HomeMy WebLinkAbout10 - Adoption of the 2016 California Building Standards and Fire Codes with Local AmendmentsNovember 7, 2016
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, AICP, Community Development Director
949-644-3232, kbrandt(c)-newportbeachca.gov
PREPARED BY: Seimone Jurjis, Assistant Community Development Director, CBO
949-644-3282, siuriis@newportbeachca.gov
TITLE: Adoption of the 2016 California Building Standards and Fire Codes
with Local Amendments
ABSTRACT:
The City of Newport Beach (City) enforces 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, 2017 effective date of the new codes. Attached are the resolutions making
specific findings to the proposed City amendments along with draft ordinances
introducing the proposed codes. If passed, this item will return for final adoption of the
ordinances on November 22, 2016.
RECOMMENDATION:
a) Conduct 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) of the CEQA Guidelines,
because they will not result in a physical change to the environment, directly or
indirectly;
c) Adopt Resolution No. 2016-118, 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, and
the California Plumbing Code as Reasonably Necessary because of Local Climatic,
Geographic, or Topographic Conditions;
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Adoption of the 2016 California Building Standards and Fire Codes
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d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2016-17, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 15 of the Newport Beach Municipal Code to Adopt
Amendments to Chapter 1 Division 11 of the 2016 California Building Code
Designated as the Newport Beach Administrative Code; to Adopt the 2016
California Historical Code, the 2016 California Existing Building Code, the 2016
California Green Building Standards Code; and the 2016 California Energy Code;
and to Adopt the Local Amendments the 2015 International Property
Maintenance Code, the 2016 Edition of the 2016 California Building Code, the
2016 Edition of the California Residential Code, the 2016 California Electrical
Code, the 2016 California Mechanical Code, and the 2016 California Plumbing
Code, and pass to second reading on November 22, 2016;
e) Adopt Resolution No. 2016-119, 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 Modification and Changes
to the 2016 Editions of the California Fire Code as Reasonably Necessary
because of Local Climatic, Geographic, or Topographic Conditions; and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2016-18, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 9 of the Newport Beach Municipal Code to Adopt the
2016 California Fire Code with Local Amendments, and pass to second reading
on November 22, 2016.
FUNDING REQUIREMENTS:
There is no fiscal impact to the City for this action.
DISCUSSION:
The California Building Standards Code is published every three years and amends the
California Code of Regulations Title 24. These codes are commonly referred to as
Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green, and Energy Codes.
This year the Fire Code is presented along with the other Building Standards Codes
under this staff report but with a separate resolution and ordinance.
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, 2017, as the
statewide effective date for all of the 2016 California Building Standards Codes. All
local municipalities are required to enforce such codes as the minimum design and
construction codes.
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November 7, 2016
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City Council approval of the draft ordinances on November 22, 2016 would result in the
amendment of Titles 9 and 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 codes:
2016 California Building Code
2016 California Fire Code
2016 California Residential Code
2016 California Electrical Code
2016 California Mechanical Code
2016 California Plumbing Code
2016 California Green Building Standards Code (Cal Green)
2016 California Historical Building Code
2016 California Existing Building Code
2015 International Property Maintenance Code
Public Workshop
On October 12, 2016, staff held a public workshop to gain input on the proposed draft
ordinance and amendments. Over 500 mailers were sent out and invitations were
emailed as well. The workshop was open to the public and over 85 architects,
engineers, and designers attended. Copies of the draft ordinance were provided to the
attendees. The workshop was positively received by the attendees. Though no
amendments were requested to be deleted, an amendment was rewritten for clarity.
Buildina and Fire Board of Aaaeals
On October 18, 2016, the Building and Fire Board of Appeals convened with six
members of the board in attendance. At the meeting, staff presented the proposed draft
amendments. Chair Brion Jeanette questioned NBMC Section 9.04.140 in respect to
the maximum ten percent gradient allowed for a fire apparatus access road. In
response to that question, the generally accepted maximum is ten percent, but the Fire
Code Official may accept a steeper gradient when unusual circumstances exist.
Key Municipal Code Amendments
Staff is proposing the following amendments to the NBMC to reflect conditions in the
City Newport Beach:
NBMC Section 15.04.130 amends the minimum roof covering classification from
a Class C to a Class B. In previous code amendments the roof classification was
amended from a Class C to a Class A, which is the highest fire resistive rating.
This proposed amendment drops the rating of the roof to a Class B classification.
This allows more design flexibility by the design professional. Projects built in
areas designated as the Very High Fire Hazard Severity Zone (depicted in green
mostly around Newport Coast, as shown below) shall continue to use a Class A
roof.
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November 7, 2016
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Very High Fire Hazard Severity Zone
NBMC Section 9.04.080 prevents the use of flammable or combustible liquid as a
fuel source for a fireplace with the exception of exterior use in single family or
duplex properties.
NBMC Section 9.04.090 prevents the use of sky lanterns. Sky lanterns have the
potential to land on a roof or dry vegetation and cause significant damage due to
fire.
NBMC Section 9.04.190 and 9.04.210 requires emergency responder radio
coverage in new buildings. This is a relatively new requirement that was added
in the previous code cycle for newer commercial buildings. Typically buildings
that are 50,000 square feet or larger in size or include a basement are require to
be equipped with special radio equipment for emergency responders. The radios
ensure that emergency responders inside a building are in constant radio
communication with other emergency responders outside the building. The
proposed amendments are consistent with the amendments by surrounding
Orange County agencies.
Section AJ102.4.3 of Appendix J of the California Residential Code allows the
existing window sill height to remain when emergency egress windows, such as
in bedrooms, are replaced in kind.
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Adoption of the 2016 California Building Standards and Fire Codes
November 7, 2016
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Areas of Efficie
Below are three points highlighting where efficiencies have been made during the code
adoptions process:
There is a 30 percent reduction in amendments proposed for building related
codes.
The proposed amendment to reduce the roof classification from the previous
requirement of Class A to a Class B allows the opportunity for reroof building
permits to be issued online through the City's new iPermit program.
To allow occupants to easily escape through the open window in an emergency,
one window in each bedroom requires the window sill height to be no greater
than 44 inches. This requirement can be a challenge for older existing housing
stock. With the adoption of these codes, the existing sill heights may remain and
will no longer have to be lowered to meet the maximum height requirements.
This will now allow the replacement of windows to be permitted through the City's
iPermit program.
The City's online iPermit program has been a highly successful pilot project that staff
continues to expand.
ENVIRONMENTAL REVIEW:
Introduction of the 2016 California Building Codes, including proposed local
amendments, are not subject to the California Environmental Quality Act ("CEQA")
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
indirect physical change In the environment), and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because they have no potential for resulting in physical
change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Notice of this hearing was
published at least 10 days in advance of this hearing.
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Adoption of the 2016 California Building Standards and Fire Codes
November 7, 2016
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ATTACHMENTS:
Attachment A
— Resolution — Adopting Findings to the Amendments to the Building and
Other Related Codes
Attachment B
— Draft Ordinance — Adopting the Building and Other Related Codes
Attachment C
— Redline Version of Building and Other Related Code Amendments
Attachment D
— Resolution — Adopting Findings to the Amendments to the Fire Code
Attachment E
— Draft Ordinance — Adopting the Fire Code
Attachment F —
Redline Version of Fire Code Amendments
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Attachment A
Resolution — Adopting Findings to the Amendments to the
Building and Other Related Codes
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RESOLUTION NO. 2016-
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, AND
THE CALIFORNIA PLUMBING CODE AS REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC,
GEOGRPAHIC, 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 2016 California Building Code
based on the 2015 International Building Code of the International Code Council, the
2016 California Residential Code based on the 2015 International Residential Code, the
2016 California Green Building Standards Code, the 2016 California Plumbing Code
based on the 2015 Uniform Plumbing Code of the International Association of Plumbing
and Mechanical Officials, the 2016 California Mechanical Code based on the 2015
Uniform Mechanical Code of the International Association of Plumbing and Mechanical
Officials, and the 2016 California Electrical Code based on the 2014 National Electrical
Code of the National Fire Protection Association, the 2016 California Energy Code, the
2016 Historical Code, the 2016 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;
WHEREAS, the Chief Building Official has recommended that changes and
modifications be made to the Codes and have advised that these changes and
W:
Resolution No. 2016 -
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modifications to the model codes are reasonably necessary due to local conditions in
the City and have 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 (Health and Safety Code Section
17958.7).
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 2016 Editions of the International Property Maintenance Code,
California Building Code, California Residential Code, California Electrical Code,
California Mechanical Code, and California Plumbing Code, as recommended by the
Chief Building Official are hereby found to be necessary due to local climatic,
geographic or topographic conditions:
INTERNATIONAL PROPERTY
MAINTENANCE CODE SECTION
JUSTIFICATION/EXPRESS FINDINGS
303.2 (Enclosures)
Make consistent with the California
Building Code
CALIFORNIA BUILDING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
701A.1(Scope)
d, e, f
701A.3 (Delete Exception #4)
d, e, f
701A.3.1 (Delete Exception #2)
d, e, f
702A (Def. Unenclosed Covered Structure)
d, e, f
708A.2 (Exterior Glazing)
d, e, f
708A.2.1 (Skylight)
d, e, f
710A.3 (Accessory Structures)
d, e, f
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Resolution No. 2016 -
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710A.4 (Requirements)
a, b, c, d, f, h
902 (Building Area)
c, d, e, f
903.2 (Sprinkler Requirement Commercial)
c, d, e
903.2.8 (Sprinkler Requirement Residential)
c, d, e
1505.1 (Minimum Roof Covering)
d, e, f
1505.1.3 (Roof Coverings Within all Other
Areas)
d, e, f
1704.2.1 (Special Inspector Qualifications)
g, h,
1812 (Earth Retaining Shoring)
b, g, h
1905.1.7 (Delete Exceptions 1 through 3)
g, h
3109.4.4.2 (Pool Safety Features)
j, k,
CALIFORNIA RESIDENTIAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b
R301.1.1.1 (Deleted)
e, f, g, h
R301.1.3 — R301.1.3.3 (Engineered Design)
a, b, d, c, g, h, i, j
R301.2.4 — R301.2.4.1 (Floodplain
Construction)
i, j
R309.3 (Flood Hazard Areas)
R313 (Replaced with CBC 903.2.8)
a, b, c, e, i
R319.1 (Address Identification)
k,
R322 (Adding Floodplain Management
Ordinance)
R326 (Swimming Pools, Spas, and Hot Tubs)
Additional reference to California
Building Code
R337 (Materials and Construction Method of
Exterior Wildfire Exposure)
Additional reference to California
Building Code
R341 (Sound Transmission)
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Resolution No. 2016 -
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R401.4 (Geotechnical Investigations)
a, b, c, g, h, i
R404 (Foundation and Retaining Walls)
a, b, c, g, h, i
R405.1 (Basement Wall Drainage)
i, j
R409 (Earth Retaining and Shoring)
a, b, c, g, h, i
R902 (Roof Classification)
d, e, f,
CALIFORNIA ELECTRICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R342.10 (Atmospheric Conditions and
Occupancies)
i, J
R344.10 (RMC — Uses Permitted)
i, j
R358.10 (EMT — Uses Permitted)
i, j
CALIFORNIA MECHANICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
CALIFORNIA PLUMBING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
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
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Resolution No. 2016 -
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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 likely damaged after a major seismic event. This would
leave tall buildings vulnerable to uncontrolled fires due to a lack of available
water and an inability to pump sufficient quantities of available water. A severe
seismic event has the potential to negatively impact any rescue or fire
suppression activities because it is likely to create obstacles similar to those
indicated under the high wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with
reduced fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
e. The City of Newport Beach, especially the foothill areas, is geographically located
in an area periodically subject to high temperature dry Santa Ana wind conditions of
high velocity. Moreover, the topographical conditions of the foothill areas and
canyons contained therein tend to accelerate the periodic high velocity winds by
means of a venturi effect. The use of non -rated or special purpose roofing
materials as roof coverings within the City of Newport Beach may create an
inordinate fire hazard during periods of high velocity winds when fire may spread
across buildings with roof coverings of non -rated combustible materials.
f. Embers from chimneys without spark arresters within the City of Newport Beach,
including the foothill areas, coupled with the climatic, topographic and geographic
conditions described herein above, may permit the throwing of sparks, embers and
cinders upon non -rated and special purpose roofing material roofs during periods of
high velocity winds, thereby creating a fire hazard which in tum may spread
throughout areas where the roofs of structures are covered with wood shakes and
shingles.
g. The City of Newport Beach is subject to seismic activity which may result in
damage to existing structures that do not comply with current code. Repair of
earthquake damage according to 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
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Resolution No. 2016 -
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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 hilly areas subject to landslides and coastal areas
subject to liquefaction.
The City of Newport Beach has coastal and bay front areas with sandy soils and
a shallow water table at the same elevation as bay water elevation which
fluctuates with the tide. Sandy soils and high ground water level may cause the
soils to liquefy during a seismic event.
j. The City of Newport Beach contains low lying coastal areas subject to flooding from
sustained rain with tides which hinders drainage to the bay. Certain other areas
such as Balboa Island are subject to water surges from drainage through back bay.
