HomeMy WebLinkAbout21 - Adoption of the 2025 California Building Standards Codes, Fire Code and California Wildland-Urban InterfaceQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 9, 2025
Agenda Item No. 21
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jaime Murillo, Acting Community Development Director - 949-644-
3209, jmurillo@newportbeachca.gov
PREPARED BY: Tonee Thai, Deputy Community Development Director / Chief
Building Official - 949-718-1867, tthai@newportbeachca.gov
James Gillespie, Fire Marshal - 949-644-3354,
jgillespie@newportbeachca.gov
TITLE: Ordinance Nos. 2025-23, 2025-24, and 2025-25: Adoption of the
2025 California Building Standards Codes with Local Amendments,
the 2025 California Fire Code with Local Amendments, and the 2025
California Wildland-Urban Interface with Local Amendments
ABSTRACT:
The City of Newport Beach enforces State of California (State) model building standards
and fire codes for the purpose of regulating design and construction of all structures to
protect life and property. The State adopts new codes every three years. Local agencies
must adopt the same codes and make any local amendments with specific findings at
least 30 days prior to the effective date of the new codes on January 1, 2026. For the City
Council's consideration are resolutions making specific findings in support of the
proposed City amendments along with the draft ordinances introducing the revised codes.
If passed, this item will return for final adoption of the ordinances on September 23, 2025.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find the proposed actions are not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA
Guidelines, because the code adoption and amendment will not result in a physical
change to the environment, directly or indirectly;
c) Adopt Resolution No. 2025-58, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth Findings Based on Local Conditions Within the City of
Newport Beach Which Make Certain Modifications and Changes to the International
Property Maintenance Code, the California Building Code, the California Residential
Code, the California Electrical Code, the California Mechanical Code, the California
Plumbing Code and the International Swimming Pool and Spa Code as Reasonably
Necessary Because of Local Climatic, Geographic, or Topographic Conditions;
21-1
Adoption of the 2025 California Building Standards Codes with Local Amendments
and the 2025 California Fire Code with Local Amendments
September 9, 2025
Page 2
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2025-23, An Ordinance of the City Council of the City Of Newport Beach,
California, Amending Title 15 (Building And Construction) of the Newport Beach
Municipal Code to Adopt Chapter 1, Division ll, of the 2025 Edition of the California
Building Code; the 2024 Edition of the International Property Maintenance Code and
Swimming Pool and Spa Code; the 2025 Edition of the California Building Code,
Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Green Building
Standards Code, Historical Code, Existing Building Code, and Energy Code; and to
Amend Portions of Chapter 15.50 (Floodplain Management), with Local Amendments,
and pass to second reading on September 23, 2025;
e) Adopt Resolution No. 2025-59, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth Findings Based on Local Conditions within the City of
Newport Beach Which Make Certain Modifications and Changes to the 2025 Edition of
the California Fire Code and 2025 Edition of the California Wildland Urban Interface
Code as Reasonably Necessary Because of Local Climatic, Geographic, or
Topographic Conditions;
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2025-24, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2025
Edition of the California Fire Code, with Local Amendments, and pass to second
reading on September 23, 2025; and
g) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2025-25, An Ordinance of the City Council of the City Of Newport Beach,
California, Adding Chapter 9.07 (Wildland Urban Interface Code) to Title 9 of the
Newport Beach Municipal Code to Adopt the 2025 Edition of the California Wildland
Urban Interface Code, with Local Amendments, and pass to second reading on
September 23, 2025.
DISCUSSION:
The California Building Standards Code is published every three years and amends
the California Code of Regulations Title 24. These codes are commonly referred to
as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy
Codes.
The California Building Standards Codes are adopted and amended in Newport
Beach Municipal Code (NBMC) Titles 9 (Fire Code) and 15 (Building and
Construction). The City may adopt more restrictive modifications and amendments if
the City Council adopts findings relating to local climatic, topographic and geographic
conditions, and files those findings with the California Building Standards
Commission. The California Building Standards Commission has established
January 1, 2026, as the statewide effective date for all the 2025 California Building
Standards Codes. All local municipalities are required to enforce such codes as the
minimum design standards and construction codes.
21-2
Adoption of the 2025 California Building Standards Codes with Local Amendments
and the 2025 California Fire Code with Local Amendments
September 9, 2025
Page 3
If the item moves forward to September 23, 2025, the City Council's approval of the
ordinances would result in the amendment of the Fire and Building and Construction
code of the NBMC by repealing references to the prior editions of the building
standards codes and replacing them with the most current California Building
Standard codes and International Codes listed below:
2025 California Building Code
2025 California Fire Code
2025 California Residential Code
2025 California Electrical Code
2025 California Mechanical Code
2025 California Plumbing Code
2025 California Green Building Standards Code (Cal Green)
2025 California Energy Code
2025 California Wildland Urban Interface Code
2025 California Historical Building Code
2025 California Existing Building Code
2024 International Property Maintenance Code
2024 International Swimming Pool and Spa Code
Municiaal Code Amendments
For this code adoption cycle, staff recommends less amendments to the California
Building Standards Code and Fire Code compared to the previous cycle to reduce
regulations and streamline the building permitting process. However, a number of
local amendments are recommended to be retained to enhance life safety and
property protection. A redline strikeout version of the Building and Construction and
Fire Code amendments illustrating changes from previously adopted ordinances are
included as Attachments C and G for reference. The following is a summary of some
of the key amendments proposed for incorporation into the NBMC:
Title 15 (Building and Construction) Amendments
a. NBMC Section 15.02.085 would require the permittee to use a City -
franchised solid waste enterprise for handling removal and disposal of
all construction and demolition waste for a building permit with a
construction valuation over $100,000 or a demolition permit for complete
demolition of a structure. This is to ensure compliance with California
Department of Resources Recycling and Recovery (CalRecycle)
requirements.
b. NBMC Section 15.04.090 would exempt the fire sprinklers requirement
for accessory dwelling units (ADU) when the existing primary residence
is not equipped with fire sprinklers. The construction of an ADU shall not
trigger the requirement for fire sprinklers to be installed in the existing
building. This is to ensure compliance with State ADU laws.
c. NBMC Section 15.09 would incorporate the requirements of the
International Swimming Pool and Spa Code, which is not adopted by the
21-3
Adoption of the 2025 California Building Standards Codes with Local Amendments
and the 2025 California Fire Code with Local Amendments
September 9, 2025
Page 4
State as a model code, with local amendments to ensure public safety
for private pools.
d. NBMC Section 15.50 would be revised to clarify the definition of
Substantial Improvement as any repair, reconstruction, rehabilitation,
alteration, addition or other improvement of a building or structure taking
place during a 10-year period, where the cumulative cost of the
improvement equals or exceeds 50% of the market value of the structure
before the improvement or repair is started. For each building or
structure, the 10-year period begins on the date of the first permit issued
for improvement or repair of that building or structure subsequent to
December 31, 2025. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
actual repair work performed. The revised language is intended to
match the model language from California Department of Water
Resources for Higher Standards.
