2.2 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 (60°C). SECTION 507 WATER SUPPLY 507.1 Water temperature. The temperature of the incoming makeup water shall not exceed 104°F (40°C). SECTION 508 SAFETY FEATURES 508.1 Instructions and safety signs. Instructions and safety signage shall comply with the requirements of the local juris- diction. In the absence of local requirements, safety signs and instructions shall comply with UL 1563 or CSA C22.2 No. 218.1. 508.2 Operational signs. Operational signs shall include, but not be limited to, the following messages as required by the local jurisdiction: 1. Do not allow the use of or operate spa if the suction outlet cover is missing, damaged or loose. 2. Check spa temperature before each use. Do not enter the spa if the temperature is above 104°F (40°C). 3. Keep breakable objects out of the spa area. 4. Spa shall not be operated during severe weather conditions. 5. Never place electrical appliances within 5 feet (1524 mm) of the spa. 6. No diving. 508.3 Depth markers. Public spas shall have permanent depth markers with numbers not less than 4 inches (102 mm) in height that are plainly and conspicuously visible from obvious points of entry and in conformance to this section. 508.3.1 Number. There shall be not less than two depth markers for each spa, regardless of spa size or shape. 508.3.2 Spacing. Depth markers shall be spaced at not more than 25-foot (7620 mm) intervals and shall be uniformly located around the perimeter of the spa. 508.3.3 Marking. Spas and exercise spas shall have the maximum water depth clearly marked on the required surfaces and such markers shall be positioned on the deck within 18 inches (457 mm) of the design waterline. Depth markers shall be positioned to be read while standing on the deck facing the water. 508.3.4 Slip resistant. Depth markers in or on the deck surfaces shall be slip resistant. 5-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-07118ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 6 AQUATIC RECREATION FACILITIES User note: About this chapter: Chapter 6 covers facilities commonly known as water parks. Such facilities can have a variety of pools ranging from zero depth entry wave pools to lazy rivers. This chapter includes requirements for floor slopes, steps, marking, signage, circulation systems, handholds and swimouts. SECTION 601 GENERAL 601.1 Scope. This chapter covers public pools and water containment systems used for aquatic recreation. This chap- ter provides specifications for the design, equipment, operation, signs, installation, sanitation, new construction, and rehabilitation of public pools for aquatic play. This chapter covers Class D-1 through Class D-6 public pools whether they are provided as stand-alone attractions or in various combinations in a composite attraction. 601.2 Combinations. Where combinations of Class D-1 through Class D-6 pools exist within a facility, each element in the facility shall comply with the applicable code sections as if the element functioned as a part of a freestanding pool of Class D-1 through Class D-6. 601.3 General. In addition to the requirements of this chap- ter, aquatic recreation facilities shall comply with the requirements of Chapter 3. SECTION 602 FLOORS 602.1 Floor slope. In water depths of less than 5 feet (1524 mm), the floor slope shall be not greater than 1 unit vertical in 12 units horizontal (8.3-percent slope) except where the function of the attraction requires greater slopes in limited areas. Exception: The slope of the floor in Class D-3 pools shall not exceed 1 unit vertical in 7 units horizontal (14-percent slope). SECTION 603 MARKINGS AND INDICATORS 603.1 Markings. Markings in areas of deep water shall comply with Section 409.2 except where the function of the pool dictates otherwise. 603.2 Class D-2 pools. Where a Class D-2 pool has a bather - accessible depth greater than 4'/2 feet (1372 mm), the floor shall have a distinctive marking at the 4'/2 feet (1372 min) water depth. 603.3 Shallow -to -deep -end rope and float line. Where a pool has a water depth ranging from less than 5 feet (1524 min) to greater than 5 feet (1524 mm), a rope and float line shall be located 1 foot (305 min) horizontally from the 5-foot (1524 min) depth location, toward the shallow end of the pool. 603.4 Nozzles. Pools having nonflush propulsion nozzles in the floor shall have a distinctive marking at the location of such nozzles. SECTION 604 CIRCULATION SYSTEMS 604.1 General. A circulation system consisting of pumps, piping, return inlets and suction outlets, filters, and other necessary equipment shall be provided for complete circula- tion of water with the pool. 604.2 Turnover. Circulation system equipment shall be designed to turn over 100 percent of the nominal pool water volume in the amount of time specified in Table 604.2. The system shall be designed to give the required turnover time based on the manufacturer's recommended maximum pres- sure and flow of the filter in clean media condition. TABLE 604.2 TURNOVER TIME CLASS OF POOL MAXIMUM TURNOVER TIMEa (hours) D-1 2 D-2 with less than 24 inches water depth 1 D-2 with 24 inches or greater water depth 2 D-3 1 D-4 2 D-5 1 D-6 1 For SI: 1 inch = 25.4 Turn. a. Pools with a sand bottom require a 1-hour turnover time. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 6-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number u101338444 on Aug 26, 2o22 07:26 AM (PDT) 1 0711gense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER AQUATIC RECREATION FACILITIES 101338444 604.2.1 24-hour circulation required. Circulation systems shall circulate treated and filtered water for 24 hours a day. 604.2.2 Reduced circulation rate. The circulation rate shall be permitted to be reduced during periods that the pool is closed for use provided that acceptable water clar- ity conditions are met prior to reopening the pool for public use. The reduced circulation rate shall not be zero. 604.3 Surface skimming systems. Surface skimming systems shall be in accordance with Table 604.3. 604.3.1 Class D-5 pool skimmers. The installation of skimmers in the side areas of Class D-5 pools shall be prohibited. SECTION 605 HANDHOLDS AND ROPES 605.1 Handholds. Handholds shall be provided in accor- dance with Section 323. Exception: Handholds shall not be provided for wave action and action rivers. 605.2 Rope and float line. A rope and float line shall be provided for all of the following situations: 1. Separation of activity areas. 2. Identification of a break in floor slope at water depths of less than 5 feet (1524 mm). 3. Identification of a water depth greater than 41/2 feet (1372 mm) in constant floor slope in Class D-2 pools. Exception: Class D-1 pools or any other pool where the designer indicates that such a line is not required or that the line would constitute a hazard. 605.2.1 Location. The rope and float line shall be located 1 foot (305 mm) toward the shallow end in each location. 605.3 Caisson wall rope and float line. For Class D-1 pools, a rope and float line shall be installed to restrict bather access to the wave pool caisson wall. The location of the rope and float line shall be in accordance with the wave equipment manufacturer's instructions. 605.4 Fastening. Rope and float lines shall be securely fastened to wall anchors made of corrosion -resistant materi- als. Wall anchors shall be of the recessed type and shall not have projections that will constitute a hazard when the rope and float line is removed. 605.5 Size. Rope and float lines shall be not less than 5/$ inch (15.9 mm) in diameter and shall be made of polypropylene material. SECTION 606 DEPTHS 606.1 Class D-6 depth. The captured or standing water depth in Class D-6 pools shall be not greater than 12 inches (305 mm). 606.2 Spray pools. The water depths in spray pools shall be not greater than 6 inches (152 mm). SECTION 607 BARRIERS 607.1 Barriers. Multiple pools and spas within a single complex shall be permitted without barriers where a barrier separates the single complex from the surrounding property in accordance with Section 305. SECTION 608 NUMBER OF OCCUPANTS 608.1 Occupant load. The occupant load for the pools or spas in the facility shall be calculated in accordance with Table 608.1. The occupant load shall be the combined total of the number of users based on the pool or spa water surface area and the deck area surrounding the pool or spa. The deck area occupant load shall be based on the occupant load calculated where a deck is provided or based on an assumed 4-foot-wide (1219 mm) deck surrounding the entire perime- ter of the pool or spa, whichever is greater. TABLE 604.3 SURFACE SKIMMING SYSTEMS CLASS OF POOL SURFACE SKIMMING SYSTEM D-1 Zero -depth trench located at static water level or other skimming systems D-2 Auto skimmer, zero -depth trench or gutters D-3 Auto skimmer, zero -depth trench or perimeter device D-4 Single or multiple skimmer devices for skimming flow D-5 Skimmers prohibited in side area D-6 Auto skimmer, zero -depth trench, or gutter TABLE 608.1 OCCUPANT LOAD SHALLOW OR WADING AREAS DEEP AREA (NOT INCLUDING THE DIVING AREA) DIVING AREA (PER EACH DIVING BOARD) DECK AREA Vessel water surface area 8 sq. ft per user 10 sq. ft. per user 300 sq. ft. per user — Deck area — — — 1 user per 15 sq. ft. For SI: 1 square foot = 0.0929 mZ. 6-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24uaO -e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER AQUATIC RECREATION FACILITIES 608.2 Facility capacity. For multiple pools and spas in a single aquatic recreation facility, the total facility occupant capacity shall not be limited by the number of occupants calculated in accordance with Section 608.1. SECTION 609 DRESSING AND SANITARY FACILITIES 609.1 General. Dressing and sanitary facilities shall be provided in accordance with the minimum requirements of the International Building Code and International Plumbing Code and Sections 609.2 through 609.9. 609.2 Number of fixtures. The minimum number of required water closets, urinals, lavatory, and drinking foun- tain fixtures shall be provided as required by the International Building Code and International Plumbing Code and the dressing facilities and number of cleansing and rinse showers shall be provided in accordance with Sections 609.2.1, 609.2.2, and 609.3.L 609.2.1 Water area less than 7500 square feet. Facili- ties that have less than 7500 gross square feet (697 in') of water area available for bather access shall have dressing facilities and not less than one cleansing shower for males and one cleansing shower for females. 609.2.2 Water area 7500 square feet or more. Facilities that have 7500 gross square feet (697 m2) or more of water area available for bather access shall have dressing facilities and not less than one cleansing shower for males, and one cleansing shower for females for every 7500 square feet (697 in) or portion thereof. Where the result of the fixture calculation is a portion of a whole number, the result shall be rounded up to the nearest whole number. 609.3 Showers. Showers shall be in accordance with Sections 609.3.1 through 609.3.3. 609.3.1 Rinse shower. In addition to the requirement for cleansing showers in Sections 609.2.1 and 609.2.2, not less than one rinse shower shall be provided on the deck of or at the entrance of each pool. 609.3.2 Water heater and mixing valve. Bather access to water heaters and thermostatically controlled mixing valves for showers shall be prohibited. 609.3.3 Temperature. At each cleansing showerhead, the heated shower water temperature shall be not less than 90°F (32°C) and not greater than 120°F (49°C). Water supplied to rinse showers shall not be required to be I heated. « 609.4 Soap dispensers. Soap dispensers shall be in accor- dance with Sections 609.4.1 and 609.4.2. 609.4.1 Liquid or powder. Soap dispensers shall be provided at each lavatory and cleansing shower. Soap dispensers shall dispense liquid or powdered soap. Reus- able cake soap is prohibited. Soap dispensers and soap I shall not be provided at rinse showers. 609.4.2 Metal or plastic. Soap dispensers shall be made of metal or plastic. Glass materials shall be prohibited. 609.5 Toilet tissue holder. A toilet paper holder shall be provided at each water closet. 609.6 Lavatory mirror. Where mirrors are provided, they shall be shatter resistant. 609.7 Sanitary napkin receptacles. Sanitary napkin recep- tacles shall be provided in each water closet compartment for females and in the cleansing area of the showers for female use only. 609.8 Sanitary napkin dispensers. A sanitary napkin dispenser shall be provided in each toilet facility for females. 609.9 Infant care. Baby -changing tables shall be provided in toilet facilities having two or more water closets. SECTION 610 SPECIAL FEATURES 610.1 Locations. Entry and exit locations shall be in accor- dance with Table 610.1. The primary means of entry and exit shall consist of ramps, beach entries, pool stairs, or ladders. 610.2 Secondary entry and exit means. Where secondary means of entry and exit are provided, they shall consist of one of the following: 1. Steps. 2. Stairs. 3. Ladders with grab rails. 4. Recessed treads. 5. Ramps. 6. Beach entries. 7. Swimouts. 8. Designs that provide the minimum utility as specified in this code. TABLE 610.1 ENTRY AND EXIT LOCATIONS CLASS OF POOL ENTRY AND EXIT LOCATIONS D-1 Entry at beach end only; exit at beach end, sides or end wall D-2 Entry and exit determined by the pool designer D-3 Entry prohibited from deck areas; exit by ladders, steps or ramps as determined by pool designer D-4 Entry and exit determined by the pool designer D-5 Entry and exit determined by the pool designer D-6 Entry and exit determined by the pool designer 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 6-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 2`I-2&.jense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER AQUATIC RECREATION FACILITIES 101338444 610.3 Provisions for diving. Where diving facilities are part of the attraction or pool complex, entries, exits, pool stairs, ladders, underwater benches, special features, and other accessories shall be located outside of the minimum diving water envelope in accordance with Figure 322.2. 610.4 Beach entry, zero -depth entry, and sloping entries. The shallow end for beach entries and sloping entries shall be in accordance with Sections 610.4.1 through 610.4.4 or the regulations of the local jurisdiction. 610.4.1 Maximum entry slope. The slope of sloping entries used as a pool entry shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). 610.4.2 Benches. Where benches are used in conjunction with sloping entries, the vertical riser height shall not exceed 12 inches (305 mm). 610.4.3 Steps. Where steps are used in conjunction with sloping entries, all of the requirements of Section 610.5 shall apply. 610.4.4 Slip -resistant surfaces. Beach and sloping entry walking surfaces at water depths up to 36 inches (914 mm) shall be slip resistant. 610.5 Pool steps. The design and construction of steps for stairs into the shallow end and recessed pool stairs shall be in accordance with Sections 610.5.1 through 610.5.6. 610.5.1 Uniform height of 9 inches. Except for the bottom riser, risers at the centerline shall have a maxi- mum uniform height of 9 inches (229 mm). The bottom riser height shall be permitted to vary from the other risers. 610.5.2 Distance from coping or deck. The vertical distance from the pool coping, deck, or step surface to the uppermost tread shall be not greater than 9 inches (229 mm). 610.5.3 Color to mark leading edge. The leading edge of steps shall be distinguished by a color contrasting with the color of the steps and the pool floor. 610.5.4 Stairs in water depths over 48 inches. Stairs that are located in water depths greater than 48 inches (1219 mm) shall have the lowest tread located below the deck at a distance of not less than 48 inches (1219 mm) below the deck. 610.5.5 Tread horizontal depth. Treads shall have an unobstructed horizontal depth of not less than 11 inches (279 mm). 610.5.6 Tread surface area. Treads shall have an unob- structed surface area of not less than 240 square inches (.017 m2). 610.6 Swimouts. Swimouts shall be located completely outside of the water current or wave action of the pool or spa and can be located in shallow or deep areas of water. 610.6.1 Surface area. An unobstructed surface equal to or greater than that required for the top tread of the pool stairs shall be provided in accordance with Sections 610.5.5 and 610.5.6. 610.6.2 Step required. Where a swimout is used as an entry and exit access point, it shall be provided with a step that meets the pool stair requirements (see Section 610.5). 610.6.3 Maximum depth. The horizontal surface of a swimout shall be not greater than 20 inches (508 mm) below the waterline. 610.6.4 Color marking. The leading edge of a swimout shall be visually set apart by a stripe having a width of not less than 3/4 inch (19 mm) and not greater than 2 inches (51 mm). The stripe shall be of a contrasting color to the adjacent surfaces. 610.7 Underwater benches. Underwater benches shall comply with this section. 610.7.1 Location. Underwater benches shall only be located in areas where the pool water depth does not exceed 5 feet (1.5 m). 610.7.2 Surface dimensions. Underwater benches shall have an unobstructed surface dimension of not less than 16 inches (406 mm) and not greater than 22 inches (559 mm) in depth measured front to back and not less than 26 inches (660 mm) in width. 610.7.3 Not an entry or exit. Underwater benches shall not be used as an entry or exit for a pool . 610.7.4 Depth. The horizontal surface of benches shall be not greater than 20 inches (508 mm) below the waterline. 610.7.5 Color marking. The leading edge of benches shall be visually set apart by a stripe having a width not less than 3/4 inch (19 mm) and not greater than 2 inches (51 mm). The stripe shall be of a contrasting color to the adjacent surfaces. 610.7.6 Slip resistant. The top surface of benches shall be slip resistant. 610.8 Objects permitted. The design, construction, and operation of decorative objects and structures intended for climbing, walking, and hanging on by a bather are not covered by this code. 610.8.1 Floating devices. Floating devices not intended to be mobile shall be anchored in a manner to restrict movement to the range established by the designer. The anchoring of such floating devices shall be configured to minimize the possibility of entrapment of bathers, bodies, hair, limbs, and appendages should they come in contact with any element of the floating device or its anchors. SECTION 611 SIGNAGE 611.1 Posting of signs. Signs stating rules, instructions, and warnings shall be posted. Signs for suction entrapment warn- ing in accordance with Section 310 shall be posted. Signs shall be placed so that they squarely face approaching traffic. The center of the message panel shall be located not less than 66 inches (1676 mm) above the walking surface. 611.2 Prohibited mounting. Signs shall not be mounted on fences and gates alongside of guest walkways and staircases. 6-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-262ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER AQUATIC RECREATION FACILITIES 611.3 Message delivery. Messages delivered on signs shall comply with all of the following: 1. Messages shall be pertinent to the activity being performed or to be performed. 2. Messages shall be specific by providing details about the activity. 3. Messages shall be short and concise. 4. Messages shall be direct without humor or embellishments. 611.4 Text font and size. The message text shall be in a clear, bold font such as Arial. The character height shall be proportional to 1 inch (25 mm) for 10 feet (3048 mm) of intended viewing distance but not less than 1 inch (25 mm). 611.5 Distinct sign classes. Facility signs shall be catego- rized into four sign classes in accordance with Sections 611.5.1 through 611.5.4. 611.5.1 General information. General information signs shall be posted facility -wide and shall not be attraction specific. 611.5.2 Directional signs. Directional signs shall identify the location of services and attractions in the park and shall include directional arrows. Directional signs shall be posted at various crossroads in the facility. 611.5.3 Rule signs. Rule signs shall inform guests of the qualifications that they must meet to allow them to partic- ipate on a specific ride or attraction. Rules shall include, but are not limited to, limits for weight and height, proper attire and ride (and ride vehicle) stipulations. Rule signs shall be located at a point where the guests make the initial commitment to participate on the ride. 611.5.4 Instructional signs. Instructional signs shall inform guests of specific instructions for the use of the ride. Instructions shall include, but are not limited to, riding posture, prohibited activity, and user exit require- ments at the ride termination. Instructional signs shall be located along the queue approaching the ride dispatch area. 611.6 Materials. Sign panels shall be durable for the weather conditions and shall be resistant to damage from guests. The message surface shall be clean and smooth and shall readily accept paint or precut lettering adhesives. 611.7 Shape and size consistency. The panel shape and size for each class of signs shall be the same. Where the total message to be indicated is larger than what can be placed on one sign, multiple signs of the same size shall be used to display the message. 611.8 Pictograms. Pictograms shall always be accompanied by text indicating the same message. Pictograms shall be designed to illustrate one clear and specific meaning to all individuals. 