Other oceanfront areas are subject to flooding from storm -driven surf. West
Newport Beach is subject to flooding from the Santa Ana River. The City of
Newport Beach participates in the Federal Flood Insurance Program and has
adopted a FEMA -required flood management ordinance with flood mitigation
measures including construction requirements contained in Newport Beach
Municipal Code Chapter 15.50.
k. Newport Beach is located in Southern California and can be subject to air pollution,
water and power shortages, climate change, and potential pollution of bay water.
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography.
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
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Resolution No. 2016 -
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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, 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 7th day of November, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp �M kaft.;l1v
City Attorney
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Attachment B
Draft Ordinance — Adopting the Building and Other Related Codes
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CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2016 -
TABLE OF CONTENTS
TITLE 15
Paqe
SECTION 1
Amendments to Chapter 15.02 Administrative Code
3
SECTION 2
Amendment to Chapter 15.03 International Property
7
Maintenance Code
SECTION 3
Amendments to Chapter 15.04 Building Code
8
SECTION 4
Amendments to Chapter 15.05 Residential Code
16
SECTION 5
Amendment to Chapter 15.06 Electrical Code
24
SECTION 6
Amendment to Chapter 15.07 Mechanical Code
26
SECTION 7
Amendment to Chapter 15.08 Plumbing Code
27
SECTION 9
Amendments to Chapter 15.11 Green Building Standards Code
28
SECTION 10
Adoption of Chapter 15.13 Historical Building Code
29
SECTION 11
Adoption of Chapter 15.14 Existing Building Code
29
SECTION 12
Adoption of Chapter 15.17 Energy Code
30
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Ordinance No. 2016 -
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ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 15 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT AMENDMENTS TO
CHAPTER 1 DIVISION II OF THE 2016 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2016
CALIFORNIA HISTORICAL CODE; THE 2016
CALIFORNIA EXISTING BUILDING CODE; THE 2016
CALIFORNIA GREEN BUILDING STANDARDS CODE;
AND THE 2016 CALIFORNIA ENERGY CODE; TO ADOPT
WITH LOCAL AMENDMENTS TO THE 2015
INTERNATIONAL PROPERTY MAINTENANCE CODE;
THE 2016 EDITION OF THE 2016 CALIFORNIA BUILDING
CODE; THE 2016 EDITION OF THE CALIFORNIA
RESIDENTIAL CODE; THE 2016 CALIFORNIA
ELECTRICAL CODE; THE 2016 CALIFORNIA
MECHANICAL CODE; AND THE 2016 CALIFORNIA
PLUMBING CODE.
RECITALS
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 2016 Edition of the California Building Standards Code ("CBC');
WHEREAS, the 2016 CBC is based on the 2015 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, 2017. In order to include our local amendments and enhance life safety and
property protection, the City of Newport Beach ("City") must complete its adoption
process thirty (30) days prior to January 1, 2017. 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.
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Ordinance No. 2016 -
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These local changes will be incorporated into Title 15 of the Newport Beach Municipal
Code;
WHEREAS, to aid in efficiency and clarity, portions of Title 15 are amended in
their entirety as indicated in this ordinance and replaced with each of these
modifications to the CBC that are correlated with the findings in Resolution No. 2016-_
adopted by the City Council of the City of Newport Beach on November 7, 2016. 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; and,
WHEREAS, the 2016 CBC is similar to the 2013 version; the attached ordinance
contains similar provisions as adopted by the City Council in 2013. 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 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
Amendment to Section 102.7.
15.02.070
Added to Section 103.1
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Ordinance No. 2016 -
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15.02.080
Amendment to Section 105.2
15.02.090
Amendment to Section 105.3.2
15.02.100
Amendment to Section 105.5
15.02.110
Amendment to Section 109.4
Section 15.02.010 Adoption of the Administrative Code.
15.02.010 Adoption of Section 15.02.010
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2016 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 2016 California Building Code printed in code book
form shall be kept on file in the office of the City Clerk.
Section 15.02.020 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3
Section 101.4.3 is amended to read as follows:
Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall
apply to the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
Section 15.02.040 Amendment to Section 101.4.4
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the Newport Bach
Property Maintenance Code shall apply to existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life and fire
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Ordinance No. 2016 -
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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 is deemed necessary by the Chief Building Official.
Section 15.02.060 Added to Section 102.7
Section 102.7 is added to read as follows:
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 $209,000;
2. The Chief Building Official is authorized to accept less than the
requirements for new construction if substantial conformance to the
requirements is found and the protection of life and property are
maintained.
Section 15.02.070 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.
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Section 15.02.080 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in
height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8
mm) in height above lowest adjacent grade.
Section 15.02.090 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 15.02.100 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 have been made or will be made in the original approved
plans and specifications for such work; and provided further that such
suspension or abandonment has not exceeded one year. Permits shall not be
renewed more than once. The building official is authorized to grant, in writing,
one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
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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 other provisions of either this code
or the technical codes nor from the penalty prescribed by law.
Section 2: Chapter 15.03 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.03.010
Adoption of the International Property Maintenance
Code
15.03.020
Deletion of Chapter 1, except Sections 101, 102 and
108.1 through 108.1.5
15.03.030
Amendment to Section 101.1
15.03.040
Amendment to Section 102.3
15.03.050
Amendment to Section 303.2
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 2015 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
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Code. A copy of the 2015 International Property Maintenance Code shall be kept on file
in the office of the City Clerk.
Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1
through 108.1.5
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 105, and 108.1 through 108.1.5.
Section 15.03.030 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the applicable adopted codes Nothing in this code
shall be construed to cancel, modify or set aside any provisions of the Newport
Beach Zoning .
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 shall
comply with section 3109.4.2 as amended in Section 15.04.210 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 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
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Sections:
Ordinance No. 2016 -
Page 9 of 32
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 708A
15.04.080
Amendment to Section 708A.2.1
15.04.090
Amendment to Section 710A
15.04.100
Amendment to Section 902
15.04.110
Amendment to Section 903.2
15.04.120
Amendment to Section 903.2.8
15.04.130
Amendment to Table 1505.1
15.04.140
Amendment to Section 1505.1.3
15.04.150
Amendment to Section 1704.2.1
15.04.160
Add Section 1812 Earth Retaining Shoring
15.04.170
Amendment to Section 1905.1.7
15.04.180
Amendment to Section 3109.4.4.2
Section 15.04.010 Adoption of the 2016 California Building Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Building Code, Volumes 1 and 2, including
section 1812A, Appendix C, I, and California Code of regulations Title 24 part 8 and part
10 and all national codes and standards referenced therein, based on the 2015
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 2016 California Building Code Volumes 1 and 2,
printed in code book form, shall be kept on file in the office of the City Clerk.
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Section 15.04.020 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in
height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8
mm) in height above lowest adjacent grade.
Section 15.04.030 Amendment to Section 701A.1
Section 701 A.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
andlor assemblies used in the exterior design and construction of buildings
including one -and two-family dwellings located within a Fire Hazard Severity
Zone or Wildland-Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701A.3
Section 701A.3 is amended by deleting Exception #4 in its entirety:
Section 15.04.050 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 15.04.060 Amendment to Section 702A
Section 702A is amended with one addition to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or open roof and no more than one enclosed side.
Section 15.04.070 Amendment to Section 708A
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Section 708A is amended to read as follows:
SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS
Section 708A.1 General.
Section 708A.2 Exterior glazing. The following exterior glazing materials and/or
assemblies shall comply with this section:
1. Exterior windows
2. Exterior glazed doors
3. Glazed openings within exterior doors
4. Glazed openings within exterior garage doors
5. Exterior structural glass veneer, and
6. Skylights
Section 15.04.080 Amendment to Section 708A.2.1
Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight
assembly requirements. Exterior windows, exterior glazed door assemblies and skylight
assemblies shall comply with one of the following requirements:
Section 15.04.090 Amendment to Section 710A
Section 710A is amended to read as follows:
SECTION 710A ACCESSORY STRUCTURES
Section 710A.3 Where required. Accessory structures shall comply with
the requirements of this section.
710A.3.2 Detached accessory structures within 50 feet of an applicable
building shall comply with the requirements of this section.
Section 710A.4 Requirements. Accessory structures shall be constructed of
noncombustible, ignition -resistant materials, or heavy timber.
Section 15.04.100 Amendment to Section 902 is amended by adding:
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Ordinance No. 2016 -
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BUILDING AREA as used in this chapter shall mean gross building area
enclosed within exterior walls.
Section 15.04.110 Amendment to Section 903.2
Section 903.2 is amended to read as follows.-
Section
ollows:
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.
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when 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),
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.
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
Section 15.04.120 Amendment to Section 903.2.8
Section 903.2.8 is amended to read as follows:
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Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings with a
Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a) When the total area of addition and reconstruction exceeds 2,000 sq.ft.
and exceeds 50% of the area of the existing structure.
b) An addition when the existing building is already provided with automatic
fire sprinkler system.
c) As determined for new construction per Section 102.7
The Chief Building Official may approve alternative methods and materials
when an equivalent or greater level of Fire protection is achieved.
Section 15.04.130 Amendment to 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 15.04.140 Amendment to Section 1505.1.3
Section 1505.1.3 is amended to read as follows:
Section 1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the addition, alteration, repair or
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Ordinance No. 2016 -
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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 15.04.150 Amendment to Section 1704.2.1
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of
Newport Beach or his/her designated representative. The special inspector shall
furnish continuous inspection on the construction and work requiring his/her
employment as prescribed in the applicable code. The special inspector shall
report to the Chief Building Official in writing, noting all code violations and other
information as required on forms prescribed or approved by the City of Newport
Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
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 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 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.
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The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they qualify as special inspectors.
Section 15.04.160 Add Section 1812 Earth Retaining Shoring
Section 1812 is added to read as follows:
1812: Earth Retaining Shoring. Shoring shall meet the requirements of Section
1812A Earth Retaining Shoring.
Section 15.04.170 Amendment to Section 1905.1.7
Section 1905.1.7 is amended by deleting Exceptions 1 through 3 in its entirety:
Section 15.04.180 Amendment to Section 3109.4.4.2
Section 3109.4.4.2. is amended to read as follows:
Section 3109.4.4.2 Construction permit; safety features required.
Commencing January 1, 2007, except as provided in Section 3109.4.4.5, for the
protection of the public, residents and their guests, whenever a building permit is
issued for construction of a new swimming pool or spa, or any building permit is
issued for remodeling of an existing pool or spa, at a private, single-family home at
least one of the following drowning prevention safety features:
1. The pool shall be isolated from the access to a home by an enclosure that meets
the requirements of Section 3109.4.4.3.
2. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
3. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool.
4. All doors providing direct access from the home to the swimming pool shall be
equipped with a self-closing, self -latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor.
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5. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1-3, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or the American Society of
Testing Mechanical Engineers (ASME), inclusive, as determined by the Chief
Building Official.
Section 4: Chapter 15.05 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
Amendment to Section R101.2
15.05.040
Deletion of Sections R102 through R114
15.05.050
Amendment to Sections R115
15.05.060
Deletion of Section R301.1.1.1
15.05.070
Amendment to Section R301.1.3
15.05.080
Amendment to 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
Deletion of Section R313
15.05.125
Amendment to Section R319.1
15.05.130
Deletion of Section R322
15.05.140
Amendment to Section R326
15.05.150
Deletion of Section R337
15.05.160
Addition to Section R341
15.05.170
Amendment to Section R401.4
15.05.180
Amendment to Section R404
15.05.190
Deletion of Section R405.1
15.05.200
Add Section R409 Earth Retaining and Shoring
15.05.210
Amendment to Section R902
Section 15.05.010 Adoption of the California Residential Code
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The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Residential Code including Appendix H,
Section AJ102.4.3 of Appendix J and all national codes and standards referenced
therein, based on the 2015 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 2016 California Residential Code, printed in
code book form, shall be kept on file in the office of the City Clerk.
Section 15.05.020 Amendment to Section R101.1
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code
for One- and Two-family Dwellings of Newport Beach, and shall be cited as such
and will be referenced to herein as "this code."
Section 15.05.030 Amendment to Section R101.2
Sections R101.2 is amended to read as follows:
Section R101.2 Scope. The provisions of this Code shall apply to the
construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, removal and demolition of detached
one- and two-family dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress and their accessory
structures not more than three stories above grade plane.
Exceptions:
1. Live/work units located in townhouses and complying with the
requirements of section 419 of the California Building Code shall be permitted to
be constructed in accordance with the California Residential Code for One- and
Two -Family Dwellings. Fire suppression required by Section 419.5 of the
California Building Code where constructed under the California Residential
Code for One- and Two-family Dwellings shall conform to Section 903.3.1.3 of
the California Building Code.
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2. Owner -occupied lodging houses with five or fewer guestrooms shall be
permitted to be constructed in accordance with the California Residential Code
for One- and Two-family Dwellings when equipped with a fire sprinkler system in
accordance with Section 903.3.1.3 of the California Building Code.
Section 15.05.040 Deletion of Sections R102 through R114 from Chapter 1,
Division II
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.05.050 Amendment to Sections R115
Section R115 is amended to read as follows:
SECTION R115 —Existing Buildings
For existing One- and Two-family dwellings, the Existing Buildings 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 in its entirety.