Title 9 (Fire Code) Amendments
e. NBMC Section 9.04.190 would require emergency responder radio
coverage in new buildings. Approved in -building, two-way emergency
responder communication coverage for emergency responders shall be
provided in all new buildings. The emergency responder radio coverage
system shall comply with the requirements of the Orange County
Sheriff's Department, Communications and Technology Division. This is
to ensure the system is reviewed and approved by the Federal
Communications Commission's (FCC's) authorized review authority.
f. NBMC Section 9.07 adopted and amended the new California Wildland-
Urban Interface Code. This code relocates previously existing building
standards or amendments applicable to structures in wildland-urban
interface areas from the 2022 California Building Code, 2022 California
Fire Code, and the 2022 California Residential Code into the 2025
California Wildland-Urban Interface Code. This code is instrumental in
ensuring fire safety for properties located in the new fire hazard severity
zones shown on the attached Map of Local Responsibility Area Fire
Hazard Severity Zone (Attachment H) that was adopted by the City
Council on August 26, 2025 per Ordinance 2025-11.
Community Outreach
On August 12, 2025, staff held a community workshop to gain input on the proposed
draft ordinance and amendments. Approximately 45 members of the public and
design community attended. Copies of the draft building and fire code amendment
ordinances were provided, and the workshop was positively received by the
attendees. Though no further revisions were requested, several participants
requested future City -sponsored seminars to address various code subjects such as
exiting and accessibility.
21-4
Adoption of the 2025 California Building Standards Codes with Local Amendments
and the 2025 California Fire Code with Local Amendments
September 9, 2025
Page 5
Building and Fire Board of Appeals
On August 19, 2025, the Building and Fire Board of Appeals (Board) convened with
four members of the Board in attendance. Staff presented the proposed draft
amendments. The Board supported the code amendments as presented.
FISCAL IMPACT:
There is no direct fiscal impact related to the City for this action.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action proposed herein is not a project subject
to the California Environmental Quality Act ("CEQA) in accordance with Section 21065 of
the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378
of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA
Guidelines") because the code amendment will not result in a reasonably foreseeable
physical change to the environment. Additionally, the code amendment is exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This code amendment itself does not authorize development that would
directly result in physical change to the environment.
NOTICING:
Notice of this hearing was published in the Daily Pilot at least 10 days in advance of this
hearing. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
ATTACHMENTS:
Attachment A
— Resolution No. 2025-58: Adopting Findings to the Amendments to the
California Building Standards Code and Other Related Codes
Attachment B
— Ordinance No. 2025-23: Adopting the California Building Standards
Code and Other Related Codes
Attachment C
— Redline of California Building Standards Code Amendments
Attachment D
— Resolution No. 2025-59: Adopting Findings to the Amendments to
the California Fire Code
Attachment E
— Ordinance No. 2025-24: Adopting the California Fire Code
Attachment F —
Ordinance No. 2025-25: Adopting the California Wildland-Urban
Interface Code
Attachment G
— Redline of California Fire Code Amendments
Attachment H
— Map of Local Responsibility Area Fire Hazard Severity Zones
21-5
Attachment A
Resolution - Adopting Findings to the Amendments to the California Building Standards
Code and Other Related Codes
21-6
RESOLUTION NO. 2025- 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE,
THE CALIFORNIA BUILDING CODE, THE CALIFORNIA
RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL
CODE, THE CALIFORNIA MECHANICAL CODE, THE
CALIFORNIA PLUMBING CODE AND THE
INTERNATIONAL SWIMMING POOL AND SPA CODE AS
REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same, modified, or
changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2025 California Building Code
based on the 2024 International Building Code of the International Code Council, the
2025 California Residential Code based on the 2024 International Residential Code, the
2025 California Green Building Standards Code, the 2025 California Plumbing Code
based on the 2024 Uniform Plumbing Code of the International Association of Plumbing
and Mechanical Officials, the 2025 California Mechanical Code based on the 2024
Uniform Mechanical Code of the International Association of Plumbing and Mechanical
Officials and the 2025 California Electrical Code based on the 2023 National Electrical
Code of the National Fire Protection Association, the 2025 California Energy Code, the
2025 Historical Code, and the 2025 Existing Building Code (hereinafter referred to
collectively as ("Codes");
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of
local, climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to Health and Safety Code Section
17958.5 make express findings that such changes or modifications are needed due to
local climatic, geographic, or topographic conditions;
21-7
Resolution No. 2025-
Page 2 of 11
WHEREAS, the Building Official has recommended that changes and
modifications be made to the Codes and has advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in the
City and has further advised that the remainder of said changes and modifications are
administrative or procedural in nature; and
WHEREAS, a copy of this resolution together with the ordinance adopting the
City Codes shall be filed with the California Building Standards Commission and the
California Department of Housing and Community Development by the City Clerk of the
City as required by state law.
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the following changes and
modifications to the 2024 Edition of the International Property Maintenance Code and
International Swimming Pool and Spa Code, and the 2025 edition of the California
Building Code, California Residential Code, California Electrical Code, California
Mechanical Code, and California Plumbing Code, and as recommended by the Building
Official, and finds that the changes are necessary due to local climatic, geographic or
topographic conditions:
INTERNATIONAL PROPERTY
MAINTENANCE CODE SECTION
JUSTIFICATION/EXPRESS FINDINGS
Chapter 1
p
Reference to Newport Beach Admin.
Code
302.4 (Weeds)
Reference to Newport Beach Admin.
Code
303.2 (Enclosures)
Make consistent with the California
Building Code
CALIFORNIA BUILDING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
903.2 (Where Required)
c, d, e
903.2.8 (Group R)
a, c, d, e
21-8
Resolution No. 2025-
Page 3 of 11
Comply with AB2221 and SB897
amendment to Gov. Code 65852.2
903.2.8 Item 2 Exceptions #1 and #2
(a)(1)(D)(xii) and
65852.2(e)(3)
Table 1505.1 (Minimum Roof Covering
Classification for Types of Construction)
d, e, f
1505.1.2 Roof coverings within all other areas
d, e, f
other than Fire Hazard Severity Zones or a
Wildland-Urban Interface WUI
1612.3 (Establishment of Flood Hazard Areas)
i, j
1704.2.1 (Special Inspector Qualifications)
g, h, i
CALIFORNIA RESIDENTIAL
CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b, h, i
R301.1.1.1 (Deletion of Section R301.1.1.1.)