611.9 Theming or artwork. Theming or artwork applied to signs shall not invade the message panel. Signs shall have a distinct border. 611.10 Shallow water. Safety signs shall be in accordance with Section 412. 611.11 Cold water. Where a pool could have a water temperature below 70°F (21°C), a cold water warning sign shall be posted at the point of entry to the pool or at the attraction using such water. SECTION 612 INTERACTIVE WATER PLAY FEATURES 612.1 General. Interactive water play features shall comply with Sections 612.1 though 612.7. 612.2 Safety hazards. Parts of the interactive water play feature that can be accessed by the users of the feature shall be designed and constructed to not present safety hazards to the users. 612.3 Decking. A deck of not less than 4 feet (1296 mm) in width shall be provided around the perimeter of the interac- tive water play feature. The deck shall be sloped away from the interactive water play feature. 612.4 Splash pad zone. The splash pad zone shall comply with Sections 612.4.1 through 612.4.4. 612.4.1 Surface. Splash pad zone surfaces shall have a slip -resistant and cleanable surface. The manufacturer of manufactured zone surfaces shall certify that such surfac- ing is suitable for aquatic and chlorinated environments. Direct suction outlets from interactive water play features shall be prohibited. 612.4.2 Slope and water collection. Splash pad zone surfaces shall slope to one or more drain points so that only water from the splash pad zone flows back to a gravity -fed collection tank. The slope shall prevent the accumulation or pooling of water and shall not exceed '/2 inch per foot (41.6 mm/m). Drain openings in the splash pad zone surfaces that can be accessed by users shall not allow a'/2 inch (12.7 mm) diameter dowel rod to be inserted into the opening. Drain covers in splash pad zone surfaces shall be flat and flush with the zone surface and shall require tools for removal. The manufacturer of such drain covers shall certify that the covers comply with the physical testing and finger - and -limb entrapment requirements in Sections 3 and 6, respectively, of APSP 16. 612.4.3 Nozzles within the interactive water play feature splash pad zone. Nozzles that spray water from the interactive water play feature splash pad zone shall be flush with the zone surface. Openings in such nozzles shall not allow a 1/2 inch (12.7 mm) diameter dowel rod to be inserted into the opening. The water velocity from the orifice of any water nozzle shall not exceed 20 feet (6.1 m) per second. 612.4.4 Other nozzles. Nozzles, other than those on walking surfaces within the interactive water play feature splash pad zone, shall be designed to be clearly visible. 612.5 Water sanitation. The water sanitation shall consist of the equipment covered in Sections 612.5.1 through 612.5.5. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 6-5 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Reach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) 2 1 Mense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 AQUATIC RECREATION FACILITIES 612.5.1 Water collection and treatment tank. Interac- tive water play features shall drain to a collection and treatment tank. The inside of the tank shall be accessible for cleaning and inspection.The access hatch or lid shall be locked or require a tool to open. 612.5.2 Filtration pump. The filtration pump shall be sized to turn over the surge basin capacity in 30 minutes or less. The intake for the pump shall be located to draw water from the lowest elevation in the treatment tank. 612.5.3 Spray nozzle and water feature water disinfec- tion. Spray nozzles and water features shall be supplied by water from the water collection and treatment tank that is equipped with filtration and sanitizing equipment required by Chapter 3 and this section. Where separate water feature pumps are installed, controls shall prevent those pumps from operation when the filtration pump is not operating. 612.5.4 Disinfection system. In addition to any filtration and sanitizing equipment requirements of Chapter 3 and this chapter, all water supplied to spray nozzles or other water that can be accessed by a user shall pass through a secondary disinfection system before discharge to the user. The secondary disinfection system shall be listed and labeled to NSF 50 as having a single -pass, three -log reduction of the cryptosporidium surrogate. 612.5.5 Make-up water system. The water collection and treatment tank shall be provided with a make-up water system that is supplied with potable water. 612.6 Operating instructions. In addition to the documen- tation and instructions requirements of Chapters 1 and 3, the operating instructions for an interactive water play feature shall require that the circulation system be operated continu- ously for not less than four turnovers prior to operation of the pumps for the spray nozzles and other water features systems. 612.7 Lighting. Where a interactive water play feature will be in operation at night or during periods of inadequate natu- ral lighting, artificial lighting shall be provided in accordance with the same requirements for pool deck area lighting in Section 321.2.1. 6-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rl 2".se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER CHAPTER 7 ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS User note: About this chapter: Chapter 7 concerns residential portable pools also known as onground storable residential swimming pools. These pools are manufactured for assembly on the site. The chapter's regulations include those for floor slopes, entry barrier methods, decks, stairs, safety signage and circulation systems. SECTION 701 GENERAL 701.1 Scope. This chapter describes certain criteria for the design, manufacturing, and testing of onground storable pools intended for residential use. This includes portable pools with flexible or nonrigid side walls that achieve their structural integrity by means of uniform shape, support frame or a combination thereof, and that can be disassem- bled for storage or relocation. This chapter includes what has been commonly referred to in past standards or codes as onground or above -ground pools. 701.1.1 Permanent inground residential swimming pool. This chapter does not apply to permanent inground residential pools, as defined in Chapter 8. 701.2 General. In addition to the requirements of this chap- ter, onground storable residential swimming pools shall comply with the requirements of Chapter 3. 701.3 Floor slopes. Floor slopes shall be uniform and in accordance with Sections 701.3.1 through 701.3.4. 701.3.1 Shallow end. The slope of the floor from the shallow end wall towards the deep area shall not exceed 1 unit vertical in 7 units horizontal (14-percent slope) to the point of the first slope change. 701.3.2 Transition. The slope of the floor from the point of the first slope change towards the deepest point shall not exceed 1 unit vertical in 3 units horizontal (33-percent slope). 701.3.3 Adjacent. The slope adjacent to the shallow area shall not exceed 1 unit vertical in 3 units horizontal (33- percent slope) and the slope adjacent to the side walls shall not exceed 1 unit vertical in 1 unit horizontal (100- percent slope). 701.3.4 Change point. The point of the first slope change shall be defined as the point at which the shallow area slope exceeds 1 unit vertical in 7 units horizontal (14- percent slope) and is not less than 6 feet (1889 mm) from the shallow end wall of the pool. 701.4 Identification. For onground storable residential pools with a vinyl liner, the manufacturer's name and the liner identification number shall be affixed to the liner. For onground storable residential pools without a liner, the manufacturer's name and identification number shall be affixed to the exterior of the pool structure. 701.5 Installation. Onground storable pools shall be installed in accordance with the manufacturer's instructions. SECTION 702 LADDERS AND STAIRS 702.1 Ladders and stairs. Pools shall have a means of entry and exit consisting of not less than one ladder or a ladder and staircase combination. 702.2 Type A and Type B ladders. Type A, double access, and Type B, limited access, A -frame ladders shall comply with Sections 702.2.1 through 702.2.7. See Figure 702.2. FIGURE 702.2 TYPICAL A -FRAME LADDER, TYPES A AND B 702.2.1 Barrier required. Ladders in the pool shall have a physical barrier to prevent children from swimming through the riser openings or behind the ladder. Exception: Barriers for ladders shall not be required where the ladder manufacturer provides a certification statement that the ladder complies with the ladder entrap- ment test requirements of APSP 4. 702.2.2 Platform. Where an A -frame ladder has a plat- form between the handrails, the platform shall have a width of not less than 12 inches (305 mm) and a length of not less than 12 inches (305 mm). The platform shall be at or above the highest ladder tread. The walking surface of the platform shall be slip resistant. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 7-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) &I-265ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS 101338444 702.2.3 Handrails or handholds. A -frame ladders shall have two handrails or handholds that serve all treads. The height of the handrails and handholds shall be not less than 20 inches (508 mm) above the platform or upper- most tread, whichever is higher. 702.2.4 Diameter. The outside diameter of handrails and handholds shall be not less than 1 inch (25 mm) and not greater than 1.9 inches (48 mm). 702.2.5 Clear distance. The clear distance between ladder handrails shall be not less than a space of 12 inches (305 mm). 702.2.6 Treads. Ladder treads shall have a horizontal uniform depth of not less than 2 inches (51 mm). 702.2.7 Riser height. Risers, other than the bottom riser, shall be of uniform height that is not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The bottom riser height shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The verti- cal distance from the platform or top of the pool structure to the uppermost tread shall be the same as the uniform riser heights. 702.3 Type C staircase ladders (ground to deck). Type C staircase ladders shall comply with Sections 702.3.1 through 702.3.6. See Figure 702.3. FIGURE 702.3 TYPICAL STAIRCASE LADDER, TYPE C 702.3.1 Handrails or handholds. Staircase ladders shall have not less than two handrails or handholds that serve all treads. The height of the handrails and handholds shall be not less than 20 inches (508 mm) above the platform or uppermost tread, whichever is higher. 702.3.2 Diameter. The outside diameter of handrails and handholds shall be not less than 1 inch (25 mm) and not greater than 1.9 inches (48 mm). 702.3.3 Treads. Ladder treads shall have a horizontal uniform depth of not less than 4 inches (102 mm). 702.3.4 Riser height. Risers, other than the bottom riser, shall be of uniform height that is not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The bottom riser height shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The verti- cal distance from the platform or top of the pool structure to the uppermost tread shall be the same as the uniform riser heights. 702.3.5 Top step. The top step of a staircase ladder shall be flush with the deck or 7 inches (178 mm) to 12 inches (305 mm) below the deck level. 702.3.6 Width. Steps shall have a minimum unobstructed width of 19 inches (483 mm) between the side rails. 702.4 Type D in -pool ladders. Type D in -pool ladders shall be in accordance with Sections 702.4.1 through 702.4.7. See Figure 702.4. FIGURE 702.4 TYPICAL IN -POOL LADDER, TYPE D 702.4.1 Clearance. There shall be a clearance of not less than 3 inches (76 mm) and not greater than 6 inches (152 mm) between the pool wall and the ladder. 702.4.2 Handrails or handholds. Ladders shall be equipped with two handrails or handholds that extend above the platform or deck not less than 20 inches (508 mm). 702.4.3 Clear distance. The clear distance between ladder handrails shall be not less than 12 inches (305 mm). 702.4.4 Diameter. The outside diameter of handrails and handholds shall be not less than 1 inch (25 mm) and not greater than 1.9 inches (48 mm). 702.4.5 Riser height. Risers, other than the bottom riser, shall be of uniform height that is not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The 7-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rl-28 e.se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS bottom riser height shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). 702.4.6 Top tread. The vertical distance from the pool coping, deck, or step surface to the uppermost tread shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm) and uniform with other riser heights. 702.4.7 Tread depth. Ladder treads shall have a horizon- tal uniform depth of not less than 2 inches (51 mm). 702.5 Type E protruding in -pool stairs. Type E protruding in -pool stairs shall be in accordance with Sections 702.5.1 through 702.5.7. See Figure 702.5. FIGURE 702.5 TYPICAL IN -POOL STAIRCASE TYPES, E AND F 702.5.1 Barrier required. In -pool stairs shall have a physical barrier to prevent children from swimming through the riser openings or behind the in -pool stairs. 702.5.2 Handrails or handholds. In -pool stairs shall be equipped with not less than one handrail or handhold that serves all treads with a height of not less than 20 inches (508 mm) above the platform or uppermost tread, which- ever is higher. 702.5.3 Removable handrails. Where handrails are removable, they shall be installed such that they cannot be removed without the use of tools. 702.5.4 Leading edge distance. The leading edge of handrails shall be 18 inches (457 mm) f 3 inches (f 76 mm), horizontally from the vertical plane of the bottom riser. 702.5.5 Diameter. The outside diameter of handrails and handholds shall be not less than 1 inch (25 mm) and not greater than 1.9 inches (48 mm). 702.5.6 Tread width and depth. Treads shall have an unobstructed horizontal depth of not less than 10 inches (254 mm) and an unobstructed surface area of not less than 240 square inches (0.15 m2). 702.5.7 Uniform riser height. Risers, other than the bottom riser, shall be of uniform height that is not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The bottom riser height shall be not less than 7 inches (178 nun) and not greater than 12 inches (305 mm). The vertical distance from the pool coping, deck or step surface to the uppermost tread of the stairs shall be the same as the uniform riser heights. 702.6 Type F recessed in -pool stairs. Type F recessed in - pool stairs shall be in accordance with Sections 702.6.1 through 702.6.7. See Figure 702.5. 702.6.1 Barrier required. In -pool stairs shall have a physical barrier to prevent children from swimming through the riser openings or behind the in -pool stairs. 702.6.2 Handrails or handholds. In -pool stairs shall be equipped with not less than one handrail or handhold that serves all treads with a height of not less than 20 inches (508 mm) above the platform or uppermost tread, which- ever is higher. 702.6.3 Removable handrails. Where handrails are removable, they shall be installed such that they cannot be removed without the use of tools. 702.6.4 Leading edge distance. The leading edge of handrails shall be 18 inches (457 mm) f 3 inches (± 76 mm), horizontally from the vertical plane of the bottom riser. 702.6.5 Diameter. The outside diameter of handrails and handholds shall be not less than 1 inch (25 mm) and not greater than 1.9 inches (48 mm). 702.6.6 Tread width and depth. Treads shall have an unobstructed horizontal depth of not less than 10 inches (254 mm) at all points and an unobstructed surface area of not less than 240 square inches (0.15 m2). 702.6.7 Uniform riser height. Risers, other than the bottom riser, shall be of uniform height that is not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The bottom riser height shall be not less than 7 inches (178 mm) and not greater than 12 inches (305 mm). The vertical distance from the pool coping, deck or step surface to the uppermost tread of the stairs shall be the same as the uniform riser heights. SECTION 703 DECKS 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 International Residential Code. 703.2 Cantilevered. The top surface of a cantilevered deck shall be not greater than 1 inch (25 mm) higher than the top of the pool wall. See Figure 703.4. The top surface of a noncantilevered deck shall be not higher than the top of the pool wall. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 7-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) j nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS 101338444 703.3 No gaps. Decks that are installed flush with the top rail of the pool shall have all gap openings between the deck and top rails closed -off or capped. 703.4 Extension over pool. Where a deck extends inside the top rail of the pool, it shall extend not more than 3 inches (76 mm) beyond the inside of the top rail of the pool in accor- dance with Figure 703.4 and shall have a smooth finish. DECK SURFACE�15 INCHES MIN INCH MAX POOL WALL STRUCTUR f3 INCHES MAX For SI: 1 inch = 25.4 mm. FIGURE 703.4 TYPICAL CANTILEVERED DECK SUPPORT 703.5 Slip resistant. The deck walking surface shall be slip resistant. 703.6 Walk -around decks. Walk -around decks shall have a level walking surface of not less than 15 inches (381 mm) in width, as measured from the inside edge of the pool top rail to the outside of the pool walk -around. See Figure 703.6. DECK SURFACE�15 INCHES MINA POOL WALL STRUCTURE For SI: 1 inch = 25.4 mm. FIGURE 703.6 WALK -AROUND DECK WIDTH SECTION 704 CIRCULATION SYSTEM 704.1 General. A circulation system consisting of pumps, hoses, tubing, piping, return inlets, suction outlets, filters and other related equipment that provides for the circulation of water throughout the pool shall be located so that such items cannot be used by young children as a means of access to the pool. 704.2 Installation and support. Circulation equipment shall be installed, mounted and supported in accordance with the manufacturer's instructions. 704.3 Draining the system. In climates subject to freezing, circulation system equipment shall be designed and fabri- cated to drain the pool water from the equipment and exposed piping, by removal of drain plugs and manipulating valves or by other methods in accordance with the manufac- turer's instructions. 704.4 Turnover. A pump including a motor shall be provided for circulation of the pool water. The equipment shall be sized to provide a turnover of the pool water not less than once every 12 hours. The system shall be designed to provide the required turnover rate based on the manufac- turer's specified maximum flow rate of the filter, with a clean media condition of the filter. The system flow shall not exceed the filter manufacturer's maximum filter flow rate. 704.5 Piping and fittings. The process piping of the circula- tion system, including but not limited to hoses, tubing, piping, and fittings, shall be made of nontoxic material and shall be capable of withstanding an internal pressure of not less than "/z times the rated pressure of the pump. Piping on the suction side of the pump shall not collapse when flow into such piping is blocked. 704.6 Filters. Pressure -type filters shall have an automatic internal means or a manual external means to relieve accu- mulated air pressure inside the filter tank. Filter tanks composed of upper and lower tank lids that are held in place by a perimeter clamp shall have a perimeter clamp that provides for a slow and safe release of air pressure before the clamp disengages the lids. 704.6.1 Automatic internal air relief. Filter tanks incor- porating an automatic internal air relief as the principal means of air release shall be designed with a means to provide for a slow and safe release of pressure. 704.6.2 Separation tank. A separation tank used in conjunction with a filter tank shall have a manual air release or the tank shall be designed to provide for a slow and safe release of pressure when the tank is opened. 704.7 Pumps. Pool pumps shall be tested and certified by a nationally recognized testing laboratory in accordance with UL 1081. 704.7.1 Cleanable strainer. Where a pressure -type filter is installed, a cleanable strainer or screen that captures materials such as solids, debris, hair and lint shall be provided upstream of the circulation pump. 7-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24-26ge-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS 704.7.2 Accessible pumps and motors. Pumps and motors shall be accessible for inspection and service in accordance with the pump and motor manufacturer's instructions. 704.7.3 Pump shutoff valves. An accessible means of shut off of the suction and discharge piping for the pump shall be provided for maintenance and removal of the pump. 704.8 Outlets and return inlets. Outlets or suction outlets and return inlets shall be provided and arranged to produce uniform circulation of water so that sanitizer residual is maintained throughout the pool. Where installed, submerged suction outlets shall conform to APSP 16. 704.9 Surface skimmer systems. The surface skimming system provided shall be designed and constructed to skim the pool surface where the water level is maintained between the minimum and maximum fill level of the pool. 704.9.1 Coverage where used as a sole outlet. Where surface skimmers are used as the only pool water outlet system, not less than one skimmer shall be provided for each 800 square feet (74.3 m2), or fraction thereof, of the water surface area. 704.9.2 Coverage where used in combination with other outlets. Where surface skimmers are not the only outlet for pool water, they shall be considered to cover only that fraction of the 800 square feet (74.3 mZ). 