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.
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R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for woodframe construction found in
this code, the Chief Building Official shall require the construction
documents to be approved and stamped by a California licensed architect
or engineer for that irregular or nonconforming portion of work.
Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.2 Woodframe structures greater than two -stories. The Chief
Building Official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of a
woodframe construction more than two stories in height or basement.
Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.3 Structures other than woodframe. The Chief Building
Official shall require floor, wall or roof -ceiling structural elements in
dwellings designed of cold formed steel, concrete, masonry or structural
insulated panels prescribed by this code to be approved and stamped by a
California licensed architect or engineer. Notwithstanding other sections of
law, the law establishing these provisions is found in Business and
professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1)
Table R301.2(1) is amended by completing the table to read as follows:
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
10-34
WIND DESIGN
SEISMIC
SUBJECT TO DAMAGE
FROM
WINTER
ICE
BARRIER
UNDER-
AIR
MEAN
Frost
GROUND
Speed
Topography
DESIGN
line
DESIGN
LAYMENT
FLOOD
FREEZING
ANNUAL
SNOW
d
effects
CATEGORY
Weathering
Depth
Termite
TEMP
REQUIRED
HAZARDS
INDEX
TEMP
LOAD
(mph)
k
f
a
b
e
e
h
g
i
j
Zero
110
No
Do, D,, D2 or
Negligible
12" to
Very
43
No
See
0
60
E
24"
Heavy
footnote g
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Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows:
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision date February 7, 2014; Flood
Insurance Study (FIS Profile) effective date of revision: October 20, 2014;
Community number: 060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288,
289, 377, 381, 382, 384, 401, 402, 403, and 404; Suffix "J"; Initial NFIP map
date: March 15, 1974; and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures
constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.2(1), and substantial improvement and 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. 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.
Section R301.2.4.1 Alternate provisions. As an alternate to the requirements in
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 Flood Hazard Areas, with the
Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain
Management
Section R309.3 is amended to read as follows:
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Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2(1), garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with the City of Newport Beach Municipal Code Chapter
15.50, Floodplain Management; or
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 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 Deletion of Section R313 Automatic Fire Sprinkler System.
Section R313 is deleted in its entirety and replaced by California Building Code Section
903.2.8 as amended in Section 15.04.130.
Section 15.05.125 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
contract with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall not be spelled out. Each character shall be
not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5
inch (12.7 mm). Where required by the fire code official, address identification
shall be provided in 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 15.05.130 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is deleted in its entirety and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management
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Section 15.05.140 Amendment to section R326
Section R326 is amended to read as follows;
SECTION R326 — SWIMMING POOLS, SPAS AND HOT TUBS
R326.2 Maintenance. All swimming pool and spa water shall be maintained in a
clear condition, which is free of algae, insects, debris, and in a sanitary condition.
The floor of the pool shall be clearly visible.
R326.3 Enclosure and a Drowning Prevention Safety Devise. An Enclosure
and a Drowning Prevention Safety Device shall be in accordance with the
provisions contained in the California Building Code, Section 3109.4.4 as
adopted in the Newport Beach Municipal Code and amended. Enclosures shall
not be enforced on a retroactive basis. Existing, permitted enclosures and
drowning prevention safety devices required at the time of pool construction shall
be maintained; unless the existing enclosure or drowning prevention safety
device is proposed to be altered, replaced or new with new or reconstructed
materials. Existing one- and two-family dwellings or townhouses with additions or
alterations to exterior walls used as part of a pool enclosure shall be required to
comply with Section 3109.
R326.4 Pool, Spa and Hot Tub Outlet. Pool, spa or hot tub outlets shall be
listed to standards for antibody and hair entrapment in accordance with APSP 7
or ASME A112.19.8. Entrapment avoidance shall be in accordance with the
provisions contained in the California Building Code, Section 3109.4.4.8 and
3109.5.
R326.5 Waste water. Waste Water from any filter, scum filter, scum gutter,
overflow, pool emptying line, or similar apparatus shall discharge into an
approved type receptor and subsequently into a public sewer. The flood level rim
of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE)
indicated in the Flood Insurance Rate Map as printed by the Federal Emergency
Management Agency's Flood Insurance Rate Map (FIRM).
Section 15.05.150 Deletion of Section R337 Materials and Construction Method of
Exterior Wildfire Exposure.
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Ordinance No. 2016 -
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Section R337 is deleted in its entirety and replaced by California Building Code Chapter
7A as amended in Sections 15.04.050 through 15.04.100.
Section 15.05.160 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 1207 of the 2016 California Building Code,
Title 24, Part 2.
Section 15.05.170 Deletion of Section R401.4 Soil Test
Section R401.4 is deleted in its entirety and replaced by California Building Code
Section 1803 Geotechnical Investigations
Section 15.05.180 Deletion of Section R404 Foundation and Retaining Walls
Section R404 is deleted in its entirety.
Section 15.05.190 Amendment to Section R405.1
Section R405.1 is amended by adding a second Exception #2 to read as follows:
Exception:
1. A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls extending
below high tide bay water elevation.
Section 15.05.200 Add Section R409 Earth Retaining and Shoring
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Ordinance No. 2016 -
Page 24 of 32
Section R409 is added by referencing Section 1812A Earth Retaining and Shoring of
the California Building Code.
Section 15.05.210 Deletion of Section R902 Roof classification.
Section R902 is amended in its entirety and replaced by California Building Code
Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.140
through 15.04.160.
Section 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electrical Code.
15.06.020 Amendment to Article 342.10
15.06.030 Amendment to Article 344.10
15.06.040 Amendment to Article 358.10
Section 15.06.010 Adoption of the California Electrical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Electrical Code based on the 2014 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 2016 California Electrical Code, printed in code book
form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Amendment to Article 342.10
Article 342.10 is amended to read as follows:
342.10 Uses Permitted.
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Ordinance No. 2016 -
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(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
Section 15.06.030 Amendment to Article 344.10
Article 344.10 is amended to read as follows:
344.10 Uses Permitted
(A) Atmospheric Conditions and Occupancies.
(1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless
steel RMC shall be permitted under all atmospheric conditions and occupancies.
Except in direct contact with earth.
(2) Red Brass RMC. Red brass RMC shall be permitted to be for swimming
pool applications.
(3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where
judged suitable for the environment. Rigid aluminum conduit encased in concrete
shall be provided with approved supplementary corrosion protection.
(B) Corrosive Environments.
(1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows,
Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC
elbows, couplings, and fittings shall be permitted to be installed in concrete, or in
areas subject to severe corrosive influences where protected by corrosion
protection and judged suitable for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete.
Section 15.06.040 Amendment to Article 358.10
Article 358.10 is amended to read as follows:
358.10 Uses Permitted.
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Ordinance No. 2016 -
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(A) Exposed and Concealed. The use of EMT shall be permitted for
concealed work only.
(B) Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings,
and fittings shall be permitted to be installed in concrete, where protected by
corrosion protection and approved as suitable for the condition.
Section 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code
15.07.020 Addition of Section 103.5
15.07.030 Amendment of Section 107.1
Section 15.07.010 Adoption of California Mechanical Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Mechanical Code, based on the 2015 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 2016 California Mechanical Code printed in code book
form shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.2
Section 103.5 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
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Ordinance No. 2016 -
Page 27 of 32
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
by municipal code section 15.80
Section 7: Chapter 15.08 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 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 2016 Edition of the California Plumbing Code, including Appendix Chapters
A and C, based on the 2015 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 the2016 California Plumbing Code, printed in code book
form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 103.5
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Ordinance No. 2016 -
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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:
General. Appeals of the Chief Building Official decision shall be by Municipal
Code Chapter 15.80.
Section 8: Chapter 15.09 of the Newport Beach Municipal Code is deleted in its
entirety and reserved.
Section 9: Chapter 15.11 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 2016 California Green Standards Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Green Building Standards 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 Standards
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Ordinance No. 2016 -
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Code. A copy of the 2015 California Green Standards Code shall be kept on file in the
office of the City Clerk.
Section 10: Chapter 15.13 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
Sections:
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Historical Building Code, California Code of
regulations 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 2016 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
Section 11: Chapter 15.14 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
Section:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code
Section 15.14.010 Adoption of the California Existing Building Code
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Ordinance No. 2016 -
Page 30 of 32
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 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 2016 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 12: Chapter 15.17 is added to the Newport Beach Municipal Code to
read as follows:
Section:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code
Section 15.17.010 Adoption of the California Energy Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Energy Code and all national codes and
standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2016 California Energy Code, printed in
code book form, shall be kept on file in the office of the City Clerk.
Section 13: 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.
Section 14: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 15: 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,
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Ordinance No. 2016 -
Page 31 of 32
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 16: 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, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
Section 17: 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.
[CONTINUED ON NEXT PAGE]
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Ordinance No. 2016 -
Page 32 of 32
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 7th day of November, 2016, and was adopted on the 22 Id
day of November, 2016, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
DIANE B. DIXON, MAYOR
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY (AM '°tj"'
10-47
Attachment C
Redline Version of Building and Other Related Code
Amendments
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2016 -
TABLE OF CONTENTS
TITLE 15
Paqe
SECTION 1
Amendments to Chapter 15.02 Administrative Code
3
SECTION 2
Amendment to Chapter 15.03 International Property
7
Maintenance Code
SECTION 3
Amendments to Chapter 15.04 Building Code
8
SECTION 4
Amendments to Chapter 15.05 Residential Code
16
SECTION 5
Amendment to Chapter 15.06 Electrical Code
24
SECTION 6
Amendment to Chapter 15.07 Mechanical Code
26
SECTION 7
Amendment to Chapter 15.08 Plumbing Code
27
SECTION 9
Amendments to Chapter 15.11 Green Building Standards Code
28
SECTION 10
Adoption of Chapter 15.13 Historical Building Code
29
SECTION 11
Adoption of Chapter 15.14 California Existing Building Code
29
SECTION 12
Adoption of Chapter 15.17 California Energy Code
30
10-49
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 15 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT AMENDMENTS TO
CHAPTER 1 DIVISION II OF THE 2016 CALIFORNIA
BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2016
CALIFORNIA HISTORICAL CODE; THE 2016
CALIFORNIA EXISTING BUILDING CODE; THE 2016
CALIFORNIA GREEN BUILDING STANDARDS CODE;
AND THE 2016 CALIFORNIA ENERGY CODE; TO ADOPT
WITH LOCAL AMENDMENTS THE INTERNATIONAL
PROPERTY MAINTENANCE CODE; THE 2016 EDITION
OF THE 2016 CALIFORNIA BUILDING CODE; THE 2016
EDITION OF THE CALIFORNIA RESIDENTIAL CODE;
THE 2016 CALIFORNIA ELECTRICAL CODE; THE 2016
CALIFORNIA MECHANICAL CODE; AND THE 2016
CALIFORNIA PLUMBING CODE.
RECITALS
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 2016 Edition of the California Building Standards Code ("CBC");
WHEREAS, the 2016 CBC is based on the 2015 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, 2017. In order to include our local amendments and enhance life safety and
property protection, the City of Newport Beach ("City") must complete its adoption
process thirty (30) days prior to January 1, 2017. 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.
10-50
These local changes will be incorporated into Title 15 of the Newport Beach Municipal
Code;
WHEREAS, to aid in efficiency and clarity, portions of Title 15 are amended in
their entirety as indicated in this ordinance and replaced with each of these
modifications to the CBC that are correlated with the findings in Resolution No. 2016 -
adopted by the City Council of the City of Newport Beach on November 8, 2016. 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; and,
WHEREAS, the 2016 CBC is similar to the 2013 version; the attached ordinance
contains similar provisions as adopted by the City Council in 2013. 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 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
Amendment to Section 102.7.
15.02.070
Added to Section 103.1
15.02.080
Amendment to Section 105.2
15.02.090
Amendment to Section 105.3.2
10-51
15.02.100 Amendment to Section 105.5
15.02.110 Amendment to Section 109.4
Section 15.02.010 Adoption of the Administrative Code.
15.02.010 Adoption of Section 15.02.010
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2016 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 2016 California Building Code printed in code book
form shall be kept on file in the office of the City Clerk.
Section 15.02.020 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3
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.
The provisions of the Inter -national Private Sewage Disposal Code shall app"
private sewage disposal systems
Section 15.02.040 Amendment to Section 101.4.4
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the 1pternational
Property MaintenanGe Code Newport Bach Property Maintenance Code 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:
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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 is deemed necessary by the Chief Building Official.
Section 15.02.060 Added to Section 102.7
Section 102.7 is added to read as follows:
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 $209,000;
2. The Chief Building Official is authorized to accept less than the
requirements for new construction if substantial conformance to the
requirements is found and the protection of life and property are
maintninarl
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 DepartmeR „f
Building Safety Division is hereby created and the official in charge thereof shall
be known as the Chief building Building effiGialOfficial.
Section 15.02.080 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete €eGe-s-fences not over 3.5 7 feet (1,066.8
mm) in height above lowest adjacent grade, and all other fences not over 6 feet
(1,828.8 mm) in height above lowest adjacent grade(2134 mm) NO.
