HomeMy WebLinkAbout04 - Adoption of the 2016 California Building Standards and Fire Codes with Local Amendments<C SEW Pp�T
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November 22, 2016
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, AICP, Community Development Director
949-644-3226, kbrandt newportbeachca.gov
PREPARED BY: Seimone Jurjis, PE, Assistant Community Development Director,
949-644-3282, sjurjis(q)_newportbeachca.gov
TITLE: Adoption of the 2016 California Building Standards and Fire Codes
with Local Amendments
ABSTRACT:
This is the second reading and adoption of ordinances adopting the 2016 California
Building and Fire codes with amendments. The City enforces state building and fire
codes for the purpose of regulating design, construction, and maintenance of all
structures to protect life and property. Every three years the state adopts new model
codes. Local agencies must adopt the same codes and make amendments with
specific findings 30 days prior to the January 1, 2017 enforcement of the new codes.
RECOMMENDATIONS:
a) 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;
b) Conduct second reading and adopt 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; to Adopt with 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
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Adoption of the 2016 California Building Standards and Fire Codes
November 22, 2016
Page 2
c) Conduct second reading and adopt 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.
FUNDING REQUIREMENTS:
There is no fiscal impact to the City for this action.
DISCUSSION:
On November 7, 2016, the City Council held a public hearing and introduced the
proposed ordinances (Attachments A and B) that adopt the 2016 California Building and
Fire Codes. At the meeting, the City Council also adopted Resolutions No. 2016-118
and No. 2016-119 making the necessary findings for the proposed local amendments to
the codes.
After the City Council introduced the ordinances, staff has made one amendment to
Section 9.04.080 of the 2016 California Fire Code (Ordinance No. 2016-18, Attachment
B). The amendment clarifies that a combustible liquid fireplace is allowed to be located
outside for R3 occupancies (single family and duplex properties). This amendment is
considered clerical and non -substantive; therefore, no additional noticing is required,
and the second reading may be conducted and the adoption may occur.
If City Council adopts the proposed ordinances the new codes will take effect on
January 1, 2017.
ENVIRONMENTAL REVIEW:
Adoption of the 2013 California Building Standards and Fire Codes, including the
proposed local amendments, 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 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.
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).
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Adoption of the 2016 California Building Standards and Fire Codes
November 22, 2016
Page 3
ATTACHMENTS
Attachment A —Ordinance No. 2016-17 — 2016 California Building and Other Related
Codes
Attachment B — Ordinance No. 2016-18 — 2016 California Fire Code
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Attachment A
Ordinance No. 2016-17 — Adoption of 2016 California Building
and Other Related Codes
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
9
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 -
Page 2 of 32
ORDINANCE NO. 2016 -
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 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.
Ordinance No. 2016 -
Page 3 of 32
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 -
Page 4 of 32
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
BE
Ordinance No. 2016 -
Page 5 of 32
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.
Ordinance No. 2016 -
Page 6 of 32
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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Ordinance No. 2016 -
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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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Ordinance No. 2016 -
Page 8 of 32
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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Ordinance No. 2016 -
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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 701A.1 is amended to read as follows:
Section 701A.1 SECTION 701A SCOPE, PURPOSE AND
APPLICATION.
Section 701A.1 Scope. This chapter applies to building materials, systems
and/or assemblies used in the exterior design and construction of buildings
including one -and two-family dwellings located within a Fire Hazard Severity
Zone or Wildland-Urban Interface Fire Area as defined in Section 702A.
Section 15.04.040 Amendment to Section 701A.3
Section 701A.3 is amended by deleting Exception #4 in its entirety:
Section 15.04.050 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 15.04.060 Amendment to Section 702A
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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Ordinance No. 2016 -
Page 11 of 32
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 -
Page 12 of 32
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 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.
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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Ordinance No. 2016 -
Page 13 of 32
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 -
Page 14 of 32
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 1st of each year thereafter at which time the special
inspector may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates
of registration should not be revoked. Failure to appear at such hearing by the
special inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
SM
Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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
4-23
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
°
effects
CATEGORY
Weathering
Depth
Termite
TEMP
REQUIRED
HAZARDS
INDEX
TEMP
LOAD
(mph)
k
f
a
b
e
e
h
g
1
i
Zero
110
No
Do, D,, DZ or
Negligible
12" to
Very
43
No
See
0
60
E
24"
Heavy
footnote g
4-23
Ordinance No. 2016 -
Page 20 of 32
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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Ordinance No. 2016 -
Page 21 of 32
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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Ordinance No. 2016 -
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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 15.04.130
through 15.04.140.
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.
sm
Ordinance No. 2016 -
Page 25 of 32
(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
4-30
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
4-33
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,
4-34
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]
4-35
Ordinance No. 2016 -
Page 32 of 32
This ordinance was introduced at a special meeting of the City Council of the City
of Newport Beach held on the 71h day of November, 2016, and was adopted at a regular
meeting on the 22"d 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 `''``"{`H"s
HMO
Attachment B
Ordinance No. 2016-18 — Adoption of 2016 California Fire Code
4-37
ORDINANCE NO. 2016 -
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 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
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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
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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-
9.04.520
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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Ordinance No. 2016 -
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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 is allowed.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns
Section 308.1.6.3 is amended as follows:
308.1.6.3. Sky Lanterns. A person shall not use or release any sky
lantern in the City of Newport Beach.
9.04.100 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.
Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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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Ordinance No. 2016 -
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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 .
ollowing:
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.
Ordinance No. 2016 -
Page 13 of 30
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 occuP,ancies 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 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.
9.04.290 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 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.
9.04.340 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.
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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
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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:
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Ordinance No. 2016 -
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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.
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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.
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Ordinance No. 2016 -
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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.
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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.
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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.
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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 1.4G and fireworks 1.3G
Section 5601.1.3 is added to read as follows:
5601.1.3 Fireworks 1.4G 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.
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Ordinance No. 2016 -
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Exception: Fireworks 1.4G 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
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Ordinance No. 2016 -
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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.
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Ordinance No. 2016 -
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This ordinance was introduced at a special meeting of the City Council of the City
of Newport Beach held on the 7th day of November, 2016, and was adopted at a regular
meeting 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
FI -11 119 =63 6
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachment: Section 9.04.620 Local Agency Very High Fire Hazard Severity
Zone Map
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