704.9.3 Location and venting. Skimmers shall be equipped with a vent that serves as a vacuum break. SECTION 705 SAFETY SIGNS 705.1. Signs to be installed prior to final inspection. Safety signage such as "NO DIVING" signs and other safe use instruction signs that are provided by the pool and ladder manufacturer shall be posted in accordance with the manu- facturer's instructions prior to final inspection. 705.2 Safety signs for ladders. Safety signage for ladders shall be in accordance with Sections 705.2.1 through 705.2.3.2. 705.2.1 A -frame ladders. Safety signage for A -frame ladders shall be in accordance with Sections 705.2.1.1 through 705.2.1.4.1. The words on the signage shall be readable by persons standing in the pool and standing outside of the pool as applicable for the required location of each sign. 705.2.1.1 No diving warning. A -frame ladders shall have the following words posted on the in -pool side of the ladder and on the pool entry side of the ladder: "NO DIVING." The location of the words shall be above the elevation of the design water level of the pool. 705.2.1.2 Entrapment warning. A -frame ladders shall have the following words posted on the pool side of the ladder: "TO PREVENT ENTRAPMENT OR DROWNING DO NOT SWIM THROUGH, BEHIND, OR AROUND LADDER." 705.2.1.3 Type A, A -frame ladders. Type A double access A -frame ladders shall have the following words posted on the ladder: "REMOVE AND SECURE LADDER WHEN POOL IS NOT OCCUPIED." 705.2.1.4 Type B, A -frame ladders. Type B limited access A -frame ladders shall have the following words posted on the ladder: "SECURE LADDER WHEN POOL IS NOT OCCUPIED." 705.2.1.4.1 Swing up or slide up secured ladders. Type B limited access A -frame ladders that utilize swing -up or slide -up sections for limiting access to the pool shall have the following words posted on the ladder as applicable for the type of securing method: "WHEN POOL IS NOT OCCUPIED, SWING UP AND SECURE." "WHEN POOL IS NOT OCCUPIED, LIFT OFF." "WHEN POOL IS NOT OCCUPIED, SLIDE UP AND SECURE." 705.2.2 Type C staircase ladders. Type C staircase ladders that swing up to limit access to the pool or that are removed to limit access to the pool shall have the follow- ing words posted on the ladder: "WHEN NOT IN USE SWING UP AND SECURE OR REMOVE." 705.2.3 Type D in -pool ladder. Safety signage for Type D in -pool ladders shall be in accordance with Sections 705.2.3.1 and 705.2.3.2. The words on the signage shall be readable by persons standing in the pool or standing outside the pool as applicable for the required location of each sign. 705.2.3.1 No diving warning. Type D in -pool ladders shall have the following words posted on the in -pool side of the ladder and on the pool entry side of the ladder: "NO DIVING." The location of the words shall be above the elevation of the design water level of the pool. 705.2.3.2 Entrapment warning. Type D in -pool ladders shall have the following words posted on the ladder: "WARNING: TO PREVENT ENTRAPMENT OR DROWNING, DO NOT SWIM THROUGH, BEHIND, OR AROUND LADDER." 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 7-5 Copyright 0 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2o22 07:26 AM (PDT) 1 2t ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 7-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rlua .se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER CHAPTER 8 PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS User note: About this chapter. Permanent inground residential swimming pools are regulated by Chapter 8. Where diving boards are present, this chapter provides information regarding the minimum diving water dimensions. Requirements for means of entry and exit, decks and circula- tion systems are provided. Special features of these pools such as beach entries, swimouts, diving rocks and architectural features are also regulated by this chapter. SECTION 801 GENERAL 801.1 Scope. The provisions of this chapter shall govern permanent inground residential swimming pools. Permanent inground residential swimming pools shall include pools that are partially or entirely above grade. This chapter does not cover pools that are specifically manufactured for above- ground use and that are capable of being disassembled and stored. This chapter covers new construction, modification and repair of inground residential swimming pools. 801.2 General. Permanent inground residential pools shall comply with the requirements of Chapter 3. SECTION 802 DESIGN 802.1 Materials of components and accessories. The mate- rials 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 International Residential Code. 802.2 Structural design. The structural design and materials shall be in accordance with the International Residential Code. SECTION 803 CONSTRUCTION TOLERANCES 803.1 Construction tolerances. The construction tolerance for dimensions for the overall length, width and depth of the pool shall be f 3 inches (76 mm). The construction tolerance for all other dimensions shall be f 2 inches (51 mm), unless otherwise specified by the design engineer. SECTION 804 DIVING WATER ENVELOPES 804.1 General. The minimum diving water envelopes shall be in accordance with Table 804.1 and Figure 804.1. Nega- tive construction tolerances shall not be applied to the dimensions of the minimum diving water envelopes given in Table 804.1. SECTION 805 WALLS 805.1 General. Walls in the shallow area and deep area of the pool shall have a wall -to -floor transition point that is not less than 33 inches (838 mm) below the design waterline. Above the transition point, the walls shall be within 11 degrees (0.19 rad) of vertical. TABLE 804.1 MININUM DIVING WATER ENVELOPE FOR SWIMMING POOLS DESIGNATED TYPES I-Vb POOLTYPE MINIMUM DEPTHS AT POINT FEET -INCHES MINIMUM WIDTHS AT POINT FEET -INCHES MINIMUM LENGTHS BETWEEN POINTS FEET -INCHES A B C D A B C D WA AB BC CD DE WE I 6-0 7-6 5-0 2-9 10-0 12-0 10-0 8-0 1-6 7-0 7-6 Note a 6-0 28-9 II 6-0 7-6 5-0 2-9 12-0 15-0 12-0 8-0 1-6 7-0 7-6 Note a 6-0 28-9 11I 6-10 8-0 5-0 2-9 12-0 15-0 12-0 8-0 2-0 7-6 9-0 Note a 6-0 31-3 IV 7-8 8-0 5-0 2-9 15-0 18-0 15-0 9-0 2-6 8-0 10-6 Note a 6-0 31-3 V 8-6 9-0 5-0 2-9 15-0 18-0 15-0 9-0 3-0 9-0 12-0 Note a 6-0 36-9 For SI: 1 inch = 25.4 ram, 1 foot = 304.8 mm. a. The minimum length between points C and D varies based on water depth at point D and the floor slope between points C and D. b. See Figure 804.1 for location of points. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 8-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) i 4-29L.Ie-e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS 1 M 338444 Wl MINIMUM WATER SURFACE SHAPE - PLAN VIEW WA -0 AB0-� -- BC CID --W�DE—� 4 WATERLINE 2'-9" A B 3 1� STEEPEST ALLOWABLE SLOPE MINIMUM WATER DEPTHS - SECTION w-e WATERLINE 2 9 SYM SECTION a -a WATERLINE 2� SYM SECTION c-c 2'-3" R (MAX) For SI:1 inch = 25.4 mm, I foot = 304.8 man. 2'- g„ v WATERLINE SECTION b-b e -O"R 2'-9" 6" R (MAX) WATERLINE SYM 2�g„ 6" R (MAX) SECTION d-d FIGURE 804.1 MINIMUM DIVING WATER ENVELOPE 8-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright �) zozo ICC. ALL RIGHTS RESERVED. Accevsed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number a10 1338444 — Aug 26, 20220726 AM (PDT)2, 29 —n Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS SECTION 806 name and address, the date of manufacture, the minimum OFFSET LEDGES diving envelope and the maximum weight limitation. 806.1 Maximum width. Offset ledges shall be not greater 808.5 Slip resistant. Diving equipment shall have slip-resis- than 8 inches (203 mm) in width. tant walking surfaces. 806.2 Reduced width required. Where an offset ledge is located less than 42 inches (1067 mm) below the design waterline, the width of such ledge shall be proportionately less than 8 inches (203 mm) in width so as to fall within 11 degrees of vertical as measured from the top of the design waterline. SECTION 807 POOL FLOORS 807.1 Floor slopes. Floor slopes shall be in accordance with Sections 807.1.1 through 807.1.3. 807.1.1 Shallow end. The slope of the floor from the beginning of the shallow end to the deep area floor slope transition point, indicated in Figure 804.1 as Point E to Point D, shall not exceed 1 unit vertical in 7 units horizontal. 807.1.2 Shallow to deep transition. The shallow to deep area floor slope transition point, indicated in Figure 804.1 as Point D, shall occur at a depth not less than 33 inches (838 mm) below the design waterline and at a point not less than 6 feet (1829 mm) from the beginning of the shal- low end, indicated in Figure 804.1 as Point E, except as specified in Section 809.7. 807.1.3 Deep end. The slope of the floor in the deep end, indicated in Figure 804.1 as Point B to Point D, shall not exceed a slope of 1 unit vertical in 3 units horizontal (33- percent slope). 807.2 Shallow end water depths. The design water depth as measured at the shallowest point in the shallow area shall be not less than 33 inches (838 mm) and not greater than 4 feet (1219 mm). Shallow areas designed in accordance with Sections 809.6, 809.7 and 809.8 shall be exempt from the minimum depth requirement. SECTION 808 DIVING EQUIPMENT 808.1 Manufactured and fabricated diving equipment. Manufactured and fabricated diving equipment shall be in accordance with this section. Manufactured and fabricated diving equipment and appurtenances shall not be installed on a Type O pool. 808.2 Manufactured diving equipment. Manufactured diving equipment shall be designed for swimming pool use. 808.3 Installation. Where manufactured diving equipment is installed, the installation shall be located in the deep area of the pool so as to provide the minimum dimensions as shown in Table 804.1 and shall be installed in accordance with the manufacturer's instructions. 808.4 Labeling. Manufactured diving equipment shall have a permanently affixed label indicating the manufacturer's 808.6 Point A. For the application of Table 804.1, Point A shall be the point from which all dimensions of width, length and depth are established for the minimum diving water envelope. If the tip of the diving board or diving platform is located at a distance of WA or greater from the deep end wall and the water depth at that location is equal to or greater than the water depth requirement at Point A, then the point on the water surface directly below the center of the tip of the diving board or diving platform shall be identified as Point A. 808.7 Location of pool features in a diving pool. Where a pool is designed for use with diving equipment, the location of steps, pool stairs, ladders, underwater benches, special features and other accessory items shall be outside of the minimum diving water envelope as indicated in Figure 322.2. 808.8 Stationary diving platforms and diving rocks. Stationary diving platforms and diving rocks built on -site shall be permitted to be flush with the wall and shall be located in the diving area of the pool. Point A shall be in front of the wall at the platform or diving rock centerline. 808.9 Location. The forward tip of manufactured or fabri- cated diving equipment shall be located directly above Point A as defined by Section 808.6. 808.10 Elevation. The maximum elevation of a diving board above the design waterline shall be in accordance with the manufacturer's instructions. 808.11 Minimum water envelope. Manufactured diving equipment installation and use instructions shall be provided by the diving equipment manufacturer and shall specify the minimum water dimensions required for each diving board and diving stand combination. The board manufacturer shall indicate the water envelope type by dimensionally relating their products to Point A on the water envelopes as shown in Figure 804.1 and Table 804. L The board manufacturer shall specify which boards fit on the design pool geometry types as indicated in Table 804.1. 808.12 Platform height above waterline. The height of a stationary diving platform or a diving rock above the design waterline shall not exceed the dimensions in Table 808.12. TABLE 808.12 DIVING PLATFORM OR APPURTENANCE HEIGHT ABOVE DESIGN WATERLINE POOL TYPE HEIGHT INCHES I 42 II 42 III 50 IV 60 V 69 For SI: I inch = 25.4 mm. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 8-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) i' 4-Me-e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS 101338444 808.13 Headroom above the board. The diving equipment manufacturer shall specify the minimum headroom required above the board tip. SECTION 809 SPECIAL FEATURES 809.1 Slides. Slides shall be installed in accordance with the manufacturer's instructions. 809.2 Entry and exit. Pools shall have a means of entry and exit in all shallow areas where the design water depth of the shallow area at the shallowest point exceeds 24 inches (610 mm). Entries and exits shall consist of one or a combination of the following: steps, stairs, ladders, treads, ramps, beach entries, underwater seats, benches, swimouts and other approved designs. The means of entry and exit shall be located on the shallow side of the first slope change. 809.3 Secondary entries and exits. Where water depth in the deep area of a pool exceeds 5 feet (1524 mm), a means of entry and exit as indicated in Section 809.2 shall be provided in the deep area of the pool. Exception: Where the required placement of a means of exit from the deep end of a pool would present a potential hazard, handholds shall be provided as an alternative for the means of exit. 809.4 Over 30 feet in width. Pools over 30 feet (9144 mm) in width at the deep area shall have an entry and exit on both sides of the deep area of the pool. 809.5 Pool stairs. The design and construction of stairs into the shallow end and recessed pool stairs shall conform to Sections 809.5.1 through 809.5.3. 809.5.1 Tread dimension and area. Treads shall have a minimum unobstructed horizontal depth of 10 inches (254 mm) and a minimum unobstructed walking surface area of 240 square inches (0.15 m2). 809.5.2 Riser heights. Risers, other than the top and bottom riser, shall have a uniform height of not greater than 12 inches (305 mm). The top riser height shall be any dimension not exceeding 12 inches (305 mm) for the width of the walking surface. The bottom riser height shall be any dimension not exceeding 12 inches (305 mm). The top and bottom riser heights shall not be required to be equal to each other or equal to the uniform riser height. Riser heights shall be measured at the hori- zontal centerline of the walking surface area. 809.5.3 Additional steps. In design water depths exceed- ing 48 inches (1219 mm), additional steps shall not be required. 809.6 Beach and sloping entries. The slope of beach and sloping entries used as a pool entrance shall not exceed 1 unit vertical in 7 units horizontal (14-percent slope). 809.7 Steps and sloping entries. Where steps and benches are used in conjunction with sloping entries, the vertical riser distance shall not exceed 12 inches (305 mm). For steps used in conjunction with sloping entries, the requirements of Section 809.6 shall apply. 809.8 Architectural features. Surfaces of architectural features shall not be required to comply with the 1 unit verti- cal in 7 units horizontal (14-percent slope) slope limitation. 809.9 Maximum depth. The horizontal surface of underwa- ter seats, benches and swimouts shall be not greater than 20 inches (508 mm) below the design waterline. SECTION 810 CIRCULATION SYSTEMS 810.1 Turnover rate. The circulation system equipment shall be sized to provide a turnover of the pool water not less than once every 12 hours. The system shall be designed to provide the required turnover rate based on the manufac- turer's specified maximum flow rate of the filter, with a clean media condition of the filter. 810.2 Strainer required. Pressure filter systems shall be provided with a strainer located between the pool and the circulation pump. SECTION 811 SAFETY FEATURES 811.1 Rope and float. In pools where the point of first slope break occurs, a rope and float assembly shall be installed across the width of the pool. The rope assembly shall be located not less than 1 foot (305 mm) and not greater than 2 feet (610 mm) towards the shallow side of the slope break. Rope anchoring devices shall be permanently attached to the pool wall, coping or deck. Rope ends shall attach to the rope anchor devices so that the rope ends can be disconnected from the rope anchor device. 8-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24 2".se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER CHAPTER 9 PERMANENT RESIDENTIAL SPAS AND PERMANENT RESIDENTIAL EXERCISE SPAS User note: About this chapter: Chapter 9 regulates permanent residential spas and exercise spas by reference to Chapter 5 and exempting certain sections of that chapter as those regulations are not needed for a residential setting. SECTION 901 GENERAL 901.1 Scope. This chapter shall govern the design, installa- tion, construction and repair of permanently installed residential spas and exercise spas intended for residential use. 901.2 General. Permanent residential spas and permanent residential exercise spas shall comply with Chapter 5 except that Sections 504.1, 504.1.1, 508.1 and 509 shall not apply. Such spas shall comply with the requirements of Chapter 3. SECTION 902 SAFETY FEATURES 902.1 Instructions and safety signage. Instructions and safety signage shall comply with the manufacturer's recom- mendations and the requirements of the local jurisdiction. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 9-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) i' 4-295ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 9-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2rl 29&.se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 10 PORTABLE RESIDENTIAL SPAS AND PORTABLE RESIDENTIAL EXERCISE SPAS User note: About this chapter. Chapter 10 regulates portable residential spas and exercise spas by requiring compliance with product standards. SECTION 1001 GENERAL 1001.1 Scope. This chapter shall govern the installation, alteration and repair of portable residential spas and portable exercise spas intended for residential use. 1001.2 General. In addition to the requirements of this chap- ter, portable residential spas and portable residential exercise spas shall comply with the requirements of Chapter 3. 1001.3 Listing. Equipment and appliances shall be listed and labeled, and installed as required by the terms of their approval, in accordance with the conditions of the listing, the manufacturer's instructions and this code. Manufacturer's instructions shall be available on the job site at the time of inspection. 1001.4 Certification. Factory -built portable spas and porta- ble exercise spas installed in residential applications shall be listed and labeled in compliance with UL 1563 or CSA C22.2 No. 218.1. 1001.5 Installation. Spa equipment shall be supported to prevent damage from misalignment and settling in accor- dance with the manufacturer's instructions. 1001.6 Access. Electrical components that require placement or servicing shall be accessible. 1001.7 Instructions and safety signage. Instructions and safety signage shall comply with UL 1563 or CSA C22.2 No. 218.1, the manufacturer's recommendations, and the requirements of the local jurisdiction. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" 10-1 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2D22 07:26 AM (PDT) 24- \7''T-e Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 10-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2 j-298-ae Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 CHAPTER 11 REFERENCED STANDARDS User note: About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide require- ments for materials and methods of construction. Chapter 11 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. AIIRI Air Conditioning, Heating & Refrigeration Institute 2311 Wilson Boulevard, Suite 400 Arlington, VA 22201 400 (I-P)-2015: Performance Rating of Liquid to Liquid Heat Exchangers Table 316.2(1) 1160 (I-P)-2014: Performance Rating of Heat Pump Pool Heaters with Addendum 1) Table 316.2(1) ANSIAmerican National Standards Institute 25 West 43rd Street, 4th Floor New York, NY 10036 A108/All8/A136.1-2019: Specifications for Installation of Ceramic Tile Table 307.2.2 Z21.56a/CSA 4.7-2017: Gas Fired Pool Heaters Table 316.2(1) APSP Pool & Hot Tub Alliance (formerly The Association of Pool & Spa Professionals) 2111 Eisenhower Avenue, Suite 500 Alexandria, VA 22314 ANSI/APSP/ICC 4-2012: American National Standard for Aboveground/Onground Residential Swimming Pools —Includes Addenda A Approved April 4, 2013 702.2.1 ANSI/PHTA/ICC 7-2020: American National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins 310.1 ANSI/APSP/ICC 14-2019: American National Standard for Portable Electric Spa Energy Efficiency 303.2 ANSI/APSP/ICC 15-2011: American National Standard for Residential Swimming Pool and Spa Energy Efficiency Includes Addenda A Approved January 9, 2013 303.3 ANSI/APSP/ICC 16-2017: American National Standard for Suction Outlet Fitting (SOFA) for Use in Pools, Spas, and Hot Tubs 202, 311.4.1, 311.4.4, 505.2.1, 612.4.2 ANSI/APSP/ICC/NPC 12-2016: American National Standard for the Plastering of Swimming Pools and Spas 307.2.5 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) i' 4-299ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 REFERENCED STANDARDS ASCE/SEI American Society of Civil Engineers Structural Engineering Institute 1801 Alexander Bell Drive Reston, VA 20191-4400 ASCE 24-14: Flood Resistant Design & Construction 304.3 ASHRAE ASHRAE 1791 Tullie Circle NE Atlanta, GA 30329 62.1-2019: Ventilation for Acceptable Air Quality 325.1 ASME American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 A112.1.2-2012(R2022): Air Gaps in Plumbing Systems (For Plumbing Fixtures and Water -connected Receptors) 318.2 B16.15-2013: Cast Alloy Threaded Fittings: Classes 125 and 250 Table 311.4.1 ASTM ASTM International 100 Barr Harbor, P.O. Box C700 West Conshohocken, PA 19428-2959 A182/A182M-2018A: Standard Specification for Forged or Rolled Alloy and Stainless Steel Pipe Flanges, Forged Fittings, and Valves and Parts for High -temperature Service Table 311.4.1 A240/A240M-17: Standard Specification for Chromium and Chromium -nickel Stainless Steel Plate, Sheet and Strip for Pressure Vessels and for General Applications Table 307.2.2 A312/A312M-2018: Standard Specification for Seamless, Welded, and Heavily Cold Worked Austenitic Stainless Steel Pipes Table 311.4 A403/A403M-2018A: Standard Specification for Wrought Austenitic Stainless Steel Piping Fittings Table 311.4.1 B88-2016: Standard Specification for Seamless Copper Water Tube Table 311.4 B447-12a: Specification for Welded Copper Tube Table 311.4 D1527-99(2005): Specifications for Acrylonitrile Butadiene Styrene (ABS) Plastic Pipe, Schedules 40 and 80 Table 311.4, Table 311.4.1 D1593-13: Standard Specification for Nonrigid Vinyl Chloride Plastic Film and Sheeting Table 307.2.2 D1785 15E1: Specification for Poly Vinyl Chloride (PVC) Plastic Pipe, Schedules 40,80 and 120 Table 311.4 D2241-15: Standard Specification for Poly (Vinyl Chloride) (PVC) Pressure -rated Pipe (SDR Series) Table 311.4 D2464-15: Standard Specification for Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 Table 311.4.1 D2466-2017: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 Table 311.4.1 D2467-15: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 Table 311.4.1 11-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2 10Wi e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER REFERENCED STANDARDS ASTM—continued D2672-14: Standard Specification for Joints for IPS PVC Pipe Using Solvent Cement Table 311.4 D2846/D2846M-2017BE1: Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Hot- and Cold -Water Distribution Systems Table 311.4, Table 311.4.1 F437-15: Standard Specification for Threaded Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80 Table 311.4.1 F438-2017: Standard Specification for Socket -type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40 Table 311.4.1 F439-13: Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80 Table 311.4.1 F1346-1991(2018): Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 305.1, 305.4 CP S C Consumer Product Safety Commission 4330 East-West Highway Bethesda, MD 20814 16 CFR Part 1207-04: Safety Standard for Swimming Pool Slides 406.10 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 B137.2-17: Polyvinylchloride (PVC) Injection -moulded Gasketed Fittings for Pressure Application Table 311.4, Table 311.4.1 B137.3-17: Rigid Polyvinylchloride (PVC) Pipe and Fitting and Pressure Applications Table 311.4, Table 311.4.1 B137.6-17: Chlorinated Polyvinylchloride (CPVC) Pipe, Tubing, and Fitting for Hot- and Cold -water Distribution Systems Table 311.4, Table 311.4.1 C22.2 No. 108-14: Liquid Pumps 313.8 C22.2 No. 218.1-13 (2017): Spas, Hot Tubs and Associated Equipment 302.3, 309.1, 310.1, 313.8, Table 316.2(1), 317.2, 509.1, 1001.4, 1001.7 C22.2 No. 236-15: Heating and Cooling Equipment Table 316.2(1) Z21.56a/CSA 4.7-2017: Gas Fired Pool Heaters Table 316.2(1) IAPMO IAPMO Z124.7-2013: Prefabricated Plastic Spa Shells TABLE 307.2.2 ICC IBC-21: International Building Code® 201.3, 304.2, 306.1, 307.2, 410.1 IAPMO 4755 E. Philadelphia Street Ontario, CA 91761-USA International Code Council, Inc. 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 11-3 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2,1410.4ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER REFERENCED STANDARDS ICC—continued ICC 901/SRCC 100-2020: Solar Thermal Collector Standard 316.6.2 ICC 902/APSP/SRCC 400-2020: Solar Pool and Spa Heating System Standard Table 316.2(2) ICC A117.1-2017: Accessible and Usable Buildings and Facilities 307.1.4 IECC-21: International Energy Conservation Code® 201.3, 316.4 IFC-21: International Fire Code® 201.3 IFGC-21: International Fuel Gas Code® 201.3, 316.4 IMC-21: International Mechanical Code® 201.3, 316.4 IPC-21: International Plumbing Code® 201.3, 302.2, 302.5, 302.6, 306.8, 318.2, 410.1 IRC-21: International Residential Code® 102.7.1, 201.3, 302.1, 302.5, 302.6, 304.2, 306.1, 306.3, 306.8, 307.2, 316.4, 318.2, 321.2.1, 321.4, 703.1, 802.1, 802.2 NEMA NEMA Z535-2017: ANSI/NEMA Color Chart 409.3 NFPA NFPA 70-2020: National Electrical Code 302.1, 316.4, 321.2.1, 321.4 NSF National Electrical Manufacturers Association 1300 North 17th Street Suite 900 Rosslyn, VA 22209 National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 NSF International 789 N. Dixboro Road P.O. Box 130140 Ann Arbor, MI 48105 NSF 14-2017: Plastics Pumping Systems Components and Related Materials 302.3, 311.4 NSF 50-2017: Equipment for Swimming Pools, Spas, Hot Tubs, and Other Recreational Water Facilities 302.3, 309.2, Table 316.2(1), 508.1, 612.5.4 UL UL LLC 333 Pfingsten Road Northbrook, IL 60062 372-2007: Automatic Electrical Controls for Household and Similar Use —Part 2: Particular Requirements for Burner Ignition Systems and Components —with revisions through July 2012 506.2.1, 506.2.2 873-2007: Temperature -indicating and Regulating Equipment —with revisions through February 2015 506.2.1, 506.2.2 1004-1-12: Rotating Electrical Machines General Requirements —with August 2018 313.8 11-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 24ua602ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER REFERENCED STANDARDS UL—continued 1081-2016: Swimming Pool Pumps, Filters and Chlorinators —with revisions through October 2017 313.8 1261-2016: Standard for Electric Water Heaters for Pools and Tubs —with revisions through September 2017 Table 316.2(1) 1563-2009: Electric Spas Equipment Assemblies and Associated Equipment —with revisions through October 2017 302.3, 309.1, 310.1, 313.8, Table 316.2(1), 317.2, 509.1, 1001.4, 1001.7 1995-2015: Heating and Cooling Equipment —with revisions through August 2018 Table 316.2(1) 2017-2008: General-purpose Signaling Devices and Systems —with revisions through January 2018 305.4 60335-2-100: Standard for Household and Similar Electrical Appliances: Particular Requirements f or Electrically Powered Pool Lifts, with revisions through September 29, 2017 307.1.4 UL/CSA 60335-2-40-17: Standard for Safety for Household and Similar Electrical Appliances — Safety — Part 2-40: Particular Requirements f or Electrical Heat Pumps, Air -Conditioners and Dehumidifiers Table 316.2(1) 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° 11-5 Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2`I-j?03ense Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 11-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2 l-3194.se Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 APPENDIX A BOARD OF APPEALS SECTION A101 GENERAL [Al AlOLl Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applica- tions for modification of the requirements of this code pursuant to the provisions of Section 111. The board shall be established and operated in accordance with this section and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. [A] A101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. [Al A101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code. [Al A101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board. [Al A101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each new member shall serve for [NUMBER OF YEARS] years or until a successor has been appointed. The board member's terms shall be staggered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board. [A] A101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. [A] A101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifica- tions required for board membership, and shall be appointed for the same term or until a successor has been appointed. [A] A101.3.3 Vacancies. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. [A] A101.3.4 Chairperson. The board shall annually select one of its members to serve as chairperson. [A] A101.3.5 Secretary. The chief appointing authority shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings that shall set forth the reasons for the board's decision, the vote of each member, the absence of a member and any failure of a member to vote. [A] A101.3.6 Conflict of interest. A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters. [A] A101.3.7 Compensation of members. Compensa- tion of members shall be determined by law. [A] A101.3.8 Removal from the board. A member shall be removed from the board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the board may be removed at the discretion of the chief appointing authority. [A] A101.4 Rules and procedures. The board shall estab- lish policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented. [A] A101.5 Notice of meeting. The board shall meet, upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic intervals. [A] A101.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. [A] A101.5.2 Quorum. Three members of the board shall constitute a quorum. [A] A101.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. [A] A101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consider- ation. Members shall be represented by legal counsel at the jurisdiction's expense in all matters arising from service within the scope of their duties. [A] A101.7 Board decision. The board shall only modify or reverse the decision of the code official by a concurring vote of three or more members. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° APPENDIX A-1 Copyright O zozo ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (dhai@newportbeachca.gov),(City of Newport Reach)Order Numberutot338444 on Aug zs, 2022 07:26 AM (PDT) � ense Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 APPENDIX A -BOARD OF APPEALS [Al A101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within 3 days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant's representative and to the code official. [A] A101.7.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] A101.8 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. APPENDIX A-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE" Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2oz2 07:26 AM (PDT) 24ua306ense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 1 M 338444 INDEX A ACCESSIBILITY ..............104.9, 108.2, 307.1.4, 307.1.4, 401.5 ACCESSIBLE ............110.1, 202, 303.1.1, 306.9, 313.4, 314.5, 504.1, 612.5.1, 704.7.2, 704.7.3, 1001.6 ACTIVITY POOL ............................ 202 ADDITIONS...............................102.4 AIR BLOWER ........ 313.7, 317, 317.2, 317.5, 504.1 AIR INDUCTION SYSTEM ...........202, 317, 317.4 ALARM ............ 305.4, 305.4, 324.8.1.1, 324.8.2, 324.9, 324.9.2, 504.1.1, 504.1.1 ALTERATION ............101.2, 102.4, 102.4, 102.5, 104.2, 108.5, 110.3, 113.2, 202, 324.10, 401.2, 406.9, 1001.1 ALTERNATIVES..........................104.10 APPEALS ................ 104.8, 110, 111.1, 111.3, Appendix A, A101.1, A101.2.2, A101.3.2 APPLICATION ...............102.7.1, 102.10, 104.1, 104.2, 104.7, 104.9, 104.12.2, 105.1, 105.2, 105.3, 105.4, 105.4.5, 106.1, 108.3, 110.2, 111.1, 111.2, 301.1.1, 402.5, 506.2, 808.6, 1001.4, A101.1, A101.2, A101.8 APPROVAL, ALTERNATIVE DESIGN ....... 104.12.5 APPROVED.......... 102.4, 104.4, 104.10, 104.11.2, 104.12.2, 104.12.5, 104.13, 105.4.1, 106.2, 110.1, 110.7, 110.9,110.12.1,110.12.2,113.2, 113.4, 202, 302.2, 303.1.3, 305.4, 305.7, 306.6, 307.1.2.1, 320.1, 320.2, 324.8.2.3, 402.10, 503.1, 809.2 APPROVED AGENCY ....................... 202 AQUATIC RECREATION FACILITY ........ 202, 608.2 AUTOMATIC CONTROLLER .................508.1 0 BACKFLOW ...................302.5, 317.2, 318.2 BACKWASH ........................ 302.6, 320.1 BACKWASH CYCLE ........................ 202 BARRIER ................. 202, 305, 305.1, 305.1.1, 305.2, 305.2.1, 305.2.2, 305.2.3, 305.2.4, 305.2.5, 305.2.6, 305.2.9, 305.3, 305.3.3, 305.3.4, 305.4, 305.5, 305.6, 305.7, 305.8, 324.8, 607, 607.1, 702.2.1, 702.5.1, 702.6.1 Building structure wall as ................... 305.4 Chain link..............................305.2.7 Clear zone outside of.....................305.2.9 Height.................................305.2 Indentations in solid type ..................305.2.3 Member spacing in ........305.2.5, 305.2.6, 305.2.8 Mesh fence............................305.2.4 Natural............................305.6, 305.7 Onground pool wall serving as .............. 305.5 Openings in............................305.2.2 Outdoor pools and spas ................... 305.2 Setback from pool or spa ................ 305.2.4.1 Where not required ....................... 305.1 BATHER..................202, 314.4.1, 403, 403.1, Table 403.1, 603.2, 605.3, 609.2.1, 609.2.2, 609.3.2, 610.8, 610.8.1 BATHER LOAD .....................202, 403, 608 BEACH ENTRY ...............411.1.2, 610.4, 809.6 C CHEMICAL FEEDER ............... 202, 319.2, 508 CHEMICAL STORAGE SPACE ........... 202, 324.7, 324.7.1, 324.8, 324.8.1, 324.8.1.1, 324.8.2, 324.8.2.1, 324.8.2.2, 324.8.2.3, 324.11, 324.12 CIRCULATION EQUIPMENT ........ 202, 407.2, 704.2 CIRCULATION SYSTEM ................101.2, 202, 307.2.1.1, 309.2, 311, 405.1, 405.6, 407, 604, 612.6, 704, 810 CLOCK .................................. 509.4 CODE OFFICIAL ............................202 COLORS ................................ 307.1.2 CONSTRUCTION DOCUMENTS...... 104.2, 106, 202 CONSTRUCTION TOLERANCE ............ 305.2.3, 308.4, 401.4, Table 401.4, 604.1, 803, 803.1, 804.1 CONTROLS .............. 316.4.2, 324.8.2.2, 506.2, 506.2.1, 506.2.2, 508.1, 612.5.3 COPPER ALLOY ...................... 202, 311.3 COVER .................... 303.1.3, 505.2.2, 509.2 DECK.....................................202 DECKS Around diving equipment ................... 406.3 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° INDEX-1 ' I ' Copyright l zoz0 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 2022072, 36 AM (PDT)2L7—e I ' 1 Agreement with ICC. No further [,production, no forth,[ tgmd-tim,a by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338444 Concrete ............................... 306.7 Edges ................................. 306.8 Gaps in ................................ 306.6 Slope .................................. 306.5 Vertical distance to waterline ................ 405.5 DEEP AREA ............... 202, 308.1, Table 401.4, 402.3, Table 403.1, 411.1.3, 411.1.4, 411.5.2, Table 608.1, 610.6, 610.7.3, 701.3.1, 805.1, 807.1.1, 807.1.2, 808.3, 809.4 DEFINITIONS .......................... Chapter 2 In other International Codes ................ 201.3 Not defined ............................. 201.4 Purpose ................................ 201.1 DEPUTY, CODE OFFICIAL .................. 103.3 DESIGN Beach pool .......................... 307.2.1.1 Dimensions...............................308 General ................................ 307.1 Structural .............................. 307.2.2 DESIGN PROFESSIONAL ............. 202, 402.10, 407.3, 407.3.1 DESIGN RATE OF FLOW ........ 202, 312.2, 314.3.1 DESIGN WATERLINE ............ 202, 308.4, 323.1, 323.1.1, 402.9, 402.10, 503.1, 503.2, 509.3.3, 805.1, 806.2, 807.1.2, 808.10, 808.12, Table 808.12, 809.9 DIVING AREA ................. Table 401.4, 402.7, Table 403.1, 808.8 DIVING BOARD........... 406.6, Table 608.1, 808.6 DIVING ENVELOPE ............. 411.1.5, 804, 808.4 DIVING EQUIPMENT .....................402, 808 DIVING PLATFORM ..................402.5, 808.8 DIVING STAND ..............402.3, 406.8.1, 808.11 DOCUMENTS Construction .................... 104.2, 106, 202 DOORS ............ 305.3, 305.3.1, 305.3.2, 305.3.3, 305.4, 324.7.1, 324.7.2, 324.7.2.1, 324.8, 324.8.1.1 DRAINAGE Deck ........................ 306.5, Table 306.5 Sanitary ........................... 302.2, 302.6 C ELECTRICAL .................. 302.1, 304.5, 309.1 ENERGY CONSUMPTION .................. 303.1 ENFORCEMENT AGENCY .................. 103.1 ENGINEERED DESIGN .................... 104.12 ENTRAPMENT .............................. 310 ENTRY Right of ................................. 104.6 EQUALIZER .............................. 315.5 EQUIPMENT Circulation .............................. 309.2 Electrically operated ....................... 309.1 Installation of ......................... 307.2.2.1 Reuse.................................104.13 Treatment ............................... 309.2 EQUIPMENT ROOM.......... 202, 324, 324.2, 324.3, 324.5, 324.6, 324.7.1, 324.7.2, 324.7.2.1, 324.9, 324.9.2 EXERCISE SPA ....................Chapter 9, 202 EXISTING POOL OR SPA ................... 102.2 EXIT ..... 323.2.4, 411.1, 610.1, 611.5.4, 702.1, 809.2 F FEATURES In diving pool ............................ 808.7 FEES ................................ 104.7,108 FENCE (See Barrier) ........ 202, 305.2.4, 305.2.4.1, 305.2.5, 305.2.7, 611.2 FILTER Backwash from ..................... 302.6, 320.2 Design.................................312.2 Freeze protection ....................... 307.2.3 System .................................. 312 Air release ...................... 312.3.1, 408 Pressure type .................... 312.3, 313.3 Separation tank for .................... 312.3.2 FILTRATION ................. 312.2, 407.4, 612.5.2, 612.5.3, 612.5.4 FINISHES .............................. 307.1.2 FIRST AID .............................. 409.4.3 FITTINGS Pipe ...... 302.2, 302.3, 311.4, Table 311.4.1, 704.5 FLOATING DEVICES ....................... 610.8 FLOOD HAZARD AREA ..................... 304 FLOTATION ....................... 304.4, 409.4.2 FLOTATION TANK ....................... 101.2.1 FLOW RATE Measurement ............................ 311.7 FLUME ............................ 202, 407.3.1 FREEZE PROTECTION ....... 307.2.3, 311.4.3, 704.1 G GATE Double leaf ............................ 305.3.2 Latch ................................ 305.3.3 INDEX-2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a101338444 on Aug 26, 2022 o726 AM (PDT)2, ,30&- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 101338444 Pedestrian...............................611.2 Utility ................................. 305.3.1 GAUGES.................................311.6 GLAZING ............................... 307.1.1 GROUND FAULT ..........................304.5 GUARDRAIL ............................ 406.8.5 GUTTER ........ 311.4.1, Table 401.4, 409.2.2, 604.3 I:I JOINTS Concrete ............................... 306.6 JUMP BOARD...........................406.8.1 JURISDICTION........... 101.1, 102.5, 102.6, 103.2, 103.3, 104.8, 104.8.1, 104.11, 105.4.2, 110.1, 111.3, 113.3, 113.5, 114.4, 202, 304.2.1, 304.2.2, 503.1, 509.1, 509.2, 610.4, 902.1, 1001.7, A101.1, A101.3 HAIR AND LINT STRAINER ........... 313.3, 704.7.1 L HANDHOLD ............... 305.2.3, 322.3.2, 323.1, LABELED ............... 202, 302.3, 305.4, 307.1.4, 323.1.1, 323.1.2, 323.1.3, 409.1, 605.1, 702.2.3, 702.2.4, 307.2, 309.1, 309.2, 310.1, 311.4, 702.3.1, 702.3.2, 702.4.2, 702.4.4, 311.4.1, 311.4.4, 315.2, 316.2, 316.6.2, 702.5.2, 702.5.5, 702.6.2, 321.2.1, 324.7, 502.1, 505.2.1, 508.1, 702.6.5, 809.3 612.5.4, 1001.3, 1001.4 HANDHOLDS .............. 322.3.2, 323.1, 323.1.1, LADDER ..... 322, 402.6, 601.2, 610, 702, 808.7, 809.2 323.1.2, 323.1.3, 409, 409.1, LATCH..........................305.2.4, 305.3.2 605, 605.1, 702.2.3, 702.2.41 LAWS ................................... 102.9 702.3.1, 702.3.2; 702.4.2; LEGAL DEFENSE ........................104.8.1 702.4.4, 702.5.2, 702.5.5, LIFELINE ................................ 603.3 702.6.2, 702.6.5, 809.3 LIFESAVING EQUIPMENT .................. 409.4 HANDRAIL ................ 306.4, 322.3.2, 322.4.3, LIFTS ................306.9.1, 307.1.4, 411.1, 809.2 323.2, 323.2.1, 323.2.2; 323.2.3; LIGHTING..................................321 323.2.4, 323.2.5; 402.13, 411.3.2, LINER ................................... 701.4 702.2.2, 702.2.3, 702.2.4, 702.2.5, LISTED ................. 202, 302.3, 305.4, 307.1.4, 702.3.1, 702.3.2, 702.4.2, 702.4.3, 702.4.4, 702.5.2, 702.5.3, 702.5.4, 307.2, 309.1, 309.2, 310.1, 311.4, 702.5.5, 702.6.2, 702.6.3, 311.4.1; 311.4.4; 315.2, 316.2, 316.6.2; 702.6.4, 702.6.5 321.2.1, 324.7, 324.7.1, 324.8.2.3, HEATER ........... 303.1.1, 303.2, 316, 506, 609.3.2 502.1, 505.2.1, 506.2.1, 508.1, 612.5.4, 1001.3, 1001.4 HISTORIC................................102.5 LIABILITY ................................ 104.8 HOSE BIBB ............................. 306.9.1 LOCKING DEVICE ......................... 305.3 HYDROTHERAPY JET ......................504.2 1 M MAIN DRAIN ............................. 321.2Marker IDENTIFICATION, CODE OFFICIAL ...........104.5 ILLUMINATION (see also LIGHTING) ..........321.2 Distribution ........................... 409.2.7 INDOOR AQUATIC FACILITY ..........202, 324.7.1, depth ....................409.2, 509.3, 603 324.7.2, 324.7.2.1 Letters..............................409.2.8 INSPECTION ........................ 104.4, 110.1 No diving 409.3, 509.2 INTENT..................................101.4 Position ......................409.2.4, 509.3.3 INTERACTIVE WATER PLAY FEATURES .......202, Readability 409.2.4, 509.3.3 612, 612.1, MAINTAINED ILLUMINATION.......... 202, 321.2.2, 612.4.1, 612.5.1 321.2.3 ISOLATION JOINT .........................306.6 MAINTENANCE ......................102.3, 302.8 MANUALS..............................302.8.1 J MATERIALS JETS....................................302.3 Beach pool area ...................... 307.2.1.1 Compatibility ......................... 307.2.1.2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° INDEX-3 Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone. Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 on Aug 26, 20220726 AM (PDT)2, 3&ense I ' 1 ' I ' Agreement with ICC. No further reproduction, no further reproductions ord. Slagle user only, copying and networking prohibited. ANY UNAUTHORIZED by any third party, or distribution authorized. REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 1 M 338444 Reservoir or shell .................. Table 307.2.2 Reuse ................................ 104.13 Suitability .............................. 307.2.1 MODIFICATIONS .......................... 104.9 MOST RESTRICTIVE ...................... 102.1 MOTOR ......................... 313, 502.1, 504 T NEGATIVE EDGE ...........................202 NONENTRY AREA ........................ 405.2 NOTICES ................................ 104.3 NOZZLES ................................ 603.4 L OCCUPANT LOAD (CAPACITY) ............. 608.1 ONGROUND STORABLE POOL ... 202, 302.3, 308.2, 311.1, 312.1, 313.1, 313.7, 314.4, 315.1, 701.1, 701.4, 701.5 OVERFLOW GUTTER ........................202 OWNER ........... 102.3, 104.6, 104.9, 105.1, 105.2, 109.3, 113.6.2, 114.2, 202 PATTERNS.............................307.1.2 PERMIT ............... 104.2, 104.7, 104.12.2, 105, 105.1, 105.2, 105.3, 105.4, 105.4.1, 105.4.2, 105.4.3, 105.4.4, 105.4.5, 106.1, 108.1, 108.2, 108.3, 108.4, 108.5, 109.1, 110.1, 110.2, 110.5, 110.8, 110.13, 110.15, 113.2, 113.4, 202, 305.6, 308.2 PERMITS Application for ........................... 105.2 Expiration.............................105.4.3 Extension .............................. 105.4.4 Issuance ............................... 105.4 Suspension............................105.4.5 Validity ................................ 105.4.1 When Required .......................... 105.1 PIPING Concealed in trenches ..................... 302.4 POLE..................................409.4.1 POOL Activity...................................202 Beach entry ...............................202 Definition.................................202 PORTABLE SPA .......................... 303.2 POWER, CODE OFFICIAL .................. 104.1 POWER SAFETY COVER ................... 305.1 PUBLIC SWIMMING POOL (Public Pool)........ 202 PUMP ........................... 313, 316.2, 504 R RECESSED TREADS .............. 202, 322, 322.1, 322.4, 322.4.1, 322.4.2, 322.4.3, 411.1.3, 610.2 RECIRCULATION SYSTEM .............. 202, 311.3 RECORDS ............................... 104.7 REFERENCED CODES OR STANDARDS ..... 102.7, 102.7.1, Chapter 11 REFERENCED NUMBERS IN SECTIONS ..... 102.10 RELOCATION ............................. 102.6 REPAIR ................. 101.2, 102.2, 102.4, 102.5, 105.1, 110.14,113.1, 113.2,113.4, 113.6, 202, 302.8, 307.2.2.1, 311.2.2, 501.1, 801.1, 901.1, 1001.1 REPAIRS................................102.4 RESIDENTIAL ........... 102.7.1, 201.3, 202, 301.1, 302.1, 302.3, 302.5, 302.6, 303.3, 304.2, 305.2.4, 305.3.3, 305.5, 306.1, 306.3, Table 306.5, 306.9.1, 307.1.1, 307.1.2, 307.1.3, 307.2, 307.2.2, 308.1, 308.2, 309.1, 311.1, 311.2, 311.3.2, 312.1, 313.1, 313.7, 314.1, 315.1, 315.2, Table 315.3, 316.1, 316.4, 316.6.1, 317.1, 318.2, 321.1, 321.4, 323.2.1, 701.1, 701.1.1, 701.2, 701.4, 703.1, 801.1, 801.2, 802.1, 802.2, 901.1, 901.2, 1001.1,1001.2, 1001.4 RESIDENTIAL SWIMMING POOL (Residential Pool) ......................... 202 REST LEDGES ............................. 404 RETURN ......................... 314, 505, 604.1 RETURN INLET ................. 202, 311.2, 314.4, 604.1, 704.1, 704.8 RING BUOY ............................ 409.4.2 ROOFS ................................ 307.1.3 ROPE AND FLOAT LINE .................... 605.2 RUNOUT.................................. 202 S SAFETY COVER .......................... 305.1 SAND ................. 202, 307.2.1.1, Table 604.2 SANITATION ... 307.2.1.1, 308.3, 308.3, 401.2, 401.2, 601.1, 601.1, 612.5 SANITIZING EQUIPMENT .................... 319 SCOPE ........................... 101.2, 101.2.1 SEALED DOCUMENTS .................. 104.12.4 INDEX-4 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright �) zozo ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai (ttbai@newportbeachra.gov), (City of Newport Beach) Order Number a10 1338444 on Aug 26, zozz o726 AM (PDT)2, 311&— Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 1 M 338444 SETTLING .................307.2.2.1, 320.3, 1001.5 SHALL....................................202 SHALLOW AREAS ...202, 411.1.2, 412.1, 807.2, 809.2 SHAPE...................................308.3 SHOWERS ............................. 609.2.1 SIGNAGE ..................412, 504.1.1, 509, 611, 705, 902.1, 1001.7 SKIMMER ............................. 315,505 SLIDE ............................. 406.8, 809.1 SLIP RESISTANT ........................ 307.2.4 SLOPE Deck...................................306.4 Floor ............ 308.1, 401.5, 503.3, 602.1, 605.2, 610.4.1, 701.3, 807.1.1, 809.2, 811.1 SLOPE BREAK ........................202, 811.1 SOAP DISPENSER ..... 609.4, 609.4, 609.4.1, 609.4.2 SOLAR ........ 202, 303.1.2, 303.1.3, Table 316.2(2), 316.4, 316.6, 316.6 SPA .............. 101.1, 101.2, 102.2, 102.3, 102.4, 102.5, 102.6, 104.2, 105.1, 110.3, 113.3, 113.4, 113.5, 113.6.2, 202, 301.1, 302.1, 302.2, 302.3, 302.5, 302.6, 302.8, 303.1, 303.1.3, 303.2, 303.3, 304.1, 304.2, 304.2.1, 304.2.2, 304.3, 305.1, 305.1.1, 305.2, 305.2.1, 305.2.4.1, 305.2.5, 305.2.6, 305.2.9, 305.3, 305.3.3, 305.4, 305.6, 305.7, 306.1, 306.3, 306.4, Table 306.5, 306.9.1, 307.1, 307.1.2, 307.1.3, 307.1.4, 307.2, 307.2.1, 307.2.2, 307.2.2.1, 307.2.3, 307.2.4, 307.2.5, 308.1, 308.2, 308.3, 308.4, 309.1, 309.2, 310.1, 311.1, 311.2, 311.2.1, 311.2.3, 311.3.1, 311.3.2, 311.4, 311.4.1, 311.9, 312.1, 313.1, 313.3, 313.7, 314. 1, 315.1, 315.2, Table 315.3, 315.4, 316.1, 316.4.2, 316.6, 317.1, 319.1, 319.2, 321.1, 321.2, 321.4, 322.1, 322.4.1, 323.1, 323.1.3, 323.2.1, 324.1, 324.3, 324.6, 324.7, 324.7.1, 324.8, 324.8.1, 324.8.1.1, 324.8.2, 324.8.2.1, 324.8.2.2, 324.8.2.3, 324.11, 324.12, 325.1, 406.4, 406.5, 407.4.3, 407.4.4, 409.2.1, 501.1, 501.2, 502.1, 503.1, 504.1, 504.1.1, 504.2, 505.1, 505.2.2, 506.1, 506.2.1, 508.1, 509.2, 509.3, 509.3.1, 509.3.2, 509.3.3, 509.4, 607.1, 608.1, 608.2, 610.6, 611.5.4, 702.2.5, 901.1, 901.2, 1001.1, 1001.2, 1001.4, 1001.5 SPECIAL FEATURES ........................ 610 SPOUTS.................................318.3 SPRAY POOL .........................202, 606.2 STAIRS ............................ 411.2, 809.5 STARTING BLOCKS .......................406.9 STEPS...............................610.5, 702 STRAINER ............... 202, 313.3, 704.7.1, 810.2 SUBMERGED VACUUM FITTING ......... 202, 314.5, 505.2.4 SUCTION ............................ 310.1,314 Entrapment avoidance ................. 310, 405.6 Fitting ........................... 311.4.1, 314.3 SUCTION OUTLET ........... 202, 311.4.1, 311.4.4, 314.3, 321.2, 405.6, 505.2.2, 509.2, 604.1, 612.4.1, 704.1, 704.8 SURFACE SKIMMING SYSTEM .... 202, 308.4, 315.2, 315.4, 315.4.1, 604.3, Table 604.3, 704.9 SURGE CAPACITY ...................202, 315.4.1 SURGE TANK..............................202 SWIM SPA (see Exercise Spa).................202 SWIMOUT..................... 323.1, 610.6, 809.2 SWITCHES Emergency .................. 313.7, 412.3, 504.1 Heater.........................303.1.1, 303.1.2 T TECHNICAL DATA ......................104.12.3 TEMPERATURE.......... 316.4.1, 506, 507.1, 509.2, 609.3.3, 611.11 TEST Pressure .................... 302.7, 311.9, 810.2 Special, for alternative design .............104.12.6 TESTING, MATERIALS OR METHODS ....... 104.11 TESTING AGENCY ......................104.11.3 THROWING ROPE ........................409.4.2 TOILET FACILITIES ...................410.1, 609.2 TOLERANCES ........308.4, 401.4, 609.9, 803, 804.1 TUBE RIDE.................................202 TURNOVER RATE ...........311.2.1, 314.3, 315.2.1, 407.2, 704.2, 810.1 U UNCONSTITUTIONAL ...................... 101.4 UNDERWATER LEDGE ..................... 402.6 UNDERWATER SEAT ......411.5, 503.2, 610.7, 809.2 u VALVES Underdeck.............................306.9 VANISHING EDGE ........................409.2.2 VIOLATIONS...............................113 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE° INDEX-5 ' I ' Copyright l zozm ICC. ALL RIGHTS RESERVED. Accevsed by Tome. Thai (tthai@newportbeachca.gov), (City of Newport Beach) Order Number ato 1338444 om Aug 26, 20220726 AM (PDT)�� taLr�ense I ' 1 Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. ord. Slagle user only, copying amd networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 1 M 338444 W WADING POOL ...... 311.2, 405, 411.1.1, Table 608.1 WALLS .................................. 308.2 WARNING .................... 305.1, 408.2, 611.2 WASTEWATER ....................... 302.6, 320 WATER Cold .................................. 611.11 Makeup ................................ 318.1 Potable systems ......................... 302.2 Protection of potable ...................... 318.2 Supply...................................318 Velocity ................................ 311.3 WATERLINE ............................. 308.4 WAVE POOL CAISSON .................... 605.3 WEIR ......................... 308.4, Table 401.4 Z ZERO ENTRY..............................202 INDEX-6 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® Copyright @ 202o ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai (fthai@newportbeachca.gov), (City of Newport Beach) Order Number #101338444 on Aug 26, 2022 07:26 AM (PDT) 2 j &j1 i`Zense f I I 1 I 1 Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 101338444 EDITORIAL CHANGES — SECOND PRINTING Page 1-3, Section [A] 105.1: line 8 and 9 now read ... work. A permit shall not be required for replastering or resurfacing of an existing pool or spa. Page 5-2, Section 508 has been deleted. Page 5-2, Section 509 has been renumbered to 508. For the complete errata history of this code, please visit: https://www.iccsafe.org/errata-central/ 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE® EDITORIAL CHANGES-1 Copyright O zozo ICC. ALL RIGHTS RESERVED. 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ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER Attachment D Resolution No. 2022-84: Adopting Findings to the Amendments to the California Fire Code 21-319 RESOLUTION NO. 2022 - 84 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 2022 EDITION OF THE CALIFORNIA FIRE CODE AS REASONABLY NECESSARY BECAUSE OF LOCAL CLIMACTIC 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 or 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 Edition of the California Fire Code based on the 2021 International Fire Code of the International .Code Council; WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the 2022 Edition of the California Fire Code 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 pursuant to Health and Safety, Code Section17958.5, make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; WHEREAS, the Fire Code Official has recommended that changes and modifications be made to the 2022 Edition of the CaliforniaFireCode and has advised that these changes and modifications to the 2022 Edition of the California Fire Code are reasonably necessary due to local conditions in the City and has further advised that the reminder of said changes and modifications are administrative or procedural in nature; and WHEREAS, a copy of this resolution together with the ordinance adopting the 2022 Edition of the California Fire Code 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 2022 Edition of the California Fire Code as recommended by the Fire Code Official as necessary due to local climatic, geographic, or topographic conditions: 21-320 Resolution No. 2022- Page 2 of 6 CALIFORNIA FIRE CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS 202 (Definitions) a, b, c, d, e, f, g, h, i 305 (Ignition Sources) a, b, c, i 307.4.2 (Beach, Camp and Recreational Fires a, b, c, i 308.1.1.1 (Fireplace) a, e, i 308.1.6.3 (Sky Lanterns) a, b, c, i 324 (Geological Surveys) d, e, f, g, h 503.2.1 (Dimensions) a, b, c, d, e, f, .g, h 503.2.4 (Turning Radius) a, b, c, d, e, f, g, h 503.2.5 (Dead Ends) a, b, c, d, e, f, g, h 503.2.7 (Grade) a, b, c, d, e, f, g, h 503.4.1 (Traffic calming devices) a, b, c, d, e, f, g, h 503.6 (Security Gates) a, b, c, d, e, f, g, h 505.1.1 (Premises Identification) a, b, c, d, e, f, g, h 506.3 (Key Box Contents) a, b, c, d, e, f, g, h, i 510.1 (Emergency Responder Radio Coverage in New Buildings) a, b, c, d, e, f, g, h 510.2 (Deleted) a, b, c, d, e, f, g, h 510.4.2.2 (Technical Criteria) a, b, c, d, e, f, g, h, i 510.5.2 (Approval Prior to Installation) a, b, c, d, e, f, g, h 510.5.3 (Minimum Qualifications of Personnel) a, b, c, d, e, f, g, h 510.5.4 (Acceptance Test Procedure) a, b, c, d, e, f, g, h 510.6.1 (Testing and Proof of Compliance) a, b, c, d, e, f, g, h 511.1 (Building Information) a, b, c, d, f, h 903.2 (Where Required) a, b, c, d, e, f, g, h, i 903.2.8 (Group R) a, b, c, d, e, f, g, h, i 903.3 (Installation Requirements) a, b, c, d, e, f, g, h, i 907.1.6 (System Design) a, b, c, d, e, f, g, h, i 21-321 Resolution No. 2022- Page 3 of 6 912.1.1 (installation) a, b, c, d, e, f, g, h, 1 912.2 (Location) a, b, c, d, e, f, g, h, i 1203.1.1.1 (Stationary Generators) d, e, f 3602.1 (Definitions) f, g 3603.6 (Berthing and Storage) e, f, g, h 3603.6.1 (Multiple Berthing) e, f, g, h 3603.6.2 (Permitted Multiple Berthing) e,f,g,h 3604.1 (General) e, f, g, h 3604.2 (Standpipes) e, f, g, h 4905.2.1 (Building Construction Features) a, b, c, e, i 4906.4.2 (Trees) a, b, c, e, i 4907.3.1 (Defensible space requirements) a, b, c, e, i 5003.12 (Outdoor Control Areas) a, b, c, d, e, f, g, h 5004.1.1 (Maximum Quantity On Site) a, b, c, d, e, f, g, h 5601.1.2 (Explosive Material Terminals) a, b, c, i 5601.1.3 (Fireworks) a, b, c, i 5601.2.2 (Sale and Retail Display) a, b, c, i 5704.2.11.1 (Underground Tanks) a,b,c,i 5706.4 (Bulk Plants or Terminals) a, b, c, i B105.2 (Buildings other than one- and two- Family Dwellings, groups R-3 and R-4 buildings and townhouses) a, b, c, d, e, f, g, h, i 21-322 Resolution No. 2022- Page 4 of 6 a. The City 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 rapid response. Obstacles generated by a strong wind, such as fallen trees; streetlights and utility poles, will greatly impact the response time to reach an incident scene. b. Many areas of Newport Beach have significant growths of vegetation of a highly combustible nature. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for the building occupants and by containing or controlling the spread of fire. Fire sprinkler systems also provide an efficient use of water for the control and containment of fires and lessen the environmental impact of water runoff from fire suppression activities. C. The City, especially the foothill areas, is geographically located in an area periodically subject to hot, dry, wind conditions of high velocity. The topographical conditions of the foothill areas and canyons contained therein can accelerate the periodic high velocity winds by means of a venturi effect. Accordingly, pursuant to California Government Code Section 51179 and by City ordinance, the City has designated these types of areas as Local Agency Very High Fire Hazard Severity Zones. These zones identify the type of climate, geography, and topography that potentially increase the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. d. The City 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) that claimed 120 lives and damaged areas from Laguna Beach to Marina del Rey and inland to Whittier. The NIFZ 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 contains hilly areas subject to landslide and coastal areas subject to liquefaction. 21-323 Resolution No. 2022- Page 5 of 6 e. The City is located in a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave structures 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. f. The City is located in a low to moderate tsunami area. These seismic sea waves have the ability to flood large sections of the low-lying areas. These flood conditions also impact the response and activity level of the Fire Department. g. The City contains low-lying coastal areas subject to flooding from sustained rain with tide which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through the Back Bay. The southern boundary of the City is along the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves that can cause flooding in areas of the city. h. Along part of the western boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities until it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is contained in a man-made channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. West Newport Beach is subject to flooding from the Santa Ana River. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, 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) requirement for a given structure. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 21-324 Resolution No. 2022- Page 6 of 6 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. 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. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 21-325 Attachment E Ordinance No. 2022-27: Adopting the California Fire Code 21-326 ORDINANCE NO. 2022- 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 9 (FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS, WITH LOCAL AMENDMENTS WHEREAS, Section 200 of the City of Newport Beach ("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 ("State"); WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("BSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property; WHEREAS, the 2022 Edition of the California Fire Code ("CFC") is based on the 2021 International Fire Code. The CFC published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in effect by January 1, 2023. In order to include local amendments and enhance life safety and property protection, the City must complete its adoption process thirty (30) days prior to implementation. The adoption of the 2022 CFC into the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of the 2022 CFC by the City's Building and Fire Code officials; WHEREAS, local jurisdictions may amend the California Building Standards Code, which includes the 2022 CFC, 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 9 of the Newport Beach Municipal Code; 21-327 Ordinance No. 2022- Page 2 of 27 WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the State code that are correlated with the findings in Resolution No. 2022- adopted by the City Council of the City of Newport Beach on November 15, 2022. When approved, the ordinance and accompanying resolution will be forwarded to the BSC and the California Department of Housing and Community Development as required by state law; WHEREAS, the various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall continue to be known as the Newport Beach Fire Code; WHEREAS, all prior references to the former Newport Beach Fire Code shall be construed to apply to the corresponding provisions of the Newport Beach Fire Code contained herein; and WHEREAS, the 2022 Edition of the California Fire Code is similar to the 2019 version; the attached ordinance contains similar provisions as adopted by the City Council in 2019. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 9.04 FIRE CODE* 9.04.010 Adoption of the 2022 California Fire Code. 9.04.020 Amendment of Section 109.6 Overcrowding. 9.04.030 Amendment of Section 112.4 Violation Penalties. 9.04.040 Amendment of Section 113.4 Failure to Comply. 9.04.050 Amendment to Section 202 Definitions. 9.04.060 Amendment to Section 305 Ignition Sources. 9.04.070 Amendments to Section 307.4.2 Beach, Camp and Recreational Fires. 9.04.080 Amendments to Section 308.1.1 Fireplace. 21-328 Ordinance No. 2022- Page 3 of 27 9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns. 9.04.100 Addition of Section 324 Geological Surveys. 9.04.110 Amendments to Section 503.2.1 Dimensions. 9.04.120 Amendments to Section 503.2.4 Turning Radius. 9.04.130 Amendments to Section 503.2.5 Dead Ends. 9.04.140 Amendments to Section 503.2.7 Grade. 9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices. 9.04.160 Amendments to Section 503.6 Security Gates. 9.04.170 Amendments to Section 505.1.1 Premises Identification. 9.04.180 Amendments to Section 506 Key Box Contents. 9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in New Buildings. 9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in Existing Buildings. 9.04.210 Amendments to Section 510.4.2.2 Technical Criteria. 9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation. 9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel. 9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure. 9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance. 9.04.260 Addition of Section 511.1 Building Information. 9.04.270 Amendments to Section 903.2 Where Required. 9.04.280 Amendments to Section 903.2.8 Group R. 9.04.290 Amendments to Section 903.3 Installation Requirements. 9.04.300 Amendments to Section 907.1 General. 9.04.310 Amendments and Additions to Section 912.1 Fire Department Connections. 9.04.320 Amendments to Section 912.2 Location. 9.04.330 Amendments to Section 1203.1.1 Stationary Generators. 9.04.340 Amendments to Section 3602 Definitions. 9.04.350 Amendments to Section 3603.6 Berthing and Storage. 9.04.360 Amendments to Section 3604.1 General. 9.04.370 Amendments to Section 3604.2 Standpipes. 9.04.380 Amendment to Section 4905.2 Construction Methods and Requirements Within Established Limits. 9.04.385 Amendment to Section 4906.4.2 Trees. 9.04.386 Amendment to Section 4907.3 Defensible Space 21-329 Ordinance No. 2022- Page 4 of 27 Requirements. 9.04.390 Amendments to Section 5003.12 Outdoor Control Areas. 9.04.400 Amendments to Section 5004.1 Scope. 9.04.410 Amendments to Section 5601.1.2 Explosive Material Terminals. 9.04.420 Amendments to Section 5601.1.3 Fireworks. 