Section 15.02.090 Amendment to Section 105.3.2
Section 105.3.2 is amended to read as follows:
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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 r-g—Building ^ff'�Official is
authorized to grant one or more extensions of time for additional periods not
exceeding - days each. The extension shall be requested in writing and
justifiable cause demonstrated.
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
inspectiontime the work;S GOMmenced. Before such work can be recommenced,
a new permit shall be first obtained to do so, and the permittee shall pay a new
permit fee except for permits for suspended or abandoned work where
inspections were previously recorded the fee shall be one half the amount
required for a new permit for such work, provided no changes have been made
or will be made in the original approved plans and specifications for such work;
and provided further that such suspension or abandonment has not exceeded
one year. Permits shall not be renewed more than once. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4
Section 109.4 is amended to read as follows:
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 established by the b uildiRg nffinial that shall be in addition to the
required permit fees. The investigation fee shall be collected whether or not a
permit is then or subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required in the City Council fee resolution. The payment
of such investigation fee shall not exempt an applicant from compliance with all
other provisions of either this code or the technical codes nor from the penalty
arescribed by law.
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
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Sections:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.03.010
Adoption of the International Property Maintenance
Code
15.03.020
Deletion of Chapter 1, except Sections 101, 102 and
108.1 through 108.1.5
15.03.030
Amendment to Section 101.1
15.03.040
Amendment to Section 102.3
15.03.050
Amendment to Section 303.2
Section 15.03.010 Adoption of the International Property Maintenance Code
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 2012 2015 International Property Maintenance Code, as published by the
International Code Council.
The various parts of this Code, along with the amendments and deletions adopted in
this section, shall constitute and be known as the Newport Beach Property Maintenance
Code. A copy of the 2012 2015 International Property Maintenance Code shall be kept
on file in the office of the City Clerk.
Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1
through 108.1.5
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 105, and 108.1 through 108.1.5.
Section 15.03.030 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the applicable adopted codes International Building
10-55
Plumbing Gede and NFPA 70. Nothing in this code shall be construed to cancel,
modify or set aside any provisions of the NewportBeach Zoning Internatie
Zoning Code.
Section 15.03.050 Amendment to Section 303.2
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas
mm) from the gatepost shall comply with section 3109.4.2 as amended in Section
15.04.180 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 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code
15.04.020
Amendment to Section 105.2
15.04.030
Amendment to Section 701A.1
15.04.040
Amendment to Section 701A.3
15.04.050
Amendment to Section 701A.3.1
15.04.060
Amendment to Section 702A
15.04.070
Amendment to Section 708A
15.04.080
Amendment to Section 708A.2.1
15.04.090
Amendment to Section 710A
15.04.100
Amendment to Section 902
15.04.110
Amendment to Section 903.2
15.04.120
Amendment to Section 903.2.8
15.04.130
Amendment to Table 1505.1
15.04.140
Amendment to Section 1505.1.3
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15.04.150
Amendment to Section 1704.2.1
15.04.160
Add Section 1812 Earth Retaining Shoring
15.04.170
Amendment to Section 1905.1.7
15.04.180
Amendment to Section 3109.4.4.2
Section 15.04.010 Adoption of the 2013 California Building Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013-2015 Edition of the California Building Code, Volumes 1 and 2,
including section 1812A, Appendix C, I, and California Code of regulations Title 24 part
8 and part 10 and all national codes and standards referenced therein, based on the
2010 2015 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 California Building Code Volumes 1 and
2, printed in code book form, shall be kept on file in the office of the City Clerk.
Section 15.04.020 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete Fre e fences not over 3.5 7 feet (1,066.8
mm) in height above lowest adjacent grade, and all other fences not over 6 feet
(1,828.8 mm) in height above lowest adjacent grade(2134 mm) hinh
Section 15.04.030 Amendment to Section 701A.1
Section 701 A.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 new buildings
includinq one -and two-family dwellings located within a Fire Hazard Severity
Zone or Wildland-Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701A.3
Section 701A.3 is amended by deleting Exception #4 in its entirety
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Section 15.04.050 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 15.04.060 Amendment to Section 702A
Section 702A is amended with one addition to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or oxen roof and no more than one enclosed side.
Section 15.04.070 Amendment to Section 708A
Section 708A is amended to read as follows:
SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS
Section 708A.1 General.
Section 708A.2 Exterior glazing. The following exterior glazing materials and/or
assemblies shall comply with this section:
1. Exterior windows
2. Exterior glazed doors
3. Glazed openings within exterior doors
4. Glazed openings within exterior garage doors
5. Exterior structural glass veneer; arc?'
6. Skylights
Section 15.04.080 Amendment to Section 708A.2.1
Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight
assembly requirements. Exterior windows, exterior glazed door assemblies and skylight
assemblies shall comply with one of the following requirements:
Section 15.04.090 Amendment to Section 710A
Section 710A is amended to read as follows:
SECTION 710A ACCESSORY STRUCTURES
Section 710A.3 Where required. Accessory structures shall comply with
the requirements of this section.
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710A.3.2 When required ythe enf^,-^:nn gen^,,, Detached accessory
structures within 50 feet of an applicable building shall comply with the
requirements of this section.
Section 710A.4 Requirements. When required py the enfnrn' --
' I
Accessory structures shall be constructed of noncombustible, ignition -resistant
materials, or heavy timber.
Section 15.04.100 Amendment to Section 902 is amended by adding:
BUILDING AREA as used in this chapter shall mean gross building area
enclosed within exterior walls.
Section 15.04.110 Amendment to Section 903.2
Section 903.2 is amended to read as follows:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations:
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.
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when 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 mz),
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 sarinkler system.
d) More restrictive requirements are required by other provisions of the
rnria
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
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Section 15.04.120 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:
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 Der Section 102.7
The Chief Building Official may approve alternative methods and materials
when an eauivalent or areater level of Fire Drotection is achieved.
Section 15.04.130 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'
IA
IB
IIA
IIB
IIIA
1116
IV VA VB
B
B
B
SB
B>s°-;
B B SB
'See chapter 7A for roof covering requirements.
Section 15.04.140 Amendment to Section 1505.1.3
Section 1505.1.3 is amended to read as follows:
Section 1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, and the entire roof covering of every
existing structure when roof covering applied in the add ition,_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
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Section 15.04.150 Amendment to Section 1704.2.1
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of
Newport Beach or his/her designated representative. The special inspector shall
furnish continuous inspection on the construction and work requiring his/her
employment as prescribed in the applicable code. The special inspector shall
report to the Chief Building Official in writing, noting all code violations and other
information as required on forms prescribed or approved by the City of Newport
Beach.
Each person applying for listing/registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he/she may find appropriate.
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 Buildina Official.
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they qualify as special inspectors.
Section 15.04.160 Add Section 1812 Earth Retaining Shoring
Section 1812 is added to read as follows:
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1812: Earth Retaining Shoring. Shoring shall meet the requirements of Section
1812A Earth Retaining Shoring.
Section 15.04.170 Amendment to Section 1905.1.7
Section 1905.1.7 is amended by deleting Exceptions 1 through 3 in its entirety:
Section 15.04.180 Amendment to Section 3109.4.4.2
Section 3109.4.4.2. is amended to read as follows:
Section 3109.4.4.2 Construction permit; safety features required.
Commencing January 1, 2007, except as provided in Section 3109.4.4.5, for the
protection of the public, residents and their guests, whenever a building permit is
issued for construction of a new swimming pool or spa, or any building permit is
issued for remodeling of an existing pool or spa, at a private, single-family home at
least one of the following s+x-drowning prevention safety features:
1. The pool shall be isolated from the access to a home by an enclosure that meets
the requirements of Section 3109.4.4.3.
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool.
5. All doors providing direct access from the home to the swimming pool shall be
equipped with a self-closing, self -latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor.
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7.
.•&T"M
is
M r.9 � M M -
Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1-3, and have
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been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or the American Society of
Testing Mechanical Engineers (ASME), inclusive, as determined by the Chief
Building Official.
SECTION 4. Chapter 15.05 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
Amendment to Section R101.2
15.05.040
Deletion of Sections R102 through R114
15.05.050
Amendment to Sections R115
15.05.060
Deletion of Section R301.1.1.1
15.05.070
Amendment to Section R301.1.3
15.05.080
Amendment to 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
Deletion of Section R313
15.05.125
Amendment to Section R319.1
15.05.130
Deletion of Section R322
15.05.140
Amendment to Section R326
15.05.150
Deletion of Section R337
15.05.160
Addition to Section R341
15.05.170
Amendment to Section R401.4
15.05.180
Amendment to Section R404
15.05.190
Deletion of Section R405.1
15.05.200
Add Section R409 Earth Retaining and Shoring
15.05.210
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 2013 2016 Edition of the California Residential Code including Appendix H,
Section AJ102.4.3 of Appendix J and all national codes and standards referenced
therein, based on the 2-012-2015 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
10-63
Beach Residential Code. A copy of the 2-01-3 2016 California Residential Code, printed
in code book form, shall be kept on file in the office of the City Clerk.
Section 15.05.020 Amendment to Section R101.1
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code
for One- and Two-family Dwellings of Newport Beach [NAME OF
and shall be cited as such and will be referenced to herein as
"this code."
Section 15.05.030 Amendment to Section R101.2
Sections R101.2 is amended to read as follows:
Section R101.2 Scope. The provisions of this Code the Ga fi .gpia Rest deptia
Code r One and Two froily Dweghggs shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment, use and
occupancy, location, removal and demolition of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in
height with a separate means of egress and their accessory structures not more
than three stories above grade plane.
Exceptions:
1 Live/work units located in townhouses and complying with the requirements of
section 419 of the California Building Code shall be permitted to be constructed
in accordance with the California Residential Code for One- and Two -Family
Dwellings. Fire suppression required by Section 419.5 of the California Building
Code where constructed under the California Residential Code for One- and
Two-family Dwellings shall conform to Section 903.3.1.3 of the California Building
CodeR313.
2. Owner -occupied lodging houses with five or fewer guestrooms shall be permitted
to be constructed in accordance with the California Residential Code for One -
and Two-family Dwellings when equipped with a fire sprinkler system in
accordance with Section 903.3.1.3 of the California Buildina CodeR313.
Section 15.05.040 Deletion of Sections R102 through R114 from Chapter 1,
Division II
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
10-64
Section 15.05.050 Amendment to Sections R115
Section R115 is amended to read as follows:
SECTION R115 — Existing Buildings
For existing One- and Two-family dwellings, Chapter the Existing Buildings
of the 2013 California 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 in its entirety.
Section R301.1.1.1 is deleted in its enti
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
therof, included in the scope of this code.
R301.1.3.1 California licensed architect or engineer. When any
provision of any structure deviates from substantial compliance with
conventional framing requirements for woodframe construction found in
this code, the Chief Building ming Official effiEial shall require the
construction documents to be approved and stamped by a California
licensed architect or engineer for that irregular or nonconforming portion
of work. Notwithstanding other sections of law, the law establishing these
provisions is found in Business and professions Code Section 5537 and
6737.1.
R301.1.3.2 Woodframe structures greater than two -stories. The Chief
building- Official shall require construction documents to be
approved and stamped by a California licensed architect or engineer for all
dwellings of a woodframe construction more than two stories and
basern height and—or basement. Notwithstanding other sections of
law, the law establishing these provisions is found in Business and
professions Code Section 5537 and 6737.1.
10-65
R301.1.3.3 Structures other than woodframe. The Chief buildong
Building eff'oic�Official shall require floor, wall or roof -ceiling structural
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
elements in dwellings designed of cold formed steel, concrete, masonry or
structural insulated panels prescribed by this code to be approved and
stamped by a California licensed architect or engineer. Notwithstanding
other sections of law, the law establishing these provisions is found in
Business and professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1)
Table R301.2(1) is amended by completing the table to read as follows:
Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows:
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision date Deeernber 3, 900-9 February 7,
2014: Flood Insurance Studv (FIS Profile) effective date of revision: October 20.
2014; Community number: 060227iMap: 06059; Panels: 264, 267, 268, 269,
286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404, 406 &r408; Suffix "J";
Initial NFIP map date: March 15, 1974; and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures
constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.2(1), and substantial improvement and restoration of
10-66
WIND DESIGN
SEISMIC
SUBJECT TO DAMAGE
FROM
WINTER
ICE
BARRIER
UNDER-
AIR
MEAN
Frost
GROUND
Speed
Topography
DESIGN
line
DESIGN
LAYMENT
FLOOD
FREEZING
ANNUAL
SNOW
d
effects
CATEGORY
Weathering
Depth
Termite
TEMP
REQUIRED
HAZARDS
INDEX
TEMP
LOAD
(mph)
k
f
a
e
e
h
g
i
j
Zero
110
No
Do, D,, D2 or
Negligible
12" to
Very
43
No
See
0
60
E
24"
Heavy
footnote g
elements in dwellings designed of cold formed steel, concrete, masonry or
structural insulated panels prescribed by this code to be approved and
stamped by a California licensed architect or engineer. Notwithstanding
other sections of law, the law establishing these provisions is found in
Business and professions Code Section 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2(1)
Table R301.2(1) is amended by completing the table to read as follows:
Section 15.05.090 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows:
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision date Deeernber 3, 900-9 February 7,
2014: Flood Insurance Studv (FIS Profile) effective date of revision: October 20.