e, f, g, h, i, j
R301.1.3 — R301.1.3.3 (Engineered Design,
a, b, d, c, g, h, i, j
California Licensed Architect or Engineer, Wood
Frame Structures Greater than Two -Stories, and
Structures other than Wood Frame)
R301.2 (Table R301.2)
g, h, j
Table R301.2 (Footnote g)
j
R301.2.4 — R301.2.4.1 (Floodplain
h, i, j
Construction & Alternate provisions)
R317.3 (Flood Hazard Areas)
i, j
R309 (Replaced with CBC 903.2.8)
a, b, c, e, i
R308.1(Address Identification)
k, I
R306 (Adding Floodplain Management
h, i, j
Ordinance)
I, Additional reference to California
R341 (Sound Transmission)
Building Code
21-9
Resolution No. 2025-
Page 4 of 11
R401.4 (Geotechnical Investigations)
a, b, c, g, h, i, j, Additional reference
to California Building Code
R405.1 (Basement Wall Drainage)
i, j
R902 (Roof Classification)
d, e, f, Additional reference to
California Building Code
CALIFORNIA ELECTRICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R358.10(A) (EMT — Uses Permitted)
i, j
R358.10B (EMT — Uses Permitted)
i, j
CALIFORNIA MECHANICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
CALIFORNIA PLUMBING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
INTERNATIONAL SWIMMING POOL AND
SPA CODE SECTION
JUSTIFICATION/EXPRESS FINDINGS
101.1 (Title)
Administrative change by Chartered
City
21-10
Resolution No. 2025-
Page 5 of 11
Administrative change by Chartered
101.2 (Scope)
City
Administrative change byChartered
102 through 114 (Delete Sections)
City
Make consistent with the California
201.3 (Terms Defined in other Codes)
Codes
Make consistent with California
202 (Definitions)
Swimming Pool Safety Act
301.1 (Scope, Application of Chapters 7 through
n
10, and Conflicts
m, Make consistent with the
302.1 (Electrical)
California Codes
Make consistent with the California
302.2 (Water Service and Drainage)
Codes
Make consistent with the California
302.5 (Backflow protection)
Codes
Make consistent with the California
302.6 (Wastewater discharge)
Codes
303.1 (Energy Consumption of Pools and
Make consistent with the California
Permanent Spas)
Codes
Make consistent with the California
303.1.1 through 303.3 (Deleted)
Codes
304.2 (Floodplain Construction)
i, j
305.1 (General)
n, Administrative change by Chartered
City
m, Administrative change by
305.2 (Swimming Pools and Spa)
Chartered City
Make consistent with California
305.2.1 Item 1 (Barrier height and clearance)
Swimming Pool Safety Act
21-11
Resolution No. 2025-
Page 6 of 11
Administrative change by Chartered
305.2.4.1 (Deleted)
City
Administrative change by Chartered
305.2.5 (Deleted)
City
Make consistent with California
305.3.3 (Latch release)
Swimming Pool Safety Act
Make consistent with the California
305.4 (Exception to Count Barrier as Drowning
Building Code
Prevention Safety Feature)
Make consistent with California
305.5 Items 1 and 2 (Pool Structure as a
Swimming Pool Safety Act
Barrier)
Additional reference to California
306.1 (General)
Codes
306.4 (Deck Steps Handrail Required)
n
Table 306.5 (Minimum Drainage Slopes for
Make consistent with the California
Deck Surfaces)
Building Code
Additional reference to California
306.9.1 (Hose Bibbs)
Codes
Additional reference to California
307.1.1 (Glazing in Hazardous Locations)
Codes
Additional reference to California
307.1.4 (Roofs or Canopies)
Codes
Additional reference to California
307.1.5 (Accessibility)
Codes
Additional reference to California
307.2.2 (Materials and Structural Design)
Codes
n, Administrative change by
311.1 (Exception #2)
Chartered City
Additional reference to California
317.4 (Installation)
Codes
21-12
Resolution No. 2025-
Page 7 of 11
Additional reference to California
317.6.1 (Installation)
Codes
Additional reference to California
319.2 (Protection of Potable Water Supply)
Codes
j, Administrative change by
321.1 (Backwash Water or Draining Water)
Chartered City
Administrative change by Chartered
321.2 and 321.3 (Deleted)
City
322 (General, Residential Pool and Deck
Additional reference to California
Illumination)
Codes
Chapter 4 (Deleted)
n
Chapter 5 (Deleted)
n
Chapter 6 (Deleted)
n
Additional reference to California
703.1 (General)
Codes
802.1 (Materials of Components and
Additional reference to California
Accessories)
Codes
Additional reference to California
802.2 (Structural Design)
Codes
Administrative change by Chartered
901.2 (General)
City
Administrative change by Chartered
903 (Added Section)
City
Administrative change by Chartered
904 (Added Section)
City
Administrative change by Chartered
905 (Added Section)
City
Administrative change by Chartered
906 (Added Section)
City
21-13
Resolution No. 2025-
Page 8 of 11
907 (Added Section) Administrative change by Chartered
City
a. The City of Newport Beach ("City") is located in an area subject to a climatic
condition of high winds. This environment is conducive to rapidly spreading fires.
Control of such fires requires a rapid response. Obstacles generated by a strong
wind, such as fallen trees, street lights and utility poles, and the requirement to
climb up flights of stairs will greatly impact the response time to reach an incident
scene. Additionally, the amount of wind force at 60 ft. above the ground puts
rescue personnel at increased risk of injury when they are using aerial -type
firefighting apparatus above this height.
b. The City is located in a seismically active area. The public water system may be
damaged after a major seismic event. This would leave tall buildings vulnerable
to uncontrolled fires due to a lack of available water and an inability to pump
sufficient quantities of available water. A severe seismic event has the potential to
negatively impact any rescue or fire suppression activities because it is likely to
create obstacles similar to those indicated under the high wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with
reduced fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
e. The City, especially the foothill areas, is geographically located in an area
periodically subject to high temperature dry Santa Ana wind conditions of high
velocity. Moreover, the topographical conditions of the foothill areas and canyons
contained therein tend to accelerate the periodic high velocity winds by means of
a venturi effect. The use of non -rated or special purpose roofing materials as roof
coverings within the City of Newport Beach may create an inordinate fire hazard
during periods of high velocity winds when fire may spread across buildings with
roof coverings of non -rated combustible materials.
f. Embers from chimneys without spark arresters within the City, including the foothill
areas, coupled with the climatic, topographic and geographic conditions described
herein above, may permit the throwing of sparks, embers and cinders upon non-
rated and special purpose roofing material roofs during periods of high velocity
winds, thereby creating a fire hazard which in turn may spread throughout areas
where the roofs of structures are covered with wood shakes and shingles.
21-14
Resolution No. 2025-
Page 9 of 11
g. The City is subject to seismic activity which may result in damage to existing
structures that do not comply with current code. Repair of earthquake damage
according to California Existing Building Code requires upgrading the existing
building to a standard higher than that to which it was built, which creates a
financial hardship for the building owner to repair an earthquake -damaged
structure or strengthen it prior to a seismic event. The California Existing Building
Code provides a reasonable performance standard for strengthening and repair
of structures. The Federal Emergency Management Agency ("FEMA") requires
adoption of performance standards for the repair of damaged structures as a
condition of financial assistance after disasters.
h. The City is located in a seismically active area. There are earthquake faults that
run along both the northeastern and southwestern boundaries of Orange County.
The Newport -Inglewood Fault Zone (NIFZ) which runs through Orange County
was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude,
hypocenter off Newport Beach coast), which took 120 lives, with areas damaged
from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of
the greatest hazards to lives and property in the nation. Regional planning for
reoccurrence is recommended by the State of California, Department of
Conservation. There was also an earthquake in December 1989, with the
epicenter located near the City of Irvine. The fault on which this quake occurred
was unknown prior to this activity. The City of Newport Beach contains coastal
bluffs and hilly areas subject to landslides, earth induced landslides and it has
coastal areas subject to flooding and liquefaction.