9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display. 9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks. 9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals. 9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings. 9.04.470 Local Agency Very High Fire Hazard Severity Zone. Section 9.04.010 Adoption of the 2022.California Fire Code. City Council adopts and incorporates by reference, those certain codes known as the "California Fire Code 2022 Edition," and the whole thereof including the matrix adoption tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N therein, errata issued during and after publishing date, save and except such portions as are hereinafter deleted, added or amended which shall collectively be known as the "Newport Beach Fire Code." A certified copy of the California Fire Code shall be kept on file in the Office of the City Clerk of the City of Newport Beach and open for public inspection. Section 9.04.020 Amendment of Section 109.6 Overcrowding. Section 109.6 Overcrowding is amended to read as follows: 109.6 Occupant Count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. Section 9.040.030 Amendment of Section 112.4 Violation Penalties. Section 112.4 is amended to read as follows, with all related subsections remaining unchanged unless specifically modified by this ordinance: 21-330 Ordinance No. 2022- Page 5 of 27 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty and liable in accordance with the Newport Beach Municipal Code. Section 9.040.040 Amendment of Section 113.4 Failure to Comply. Section 113.4 is amended to read as follows: Section 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine in accordance with the Newport Beach Municipal Code Title One 1.04.010 "Violation, Penalties and Enforcement." Section 9.040.050 Amendment to Section 202 Definitions. Section 202 is amended to add the following definitions to read as follows: CUL-DE-SAC: A street closed at one end, with a circular terminus at the closed end to allow vehicles to turn around. DEFENSIBLE SPACE: Defensible space is an area either natural or man- made, where plant materials and natural fuels have been treated, reduced, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress fire and protect structure(s). DOCK: A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification. Fuel modification plans show the area and location of all hardscape/softscape improvements and fuel modifications necessary to 21-331 Ordinance No. 2022- Page 6 of 27 achieve the minimum acceptable level of risk to structures from fires in combustible vegetation. FUEL MODIFICATION ZONE: A specific area where vegetation has been removed, planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures. Vegetation includes native and ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adequately spaced drought -tolerant and fire-resistant species, and thinning of existing native or ornamental species. HAZARD REDUCTION ZONE: Any geographical area designated by the Fire Chief in which structures directly abut a wildland space on one or more sides. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the California Government Code Section 51179, and by City of Newport Beach ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Government Code Section 51179. WILDLAND: An area of unimproved property with vegetative fuels in which development is essentially nonexistent, except for roads, railroads, power lines and similar facilities. WILDLAND FUELS: Any combustible material in a wildland area. WILDLAND-URBAN INTERFACE AREA: A geographical area where improved property intersects with wildland or vegetative fuels. 9.04.060 Amendment to Section 305 Ignition Sources. Section 305 is amended by adding the following: 21-332 Ordinance No. 2022- Page 7 of 27 305.6 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 10 feet (3.048 m) of a chimney outlet, shall be cut down and removed by the property owner. Vegetation modification requirements in wildland-urban interface areas shall be in accordance with Section 4901 et seq. of this code. 305.7 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3.048 m) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be free of flammable vegetation and other combustible growth. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 305.8 Notification and abatement procedures. 305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thirty (30) calendar days. The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.8.2 Commencement of abatement proceedings. Whenever the fire code official determines that a fire hazard exists, and the owner of a property fails to properly abate hazard in locations adjacent to grass or brush covered land which are located in hazardous fire areas, the fire code 21-333 Ordinance No. 2022- Page 8 of 27 official is ordered to take appropriate correction actions based upon those findings. 305.8.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. Failure of any property owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken, if the procedure for service of notice has been followed. 305.8.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) calendar days of the mailing of the notice. The matter will be heard by the Building and Fire Board of Appeals as specified in Section 15.80 of the Newport Beach Municipal Code. 305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of the fire code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final and shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) calendar days. 305.8.6 Private property abatement. If any order of the Fire Chief or the fire code official �is made pursuant to this ordinance and is not complied with within the period designated, the City may then cause such work to be done to the extent necessary to eliminate the fire hazard and other substandard fire conditions that are determined to exist. 305.8.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is 21-334 Ordinance No. 2022- Page 9 of 27 an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior to the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.8.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of Newport Beach, shall be assessed against each parcel for City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's office. The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 38773.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) calendar days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in Section 38773.5 of the Government Code which is incorporated herein by this reference. 21-335 Ordinance No. 2022- Page 10 of 27 305.8.9 Other abatement procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. 9.04.070 Amendments to Section 307.4.2 Recreational Fires. Section 307.4.2 is amended by adding the following: 307.4.2.1 Beach, camp, and recreational fires. No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. 9.04.080 Amendments to Section 308.1.1 Fireplace. Section 308.1.1 is amended by adding Section 308.1.1.1 Section 308.1.1.1 Fireplace. No fireplace that uses flammable or combustible liquid as a fuel source shall be allowed inside or outside a structure, except outside for R3 occupancy is allowed. 9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns. Section 308.1.6.3 is amended as follows: 308.1.6.3 Sky lanterns. A person shall not use or release any sky lantern in the City of Newport Beach. 9.04.100 Addition of Section 324 Geological Surveys. Section 324 is added as follows: SECTION 324 GEOLOGICAL SURVEYS 324.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. 324.2 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, 21-336 Ordinance No. 2022- Page 11 of 27 reports, remedial recommendations and/or similar documentation from a state -licensed and department approved individual or firm, on any parcel of land to be developed which: 1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; 2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or 3. Modifications to existing systems. 9.04.110 Amendments to Section 503.2.1 Dimensions. Section 503.2.1 is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6.1 m) and shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6.Roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4.1 m). 9.04.120 Amendments to Section 503.2.4 Turning Radius. Section 503.2.4 is amended to read as follows: 503.2.4 Turning radius. The turning radius for fire apparatus access roads shall be not less than 20 feet (6.1m) inside radius and 40 feet (12.2m) outside radius. Exception: Cul-de-sacs with center obstructions may require larger turning radius as approved by the fire code official. 9.04.130 Amendments to Section 503.2.5 Dead Ends. Section 503.2.5 is amended to read as follows: 503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (60.96 m) in length shall be provided with an approved 21-337 Ordinance No. 2022- Page 12 of 27 cul-de-sac for turning around fire apparatus without backing up. 9.04.140 Amendments to Section 503.2.7 Grade. Section 503.2.7 is amended to read as follows: 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. 9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices. Section 503.4.1 is amended to read as follows: 503.4.1 Traffic calming devices. Any traffic calming devices in required access roadways when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Policy. 9.04.160 Amendments to Section 503.6 Security Gates. Section 503.6 is amended to read as follows: Section 503.6 Vehicle Access Gates. Vehicle access gates or barriers installed across a fire apparatus access road shall be in accordance with the City's Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet (4.27 m) unobstructed width. This minimum width may be increased depending on the length of the approach. 9.04.170 Amendments to Section 505.1.1 Premises Identification. Section 505.1 is amended by adding Section 505.1.1 to read as follows: 505.1.1 Premises Identification. All multi -unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than six inches (152 mm) in height with a one -inch (25 mm) stroke. Address numbers shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. 21-338 Ordinance No. 2022- Page 13 of 27 All multi -unit residential and commercial buildings shall have numbers or addresses place above or immediately adjacent to all doors that allow fire department access. 9.04.180 Amendments to Section 506 Key Box Contents. Section 506 is amended by adding Section 506.3 to read as follows: 506.3 Key box contents. When a Key box is required the following types of keys shall be provided: A. Keys to locked points of ingress whether on the interior or exterior of the building. B. Keys to locked mechanical equipment rooms. C. Keys to locked electrical rooms. D. Keys to elevator controls. E. Keys to other areas as directed by the fire code official. 9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in New Buildings. Section 510.1 is amended to read as follows: 510.1 Emergency responder radio coverage in new buildings. Approved in -building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In -building, two way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The emergency responder radio coverage system shall comply with the requirements of the Orange County Sheriffs Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code. 21-339 Ordinance No. 2022- Page 14 of 27 Exceptions: 1. Where it is determined by the fire code official that the radio coverage system is not needed. 2. In facilities where emergency responder radio coverage is required and such systems, components, or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. This chapter shall not apply to the following: 1. Existing buildings or structures. 2. One and two family dwellings. 3. Elevators. 4. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single, story. 5. Wood -constructed residential structures four stories or less without subterranean storage or parking which are not built integral to an above ground multi -story parking structure. For structures that are three stories or less in height, that do not exceed 50,000 square feet on any single story, but includes subterranean parking or storage, this ordinance shall apply only to the subterranean areas. 9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in Existing Buildings. Section 510.2 is deleted in its entirety. 9.04.210 Amendments to Section 510.4.2.2 Technical Criteria. Section 510.4.2.2 is amended to read as follows: 21-340 Ordinance No. 2022- Page 15 of 27 510.4.2.2 Technical criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information, including: 1. The" frequency range supported from the 800MHz Countywide Communications System shall be 851-824 MHz (base transmitter frequencies). 2. The frequency range supported from the 800MHz Countywide Communications System shall be 806-824 MHz (radio field transmit frequencies). 3. The public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35dB. 4. All system components must be 100 percent compatible with analog and digital modulations after installation, without adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the jurisdiction. 5. Active . devices shall have a minimum of -50 dB 3rd order intermodulation protection. 6. All active in -building coverage devices shall be FCC Part 90 certified. 9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation. Section 510.5.2 is amended to read as follows: 510.5.2 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC shall not be installed without prior plan submittal, coordination, and approval from the Orange County Sheriffs Department (OCSD) Communications Division; with a copy provided to the fire and building code official. 21-341 Ordinance No. 2022- Page 16 of 27 9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel. Section 510.5.3 is amended to read as follows: 510.5.3 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC -issued general radio operators license. 2. Certification of in -building system training issued by, a nationally recognized organization, school or a certificate issued by the manufacturer of the equipment being installed. 9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure. Section 510.5.4 is amended to read as follows, with all related subsections remaining unchanged unless specifically modified by this ordinance: 510.5.4 Acceptance test procedure. When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested by a qualified FCC licensed third party technician to ensure that two-way coverage on each floor of the building is not less than a minimum of 95 percent. The test procedure shall be conducted as follows: 9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance. Section 510.6.1 shall be amended as follows: 510.6.1 Testing and proof of compliance. The owner of the building or their representative shall have the emergency responder radio coverage system inspected and tested annually or whenever structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following: 1. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. In -building system components shall be 21-342 Ordinance No. 2022- Page 17 of 27 tested to determine general function operability. If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications, and the fire and building code official. 2. Backup batteries and power supplies shall be tested under load for a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined. 3. All other active components shall be checked to verify operation within the manufacturer's specifications. 4. At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.4, shall be submitted to OCSD Communications and the fire and building code official. 9.04.260' Addition of Section 511.1 Building Information. Section 511.1 is added to read as follows: 511.1 Building information. The fire code official is authorized to require a cabinet for onsite storage of pre -plans and other building information that is accessible to the fire code official. 9.04.270 Amendments to Section 903.2 Where Required. Section 903.2 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the following locations: "Building Area" as used in this section shall mean gross building area enclosed within exterior walls. 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,900 square feet (465 m2), unless more restrictive requirements are required by other provisions of the code. 21-343 Ordinance No. 2022- Page 18 of 27 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 (455 m2), b. When an additional story is added above the second floor regardless of fire areas or allowable are. 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. 9.04.280 Amendments to Section 903.2.8 Group R. Section 903.2.8 Group R is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings. 2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. An addition when the increase in building size is 2,000 sq. ft. or more and exceeds 50% of the area of the existing structure. b. An addition, when the existing building is already provided with an automatic sprinkler system. C. As determined for new construction per Section 102.4. 21-344 Ordinance No. 2022- Page 19 of 27 Exceptions: 1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non_ ambulatory clients above the first floor, and not housing clients above the second floor. 2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code. 3. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 4. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. 5. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors. 6. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over). When not used in accordance with in Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 9.04.290 Amendments to Section 903.3 Installation Requirements. Section 903.3 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 21-345 Ordinance No. 2022- Page 20 of 27 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8 and in accordance with City's Guidelines and Standards F.02 Fire Sprinkler System Design Pressure. 9.04.300 Amendments to Section 907.1 General. Section 907.1 is amended by adding Section 907.1.6 to read as -follows: 907.1.6 System design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the building fire alarm panel. Smoke detectors connected to the alarm system shall have a visible indicator that displays the status of the detector. When a detector is located in a space above a drop ceiling, an indicating light shall be provided and plainly visible. Exception: Smoke detectors installed with an addressable alarm system capable of showing the approximate location of all activating devices. 9.04.310 Amendments and Additions to Section 912.1 Fire Department Connections. Section 912.1 is amended by adding Section 912.1.1 to read as follows: 912.1.1 Installation. The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire- department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. When the fire flow demand of a sprinkler system is 500 gpm or greater, including the interior hose stream demand if a standpipe system is installed, four 2 1/2" inlets shall be provided. 9.04.320 Amendments to Section 912.2 Location. Section 912.2 is amended to read as follows: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location, of the fire department connection shall be no more than 100 feet (30.48 m) from a public hydrant. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway 21-346 Ordinance No. 2022- Page 21 of 27 approach. The location of fire department connections shall be approved by the fire code official. 9.04.330 Amendments to Section 1203.1.1 Stationary Generators. Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows: 1203.1.1.1 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 1203.2 of the California Fire Code in every fire control room and in other areas as may be designated by the fire code official. Emergency outlets shall be placed in the following locations: 1. In the main exit corridor of each floor adjacent to each exit enclosure. 2. On every level in every stairwell. 3. In each elevator lobby. 4. In public assembly areas larger than 1,500 square feet. 5. In every fire control room. 6. In such other areas as may be designated by the fire code official. 9.04.340 Amendments to Section 3602 Definitions. Section 3602.1 is amended to add the following: DOCK 9.04.350 Amendments to Section 3603.6 Berthing and Storage. Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows: 3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas shall be arranged such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels. 21-347 Ordinance No. 2022- Page 22 of 27 Exceptions: 1. Tenders or dinghies may be tied to a vessel's stern without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam. 2. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy, up to a maximum of 14 feet in length, tied to the vessel's stern. 3603.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. The person is responsible for moving the vessels. C. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided. 2. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time, which shall be approved by the fire code official and per City's Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special Events. 9.04.360 Amendments to Section 3604.1 General. Section 3604.1 is amended to read as follows: 3604.1 General. Piers, marinas, wharves, docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing vessels, and marine motor vehicle fuel -dispensing facilities stations shall be equipped with fire protection equipment in accordance with Sections 3604.2 through 3604.6. 21-348 Ordinance No. 2022- Page 23 of 27 9.04.370 Amendments to Section 3604.2 Standpipes. Section 3604.2 Standpipes is amended to read as follows: 3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or float is more than 150 feet from a fire apparatus access road, it shall be equipped with a Class III standpipe system installed in accordance with NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and Piers. 