2014; Community number: 060227iMap: 06059; Panels: 264, 267, 268, 269,
286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404, 406 &r408; Suffix "J";
Initial NFIP map date: March 15, 1974; and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures
constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.2(1), and substantial improvement and restoration of
10-66
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 SeGti,n R32-2. 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.
Section R301.2.4.1 Alternate provisions. As an alternate to the requirements in
Sectien R 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 Flood Hazard Areas, with the
Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain
Management
Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas
as established by Table R301.2(1), garage floors shall be:
1. Elevated to or above the design flood elevation as determined in
accordance with the City of Newport Beach Municipal Code Chapter
15.50, Floodplain ManagementseGtoon R` ; or
2. Located below the design flood elevation provided that the floors are at
or above grade on not less than one side, are used soley for parking,
building access or storage, meet the requirements of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain
Management sectien 8322 and are otherwise constructed in
accordance with this code.
Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System.
Section R313 is deleted in its entirety and replaced by California Building Code Section
903.2.8 as amended in Section 15.04.440120.
Section 15.05.125 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 propertyl
and alley if adjacent to the property. Address identification characters shall
contract with their background. Address numbers shall be Arabic numbers or
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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 15.05.130 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is deleted in its entirety and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management
Section 15.05.140 Amendment to section R326
Section R326 is amended to read as follows;
SECTION R326 — SWIMMING POOLS, SPAS AND HOT TUBS
R326.2 Maintenance. All swimming pool and spa water shall be maintained in a
clear condition, which is free of algae, insects, debris, and in a sanitary condition.
The floor of the cool shall be clearlv visible.
R326.3 Enclosure and a Drowning Prevention Safety Devise. An Enclosure
and a Drowning Prevention Safety Device shall be in accordance with the
provisions contained in the California Building Code, Section 3109.4.4 as
adopted in the Newport Beach Municipal Code and amended. Enclosures shall
not be enforced on a retroactive basis. Existing, permitted enclosures and
drowning prevention safety devices required at the time of pool construction shall
be maintained; unless the existing enclosure or drowning prevention safety
device is proposed to be altered, replaced or new with new or reconstructed
materials. Existing one- and two-family dwellings or townhouses with additions or
alterations to exterior walls used as part of a pool enclosure shall be required to
comply with Section 3109.
R326.4 Pool, Spa and Hot Tub Outlet. Pool, spa or hot tub outlets shall be
listed to standards for antibody and hair entrapment in accordance with APSP 7
or ASME A112.19.8. Entrapment avoidance shall be in accordance with the
provisions contained in the California Building Code, Section 3109.4.4.8 and
�1na
R326.5 Waste water. Waste Water from any filter, scum filter, scum putter,
overflow, pool emptying line, or similar apparatus shall discharge into an
approved type receptor and subsequently into a public sewer. The flood level rim
of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE)
indicated in the Flood Insurance Rate Map as printed by the Federal Eme
Management Agency's Flood Insurance Rate Map (FIRM).
Section 15.05.150 Deletion of Section R337 Materials and Construction Method of
Exterior Wildfire Exposure.
Section R337 is deleted in its entirety and replaced by California Building Code Chapter
7A as amended in Sections 15.04.050 through 15.04.100.
Section 15.05.160 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 1207 of the 2016 California Building Code,
Title 24, Part 2.
Section 15.05.170 Deletion of Section R401.4 Soil Test
Section R401.4 is deleted in its entirety and replaced by California Building Code
Section 1803 Geotechnical Investigations
Section 15.05.180 Deletion of Section R404 Foundation and Retaining Walls
Section R404 is deleted in its entirety.
Section 15.05.190 Amendment to Section R405.1
Section R405.1 is amended by adding a second Exception #2 to read as follows:
Exception:
1. A drainage system is not required when the foundation is installed on well -
drained ground or sand -gravel mixture soils according to the Unified Soil
Classification System, Group I Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls extendin
below hiah tide bav water elevation.
Section 15.05.200 Add Section R409 Earth Retaining and Shoring
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Section R409 is added by referencing Section 1812A Earth Retaining and Shoring of
the California Building Code.
Section 15.05.210 Deletion of Section R902 Roof classification.
Section R902 is amended in its entirety and replaced by California Building Code
Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.140
through 15.04.160.
SECTION 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electric Code.
15.06.020 Amendment to Article 342.10
15.06.030 Amendment to Article 344.10
15.06.040 Amendment to Article 358.10
Section 15.06.010 Adoption of the California Electric Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the==c t;_I6°_Edition of the California Electrical Code based on the 2011 2014
National Electrical Code, as published by the National Fire Protection Association.
The various parts of this code shall constitute and be known as the Newport Beach
Electrical Code. A copy of the 2013-2016 California Electrical Code, printed in code
book form, shall be kept on file in the office of the City Clerk. All administrative
provisions including enforcement, permit process, fees, and inspections for these
chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Amendment to Article 342.10
Article 342.10 is amended to read as follows:
342.10 Uses Permitted.
(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
Section 15.06.030 Amendment to Article 344.10
10-70
Article 344. 10 is amended to read as follows:
344.10 Uses Permitted
(A) Atmospheric Conditions and Occupancies.
(1) (f --Galvanized Steel and Stainless RMC. Galvanized steel and
stainless steel RMC shall be permitted under all atmospheric conditions and
occupancies. Except in direct contact with earth.
(2) Red Brass RMC. Red brass RMC shall be permitted to be installed
doreGt burial and for swimming pool applications.
(3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where
judged suitable for the environment. Rigid aluminum conduit encased in concrete
er in diront nentant with the earth shall be provided with approved supplementary
corrosion protection.
(B) Corrosive Environments.
(1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows,
Couplings, and Fittings. Galvanized steel, stainless steel, and red brass RMC
elbows, couplings, and fittings shall be permitted to be installed in concrete, in
doreGt n^ntart with earth or in areas subject to severe corrosive influences where
protected by corrosion protection and judged suitable for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete er in doreGt nentant with the earth.
Section 15.06.040 Amendment to Article 358.10
Article 358.10 is amended to read as follows:
358.10 Uses Permitted.
(A) Exposed and Concealed. The use of EMT shall be permitted for
exposedandconcealed work r" `',
(B) Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings,
and fittings shall be permitted to be installed in concrete, in rare^t ,-„ntaGt with the
earth, „er On areas subjcGt�severe Eerresive info ,eGes where protected by
corrosion protection and approved as suitable for the condition.
SECTION 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Chapter 15.07
10-71
Sections:
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code
15.07.020 Addition of Section 103.5
15.07.030 Amendment of Section 107.1
Section 15.07.010 Adoption of California Mechanical Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 2016 Edition of the California Mechanical Code, based on the 201
2015 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 F r- California Mechanical Code printed in code
book form shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.2
Section 103.5 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:
General. Appeals of the Chief Building Official decision shall be by municipal
code section 15.80
SECTION 7. Chapter 15.08 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
10-72
Sections:
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 103.5
15.08.030 Amendment of Section 107.1
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 20-1-3-2016 Edition of the California Plumbing Code, including Appendix
Chapters A and C, based on the 2-0'2-2015 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 20`4-320`6 California Plumbing Code, printed in code
book form, shall be kept on file in the office of the City Clerk. All administrative
provisions including enforcement, permit process, fees, and inspections for these
chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 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:
General. Appeals of the Chief Building Official decision shall be by municipal
code section 15.80
SECTION 8. Chapter 15.09 of the Newport Beach Municipal Code is deleted in
its entirety and reserved.
10-73
SECTION 9. Chapter 15.11 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows
Chapter 15.11
GREEN BUILDING STANDARDS CODE
Sections:
15.11.010 Adoption of the California Green Standards
Section 15.11.010 Adoption of the 2016 California Green Standards Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2016 Edition of the California Green Building Standards 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 Standards
Code. A copy of the 2015 California Green Standards Code shall be kept on file in the
office of the City Clerk.
SECTION 10. Chapter 15.13 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
Sections:
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013-2016 Edition of the California Historical Building Code, California
Code of regulations 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 2013 2016 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
SECTION 11. Chapter 15.14 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
10-74
Section:
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
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 2016 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 2013-2016 California Existing
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
SECTION 12. Chapter 15.17 is added to the Newport Beach Municipal Code to
read as follows:
Section:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code
Section 15.17.010 Adoption of the California Energy Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 2016 Edition of the California Energy Code and all national codes and
standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2-013 2016 California Energy Code, printed
in code book form, shall be kept on file in the office of the City Clerk.
SECTION 13. 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.
10-75
SECTION 14. The recitals provided in this ordinance are true and correct and
are incorporated into the substantive portion of this ordinance.
SECTION 15. 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 16. The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(C)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
SECTION 17. The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
pursuant to City Charter Section 414.
[CONTINUED ON NEXT PAGE]
10-76
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 7t" day of November, 2016, and was adopted on the 22nd
day of November, 2016, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Diane Dixon
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
10-77
Attachment D
Resolution — Adopting Findings to the Amendment to the Fire
Code
10-78
RESOLUTION NO. 2016-
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 2016
EDITION OF THE CALIFORNIA FIRE 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 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 2016 Edition of the California
Fire Code based on the 2015 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 2016 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 Section 17958.5, 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 2016 Edition of the California Fire Code and has advised
that these changes and modifications to the 2016 Edition of the California Fire Code
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
2016 Edition of the California Fire Code shall be filed with the California Building
Standards Commission and the California Department of Housing and Community
10-79
Resolution No. 2016 -
Page 2 of 6
Development by the City Clerk of the City of Newport Beach as required by State law
(Health and Safety Code Section 17958.7).
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 2016 Edition of the California Fire Code as recommended by
the Fire Code Official are hereby found to be necessary due to local climatic,
geographic, or topographic conditions:
CALIFORNIA FIRE CODE
SECTIONS
JUSTIFICATIONIEXPRESS FINDINGS
202 (Definitions)
a, b, c, d, e, f, g, h, i
305 (Ignition Sources)
a, b, c, i
307.4.2.1 (Recreational Beach Fires)
a, b, c, i
308.1.1.1 (Fireplace)
a, e, i
308.1.6.3 (Sky Lantern)
a, b, c, i
320 (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
503.4.2 (Policy)
a, b, c, d, e, f, g, h
503.6.1 (Vehicle Access 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 (Radio Coverage)
a, b, c, d, e, f, g, h
510.2 (Emergency Responder Radio
Coverage in Existing Buildings)
a, b, c, d, e, f, g, h
510.4.2.2 (Technical Criteria)
a, b, c, d, e, f, g, h, i
510.5.1 (Approval Prior to Installation)
a, b, c, d, e, f, g, h
Resolution No. 2016 -
Page 3 of 6
510.5.2 (Minimum Qualification of
Personnel)
a, b, c, d, e, f,g,h
510.5.3 (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
604.8 (Emergency Power Outlets)
d, e, f
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
903.3.1.4 (Alarms)
a, b, c, d, e, f, g, h, i
907.1.6 (System Design)
a, b, c, d, e, f, g, h, i
912.1.1 (Installation)
a, b, c, d, e, f, g, h, i
912.2 (Location)
a, b, c, d, e, f, g, h, i
912.2.1 (Visible Location)
a, b, c, d, e, f, g, h, i
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, Piers, Marinas)
e, f, g, h
3604.2 (Standpipes)
e, f, g, h
4901 (Reduction of Brush)
a, b, c, e, i
4902 (Definitions)
a, b, c, e, i
4903 (Maintenance of Fuel)
a, b, c, e, i
4904 (Construction Requirements)
a, b, c, e, i
4905 (Building Construction Features)
a, b, c, e, i
4906 (Hazard Reduction Zone/Map)
a, b, c, e, i
4907 (Use of Equipment in Local
Agency)
a, b, c, e, i
4908 (Restricted Entry to VHFHSZ)
a, b, c, e, i
10-81
Resolution No. 2016 -
Page 4 of 6
4909 (Open Flame Devices)
a, b, c, e, i
4910 (Open Fires in Local Agency)
a, b, c, e, i
4911 (Recreational Fires in Local
Agency)
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 (Storage of Explosives and
Blasting Agents)
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 Storage
Flam.)
a, b, c, i
5706.4 (Bulk Plants or Terminals)
a, b, c, i
B105.2 (Fire -Flow Requirements)
a, b, c, d, e, f, g, h, i
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
10-82
Resolution No. 2016 -
Page 5 of 6
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.
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)
10-83
Resolution No. 2016 -
Page 6 of 6
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.
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, 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 71" day of November, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNE'Y'S OFFICE
A9;2�r
Aaron C. Harp+ ILcll �►
City Attorney
10-84
Attachment E
Draft Ordinance - Adopting the Fire Code
10-85
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 9 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT THE 2016 EDITION OF
THE CALIFORNIA FIRE CODE WITH LOCAL
AMENDMENTS, TITLE 24, PART 9 OF THE CALIFORNIA
CODE OF REGULATIONS DESIGNATED AS THE
NEWPORT BEACH FIRE CODE.