The City has coastal and bay front areas with sandy soils and a shallow water
table at the same elevation as bay water elevation which fluctuates with the tide.
Sandy soils and high ground water level may cause the soils to liquefy during a
seismic event.
The City contains low lying coastal areas subject to flooding from sustained rain
with tides which hinder drainage to the bay. Certain other areas such as Balboa
Island are subject to water surges from drainage through back bay. Other
oceanfront areas are subject to flooding from storm -driven high waves which run
up and overtop coastal beach berms. West Newport Beach is subject to flooding
from the Santa Ana River and storm events with tides. The City of Newport Beach
participates in the National Flood Insurance Program (NFIP) and has adopted a
FEMA-required flood management ordinance with flood mitigation measures
including construction requirements contained in Newport Beach Municipal Code
Chapter 15.50.
k. Newport Beach is located in Southern California and can be subject to air
pollution, water and power shortages, climate change, and potential pollution of
bay water.
Due to the geographic conditions of widespread development separated by
21-15
Resolution No. 2025-
Page 10 of 11
waterways and the street congestion caused by local geography.
M. The City is a Charter City, therefore, topographical, geographical and climatic
conditions are not required to amend the administrative provisions within the code.
n. The City does not have jurisdiction over Public Pools. The enforcing agencies for
Public Pools are the California Department of Public Health and the local health
agency, County of Orange Health Care Agency, per Health and Safety Code
Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the
California Building Code.
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
21-16
Resolution No. 2025-
Page 11 of 11
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of September 2025.
Joe Stapleton
Mayor
ATTEST:
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
21-17
Attachment B
Draft Ordinance - Adopting the California Building Standards Code and Other
Related Codes
21-18
ORDINANCE NO. 2025-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 15
(BUILDING AND CONSTRUCTION) OF THE NEWPORT
BEACH MUNICIPAL CODE TO ADOPT CHAPTER 1,
DIVISION II, OF THE 2025 EDITION OF THE CALIFORNIA
BUILDING CODE; THE 2024 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE
AND SWIMMING POOL AND SPA CODE; THE 2025
EDITION OF THE CALIFORNIA BUILDING CODE,
RESIDENTIAL CODE, ELECTRICAL CODE,
MECHANICAL CODE, PLUMBING CODE, GREEN
BUILDING STANDARDS CODE, HISTORICAL CODE,
EXISTING BUILDING CODE, AND ENERGY CODE; AND
TO AMEND PORTIONS OF CHAPTER 15.50
(FLOODPLAIN MANAGEMENT), WITH LOCAL
AMENDMENTS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or
act pursuant to any and all rights, powers, and privileges or procedures granted or
prescribed by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption
of new model codes relating to design and construction for the protection of life and
property;
WHEREAS, the 2025 Edition of the California Building Standards Code ("CBC")
is based on the 2024 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, 2026. To include our local
amendments and enhance life safety and property protection, the City must complete its
adoption process thirty (30) days prior to January 1, 2026. The adoption of the code into
the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of
the codes by City Building Official and Fire Code Official;
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WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate
differences caused by local topographical, geographical, and climatic conditions. In
accordance with California Health and Safety Code Section 17958.7, any modifications
made via local ordinance must be filed, along with the findings thereto, with the BSC.
These local changes will be incorporated into Title 15 (Buildings and Construction) of the
NBMC;
WHEREAS, to aid in efficiency and clarity, portions of Title 15 (Buildings and
Construction) are amended in their entirety as indicated in this ordinance and replaced
with each of these modifications to the CBC that are correlated with the findings in
Resolution No. 2025-58 adopted by the City Council of the City on September 9, 2025.
When approved, the ordinance and accompanying resolution will be forwarded to the
BSC in compliance with the above mentioned code sections;
WHEREAS, all prior references to the former Newport Beach Administrative
Code shall be construed to apply to the corresponding provisions of the Newport Beach
Administrative Code contained herein;
WHEREAS, the City participates in the National Flood Insurance Program
("NFIP") with Federal Emergency Management Agency to reduce flooding from storm
events and wave run-up by retention and/or percolation;
WHEREAS, the City makes efforts to improve water quality of Newport Bay, and
Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray,
roof drains, patio and deck drains, and natural watercourses, which then convey
pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline,
hydrocarbons, brake dust, tire residue and other pollutants into surface waters;
WHEREAS, the City reviewed the grading and drainage requirements from the
Federal Emergency Management Agency with NBMC Section 15.10.120 to ensure
consistency and continued compliance with the NFIP; and
WHEREAS, the 2025 CBC is similar to the 2022 version; the attached ordinance
contains similar provisions as adopted by the City Council in 2022. Staff has taken the
opportunity to review existing amendments in detail and some modifications are
recommended. All the changes or modifications are substantially equivalent to changes
or modifications that were previously filed by the City and were in effect as of September
30, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
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Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Reserved.
15.02.040
Amendment to Section 101.4.4.
15.02.050
Amendment to Section 102.6.
15.02.060
Addition of Section 102.7.
15.02.070
Amendment to Section 103.1.
15.02.080
Amendment to Section 105.2.
15.02.085
Addition of Section 105.3.1.1.
15.02.090
Amendment to Section 105.3.2.
15.02.095
Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
15.02.100
Amendment to Section 105.5.
15.02.110
Amendment to Section 109.4.
15.02.120
Addition of Section 117.
Section 15.02.010 Adoption of the Administrative Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1, Division II of the 2025 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 2025 California Building Code printed in code book form shall be
kept on file in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.02.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport
Beach Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Reserved.
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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 2024
International Property Maintenance Code shall be adopted as the
Newport Beach Property Maintenance Code and shall apply to existing
structures and premises; equipment and facilities; light, ventilation, space
heating, sanitation, life and fire safety hazards; responsibilities of owners,
operators and occupants; and occupancy of existing premises and
structures.
Section 15.02.050 Amendment to Section 102.6.
Section 102.6 is amended to read as follows:
Section 102.6 Existing Structures. The legal occupancy of any
structure existing on the date of adoption of this code shall be permitted
to continue without change, except as otherwise specifically provided in
this code, the California Existing Building Code, the International Property
Maintenance Code, California Building Code, the California Residential
Code, or the California Fire Code, or as deemed necessary by the
Building Official.
Section 15.02.060 Addition of 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 fifty (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
$350,000.
2. The 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
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maintained.
3. This provision shall not apply to projects that meet the criteria set forth
in Newport Beach Municipal Code Section 20.38.060(A)(3) and are
not located in a Special Flood Hazard Area per the latest revision of
the Federal Insurance Rate Map.
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
Building Official. The function of the agency shall be the implementation,
administration, and enforcement of the provisions of this code.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1,066.8 mm) high
above lowest adjacent grade and not within 3 feet of the property
line, and all other fences not over 6 feet (1,828.8 mm) in height
above lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group
R- 3 occupancy, or water features, containing less than 18 inches of
water depth, do not exceed 5,000 gallons and are installed entirely
above ground; unless otherwise required by other provisions of the
code.