9.04.380 Amendment to Section 4905.2 Construction methods and requirements within established limits. Section 4905.2 is amended by adding Section 4905.2.1 to read as follows: Section 4905.2.1 Required ventilation screening for existing structures. All structures with the identified Very High Fire Severity Zones with ventilation openings shall comply with all of the following: 1. Vents shall be covered with a mesh where the dimensions of the mesh therein shall be a minimum of 1/16" and shall not exceed 1/8" in diameter. 2. The mesh material shall be non-combustible. 3. The mesh material shall be corrosion resistant. 9.04.385 Amendment to Section 4906.4.2 Trees. Section 4906.4.2 is amended by adding the following subsection 4 to read as follows: 4. Existing trees shall be trimmed so no portion of the tree shall hang over or touch new and existing structures. 9.04.386 Amendment to Section 4907.3 Defensible space requirements. Section 4907.3 is amended by adding Section 4907.3.1 to read as follows: Section 4907.3.1 Required noncombustible zone. A 1-foot (305 mm) wide noncombustible zone is required at the base of all new and 21-349 Ordinance No. 2022- Page 24 of 27 existing structures. Materials may include, but not limited to, concrete, brick, pavers, gravel, and decomposed granite. 9.04.390 Amendments to Section 5003.12 Outdoor Control Areas. Section 5003.12 is amended by adding the following subsection 5 to read as follows: 5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official. 9.04.400 Amendments to Section 5004.1 Scope. Section 5004.1 is amended by adding Section 5004.1.1 to read as follows: 5004.1.1 Maximum quantity on site. No person shall use or store any amount of Extremely Hazardous Substances (EHS) equal to or greater than the amounts disclosed as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to property developed with residential uses, unless approved mitigation measures are implemented and maintained, as required by the fire code official. 9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals. Section 5601.1.2 is amended to read as follows: 5601.1.2 Storage of explosives and blasting agents. No person shall store explosives or blasting agents anywhere in the City of Newport Beach unless the fire code official has issued a permit authorizing use and/or storage. 9.04.420 Amendments to Section 5601.1.3 Fireworks. Section 5601.1.3 is amended to read as follows: 5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle fireworks 1.4G, (commonly referred to as "Safe and Sane") and fireworks 1.3G anywhere in the City of Newport Beach. 21-350 Ordinance No. 2022- Page 25 of 27 Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired public display when permitted by the fire code official and conducted by a licensed pyrotechnic operator. 9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display. Section 5601.2.2 is amended to read as follows: 5601.2.2 Sale and Retail Display: Persons shall not conduct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public properties anywhere in the City of Newport Beach. 9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks. Section 5704.2.11.1 is amended by adding subsection 4 to read as follows: 4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as defined in Section 20.14.020 of the NewportBeach Municipal Code. 9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals. Section 5706.4 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 5706.4 Bulk plants or terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers are prohibited within the boundaries of the City of Newport Beach except as permitted by the fire code official. Approved installations shall comply with Sections 5706.4.1 through 5706.4.10.4. 9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings. Section B105.2 is amended to read as follows: 21-351 Ordinance No. 2022- Page 26 of 27 B105.2 Buildings Other Than One -and Two- Family Dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire- flow and flow -duration for buildings other than one -and two-family dwellings, shall be as specified in Tables B105.1(1) Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed duration as specified in Table B105.1(2). 9.04.470 Local Agency Very High Fire Hazard Severity Zone. The City of Newport Beach designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the Government Code. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: 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, 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 introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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. 21-352 Ordinance No. 2022- Page 27 of 27 Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) and the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: 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, 2023, pursuant to California Health and Safety Code Sections 17958 and 18941 and Government Code Section 36937(e). This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 15th day of November, 2022, and adopted on the 29th day of November, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE AA ON C. HARP, CITY ATTORNEY Attachment: Section 9.04.470 Local Agency Very High Fire Hazard Severity Zone Map 21-353 3 J� � ""'a'e— of •9��m9''C_'1,•« "`��:'J�jjiitl��°�i.i"r.�'ti--�/ c�',:�.� �.,� y ) ♦ 4 �,M .:•q� fllflllilll I, Attachment F Redline Version of Fire Code Amendments 21-355 ORDINANCE NO. 2019-18 2022-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING TITLE 9 (FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 201-9 2022 EDITION OF THE CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS, WITH LOCAL AMENDMENTS 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") has approved the adoption of new model codes relating to design and construction for the protection of life and property. The BSC has advised local jurisdictions that the State of California ("State") will adopt the Edition of the California Fire Code ("CFC"); WHEREAS, the 2019 2022 CFC is based on the 2018 2021 International Fire Code. The CFC published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in effect by January 1, 2020. In order to include local amendments and enhance life safety and property protection, the City must complete its adoption process thirty (30) days prior to implementation. The adoption of the 2019 2022 CFC into the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of the 2019 2022 CFC by the City's Building and Fire Code officials; WHEREAS, local jurisdictions may amend the California Building Standards Code, which includes the 2-019 2022 CFC, 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 9 of the Newport Beach Municipal Code; 21-356 Ordinance No. 2019-18 Page 168 of 39 WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the State code that are correlated with the findings in Resolution No. 201-9— 2022-XXX adopted by the City Council of the City of Newport Beach on November 5,2019 15, 2022. When approved, the ordinance and accompanying resolution will be forwarded to the BSC and the California Department of Housing and Community Development in compliance with the above mentioned code sections; WHEREAS, the various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute to be known as the Newport Beach Fire Code; WHEREAS, all prior references to the former Newport Beach Fire Code shall be construed to apply to the corresponding provisions of the Newport Beach Fire Code contained herein; and WHEREAS, the 2019 2022 Edition of the California Fire Code is similar to the 2016 2019 version; the attached ordinance contains similar provisions as adopted by the City Council in 2016. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended. NOW, THEREFORE, The City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows: Sections: Chapter 9.04 FIRE CODE* 9.04.010 Adoption of the 2019 2022 California Fire Code. 9.04.020 Amendment of Section 108.6109.6 Overcrowding. 9.04.030 Amendment of Section 44$4 112.4 Violation Penalties. 9.04.040 Amendment of Section 112.4 113.4 Failure to Comply. 9.04.050 Amendment to Section 202 Definitions. 9.04.060 Amendment to Section 305 Ignition Sources. 9.04.070 Amendments to Section 307.4.2 Beach, Camp, and Recreational Fires. 9.04.080 Amendments to Section 308.1.1 Fireplace. 9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns. 21-357 Ordinance No. 2019-18 Page 169 of 39 9.04.100 Addition of Section 324 324 Geological Surveys. 9.04.110 Amendments to Section 503.2.1 Dimensions. 9.04.120 Amendments to Section 503.2.4 Turning Radius. 9.04.130 Amendments to Section 503.2.5 Dead Ends. 9.04.140 Amendments to Section 503.2.7 Grade. 9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices. 9.04.160 Amendments to Section 503.6 Security Gates. 9.04.170 Amendments to Section 505.1.1 Premises Identification. 9.04.180 Amendments to Section 506 Key Box Contents. 9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in New Buildings. 9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in Existing Buildings Design. 9.04.210 Amendments to Section 510.4.2.2 Technical Criteria. 9.04.220 Amendments to Section 51� 510.5. Approval Prior to Installation. 9.04.230 Amendments to Section 51 0.-5-.2 510.5.3 Minimum Qualifications of Personnel. 9.04.240 Amendments to Section 510.5.3 510.5.4 Acceptance Test Procedure. 9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance. 9.04.260 Addition of Section 511 Building Information. 9.04.270 Amendments to Section 903.2 Where Required. 9.04.280 Amendments to Section 903.2.8 Group R. 9.04.290 Amendments to Section 903.3 Installation Requirements. 9.04.300 Amendments to Section 907.1 General. 9.04.310 Amendments and Additions to Section 912.1 Fire Department Connections. 9.04.320 Amendments to Section 912.2 Location. 9.04.330 Amendment to Section 1203.1.1 Stationary Generators. 9.04.340 Amendments to Section 3602 Definitions. 21-358 Ordinance No. 2019-18 Page 170 of 39 9.04.350 Amendments to Section 3603.6 Berthing and Storage. 9.04.360 Amendments to Section 3604.1 General. 9.04.370 Amendments to Section 3604.2 Standpipes. 9.04.380 ReplaGernent to Chapter 49 Requirements for Wildland Urban InterfaGe Fire Areas. Amendment to Section 4905.2 Construction methods and requirements within established limits 9.04.385 Amendment to Section 4906.4.2 Trees. 9.04.386 Amendment to Section 4907.3 Defensible space requirements. 9.04.390 Amendments to Section 5003.12 Outdoor Control Areas. 9.04.400 Amendments to Section 5004.1 Maximum Quantity on Site. 9.04.410 Amendments to Section 5601.1.2 Explosive Material Terminals. 9.04.420 Amendments to Section 5601.1.3 Fireworks. 9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display. 9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks. 9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals. 9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings. 9.04.470 Local Agency Very High Fire Hazard Severity Zone. 9.04.010 Adoption of the 2019 California Fire Code. City Council adopts and incorporates by reference, those certain codes known as the "California Fire Code 2019 Edition," and the whole thereof including the matrix adoption tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N therein, errata issued during and after publishing date, save and except such portions as are hereinafter deleted, added or amended which shall collectively be known as the "Newport Beach Fire Code." A certified copy of the California Fire Code shall be kept on file in the Office of the City Clerk of the City of Newport Beach and open for public inspection. Section 9.04.020 Amendment of Section 108.6 109.6 Overcrowding. Section 108.6109.6 Overcrowding is amended by adding Section 108.6.1 to read as follows: 10>�1. 109.6 Occupant Count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. 21-359 Ordinance No. 2019-18 Page 171 of 39 Section 9.040.030 Amendment of Section Violation Penalties Section 110.4 1 12.4 is amended to read as follows, with all related subsections remaining unchanged unless specifically modified by this ordinance: 110.4 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPEG Wv OFFENSE], puRi •hable by a fine of net mere than [AMOUNT-] rdellars OF by imnricen ment net evGeerdine [NUM BER OF DAYSI7 fine er heth ci ir.h ne aR:EI--:'TTTT. . tT-:TS�T.T.IIMF :1r71:.70G1:TS�fE�:1 the Newport Beach Municipal Code. Section 9.040.040 Amendment of Section 112.4113.4 Failure to Comply. Section 112.4 113.4 is amended to read as follows: Section Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine f not less than [^nn,_,OUNT,] dellars or rnor than [AMOUNT] ,dollars, in accordance with the Newport Beach Municipal Code Title One 1.04.010 "Violation. Penalties and Enforcement." Section 9.040.050 Amendment to Section 202 Definitions. Section 202 is amended to add the following definitions to read as follows: CUL-DE-SAC: A street closed at one end. with a circular terminus at the closed end to allow vehicles to turn around. DEFENSIBLE SPACE: Defensible space is an area either natural or man- made. where plant materials and natural fuels have been treated. reduced. or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress fire and protect structure(s). DOCK: A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification. 21-360 Ordinance No. 2019-18 Page 172 of 39 Fuel modification plans show the area and location of all hardscape/softscape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in combustible vegetation. 21-361 Ordinance No. 2019-18 Page 173 of 39 FUEL MODIFICATION ZONE: A specific area where vegetation has been removed, planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures. Vegetation includes native and ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adequately spaced drought -tolerant and fire-resistant species, and thinning of existing native or ornamental species. HAZARD REDUCTION ZONE: Any geographical area designated by the Fire Chief in which structures directly abut a wildland space on one or more sides. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the California Government Code Section 51179, and by City of Newport Beach ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Government Code Section 51179. WILDLAND: An area of unimproved property with vegetative fuels in which development is essentially nonexistent, except for roads, railroads, power lines and similar facilities. WILDLAND FUELS: Any combustible material in a wildland area. WILDLAND-URBAN INTERFACE AREA: A geographical area where improved property intersects with wildland or vegetative fuels. 9.04.060 Amendments to Section 305 Ignition Sources. Section 305 is amended by adding the following: 305.6 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 10 feet (3.048 21-362 Ordinance No. 2019-18 Page 174 of 39 m) of a chimney outlet, shall be cut down and removed by the property owner. Vegetation modification requirements in wildland-urban interface areas shall be in accordance with Section 4901 et seq. of this code. 305.7 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3.048 m) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be free of flammable vegetation and other combustible growth. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as preen grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 305.8 Notification and abatement procedures. 305.8.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thirty (30) calendar days. The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.8.2 Commencement of abatement proceedings. Whenever the fire code official determines that a fire hazard exists, and the owner of a property fails to properly abate hazard in locations adjacent to grass or brush covered land which are located in hazardous fire areas, the fire code official is ordered to take appropriate correction actions based upon those findings. 305.8.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices 21-363 Ordinance No. 2019-18 Page 175 of 39 shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. Failure of any property owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken, if the procedure for service of notice has been followed. 305.8.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) calendar days of the mailing of the notice. The matter will be heard by the Building and Fire Board of Appeals as specified in Section 15.80 of the Newport Beach Municipal Code. 305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of the fire code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final and shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) calendar days. 305.8.6 Private property abatement. If any order of the Fire Chief or the fire code official is made pursuant to this ordinance and is not complied with within the period designated, the City may then cause such work to be done to the extent necessary to eliminate the fire hazard and other substandard fire conditions that are determined to exist. 21-364 Ordinance No. 2019-18 Page 176 of 39 305.8.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior the abatement, the fire code official shall attempt to contact the Property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.8.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of Newport Beach, shall be assessed against each parcel for City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's office_ The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 3877.3.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) calendar days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in Section 21-365 Ordinance No. 2019-18 Page 177 of 39 38773.5 of the Government Code which is incorporated herein by this reference. 305.8.9 Other abatement procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. 9.04.070 Amendments to Section 307.4.2 Beach, Camp, and Recreational Fires. Section 307.4.2 is amended by adding the following: 307.4.2.1 Beach, camp, and recreational fires. No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. 9.04.080 Amendments to Section 308.1.1 Fireplace. Section 308.1.1 is amended by adding Section 308.1.1.1 Section 308.1.1.1 Fireplace. No fireplace that uses flammable or combustible liquid as a fuel source shall be allowed inside or outside a structure, except outside for R3 occupancy is allowed. 9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns. Section 308.1.6.3 is amended as follows: 308.1.6.3. Sky lanterns. A person shall not use or release OF Gay se to be released aR i Rtethered sk any sky lantern in the City of Newport Beach. 9.04.100 Addition of Section 324 324 Geological Surveys. Section 324 324 is added as follows: SECTION 324 324 GEOLOGICAL SURVEYS 324-.4 324.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. 321-.2 324.2 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state - licensed and 21-366 Ordinance No. 2019-18 Page 178 of 39 department approved individual or firm, on any parcel of land to be develoaed which: 1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; 2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors: or 3. Modifications to existing systems 9.04.110 Amendment to Section 503.2.1 Dimensions. Section 503.2.1 is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 rnrn) 6.1 m , xG4s e of shei l ders evnept fer and shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6. Roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (41 5 (4.1 m). 9.04.120 Amendment to Section 503.2.4 Turning Radius. Section 503.2.4 is amended to read as follows: 503.2.4 Turning radius. The required turR'Rg radius of a fire apparat us aGE;ess read shall he determiRed by the fire node effiniel The turning radius for fire apparatus access roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet (12.2 m) outside radius. Exception: Cul-de-sacs with center obstructions may require larger turning radius as approved by the fire code official. 9.04.130 Amendment to Section 503.2.5 Dead Ends. Section 503.2.5 is amended to read as follows: 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 77(lmm4 (60.96 m) in length shall be provided with an approved area cul-de-sac for turning around fire apparatus without backing up. 9.04.140 Amendment to Section 503.2.7 Grade. 21-367 Ordinance No. 2019-18 Page 179 of 39 Section 503.2.7 is amended to read as follows: 503.2.7 Grade. The gFade of the gradient for a fire apparatus access road shall be `G ithin the limits established by the fire neGle effiniol hoserd An the - fire departmeRt's apparatus not exceed ten percent. 9.04.150 Amendment to Section 503.4.1 Traffic Calming Devices. Section 503.4.1 is amended to read as follows: 503.4.1 Traffic calming devices. Anv traffic calming devices shall be prehihi+ed „mess in required access roadways when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Policy. 9.04.160 Amendment to Section 503.6 Security Gates. Section 503.6 is amended to read as follows: Vehicle access cep gates. Vehicle access gates or barriers installed across a fire apparatus access roads shall bye., approved by fore�c eonfinioa. Whe re ar se Fity -gates or-c-fr stalled, they shoaII-Tl have an approved m of y en n The s notes and the ,�eaf}s� e�t+e��ec��—a�—R-r�emergeeEy eperatieR shell he mein�ne�� retiE)Ral at all tomes. BeGtriG gate rr��ar--�rrrrnrr rr crcrRvrra--a��c a operaters, where provided, shall be listed OR aGGerdanGe with UL 326. Gates. 'rrPtec.-rn(1P_dBoorautema operation bedesign ' ns � ie tFE-A�EeT,�tra t ins+oneiJ +e nemr.ly with in accordance with the City's Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet (4.27 m) unobstructed width. This minimum width may be increased depending on the ts length of ASTM F2200 the approach. 