RECITALS
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 2016 Edition of the California Fire Code ("CFC");
WHEREAS, the 2016 CFC is based on the 2015 International Fire Code. The
CFC published by the BSC in Title 24, Part 9 of the California Code of Regulations is
mandated to be enforced on January 1, 2017. In order to include our local amendments
and enhance life safety and property protection, the City of Newport Beach must
complete its adoption process thirty (30) days prior to implementation. The adoption of
the 2016 CFC into the City Municipal Code provides for an orderly administration of the
2016 CFC by City Building and Fire Code officials;
WHEREAS, local jurisdictions may amend the California Building Standards
Code, which includes the 2016 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;
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.
2016-_ adopted by the City Council of the City of Newport Beach on November 7,
2016. 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;
Ordinance No. 2016 -
Page 2 of 30
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 2016 Edition of the California Fire Code is similar to the 2013
version; the attached ordinance contains similar provisions as adopted by the City
Council in 2013. 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 2016 California Fire Code
9.04.020
Amendment of Section 107.6 Overcrowding
9.04.030
Amendment of Section 109.4 Violation Penalties
9.04.040
Amendment of Section 111.4 Failure to comply
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendments 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
9.04.100
Amendments to Chapter 3 General
Requirements by adding Section 320
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 503.2.7 Policy
9.04.160
Amendments to Section 503.6.1 Vehicle
access gates
9.04.170
Amendments to Section 505.1.1 Premises
Identification
9.04.180
Amendments to Section 506 Key box contents
10-87
Ordinance No. 2016 -
Page 3 of 30
9.04.190
Amendments to Section 510.1 Emergency responder radio
Information
coverage in new buildings
9.04.200
Deletion of Section 510.2 Emergency
power outlets
responder radio coverage in existing buildings
design
9.04.290
9.04.210
Amendments to Section 510.4.2.2 Technical
criteria
9.04.310
9.04.220
Amendments to Section 510.5.1 Approval prior
Amendments to Section 907.1 General
to installation
9.04.230
Amendments to Section 510.5.2 Minimum
Connections
qualifications of personnel
9.04.240
Amendments to Section 510.5.3 Acceptance
coverage in existing buildings
test procedure
9.04.250
Amendments to Section 510.6.1 Testing and
Deletion of Section 1103.4.1 through 1103.4.10 Group 1-2
proof of compliance
9.04.260
Amendments to Section 511 Building
Information
9.04.270
Amendments to Section 604.8 Emergency
power outlets
9.04.280
Amendments to Section 903.2 Where required
9.04.290
Amendments to Section 903.2.8 Group R
9.04.300
Amendments to Section 903.2.8 Installation requirements
9.04.310
Amendments to Section 903.3.1 Standards
9.04.320
Amendments to Section 907.1 General
9.04.330
Amendments and Additions to Section 912 Fire Department
Connections
9.04.340
Deletion of Section 1103.2 Emergency responder radio
coverage in existing buildings
9.04.350
Deletion of Section 1103.4 Vertical openings
9.04.360
Deletion of Section 1103.4.1 through 1103.4.10 Group 1-2
and 1-3 occupancies
9.04.370
Deletion of Section 1103.5 through 1103.6.2 Sprinkler
systems
9.04.380 Deletion of Section 1105 through 1105.10.2 Construction
Requirements for Existing Group 1-2
f::
Ordinance No. 2016 -
Page 4 of 30
9.04.390
Amendments to Section 3602.2 Definitions
9.04.400
Amendments to Section 3603.6 Berthing and Storage
9.04.410
Amendments to Section 3604.1 General
9.04.420
Amendments to Section 3604.2 Standpipes
9.04.430
Replacement to Chapter 49 Requirements for Wildland-
Urban Interface Fire Areas
9.04.440
Amendments to Section 5003.12 Outdoor control areas
9.04.450
Amendments to Section 5004.1 Maximum quantity on site
9.04.460
Amendments to Section 5601.1.2 Storage of explosives and
blasting agents
9.04.470
Amendments to Section 5601.1.3 Fireworks 1 AG and
fireworks 1.3G
9.04.480
Amendments to Section 5601.2.2 Sale and Retail display
9.04.490
Amendments to Section 5704.2.11.1 Underground tanks
9.04.500
Amendments to Section 5706.4 Bulk plants or terminals
9.04.510
Amendments to Appendix B Fire -Flow Requirements for
Buildings
9.04.520
Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2016 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as the
"California Fire Code 2016 Edition," and the whole thereof including Appendices B, C,
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." One certified copy of which is to be 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 107.6 Overcrowding
Section 107.6 Overcrowding is amended by adding Section 107.6.1 to read as follows:
107.6.1 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 109.4 Violation Penalties
Section 109.4 is amended to read as follows:
109.4 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.
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Section 9.040.040 Amendment of Section 111.4 Failure to comply
Section 111.4 is amended to read as follows:
Section 111.4 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 by adding 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
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.
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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
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 Chapter 49 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 Notice. Uncontrolled or high weeds, brush, plant material, fire
hazards, or other items prohibited under this code increase the danger of
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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 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
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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 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.
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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.
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.
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 Amendment to Chapter 3 General Requirements by adding Section 320
Geological Surveys
Section 320 is added as follows:
SECTION 320 GEOLOGICAL SURVEYS
320.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
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320.2 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 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 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 (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 Amendment 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 (6.1 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 (60.96 m) in length shall be provided with an approved cul-de-sac
for turning around fire apparatus without backing up.
9.04.140 Amendment to Section 503.2.7 Grade
Section 503.2.7 is amended to read as follows:
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503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten percent.
9.04.150 Amendments to Section 503.2.7 Policy
Section 503.4 is amended by adding Section 503.4.2 to read as follows:
503.4.2 Policy. 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 503.6.1 Vehicle access gates
Section 503.6.1 is amended to read as follows:
503.6.1 Vehicle access gates. Vehicle access gates or barriers installed
across fire apparatus access roads 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 four inches (102 mm) in height with a one-half
inch (51 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 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.
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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. All new
buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public
safety communication systems 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 City's Guildelines and Standards D.05
"Emergency Responder Radio Coverage System" and 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 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.
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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, 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.
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6. All active in -building coverage devices shall be FCC Part 90 certified.
9.04.220 Amendment to Section 510.5.1 Approval prior to installation
Section 510.5.1 is amended to read as follows:
510.5.1 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 Sheriff's Department (OCSD)
Communications Division; with a copy provided to the fire and building
code official.
9.04.230 Amendments to Section 510.5.2 Minimum qualifications of
personnel
Section 510.5.2 is amended to read as follows:
510.5.2 Minimum qualifications of personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both 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 510.5.3 Acceptance test procedure
Section 510.5.3 is amended to read as follows:
510.5.3 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 a minimum of 90 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
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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. 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.
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 510.5.3, shall be submitted to OCSD
Communications and the fire and building code official.
9.04.260 Amendment to Section 511 BUILDING INFORMATION
Section 511 is added to read as follows:
SECTION 511 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 Amendment to Section 604.8 Emergency power outlets
Section 604.8 is added to read as follows:
604.8 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 604.2 of the
California Fire Code in every fire control room and in other areas as may
be designated by the fire code office. In the following locations:
1. In the main exit corridor of each floor adjacent to each
exit enclosure.
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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.
9.04.280 Amendments to Section 903.2 Where required
Section 903.2 is amended to read as follows:
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
5,000 square feet (465 m ), 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 mz),
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.
9.04.290 Amendments to Section 903.2.8 Group R
Section 903.2.8 Group R is amended to read as follows:
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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.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1
occupancies and not housing bedridden clients, not housing
nonambulatory 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. 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.
4. 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 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.
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9.04.300 Amendments to Section 903.3 Installation requirements
Section 903.3 is amended to read as follows:
903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.9 and in accordance with City's Guidelines and Standards F.02
Fire Sprinkler System Design Pressure.
9.04.310 Amendments to Section 903.3.1 Standards
Section 903.3.1 is amended by adding Section 903.3.1.4 to read as follows:
903.3.1.4 Alarms. Local water flow alarms shall be provided on all
13,13R and 13D sprinkler systems and shall be connected to the
building fire alarm or water flow monitoring system where provided.
9.04.320 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.
9.04.330 Amendments and Additions to Sections 912 Fire
Department Connections
Section 912 is amended by adding Section 912.1.1, amending 912.2 and Section
912.2.1 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 2 112" inlets shall be provided.
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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.
912.2.1 Visible Location. Fire department connections shall be
located on the address side of the building, fully visible and
recognizable from the street or nearest point of fire department vehicle
access or as otherwise approved by the Fire Chief.
9.04.340 Delete Section 1103.2 Emergency responder radio coverage in existing
buildings
Section 1103.2 is to be deleted in its entirety.
9.04.350 Delete Section 1103.4 Vertical openings
Section 1103.4 is to be deleted in its entirety.
9.04.360 Delete Section 1103.4.1 through 1103.4.10 Group 1-2 and 1-3
occupancies
Section 1103.4.1 through 1103.4.3 is to be deleted in its entirety.
9.04.370 Delete Section 1103.5 through 1103.6.2 Sprinkler systems
Section 1103.5 through 1103.6.2 is to be deleted in its entirety.
9.04.380 Delete Section 1105 through 1105.10.2 Construction Requirements for
Existing Group 1-2
Section 1105 through 1105.10.2 is deleted in its entirety.
9.04.390 Amendments to Section 3602 Definitions
Section 3602.1 is amended to add the following:
DOCK.
10-104
Ordinance No. 2016 -
Page 20 of 30
9.04.400 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.
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.
9.04.410 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
10-105
Ordinance No. 2016 -
Page 21 of 30
motor vehicle fuel dispensing stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through
3604.6.
9.04.420 Amendment 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.
9.04.430 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM
STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls,
operates, or maintains any parcel of land within a designated Hazard
Reduction Zone or Local Agency Very High Fire Hazard Severity Zone
shall comply with the requirements of this Chapter to mitigate the
conditions where vegetative fuels may readily transmit fire to buildings
and threaten to destroy life, overwhelm fire suppression capabilities, or
result in large property losses.
4901.2 Purpose. The purpose of this code is to provide minimum
vegetative maintenance standards to reduce the severity of exterior
wildlife exposure to buildings, and to decrease the exposure from a
building fire to the wildland-urban interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or
maintaining buildings or structures requiring defensible spaces shall be
responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local
Agency Very High Fire Hazard Severity Zones located within the City
of Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
10-106
Ordinance No. 2016 -
Page 22 of 30
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES,
HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction
Zones, and Local Agency Very High Fire Hazard Severity Zones not in
compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification
zone shall be maintained in accordance with the approved plan and
the City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard for Developments" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard
Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard
Reduction Zone shall be maintained in accordance with the City's
Guidelines and Standards G_01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN
HAZARD REDUCTION ZONES AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of
the California Building Code and other relevant sections of the
California Building Code, all new construction and existing structures
that are increased in size by 2,000 square feet or more and exceed
50% of the area of the existing structure located on parcels of land
within the City of Newport Beach Hazard Reduction Zone and Local
Agency Very High Fire Hazard Severity Zones shall be built in
accordance with the regulations found in Section 4904 and 4905 of this
code.
10-107
Ordinance No. 2016 -
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4904.2 Authority. The Fire Chief shall have the authority to designate
all Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone
pursuant to Government Code Section 51179(a).
4904.3 Fuel Modification Requirements for New Construction. All
new structures located on parcels of land which are designated Hazard
Reduction Zones or Local Agency Very High Fire Hazard Severity
Zones shall comply with this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or
more and exceed 50% of the area of the existing structure located on
parcels of land which are designated Hazard Reduction Zones or Local
Agency Very High Fire Hazard Severity Zones shall comply with this
section.
4904.3.2 Plans. Fuel modification plans shall be submitted to and
approved by the fire code official prior to the issuance of a building
permit. The plans shall be developed using the criteria set forth in the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard" and G.04 "Fuel Modification Plans and
Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if
conditions change. Any alterations to the fuel modification plan shall be
approved by the fire code official.
4904.3.4 Issuance of grading or building permits. No grading permit
or building permit shall be issued for new and qualifying additions to
existing structures prior to approval by the fire code official of the
submitted fuel modification plan as required by this section.
4904.3.5 Street widths. The minimum width of private and public
streets shall not be less than 28 feet (8.53 m). Private streets and
driveways serving no more than three dwellings and not exceeding 150
feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the
requirements of Section 7A of the California Building Code shall not be
less than three feet (.915 m) from an adjacent property line. Areas
shall be maintained free of obstructions at all times.
Exception: Refuse cans for residential use.
10-108
Ordinance No. 2016 -
Page 24 of 30
4905.2 Combustible construction prohibited. No attached or
detached buildings, patio covers, sheds, decks, stairs, or similar
structures shall be built or placed in the 20 foot Zone A setback, as
described in the City's Guidelines and Standards G.02 "Fuel
Modification Plans and Maintenance Standard" unless completely
constructed of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
4906.1 Map. The Fire Chief shall cause an official map of the Hazard
Reduction Zones to be prepared. The City Council shall adopt by
ordinance a map of the Local Agency Very High Fire Hazard Severity
Zones. These maps shall be reviewed, updated or amended as
deemed necessary.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
4907.1 General. Defensible space will be maintained around all
buildings and structures in State Responsibility Area (SRA) as required
in Public Resources Code 4290 and "SRA Fire Safe Regulations"
California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very -high Fire Hazard Severity
Zones of a Local Responsibility Areas (LRA) shall maintain defensible
space as outlined in Government Code 51175-51189 and any local
ordinance of the authority having jurisdiction.