Section 15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and Demolition Waste Permits. Prior
to issuance of a building permit for construction having a valuation over
$100,000 or a demolition permit for complete demolition of a structure,
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the permittee shall certify that a City franchised solid waste hauler shall
be used for the handling, removal and disposal of all construction and
demolition waste. A permit deposit and fees, set by resolution of the City
Council, shall be paid at the time of submitting the building or demolition
permit application and the Construction and Demolition Waste
Certification and Deposit Form. Said deposit shall be returned to the
permittee at the conclusion of the construction or demolition project, upon
the submittal of documentation that a franchised solid waste hauler was
used to handle, remove and dispose of all construction and demolition
waste. Claims for refund of the permit deposit, that qualify, must be six
(6) months from the date the permit receives a final status from the
Building Division. The permit deposit shall be forfeited in its entirety if the
identified franchised solid waste hauler is not used to handle, remove and
dispose of all construction and demolition waste or a request for refund is
not submitted within the time set forth herein.
If the Building Official finds that the work described in an application for a
building or demolition permit and the plans, specifications and other data
filed therewith conform to the requirements of this code and the technical
codes and other pertinent laws and ordinances, and that the fees
specified in Section 109 have been paid and that a franchised solid waste
hauler is being used, the Building Official shall issue a permit therefor to
the applicant. Prior to any construction or demolition activities authorized
by the permit, the permittee shall notify the Community Development
Department's Code Enforcement Division no less than twenty-four (24)
hours or more than seventy-two (72) hours in advance of its intent to
commence construction or demolition and provide the name of the
franchised solid waste hauler that will haul and dispose of the construction
and demolition waste. Any hauling or disposal of demolition and
construction waste by other than the identified franchised solid waste
hauler shall subject the project to suspension of work as authorized in this
Code and subject the deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building
Official, the Building Official may extend the deadlines set forth in this
section.
Section 15.02.090 Amendment to Section 105.3.2.
Section 105.3.2 is amended to read as follows:
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Section 105.3.2 Time Limitation of Application. An application for a
permit for any proposed work shall be deemed to have been abandoned
one hundred eighty (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 Building Official is authorized to grant one or more
extensions of time for additional periods not exceeding one hundred
eighty (180) days each. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time Limit on Permitted Construction.
For any one -unit or two -unit dwelling for which a tentative and final tract
map is not required, the maximum allowable time to complete
construction for any work that requires a building permit including, but not
limited to, any construction, reconstruction, rehabilitation, renovation,
addition(s), modification(s), improvement(s), or alteration(s), shall be
limited to three (3) years, unless an extension is granted in accordance
with Section 105.3.4.
The time limit to complete construction shall begin on the date of issuance
of the first or original building permit.
Final inspection and approval of the construction work by the City shall
mark the date of construction completion for purposes of Section
15.02.095. Time limits set forth herein shall not be extended by issuance
of a subsequent building permit(s) for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of Time Limit to Complete Construction.
The maximum allowable time to complete construction, as set forth in
Section 105.3.3, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may
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request an extension by filing with the Building Official, in writing
and on a form provided by the Building Official, an application for
extension which sets forth: (i) the address of the project site; (ii)
the name of the applicant and property owner; (iii) when the first
or original building permit was issued; (iv) the length of time
extension requested, which shall not be greater than one
hundred eighty (180) calendar days; (v) how many previous
extensions have been granted; (vi) criteria that establish the
cause(s) of delay and the reason for the extension request; (vii)
a comprehensive completion schedule; (viii) a brief description of
the improvements that are the subject of the application; (ix) past
complaints and enforcement history; and (x) any other
information requested by the City.
b) Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit. The application for extension to the Building Official shall
be accompanied by a fee adopted by resolution of the City
Council.
c) Within forty-five (45) days of a request for extension, the Building
Official may ministerially grant, conditionally grant or deny a
request for extension for a period not to exceed one hundred
eighty (180) calendar days with a maximum of two extensions
being granted by the Building Official under this subsection. The
Building Official shall only grant an extension if he/she
determines adequate progress has been made towards
completion of construction and the request for extension is
necessary for its completion. The decision of the Building Official
shall be final and non -appealable.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the
timeframe authorized by the Building Official, a property owner,
or authorized agent of the property owner, may request an
additional extension by filing with the City Clerk, in writing and on
a form provided by the City Clerk, an application for extension
which sets forth: (i) the address of the project site; (ii) the name
of the applicant and property owner; (iii) when the first or original
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building permit was issued; (iv) the length of time extension
requested, which shall not be greater than one hundred eighty
(180) calendar days; (v) how many previous extensions have
been granted; (vi) criteria that establishes the cause(s) of delay
and the reason for the extension request; (vii) a comprehensive
completion schedule; (viii) a brief description of the
improvements that are the subject of the application; (ix) past
complaints and enforcement history; and (x) any other
information requested by the City.
b) Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit.
c) An application for extension filed with the City Clerk shall be
accompanied by a hearing and noticing fee adopted by resolution
of the City Council.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in
subsection 2, a Hearing Officer, designated by the City Manager,
shall hear and decide whether a third application for extension,
or fourth application for extension, shall be granted, conditionally
granted, or denied. The City Council shall hear and decide
whether any additional application for extension, beyond four
total extensions, shall be granted, conditionally granted or
denied. The applicable hearing body shall be referred to herein
as the "review authority."
b) For any application for extension to be heard by a Hearing
Officer, the City Manager shall appoint a Hearing Officer with the
requisite qualifications and experience to consider the application
for extension. The Hearing Officer shall not be a City employee
and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be
conditioned, either directly or indirectly, upon the outcome of any
decision by the Hearing Officer.
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Within seven (7) calendar days of the City Clerk's receipt of an
application for extension, the City Manager or his/her designee
shall notify the applicant of the name of the Hearing Officer in
accordance with Section 1.08.080. If the applicant wishes to
challenge the designated Hearing Officer, the applicant shall
have seven (7) calendar days from the date of service of the
notice to submit to the City Manager a request, in writing, to
disqualify the Hearing Officer, which sets forth the basis for
disqualification. A Hearing Officer may only be disqualified for: (i)
bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for
which a judge may be disqualified after a showing of good cause
under the laws of the State of California.