9.04.170 Amendments to Section 505.1.1 Premises Identification. Section 505.1 is amended by adding Section 505.1.1 to read as follows: 505.1.1 Premises Identification. All multi -unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than six inches (152 mm) in height with a one -inch (25 mm) stroke. Address numbers shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. All multi -unit residential and commercial buildings shall have numbers or 21-368 Ordinance No. 2019-18 Page 180 of 39 addresses place above or immediately adjacent to all doors that allow fire department access. 9.04.180 Amendments to Section 506 Key Box Contents. Section 506 is amended by adding Section 506.3 to read as follows: 506.3 Key box contents. When a Key box is required the following types of keys shall be provided: A. Keys to locked points of ingress whether on the interior or exterior of the building. B. Keys to locked mechanical equipment rooms. C. Keys to locked electrical rooms. D. Kevs to elevator controls. E. Kevs to other areas as directed by the fire code official. 9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in New Buildings. Section 510.1 is amended to read as follows: 510.1 Emergency responder radio coverage in new buildings. new buildings shall have approved radio coverage for emergency responders within the building based upeR on the existing coverage levels of the public safety communication systems utilized by the urisdiGtir,n, mooc„ro,I of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The emergency responder radio coverage system shall comply with the requirements of the Orange County Sheriffs Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. Where it is determined by the fire code official that the radio coverage system is not needed. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative 21-369 Ordinance No. 2019-18 Page 181 of 39 impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. This chapter shall not apply to the following: 1. Existing buildings or structures. 2. One and two family dwellings. 3. Elevators. 4. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story. 5. Wood -constructed residential structures four stories or less without subterranean storage or parking which are not built integral to an above ground multi -story parking structure. For structures that are three stories or less in height, that do not exceed 50,000 square feet on any single story, but includes subterranean parking or storage, this ordinance shall apply only to the subterranean areas. 9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in Existing Buildings. Section 510.2 is deleted in its entirety. 9.04.210 Amendments to Section 510.4.2.2 Technical Criteria. Section 510.4.2.2 is amended to read as follows: 510.4.2.2 Technical criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum prepagatieR delay in miGFE)seGE)R s the appliGatiORS 21-370 Ordinance No. 2019-18 Page 182 of 39 1. The frequency range supported from the 800MHz Count Communications System shall be 851-824 MHz (base transmitter frequencies). 2. The frequency range supported from the 800MHz Count Communications System shall be 806-824 MHz (radio field transmit frequencies). 3. The public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35dB. 4. All system components must be 100 percent compatible with analog and digital modulations after installation, without adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the jurisdiction. 5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. 6. All active in -building coverage devices shall be FCC Part 90 certified. 9.04.220 Amendment to Section 510.5.1.510.5.2 Approval Prior to Installation. Section 510.5.1 510.5.2 is amended to read as follows: 510� 510.5.2 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radie liGensing autherity shall not be installed without prior plan submittal, coordination, and approval from the Oranae Countv Sheriffs Department (OCSD) Communications Division; with a copy provided to the fire and building code official. 9.04.230 Amendments to Section 510.5.2 510.5.3 Minimum Qualifications of Personnel. Section 510.5.2 510.5.3 is amended to read as follows: 21-371 Ordinance No. 2019-18 Page 183 of 39 510.53 510.5.3 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC -issued general radio operators license. 2. Certification of in -building system training issued by an apprev a ;TzatieR ^r appF^v ed SGhGor a nationally recognized organization, school or a certificate issued by the manufacturer of the equipment being installed. 9.04.240 Amendments to Section 510.5.3 510.5.4 Acceptance Test Procedure. Section 510.5.3 510.5.4 is amended to read as follows, with all related subsections remaining unchanged unless specifically modified by this ordinance: 510�3 510.5.4 Acceptance test procedure. Where When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to Verify by a qualified FCC licensed third party technician to ensure that two-way coverage on each floor of the building is n^+ io_q_q +hon a minimum of 95 percent. The test procedure shall be conducted as follows: 9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance. Section 510.6.1 shall be amended as follows: 510.6.1 Testing and proof of compliance. The owner of the building or C_W.XAor'G ,,,+h^riZed agent their representative shall have the emergency responder radio coverage system shall be inspected and tested annually or where whenever structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following: 1. I^ hu i l d i n^ Goverage—test-asdesc�i#e—Qec+0. Signal boosters shall be tested to vef;fy ensure that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance 21-372 Ordinance No. 2019-18 Page 184 of 39 of the system. In -building system components shall be tested to determine general function operability. If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications, and the fire and building code official. .32. Backup batteries and power supplies shall be tested under load of for a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined. 4 3. All other active components shall be checked to verify operation within the manufacturer's specifications. 5 4. At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.3, shall be submitted to OCSD Communications and the fire and building code official. 9.04.260 Addition of Section 511.1 BUILDING INFORMATION. Section 511.1 is added to read as follows: SECTION 511.1 BUILDING INFORMATION 511.1 Building information. The fire code official is authorized to require a cabinet for onsite storage of pre -plans and other building information that is accessible to the fire code official. 9.04.270 Amendments to Section 903.2 Where Required. Section 903.2 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the following locations ilocnrih in Corms 903 2 1 through 903 7 12 • "Building Area" as used a'cvarry c6 rr.��.r. � . in this section shall mean gross building area enclosed within exterior walls. 21-373 Ordinance No. 2019-18 Page 185 of 39 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing system shall also 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. 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 ml�_ 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. 9.04.280 Amendments to Section 903.2.8 Group R. Section 903.2.8 Group R is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throuahout all new buildinas. 2. Existing buildings: An automatic sprinkler system shall be installed throuahout when one of the followina conditions exists: a. An addition when the increase in building size is 2,000 sq. ft. or more and exceeds 50% of the area of the existing structure. b. An addition, when the existing building is already provided with an automatic sprinkler system. c. As determined for new construction per Section 102.4 Exceptions: 21-374 Ordinance No. 2019-18 Page 186 of 39 1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing bedridden clients, not housing non _ambulatory clients above the first floor, and not housing clients above the second floor. 2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code. 3. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not tripper a requirement for fire sprinklers to be installed in the existing primary dwelling. 4. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existina multifamilv dwellina. 5. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors. 6. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over). When not used in accordance with ore ^r height ir,rreases f^r 7, it^matir fire SpFinhlers allowed in Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 9.04.290 Amendments to Section 903.3 Installation Requirements. Section 903.3 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 21-375 Ordinance No. 2019-18 Page 187 of 39 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8 and in accordance with City's Guidelines and Standards F.02 Fire Sprinkler System Design Pressure. 9.04.300 Amendments to Section 907.1 General. Section 907.1 is amended by adding Section 907.1.6 to read as follows: 21-376 Ordinance No. 2019-18 Page 188 of 39 907.1.6 System design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the buildina fire alarm panel. Smoke detectors connected to the alarm system shall have a visible indicator that disDlays the status of the detector. When a detector is located in a space above a drop ceiling, an indicating light shall be provided and plainly visible. Exception: Smoke detectors installed with an addressable alarm system capable of showing the approximate location of all activating devices. 9.04.310 Amendments and Additions to Section 912.1 Fire Department Connections. Section 912.1 is amended by adding Section 912.1.1 to read as follows: 912.1.1 Installation. The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. When the fire flow demand of a sprinkler system is 500 qpm or greater, including the interior hose stream demand if a standpipe system is installed, four 2 1/2" inlets shall be provided. 9.04.320 Amendment to Section 912.2 Location. Section 912.2 is amended to read as follows: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connection shall be no more than 100 feet (30.48 m) from a Public hydrant. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. The location of fire department connections shall be approved by the fire code official. 9.04.330 Amendment to Section 1203.1.1 Stationary Generators. Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows: 21-377 Ordinance No. 2019-18 Page 189 of 39 1203.1.1.1 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 1203.2 of the California Fire Code in every fire control room and in other areas as may be designated by the fire code office. Emergency outlets shall be placed in the following locations: 1. In the main exit corridor of each floor adjacent to each exit enclosure. 2. On every level in every stairwell. 3. In each elevator lobby. 4. In public assembly areas larger than 1,500 square feet. 5. In every fire control room. 6. In such other areas as may be designated by the fire code nffirial 9.04.340 Amendments to Section 3602 Definitions. Section 3602.1 is amended to add the following: DOCK. 9.04.350 Amendments to Section 3603.6 Berthing and Storage. Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows: 3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas shall be arranged such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels. Exceptions: 1. Tenders or dinghies may be tied to a vessel's stern without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam. 21-378 Ordinance No. 2019-18 Page 190 of 39 2. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy, up to a maximum of 14 feet in length, tied to the vessel's stern. 3603.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. The person is responsible for moving the vessels. c. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided. 2. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time, which shall be approved by the fire code official and per City's Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special Events. 9.04.360 Amendment to Section 3604.1 General. Section 3604.1 is amended to read as follows: 3604.1 General. Piers, marinas., aPA wharves, docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing five or m()Fe vessels., and marine motor vehicle fuel -dispensing facilities stations shall be equipped with fire protection equipment in accordance with Sections 3604.2 through 3604.6. 9.04.370 Amendment to Section 3604.2 Standpipes. Section 3604.2 Standpipes is amended to read as follows: 21-379 Ordinance No. 2019-18 Page 191 of 39 3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or float is more than 150 feet from a fire apparatus access road, it shall be equipped with a Class III standpipe system installed in accordance with NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and Piers. M—AFER—AS ARd beatyards shall he equipped thFeUgheUt I.A.4t Istandpipe systems RacG9_1r�TrGP_ �.A.T}h NICDA 2(1Z Systems shall he preyirled with hose nr,nneGtir`ns IGGaterl si inh that ne print on the marina pier or float system evneeds 150 feet (1 5 240 mm) from a standpipe hose nrnnentirn 9.04.380 Replacement to (chanter AA Requirements for Wildland- Irhan Interface Core Are NOTE: Chapter 49 of the 2022 CFC will be adopted as is with the following amendments (3 amendments for this chapter) ... vegetative fuels may readily traRGMit fire tt �11v,1119411-1'-5� nw,z! V&reNn+,!i-ir Cw _., -_ .. 21-380 Ordinance No. 2019-18 Page 192 of 39 r R - y r ffe \ I JW 21-381 Ordinance No. 2019-18 Page 193 of 39 RIM ■ - IN M., IIIIII r - 1 ■ 1 \ ■ - � 1 \ ► � 1 . - 1 1 1MUMIMUMUMMU 21-382 Ordinance No. 2019-18 Page 194 of 39 ... ,,.. ,,.. • ■_ .. • ji Rim p- -- ME . ... i�.i i•. d•7i7silver�E�!'S.'NT..TI.::L:'.T.T.tL:,i�TTl1■l�J■lf'�TS'r.T.l.IGTSIL�GTIG::T: 21-383 21-383 Ordinance No. 2019-18 Page 195 of 39 L[•7iLiez� ��1�T.KtfSS :7� _ . T.Tlr-7 -MINN.Ill --L------ _ - - op _ �. LvA. D_ to Fuel M. 21-384 Ordinance No. 2019-18 Page 196 of 39 Refuse ... ,,. - -- __ mill MCC 21-385 Ordinance No. 2019-18 Page 197 of 39 1. All ,i lands designate by the State Beard of Forestr�i UROR ate and Fire Dreteetien as State Responsibility Area (SRA) including: 1 1 ., Modema}e �i�c-Mrie Hazarcd dteVie it.�,.,,. 1.2. Hinh� r_i.re �HazardSeverity L�eReS 1.3. Very high Fire Hazard Severity Zones 2 Land designated as Very high Giro Hazard Severity Zeno by cities and ether leeal agennies 4906. Z Qeg,,ir I -la v + +,en d er��LlVTr—•CITICI—fCfe�'�J�GITVGTfC'r—QTf f,, UREI all ZTQV�IZI.i�Q'TreflTel"I'C'7�flTJr-Pe�. hle buildings and str,, ,res shall he maintainer! in annerdange �a�nli . 7TTGG�Ai .�pLfT'fQ1Tf�J—GTTQ�CfF �JTf� }1.1 ith the follE)Wing lay is and reg,,latiens• blir, C?e ee, 9eE16♦>l-42$1- lifernia Gede of. Pceg' lat±e+}s�Etle-14 Division 1 F Chapter M ,,..,, �� '++,,..,, Ii�QTCf , , (see gi iirdanee f�plGMGRt-At�ni��eReral 3, SeGtiE) ,��7TTCfl7 M,�,I ,Subchapter _1_299 etlf te-Feate-Cefe n s i h I e S e a " Q-A ... fernia %'nVeRRR.R.ent Gede, SeEtien Fr, -wive 4. Gail #erRFa Cedef , �lati Title 1 9 Diyisien 1 #aster 7 �+ � � b � �.., ,� � � � 1 �+ ms,--G' eg�aRe�s , r,-�T z.,�,��,o d Fa p tGi�deEti e nvn 3.07. 0 SECTION 4907 DF=F=€nlcI�F—= 2P°�USE O.F= , EQUIPMENT PMENT � �r�� IA' LOCAL AGENCY VERY HIGH CIRC HAZARD SEVERITY 0NES, m I HAZARD REDUCTION Zn�Co _7 ..� ■_ .. 11STAIrmom 21-386 Ordinance No. 2019-18 Page 198 of 39 ...T lake, AcA.. IMLLLU 21087 Ordinance No. 2019-18 Page 199 of 39 L. Entry in the GOUrse E)f duty by peaGe OF p0liGe OffiGers, other duly 21-388 Ordinance No. 2019-18 Page 200 of 39 M M W&Mr. MM EMMM"MMUMMERM"M Mr. MOM e .. I I I!! IIIH I, I X I 9.04.380 Amendment to Section 4905.2 Construction methods and requirements within established limits. Section 4905.2 is amended by adding Section 4905.2.1 to read as follows: Section 4905.2.1 Required ventilation screeninq for existing structures. All structures with the identified Very High Fire Severity Zones with ventilation openings shall comply with all of the following: 1. Vents shall be covered with a mesh where the dimensions of the mesh therein shall be a minimum of 1/16" and shall not exceed 1/8" in diameter. 2. The mesh material shall be non-combustible. 3. The mesh material shall be corrosion resistant. 9.04.385 Amendment to Section 4906.4.2 Trees. Section 4906.4.2 is amended by adding the following subsection 4 to read as follows: 21-389 Ordinance No. 2019-18 Page 201 of 39 4. Existing trees shall be trimmed so no portion of the tree shall hang over or touch new and existing structures. 9.04.386 Amendment to Section 4907.3 Defensible space requirements. Section 4907.3 is amended by adding Section 4907.3.1 to read as follows: Section 4907.3.1 Required noncombustible zone. A 1-foot (305 mm) wide noncombustible zone is required at the base of all new and existing structures. Materials may include, but not limited to, concrete, brick, pavers, gravel, and decomposed granite. 9.04.390 Amendment to Section 5003.12 Outdoor Control Areas. Section 5003.12 is amended by adding the following subsection 5 to read as follows: 5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official. 9.04.400 Amendment to Section 5004.1 Maximum Quantity on Site. Section 5004.1 is amended by adding Section 5004.1.1 to read as follows: 5004.1.1 Maximum quantity on site. No person shall use or store any amount of Extremely Hazardous Substances (EHS) equal to or greater than the amounts disclosed as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to Property developed with residential uses, unless approved mitigation measures are implemented and maintained, as required by the fire code nffirinl 21-390 Ordinance No. 2019-18 Page 202 of 39 9.04.410 Amendment to Section 5601.1.2 Explosive Materials Terminals. Section 5601.1.2 is amended to read as follows: .0 .. - .._.......,.,._ s,..mal _z....._�...�..�s._,.Ac r-.a .. of NET, A No person shall store explosives or blasting agents anywhere in the City of Newport Beach unless the fire code official has issued a permit authorizing use and/or storage. 9.04.420 Amendment to Section 5601.1.3 Fireworks. Section 5601.1.3 is amended to read as follows: 5601.1.3 Fireworks. The possession, storage sale-, handliRg and use of firo��ni�er'l�s are prehihited No person shall store, use, sell, possess, or handle fireworks II AG, (commonly referred to as "Safe and Sane") and fireworks 1.3G anywhere in the City of Newport Beach. Exceptions: Fireworks JAG and fireworks 1.3G may be part of an electronically fired public display when permitted by the fire code official and conducted by a licensed pyrotechnic operator. • ■WX_�• • 00 and 1507, and D(DTn .. • ■ 21-391 Ordinance No. 2019-18 Page 203 of 39 9.04.430 Amendment to Section 5601.2.2 Sale and Retail Display. Section 5601.2.2 is amended to read as follows: 5601.2.2 Sale and Retail display: Persons shall not construct conduct a retail display nor offer for sale explosives, explosive materials or fireworks upon highways, sidewalks, public p mfferty properties, or I^ Group ° or E anywhere in the City of Newport Beach. 9.04.440 Amendment to Section 5704.2.11 Underground Tanks. Section 5704.2.11.1 is amended by adding subsection 4 to read as follows: 4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district. as defined in Section 20.14.020 of the Newport Beach Municipal Code. 9.04.450 Amendment to Section 5706.4 Bulk Plants or Terminals. Section 5706.4 is amended to read as follows, with related subsections remaining unchanged unless expressly modified by this ordinance: 5706.4 Bulk plants or terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of dffiStFibUtieR distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers shall be on a,.,.,,,-daRGe are prohibited within the boundaries of the City of Newport Beach except as permitted by the fire code official. Approved installations shall comply with Sections 5706.4.1 through 5706.4.10.4. 9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings. Section B105.2 is amended to read as follows: B105.2 Buildings Other Than One -and Two- Family Dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire flow and flow -duration for buildings other than one -and two-family dwellings, Group R 3 and rR 4 buildings and +ownh` uses shall be as specified in Tables 8105.2 and 81 OF 1(`" B105.1 (1). 21-392 Ordinance No. 2019-18 Page 204 of 39 Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed duration as specified in Table B105.1(2). [SFM] Group B, S 2 ancand U GGGUpaRGiea haviRg a fleer area RG eXGeedinn 1,000 squaFe feet, primarily GeRStciz;Etec yr PAPrrOA-m-hustible exterie walls with weed or steel roof framing, having a Class A rooll assembly, uses with limited to the following or similar uses: TCalifornia State Parrs buildings of an aGGesJery nature (restre�). 2 Safety readside rest areas (SRRA) p blip restreerns I��Z7:T:I�S1L.......... .:.fIP. - . lST...... 9.04.470 Local Agency Very High Fire Hazard Severity Zone. The City of Newport Beach designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the Government Code. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: 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 21-393 Ordinance No. 2019-18 Page 205 of 39 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 5: Except as expressly modified herein, all other sections, subsections, terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) 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 4 3, 2020 2023 pursuant to California Health and Safety Code Sections 17958 and 18941 and Government Code Section 36937(e). This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 54# 15th day of November, 2-019 2022, and adopted on the 491 29th day of November, 2019 2022, by the following vote, to -wit: 21-394 Attachment G Map of the Very High Fire Hazard Severity Zone for the City of Newport Beach 21-395 I 7, --j C:— .1� � X, X. afa C6/11/2D'.2 VIIFHI7_A3b— N ID 0.25 0.5 Miles 22-91 21-396