4907.2 Equipment prohibited without a spark arrestor. Except as
otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining Local Agency Very High
Fire Hazard Severity Zones, any internal combustion engine which
uses hydrocarbon fuel, unless the engine is equipped with a spark
arrestor as defined in Section 4907.4 of the Fire Code and maintained
in effective working order, or the engine is constructed, equipped and
maintained for the prevention of fire pursuant to Section 4907.2 of the
Fire Code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the
exhaust system of engines or vehicles subject to this section shall not
be placed or mounted in such a manner as to allow flames or heat
from the exhaust system to ignite any flammable material.
10-109
Ordinance No. 2016 -
Page 25 of 30
4907.4 Spark arrestor design. A spark arrestor is a device
constructed of nonflammable material specifically for the purpose of
removing and retaining carbon and other flammable particles over
0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal
combustion engine that uses hydrocarbon fuels or which is qualified
and rated by the United States Forest Service.
4907.5 Spark arrestor exemption for vehicles. Engines used to
provide motor power for trucks, truck tractors, buses, and passenger
vehicles, except motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in the Vehicle
Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted
gases pass through the rotating turbine wheel, there is no exhaust
bypass to the atmosphere and the turbocharger is in effective
mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY
HIGH FIRE HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce
when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry.
Entry on and occupation of Local Agency Very High Fire Hazard
Severity Zones, except public roadways, inhabited areas or
established trails and camp sites which have not been closed during
such time when the Local Agency Very High Fire Hazard Severity
Zone is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very
High Fire Hazard Severity Zones and their invitees and guests going to
or being upon their lands.
2. Entry in the course of duty by peace or police officers, other duly
authorized public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
4909.1 General. Welding torches, tar pots, decorative torches and
other devices, machines or processes liable to start or cause fire shall
not be operated or used in or upon Local Agency Very High Fire
Hazard Severity Zones, except by permit from the fire code official.
10-110
Ordinance No. 2016 -
Page 26 of 30
Exception: Use within habited premises which are a minimum of 30
feet (914 m) from grass or brush covered areas.
Flame -employing devices, such as lanterns or kerosene road flares,
shall not be operated or used as a signal or marker in or upon a Local
Agency Very High Fire Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or
maintained in or upon Local Agency Very High Fire Hazard Severity
Zones and Hazard Reduction Zones, except by permit from the fire
code official.
Exception: Fires located within the property boundary of inhabited
premise or designated campsites where such fires are built in a
permanent barbeque, portable barbeque, outdoor fireplace, incinerator
or grill and are a minimum of 30 feet (9.14 m) from grass or brush
covered areas.
Permits shall incorporate such terms and conditions which will
reasonably safeguard public safety and property. Outdoor fires or
burning shall not be conducted in or upon Local Agency Very High Fire
Hazard Severity Zones or in hazard reduction zones under the
following conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts
exceed 25 MPH.
2. When a person age 18 or over is not present at all times to watch
and tend such fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques,
outdoor fireplaces or grills shall not be used for the disposal of rubbish,
trash, or combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in
Local Agency Very High Fire Hazard Severity Zones or hazard
reduction zones shall only use natural gas or propane fuel.
10-111
Ordinance No. 2016 -
Page 27 of 30
Combustible solid fuels are prohibited regardless if a spark arrestor is
utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be
maintained in good repair and in a safe condition at all times. Openings
in such appliances shall be provided with an approved spark arrester,
screen, lid, or door.
9.04.440 Amendments to Section 5003.12 Outdoor control areas
Section 5003.12 is amended by adding item No. 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.
9.04.450 Amendments 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 official.
9.04.460 Amendments to Section 5601.1.2 Storage of explosives and blasting
agents
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.
9.04.470 Amendments to Section 5601.1.3 Fireworks II AG and fireworks 1.3G
Section 5601.1.3 is added to read as follows:
5601.1.3 Fireworks II AG and fireworks 1.3G. No person shall store,
use, sell, possess, or handle fireworks 1 AG, (commonly referred to as
"Safe and Sane") and fireworks 1.3G anywhere in the City of Newport
Beach.
10-112
Ordinance No. 2016 -
Page 28 of 30
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted and conducted by a
licensed pyrotechnic operator.
9.04.480 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
upon highways, sidewalks, public properties, or anywhere in the City of
Newport Beach.
9.04.490 Amendments to Section 5704.2.11 Underground tanks
Section 5704.2.11.1 is amended by adding No. 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.
9.04.500 Amendments to Section 5706.4 Bulk plants or terminals
Section 5706.4 is amended to read as follows:
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.
9.04.510 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 shall be as specified in Table 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
10-113
Ordinance No. 2016 -
Page 29 of 30
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).
9.04.520 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
California 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 City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(C)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Section 5: 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.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published pursuant to City
Charter Section 414.
[CONTINUED ON NEXT PAGE]
10-114
Ordinance No. 2016 -
Page 30 of 30
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 7 t day of November, 2016, and was adopted on the 22nd
day of November, 2016, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
DIANE B. DIXON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachment: Section 9.04.520 Local Agency Very High Fire Hazard Severity
Zone Map
10-115
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Attachment F
Redline Version of Fire Code Amendments
10-117
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
THE 2016 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS,
TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS
DESIGNATED AS THE NEWPORT BEACH FIRE CODE;
RECITALS
WHEREAS, Health & Safety Code Sections 17922 and 18935, the Building
Standards Commission ("BSC") has approved the adoption of new model codes relating
to design and construction for the protection of life and property. The BSC has advised
local jurisdictions that the State will adopt the 2016 Edition of the California Fire Code
("CFC"); and
WHEREAS, the 2016 CFC is based on the 2015 International Fire Code. The
CFC published by the BSC in Title 24, Part 9; are mandated to be enforced on January
1, 2017. In order to include our local amendments and enhance life safety and
property protection, the City of Newport Beach must complete its adoption process thirty
(30) days prior to implementation. The adoption of the code into the City Municipal
Code provides for an orderly administration of the codes by City Building and Fire Code
officials; and
WHEREAS, local jurisdictions may amend the State Building Code as necessary
to mitigate differences caused by local topographical, geographical, and climatic
conditions. In accordance with California Health and Safety Code Section 17958.7,
any modifications made via local ordinance must be filed, along with the findings
thereto, with the BSC. These local changes will be incorporated into Title 9 of the
Newport Beach Municipal Code; and
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.
2016 -XX adopted by the City Council of the City of Newport Beach on November 22,
2016. When approved, the ordinance and accompanying resolution will be forwarded
to the BSC in compliance with the above mentioned code sections, and
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute to be
known as the Newport Beach Fire Code; and
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
10-118
Whereas, the 2016 California Fire Code is similar to the 2013 version; the
attached ordinance contains similar provisions as adopted by the City Council in 2013.
Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW, THEREFORE, The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1. Chapter 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 2016 California Fire Code
9.04.020
Amendment of Section 107.6 Overcrowding
9.04.030
Amendment of Section 109.4 Violation Penalties
9.04.040
Amendment of Section 111.4 Failure to comply
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendments 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
9.04.100
Amendments to Chapter 3 General Requirements by
adding Section 320 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 503.2.7 Policy
9.04.160
Amendments to Section 503.6.1 Vehicle access 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 510.4.1 Radio signal strength
9.04.220
Amendments to Section 510.4.2 System design
9.04.230
Amendments to Section 510.4.2.2 Technical criteria
9.04.240
Amendments to Section 510.5.1 Approval prior to
installation
9.04.250
Amendments to Section 510.5.2 Minimum qualifications
of personnel
9.04.260
Amendments to Section 510.5.3 Acceptance test
procedure
9.04.270
Amendments to Section 510.6.1 Testing and proof of
compliance
10-119
9.04.280
Amendments to Section 511 Building Information
9.04.290
Amendments to Section 604.8 Emergency power outlets
9.04.300
Amendments to Section 903.2 Where required
9.04.310
Amendments to Section 903.2.8 Group R
9.04.320
Amendments to Section 903.2.8 Installation requirements
9.04.330
Amendments to Section 903.3.1 Standards
9.04.340
Amendments to Section 907.1 General
9.04.350
Amendments and Additions to Section 912 Fire Department Connections
9.04.360
Deletion of Section 1103.2 Emergency responder radio coverage in
existing buildings
9.04.370
Deletion of Section 1103.4 Vertical openings
9.04.380
Deletion of Section 1103.4.1 through 1103.4. 10 Group 1-2 and 1-3
occupancies
9.04.390
Deletion of Section 1103.5 through 1103.6.2 Sprinkler systems
9.04.400
Deletion of Section 1105 through 1105.10.2 Construction Requirements
for Existing Group 1-2
9.04.410
Amendments to Section 3602.2 Definitions
9.04.420
Amendments to Section 3603.6 Berthing and Storage
9.04.430
Amendments to Section 3604.1 General
9.04.440
Amendments to Section 3604.2 Standpipes
9.04.450
Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas
9.04.460
Amendments to Section 5003.12 Outdoor control areas
9.04.470
Amendments to Section 5004.1 Maximum quantity on site
9.04.480
Amendments to Section 5601.1.2 Storage of explosives and blasting
agents
9.04.490
Amendments to Section 5601.1.3 Fireworks 1 AG and fireworks 1.3G
9.04.500
Amendments to Section 5601.2.2 Sale and Retail display
9.04.510
Amendments to Section 5704.2.11.1 Underground tanks
9.04.520
Amendments to Section 5706.4 Bulk plants or terminals
9.04.530
Amendments to Appendix B Fire -Flow Requirements for Buildings
9.04.540
Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2016 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as the "California Fire
Code 2016 Edition," and the whole thereof including Appendices B, C, 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." One certified copy of
which is to be 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 107.6 Overcrowding
Section 107.6 Overcrowding is amended by adding Section 107.6.1 to read as follows:
107.6.1 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 109.4 Violation Penalties
Section 109.4 is amended to read as follows:
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109.4 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 111.4 Failure to comply
Section 111.4 is amended to read as follows:
Section 111.4 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 by adding 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 maV be secured. A dock maV
be fixed to the shore or fixed on pilings, or maV 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 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 VerV High Fire Hazard Severity Zones shall be
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considered to be Very Hiah Fire Hazard Severitv 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 m) of a chimney outlet, shall
be cut down and removed bV the property owner. Vegetation modification requirements in
wildland-urban interface areas shall be in accordance with Chapter 49 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 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 shall be mailed not less than fifteen (15) calendar days
prior to the date of the proposed abatement.
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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 bV 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 maV include testimony on the
condition of the property and circumstances related to the fire hazard. The owner of the
land maV 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
eaualized tax assessment roll within thirtv (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 CitV maV 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 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 maV 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 voluntarV 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 CitV 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 mailina of
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the notice. Any appeal regarding the reasonableness of the assessment of costs shall be
heard bV 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.
305.8.9 Other abatement procedures. The provisions of this ordinance shall not in any
manner limit or restrict the CitV from enforcing City ordinances or abating public
nuisances in anv 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
CitV except in areas where proper containers are provided for such fires bV the City and
where CitV 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.
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 Amendment to Chapter 3 General Requirements by adding Section 320 Geological
Surveys
Section 320 is added as follows:
SECTION 320 GEOLOGICAL SURVEYS
320.1 General. Development on or near land containing or emitting toxic, combustible
or flammable liquids, gases, or vapors.
320.2 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 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;
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2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or
3. Modifications to existina 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 (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 Amendment 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 (6.1 m) inside radius and 40 feet (12.2 m) outside radius.
Exception: Cul-de-sacs with center obstructions may require
turnina radius as aooroved 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 (60.96
m) in length shall be provided with an approved cul-de-sac for turning around fire
apparatus without backing up.
9.04.140 Amendment 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 503.2.7 Policy
Section 503.4 is amended by adding Section 503.4.2 to read as follows:
503.4.2 Policy. 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 503.6.1 Vehicle access gates
Section 503.6.1 is amended to read as follows:
503.6.1 Vehicle access pates. Vehicle access pates or barriers installed across fire
apparatus access roads shall be in accordance with the City's Guidelines and Standards
C.01 EmergencV Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum
width of any pate 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 maV be increased
depending on the length of the approach.
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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 four inches (102 mm)
in height with a one-half inch (51 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 addresses place
above or immediatelv adiacent 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. 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. All new buildings
shall have approved radio coverage for emergency responders within the building based
upon the existing coverage levels of the public safety communication systems 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 City's Guildelines and Standards D.05
"Emergency Responder Radio Coverage System" and this code.
Exceptions:
1. Where approved by the building official and the fire ceoffofficial, a wired
communication system On accordance with Section 907.2.1.3.2 shall be permitted to be
0netalled o maintained instead of an approved radio coverage system
2. Where it is determined by the fire code official that the radio coverage system is
not needed.