The City Manager will review any request for disqualification and
decide as to whether a Hearing Officer shall be disqualified. The
City Manager's decision shall be final. If the City Manager
disqualifies a Hearing Officer, the City Manager shall designate
a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the
hearing of the application, in accordance with Section 1.08.080,
at least ten (10) calendar days prior to the date of the hearing. All
hearings on an application to be heard by the review authority
shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of
the project site that is the subject of the application, at least
ten (10) calendar days in advance of the hearing. The notice
shall contain: the address of the project site; the length of time
extension requested; the new end project date if the
application is approved; the name of the applicant and
property owner; a brief description of the improvements; the
date, time, and place of the hearing, and a statement
informing the person they have the ability to attend the
hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject
of the application, at least ten (10) calendar days before the
scheduled hearing. The size, location and number of sign(s)
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shall be posted as determined by the City Manager. The
applicant shall be responsible for maintaining the sign(s) in a
satisfactory condition and shall remove all sign(s) within
twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in
compliance with this subsection shall not invalidate the
actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which
notice was given.
b) The review authority shall only consider evidence and testimony,
presented by the applicant or any other interested person,
relevant to whether: (i) special circumstances warrant an
extension of time; (ii) the failure to meet the time limit was caused
by circumstances beyond the property owner's, applicant's or
their contractor's control; and (iii) any approval should contain
conditions to ensure timely completion of the project in a manner
that limits impacts on surrounding property owners. Any
documents submitted by City staff shall constitute prima facie
evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a
one hundred and eighty (180) calendar day extension, per
application for extension, if it finds special circumstances warrant
an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's,
applicant's or their contractor's control. If the review authority
makes the findings to grant an extension, the review authority
shall consider whether conditions are necessary to ensure timely
completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the
application if it cannot make the findings set forth in this
subsection.
d) A hearing may be continued without further notice, provided the
Hearing Officer or chair of the review authority announces the
date, time, and place to which the hearing will be continued
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before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and
defer its action on a final decision until appropriate findings
and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth
its findings, and the decision shall be final and effective on the
date the decision is made, unless otherwise specified by the
review authority. The review authority shall provide the City Clerk
with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision
to the applicant within ten (10) calendar days of receipt of the
final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a
building permit or extending a building permit if the extension is a term
of an enforceable settlement agreement between the City and the
property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City
body. A person shall not seek judicial review related to any application
for extension until the person has first exhausted all administrative
procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction
and shall not relieve any person or entity from complying with any other
applicable provision of federal, state or local law including, but not
limited to, construction related laws adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
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Section 105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced
within one hundred eighty (180) days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a
period of one hundred eighty (180) days after the date of the last recorded
inspection. Before such work can be recommenced, the permit shall be
first reissued, and the permittee shall pay a new permit fee. Except for
instances where permits for suspended or abandoned work have had
previous inspections 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 (1) or more
extensions of time, for periods not more than one hundred eighty (180)
days each. The extension shall be requested minimum fifteen (15) days
prior to the permit expiration in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work Commencing Before Permit Issuance. Any
person who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits
shall be subject to an investigation fee in addition to the required permit
fees. The investigation fee shall be collected whether or not a permit is
then or subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required in the City Council fee resolution. The
payment of such investigation fee shall not exempt an applicant from
compliance with all applicable provisions of either the codes or referenced
standards or the technical codes nor from the penalty prescribed by law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of Entire Structure.
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Section 117.1 Notification. When an entire structure is to be
demolished, notification by certified mail to adjacent owners is required at
least thirty (30) days before demolition commences. Proof of notification
is required prior to permit issuance. Unless determined otherwise by the
Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the
Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
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, 109.1, 109.1.4,
109.4, 109.7 and 109.8.
15.03.030 Amendment to Section 101.1.
15.03.040 Amendment to Section 102.3.
15.03.045 Amendment to Section 302.4.
15.03.050 Amendment to Section 303.2.
Section 15.03.010 Adoption of the International Property Maintenance Code.
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 2024 International Property Maintenance Code, as published by the International
Code Council.
The various parts of this code, along with the amendments and deletions adopted in this
section, shall constitute and be known as the "Newport Beach Property Maintenance
Code." A copy of the 2024 International Property Maintenance Code shall be kept on file
in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.03.020 Deletion of Chapter 1, Except Sections 101, 102, 109.1, 109.1.4,
109.4, 109.7, and 109.8.
Section 15.03.020. Chapter 1 of the Property Maintenance Code is
deleted, except Sections 101, 102, 109.1, 109.1.4, 109.4, 109.7, and
109.8.
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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 Municipal Code.
Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. Premises and exterior property shall be
maintained free from weeds or plant growth that create a fire hazard or
are overgrown in a way that they obstruct the right of way, block visibility
of pedestrians and drivers, or harbor rats, vermin, or insects. Noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual
plants, and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers and gardens. Upon failure of the
owner of agent having charge of a property to cut and destroy weeds after
service of a notice of violation, they shall be subject to prosecution in
accordance with California Building Code Section 114.3 and as
prescribed by the authority having jurisdiction.
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas
or water features containing more than eighteen (18) inches of water
depth shall comply with section 305.2 of the Newport Beach Residential
Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach
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Building Code. No existing pool enclosure shall be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010 Adoption of the California Building Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Reserved.
15.04.040
Reserved.
15.04.050
Reserved.
15.04.060
Reserved.
15.04.070
Reserved.
15.04.080
Amendment to Section 903.2.
15.04.090
Amendment to Section 903.2.8.
15.04.100
Reserved.
15.04.110
Amendment to Table 1505.1.
15.04.120
Amendment to Section 1505.1.2.
15.04.130
Amendment to section 1612.3.
15.04.140
Amendment to Section 1704.2.1.
15.04.150
Reserved.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Building Code, Volumes 1 and 2, including
Appendix I, and all national codes and standards referenced therein, based on the 2024
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 2025 California Building Code Volumes 1 and 2, printed in
code book form, shall be kept on file in the office of the Building Official pursuant to Health
and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.04.020 Amendment to Section 105.2.
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Ordinance No. 2025-
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Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high
above lowest adjacent grade and not within three (3) feet of the
property line, and all other fences not over six (6) feet (1,828.8 mm)
in height above lowest adjacent grade except when used as a pool
barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group
R- 3 occupancy, or water features, containing less than eighteen
(18) inches of water depth, do not exceed five thousand (5,000)
gallons and are installed entirely above ground, unless otherwise
required by other provisions of the code.
Section 15.04.030 Reserved.
Section 15.04.040 Reserved.
Section 15.04.050 Reserved.
Section 15.04.060 Reserved.
Section 15.04.070 Reserved.
Section 15.04.080 Amendment to Section 903.2.
Section 903.2 is amended to read as follows:
Section 903.2 Where Required. Approved automatic sprinkler systems
in new buildings and structures shall be provided in the following
locations:
1. New Buildings: Notwithstanding any applicable provisions of
Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing
system shall be installed in all occupancies when the total building
area exceeds five thousand (5,000) square feet (465 m2), unless more
restrictive requirements are required by other provisions of this code.
21-35
Ordinance No. 2025-
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Exceptions:
1. Group R occupancies. Group R occupancies shall comply with
Section 903.2.8.
2. Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided
that those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with Section
907.2 and are separated from the remainder of the building by not
less than one (1) hour fire barriers constructed in accordance with
Section 707 or not less than two (2) hours horizontal assemblies
constructed in accordance with Section 711, or both.
2. Existing Buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when any of the following conditions exists:
a) When an addition is fifty (50) percent or more of the existing building
area and the resulting building area exceeds five thousand (5,000)
square feet (465 m2),
b) When an addition is added, and the existing building is already
provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of
this code.
d) Where a tenant space in an existing building is required to be
sprinklered due to the nature of occupancy use, the entire building
shall be sprinklered unless other provisions of the code(s) are
applied to create distinct separated buildings, subject to the fire
code official and Building Official approval.
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
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Section 903.2.8 is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing Buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a) When the total area of addition and reconstruction exceeds 2,000
sq.ft. and exceeds fifty (50) percent of the area of the existing
structure.
b) An addition when the existing building is already provided with
automatic fire sprinkler system.
c) As determined for new construction per Section 102.7.
Exceptions:
1. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing primary
dwelling.
2. The installation of fire sprinklers shall not be required in an
accessory dwelling unit if sprinklers are not required for the primary
residence. The construction of an accessory dwelling unit shall not
trigger a requirement for fire sprinklers to be installed in the existing
multifamily dwelling.
The Building Official may approve alternative methods and
materials when an equivalent or greater level of Fire protection is
achieved, subject to the fire code official approval.
Section 15.04.100 Reserved.
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Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTIONa
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
allniess otherwise required in accordance with the California Wildland-Urban Interface
Code or due to the location of the building within a fire district in accordance with
Appendix D.
Section 15.04.120 Amendment to Section 1505.1.2. Section 1505.1.2 is amended to
read as follows:
Section 1505.1.2 Roof coverings within all other areas other than
Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The
entire roof covering of every existing structure where more than fifty (50)
percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied
in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire -retardant roof covering that is at least Class C fire
classification.
Section 15.04.130 Amendment to Section 1612.3.
Section 1612.3 first paragraph is amended to read as follows:
Section 1612.3 Establishment of the Flood Hazard Areas. To establish
flood hazard areas, the applicable governing authority shall adopt a flood
hazard map and supporting data. The flood hazard map shall include, at
a minimum, areas of special flood hazard as identified by the Federal
Emergency Management Agency in an engineering report entitled "The
Flood Insurance Study for Newport Beach," dated March 21, 2019, as
amended or revised with the accompanying Flood Insurance Rate Map
(FIRM) and Flood Boundary and Floodway Map (FBFM) and related
supporting data along with any revisions thereto. The adopted flood hazard
map and supporting data are hereby adopted by reference and declared
21-38
Ordinance No. 2025-
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to be part of this section.
Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special Inspector Qualifications. The special
inspector shall be a qualified person approved by the Building Official 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 Building Official in writing, noting all code violations and
any variations from the approved plans and other information as required
on forms prescribed or approved by the City.
Each person applying for listing/registration as a special inspector for the
City shall possess a valid certification from a certifying agency approved
by the Building Official, as a special inspector for each classification for
which they apply. The Building Official may administer testing procedures
which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City,
shall pay a registration fee as set forth in the resolution adopted by the
City Council, 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 resolution adopted by the City
Council for each classification shall be charged each year thereafter at
which time the special inspector may be subject to re-examination.
The 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 Building Official.
The registered design professional in responsible charge and engineers
of record involved in the design of the project are permitted to act as the
21-39
Ordinance No. 2025-
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approved agency and their personnel are permitted to act as the special
inspector for the work designed by them, provided they are approved by
the Building Official and qualify as special inspectors.
Section 15.04.150 Reserved.
Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.05
RESIDENTIAL
CODE
15.05.010 Adoption of the California Residential Code.
15.05.020 Amendment to Section R101.1.
15.05.030 Reserved.
15.05.040 Deletion of Sections R102 through R114.
15.05.050 Addition of Sections R115.
15.05.060 Deletion of Section R301.1.1.1.
15.05.070 Amendment to Section R301.1.3.
15.05.080 Amendment to Table R301.2.
15.05.090 Amendment to Table R301.2 Footnote g.
15.05.100 Amendment to Section R301.2.4.
15.05.110 Amendment to Section R317.3.
15.05.120 Reserved.
15.05.130 Reserved.
15.05.140 Reserved.
15.05.150 Reserved.
15.05.160 Reserved.
15.05.170 Reserved.
15.05.180 Deletion of Section R309.
15.05.190 Amendment to Section R308.1.
15.05.200 Amendment to Section R306 with the Addition of Newport
Beach Municipal Code Chapter 15.50, Floodplain Management.
15.05.210 Reserved.
15.05.220 Reserved.
15.05.230 Addition to Section R341.
15.05.240 Amendment to Section R401.4
15.05.250 Reserved.
15.05.260 Amendment to Section R405.1.
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Ordinance No. 2025-
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15.05.270 Reserved.
15.05.280 Reserved.
15.05.290 Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Residential Code, including Appendix BF, and
all national codes and standards referenced therein, based on the 2024 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 2025 California Residential Code, printed in code
book form, shall be kept on file in the office of the Building Official pursuant to Health and
Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.05.020 Amendment to Section R101.1.
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential
Code for One- and Two-family Dwellings of Newport Beach and shall be
cited as such and will be referenced to herein as "this code."
Section 15.05.030 Reserved.
Section 15.05.040 Deletion of Sections R102 through R114.
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02
Section 15.05.050 Addition of Sections R115.
Section R115 is added to read as follows:
SECTION R115 — Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as
adopted under section 15.14 of the Newport Beach Municipal Code shall
21-41
Ordinance No. 2025-
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be the applicable code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section 15.05.060 is amended to read as follows:
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered Design. Where a building of otherwise
conventional construction contains structural elements exceeding the
limits of Section R301 or otherwise not conforming to this code, these
elements shall be designed in accordance with accepted engineering
practices. The extent of such design need only demonstrate compliance
of nonconventional elements with other applicable provisions and shall be
compatible with the performance of the conventional framed system.
Engineered design in accordance with the California Building Code is
permitted for buildings and structures and parts thereof, included in the
scope of this code.
R301.1.3.1 California Licensed Architect or Engineer. When any
portion of any structure deviates from substantial compliance with
conventional framing requirements for wood frame construction found in
this code, the 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 California
Business and Professions Code Sections 5537 and 6737.1.
R301.1.3.2 Wood Frame Structures Greater than Two -Stories. The
Building Official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of
wood frame construction of more than two stories in height or having a
basement. Notwithstanding other sections of law, the law establishing
these provisions is found in California Business and Professions Code
Sections 5537 and 6737.1.
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Ordinance No. 2025-
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R301.1.3.3 Structures other than Wood Frame. The Building Official
shall require floor, wall or roof -ceiling structural elements in dwellings
designed of cold formed steel, concrete, and masonry prescribed by this
code to be approved and stamped by a California licensed architect or
engineer. Notwithstanding other sections of law, the law establishing
these provisions is found in California Business and Professions Code
Sections 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Table R301.2 is amended by completing the table to read as follows:
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
WIND
DESIGN
-
------
SEISMIC DESIGN
I SUBJECT TO DAMAGE FROM
ICEBARRIER',
AIR
Spaad'
Topographic
Special
WeatlM�9.