3. 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:
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1. Existing buildings or structures
2. One and two family dwellings.
3. Elevators.
4. Structures that are three stories or less without subterranean storaae or parkin
and that do not exceed 50,000 square feet on anV 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 anv sinale storv. but includes subterranean Darkina or storaae. this ordinance
shall aDDly onlv 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:
510.2 Emergency respndder radio coverage in existing buildings. Existing
required ire Chapter 11.-
9.04.230 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, 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 refect frequencies
below 851 MHz and frequencies above 869 MHz bV 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 bV the
jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order intermodulation Drotection.
6. All active in-buildinq coveraqe devices shall be FCC Part 90 certified.
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9.04.240 Amendment to Section 510.5.1 Approval prior to installation
Section 510.5.1 is amended to read as follows:
510.5.1 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 coordination and approval of the fire code official plan submittal, coordination, and
approval from the Orange County Sheriff's Department (OCSD) Communications
Division: with a copy provided to the fire and buildina code official.
9.04.250 Amendments to Section 510.5.2 Minimum qualifications of personnel
Section 510.5.2 is amended to read as follows:
510.5.2 Minimum qualifications of personnel. The minimum qualifications of the
system designer and lead installation personnel shall include both 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.
These qualifications shall not be required where dernonstration of adequate skills and
e�^rpnee satisfactory to the fore code official is provided.
9.04.260 Amendments to Section 510.5.3 Acceptance test procedure
Section 510.5.3 is amended to read as follows:
510.5.3 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 to verify by a qualified FCC licensed third party technician to ensure
that two-way coverage on each floor of the building is a minimum of 90 percent. The test
procedure shall be conducted as follows:
9.04.270 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 shaman ceche
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 verify ensure that the gain is the same as it
was upon initial installation and acceptance. 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.
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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.
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 buildinq code official.
9.04.280 Amendment to Section 511 BUILDING INFORMATION
Section 511 is added to read as follows:
SECTION 511 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.
9.04.290 Amendment to Section 604.8 Emergency power outlets
Section 604.8 is added to read as follows:
604.8 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 604.2 of the California Fire Code in every fire control room and in
other areas as may be designated by the fire code office. 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 desianated by the fire code official.
9.04.300 Amendments to Section 903.2 Where required
Section 903.2 is amended to read as follows:
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 aross buildina area enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through
903.2.12. an automatic fire-extinauishina system shall also be installed in all occupancies
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when the total building area exceeds 5,000 square feet (465 mz), unless more restrictive
requirements are required bV 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 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.
9.04.310 Amendments to Section 903.2.8 Group R
Section 903.2.8 Group R 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:
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.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and
not housing bedridden clients, not housing nonambulatory 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. 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.
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4. 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 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.
9.04.320 Amendments to Section 903.3 Installation requirements
Section 903.3 is amended to read as follows:
903.3 Installation requirements. Automatic sprinkler systems shall be designed and
installed in accordance with Sections 903.3.1 through 903.3.9 and in accordance with
City's Guidelines and Standards F.02 Fire Sprinkler System Design Pressure.
9.04.330 Amendments to Section 903.3.1 Standards
Section 903.3.1 is amended by adding Section 903.3.1.4 to read as follows:
903.3.1.4 Alarms. Local water flow alarms shall be provided on all 13,13R and 13D
sprinkler systems and shall be connected to the building fire alarm or water flow
monitoring system where provided.
9.04.340 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 plainlV visible.
Exception: Smoke detectors installed with an addressable alarm system capable of
showing the approximate location of all activating devices.
9.04.350 Amendments and Additions to Sections 912 Fire Department Connections
Section 912 is amended by adding Section 912.1.1, amending 912.2 and Section 912.2.1 to read as
follows:
912.1.1 Installation. The size of piping and the number of inlets shall be approved bV
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.
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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.
912.2.1 Visible Location. Fire department connections shall be located on the
address side of the building, fully visible and recognizable from the street or nearest
point of fire department vehicle access or as otherwise approved by the Fire Chief.
9.04.360 Delete Section 1103.2 Emergency responder radio coverage in existing buildings
Section 1103.2 is to be deleted in its entirety.
9.04.370 Delete Section 1103.4 Vertical openings
Section 1103.4 is to be deleted in its entirety.
9.04.380 Delete Section 1103.4.1 through 1103.4.10 Group 1-2 and 1-3 occupancies
Section 1103.4.1 through 1103.4.3 is to be deleted in its entirety.
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9.04.390 Delete Section 1103.5 through 1103.6.2 Sprinkler systems
Section 1103.5 through 1103.6.2 is to be deleted in its entirety.
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9.04.400 Delete Section 1105 through 1105.10.2 Construction Requirements for Existing Group 1-2
Section 1105 through 1105.10.2 is deleted in its entirety.
9.04.410 Amendments to Section 3602 Definitions
Section 3602.1 is amended to add the following:
DOCK.
9.04.420 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.
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.
9.04.430 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 stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through 3604.6.
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9.04.440 Amendment 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.
9.04.450 Replacement to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within a designated Hazard Reduction Zone or Local
Agency Very High Fire Hazard Severity Zone shall comply with the requirements of
this Chapter to mitigate the conditions where vegetative fuels may readily transmit
fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities,
or result in large property losses.
4901.2 Purpose. The purpose of this code is to provide minimum vegetative
maintenance standards to reduce the severity of exterior wildlife exposure to
buildings, and to decrease the exposure from a building fire to the wildland-urban
interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be responsible for modifying
or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local Agency Very High
Fire Hazard Severitv Zones located within the Citv of Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
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SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, and Local
Agency Very High Fire Hazard Severity Zones not in compliance with the City's
respective guidelines and standards shall constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall be
maintained in accordance with the approved plan and the CitV's Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standard for
Developments" and G.04 "Fuel Modification Plans and Maintenance Standards for
Conversion from a Hazard Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone shall
be maintained in accordance with the City's Guidelines and Standards G.01 "Hazard
Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD
REDUCTION ZONES AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of the California
Building Code and other relevant sections of the California Building Code, all new
construction and existing structures that are increased in size bV 2,000 square feet or
more and exceed 50% of the area of the existing structure located on parcels of land
within the City of Newport Beach Hazard Reduction Zone and Local Agency Very
High Fire Hazard Severity Zones shall be built in accordance with the regulations
found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief shall have the authority to designate all Hazard
Reduction Zones, and the City Council shall adopt, by ordinance, the Local Agency
Very High Fire Hazard Severity Zone pursuant to Government Code Section
51179(a).
4904.3 Fuel Modification Requirements for New Construction. All new structures
located on parcels of land which are designated Hazard Reduction Zones or Local
AgencV Very High Fire Hazard Severity Zones shall comply with this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing Structures.
All additions to structures that are 2,000 square feet or more and exceed 50% of the
area of the existing structure located on parcels of land which are designated Hazard
Reduction Zones or Local AgencV Very High Fire Hazard Severity Zones shall
comply with this section.
4904.3.2 Plans. Fuel modification plans shall be submitted to and approved bV the
fire code official prior to the issuance of a building permit. The plans shall be
developed using the criteria set forth in the CitV's Guidelines and Standards G.02
"Fuel Modification Plans and Maintenance Standard" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard Reduction Zone to
Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if conditions change.
Any alterations to the fuel modification plan shall be approved bV the fire code official.
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4904.3.4 Issuance of grading or building permits. No grading permit or building
permit shall be issued for new and qualifying additions to existing structures prior to
approval by the fire code official of the submitted fuel modification plan as required by
this section.
4904.3.5 Street widths. The minimum width of private and public streets shall not be
less than 28 feet (8.53 m). Private streets and driveways serving no more than three
dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24
feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the requirements of
Section 7A of the California Building Code shall not be less than three feet (.915 m)
from an adjacent property line. Areas shall be maintained free of obstructions at all
times.
Exception: Refuse cans for residential use.
4905.2 Combustible construction prohibited. No attached or detached buildings,
patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the
20 foot Zone A setback, as described in the City's Guidelines and Standards G.02
"Fuel Modification Plans and Maintenance Standard" unless completely constructed
of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONE MAP
4906.1 Map. The Fire Chief shall cause an official map of the Hazard Reduction
Zones to be prepared. The City Council shall adopt by ordinance a map of the Local
Agency Very High Fire Hazard Severity Zones. These maps shall be reviewed,
updated or amended as deemed necessarV.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4907.1 General. Defensible space will be maintained around all buildings and
structures in State Responsibility Area (SRA) as required in Public Resources Code
4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14,
Division 1.5, Chapter 7, Subchapter 2, Section 1270.
Buildings and structures within the Very -high Fire Hazard Severity Zones of a Local
Responsibility Areas (LRA) shall maintain defensible space as outlined in
Government Code 51175-51189 and any local ordinance of the authority having
jurisdiction.
4907.2 Equipment prohibited without a spark arrestor. Except as otherwise
provided in this section, no person shall use, operate, or cause to be operated, in,
upon or adjoining Local Agency Very High Fire Hazard Severity Zones, any internal
combustion engine which uses hydrocarbon fuel, unless the engine is equipped with
a spark arrestor as defined in Section 4907.4 of the Fire Code and maintained in
effective working order, or the engine is constructed, equipped and maintained for
the prevention of fire pursuant to Section 4907.2 of the Fire Code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the exhaust system of
engines or vehicles subject to this section shall not be placed or mounted in such a
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manner as to allow flames or heat from the exhaust system to ignite any flammable
material.
4907.4 Spark arrestor design. A spark arrestor is a device constructed of
nonflammable material specifically for the purpose of removing and retaining carbon
and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the
exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which
is qualified and rated by the United States Forest Service.
4907.5 Spark arrestor exemption for vehicles. Engines used to provide motor
power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles,
are not subject to this section if the exhaust system is equipped with a muffler as
defined in the Vehicle Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted gases pass
through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and
the turbocharger is in effective mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE
HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce when Local
Agency Very High Fire Hazard Severity Zones shall be closed to entry and when
such areas shall again be opened to entry. Entry on and occupation of Local Agency
Very High Fire Hazard Severity Zones, except public roadways, inhabited areas or
established trails and camp sites which have not been closed during such time when
the Local Agency Very High Fire Hazard Severity Zone is closed to entry, is
prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very High Fire
Hazard Severity Zones and their invitees and quests going to or being upon their
lands.
2. Entry in the course of duty by peace or police officers, other duly authorized public
officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other devices,
machines or processes liable to start or cause fire shall not be operated or used in or
upon Local Agency Very High Fire Hazard Severity Zones, except by permit from the
fire code official.
Exception: Use within habited premises which are a minimum of 30 feet (914 m)
from grass or brush covered areas.
Flame -employing devices, such as lanterns or kerosene road flares, shall not be
operated or used as a signal or marker in or upon a Local Agency Very High Fire
Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
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SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or maintained in or
upon Local Agency Very High Fire Hazard Severity Zones and Hazard Reduction
Zones, except by permit from the fire code official.
Exception: Fires located within the property boundary of inhabited premise or
designated campsites where such fires are built in a permanent barbeque, portable
barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9.14 m)
from grass or brush covered areas.
Permits shall incorporate such terms and conditions which will reasonably safeguard
public safety and property. Outdoor fires or burning shall not be conducted in or upon
Local Agency Very High Fire Hazard Severity Zones or in hazard reduction zones
under the following conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25
MPH.
2. When a person age 18 or over is not present at all times to watch and tend such
fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor
fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible
waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in Local Agency
Very High Fire Hazard Severity Zones or hazard reduction zones shall only use
natural gas or propane fuel. Combustible solid fuels are prohibited regardless if a
spark arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good
repair and in a safe condition at all times. Openings in such appliances shall be
provided with an approved spark arrester, screen, lid, or door.
9.04.460 Amendments to Section 5003.12 Outdoor control areas
Section 5003.12 is amended by adding item No. 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.
9.04.470 Amendments 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
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uses, unless approved mitigation measures are implemented and maintained, as
required bV the fire code official.
9.04.480 Amendments to Section 5601.1.2 Storage of explosives and blasting agents
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 authorizina use and/or storaae.
9.04.490 Amendments to Section 5601.1.3 Fireworks II AG and fireworks 1.3G
Section 5601.1.3 is added to read as follows:
5601.1.3 Fireworks II AG and fireworks 1.3G. 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.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired
public display when permitted and conducted by a licensed pyrotechnic operator.
9.04.500 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 upon highways, sidewalks, public
properties, or anywhere in the CitV of Newport Beach.
9.04.510 Amendments to Section 5704.2.11 Underground tanks
Section 5704.2.11.1 is amended by adding No. 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.
9.04.520 Amendments to Section 5706.4 Bulk plants or terminals
Section 5706.4 is amended to read as follows:
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.
9.04.530 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section 13105.2 is amended to read as follows:
B105.2 Buildinqs Other Than One -and Two- Family Dwellinqs, Group R-3 and
R-4 buildings and townhouses. The minimum fire flow and flow duration for
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buildings other than one -and two-family dwellings shall be as specified in Table
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).
9.04.540 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 California 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 City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(C)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published pursuant to City
Charter Section 414.
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 8th day of November, 2016, and was adopted on the 22nd
day of November, 2016, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Diane Dixon
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
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