Frost
_
Termite`
SNOW
LOAD'
Windbome
CATEGORY'
INiDERLAYMENT
FLOOD FREEZING
HAZARDS'
MEANANNU
AL7EMW
(,)
effects•
wMrd region'
debris zone'
Rne depth•
REQUIRED"
INDEX'
ZERO
95
NO
NO
NO
D. D, D,, ORE
I NEGLIGIBLE
NA
VERY HEAVY
NO
see eooruo*eq 0
60.7
MANUAL J DESIGN CRITERIA' -- -
Elevation
Altitude
correction
Coincident
Indoor winter
design dry-bulb
Indoor winter design
Outdoor winter design
Heating temperature dif-
factoe
we[ bulb
temperature
d bulb temperature
ry
dry-bulb temperature
fetence
10 FEET
1.0
67
70
70
43
30`-
Indoor summer
Indoor summer
Latitudc
Daily Lange
design relative
design relative
Indoor summer design
Outdoor summer design
�
Cooling temperature dif-
g Pia
humidity
humidity
dry-bulb temperature
dry-bulb temperature
ference
33.606
t2
50
50
75
60
151
Section 15.05.090 Amendment to Table R301.2 Footnote g.
Table R301.2 footnote g is amended to read as follows:
Section Table R301.2 Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management
Agency's Flood Insurance Rate Map (FIRM) dated March 21, 2019; Flood
Insurance Study (FIS Profile) effective date of revision: March 21, 2019;
Community number: 060227-1 Map: 06059; Panels- 264, 267, 268, 269,
286, 288, 289, 377, 381, 382,384, 401, 402, 403, 404, 406 and 408; Suffix
"K"; Initial NFIP map date: March 15,1974-1 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 as established in
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Ordinance No. 2025-
Page 26 of 57
Table R301.2, and substantial improvement and repair of substantial
damage of buildings and structures located in whole or in part in flood
hazard areas, shall be designed and constructed in accordance with
Chapter 15.50, Floodplain Management, and Section R306. Buildings
and structures that are located in more than one flood hazard area,
including A Zones, Coastal A Zones and V Zones, shall comply with the
provisions associated with the most restrictive flood hazard area.
Buildings and structures located in whole or in part in identified floodways
shall be designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate Provisions. As an alternate to the requirements in
Section R306 and 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 R317.3.
Section R317.3 is amended to read as follows:
Section R317.3 Flood Hazard Areas. Garages and carports located in
flood hazard areas as established by Table R301.2, shall be constructed
in accordance with Section 306R306 and Chapter 15.50, Floodplain
Management.
Section 15.05.120 Reserved.
Section 15.05.130 Reserved.
Section 15.05.140 Reserved.
Section 15.05.150 Reserved.
Section 15.05.160 Reserved.
Section 15.05.170 Reserved.
Section 15.05.180 Deletion of Section R309.
Section 15.05.180 is amended to read as follows:
Section R309 is deleted in its entirety and replaced by California Building
Code Section 903.2.8 as amended in Section 15.04.090.
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Ordinance No. 2025-
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Section 15.05.190 Amendment to Section R308.1.
Section R308.1 is amended to read as follows:
Section R308.1 Address Identification. Buildings shall be provided with
approved address identification. The address identification shall be
legible and placed in a position that is visible from the street or road
fronting the property, and alley if adjacent to the property. Address
identification characters shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall
not be spelled out. Each character shall be not less than four (4) inches
(102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).
Where required by the fire code official, address identification shall be
provided in additional approved locations to facilitate emergency
response. Where access is by means of a private road and the building
address cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address
identification shall be maintained.
Section 15.05.200 Amendment to Section R306 with the Addition of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management.
Section 15.05.200 is amended to read as follows:
Section R306 is amended to include Newport Beach Municipal Code
Chapter 15.50, Floodplain Management.
Section 15.05.210 Reserved.
Section 15.05.220 Reserved.
Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling
units including those separating adjacent townhouse units shall provide
air -borne sound insulation for walls and both air -borne and impact sound
insulation for floor -ceiling assemblies per Section 1206 of the 2025
California Building Code, Title 24, Part 2.
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Ordinance No. 2025-
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Section 15.05.240 Amendment to Section R401.4.
Section 15.05.240 is amended to read as follows:
Section R401.4 is deleted in its entirety and replaced by California
Building Code Section 1803 Geotechnical Investigations.
Section 15.05.250 Reserved.
Section 15.05.260 Amendment to Section R405.1.
Section R405.1 is amended by adding Exceptions to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on
well- drained ground or sand -gravel mixture soils according to the
Unified Soil Classification System, Group I Soils, as detailed in Table
R405.1.
2 A foundation drainage system is not permitted for basement walls
extending below high tide of the Newport Bay water elevation.
Section 15.05.270 Reserved.
Section 15.05.280 Reserved.
Section 15.05.290 Amendment to Section R902.
Section 15.05.290 is amended to read as follows:
Section R902 is deleted in its entirety and replaced by California Building
Code Section 1505 as amended in Newport Beach Municipal Code
Sections 15.04.110 through 15.04.120.
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
Chapter 15.06
ELECTRICAL
CODE
21-46
Sections:
Ordinance No. 2025-
Page 29 of 57
15.06.010 Adoption of the California Electrical Code.
15.06.020 Reserved.
15.06.030 Reserved.
15.06.040 Amendment to Article 358.10(A).
15.06.050 Amendment to Article 358.10(B).
Section 15.06.010 Adoption of the California Electrical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Electrical Code based on the 2023 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 2025 California Electrical Code, printed in code book form,
shall be kept on file in the office of the Building Official pursuant to California Health and
Safety Code Section 18942(e)(1) and made available for public inspection. All
administrative provisions including enforcement, permit process, fees, and inspections
for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Reserved.
Section 15.06.030 Reserved.
Section 15.06.040 Amendment to Article 358.10(A).
Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. The use of EMT shall be permitted for
concealed work only.
Section 15.06.050 Amendment to Article 358.10(B)
Article 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and
Fittings. Galvanized steel, stainless steel, and red brass EMT
elbows, couplings, and fittings shall be permitted to be installed
in concrete, or in areas subject to severe corrosive influences
where protected by corrosion protection and judged suitable for
21-47
Ordinance No. 2025-
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the condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum
EMT shall be provided with approved supplementary corrosion
protection where encased in concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
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 2025 Edition of the California Mechanical Code, based on the 2024 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 2025 California Mechanical Code printed in code book
form shall be kept on file in the office of the Building Official pursuant to California Health
and Safety Code Section 18942(e)(1) and made available for public inspection. All
administrative provisions including enforcement, permit process, fees, and inspections
for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Building Official
shall have the authority to grant modifications for individual cases, upon
application of the owner or owner's representative, provided the 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
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Ordinance No. 2025-
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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 Appeals. Appeals of the Building Official decision shall be pursuant to
Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals.
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
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 2025 Edition of the California Plumbing Code, including Appendix Chapters
A and C, based on the 2024 Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the "Newport Beach
Plumbing Code." A copy of the 2025 California Plumbing Code, including Appendix
Chapter A and C, printed in code book form, shall be kept on file in the office of the
Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and
made available for public inspection. All administrative provisions including enforcement,
permit process, fees, and inspections for these chapters are contained in the
Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
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Ordinance No. 2025-
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Section 103.5 Modifications. Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Building Official
shall have the authority to grant modifications for individual cases, upon
application of the owner or owner's representative, provided the Building
Official shall first find that special individual reason makes the strict letter
of this code impractical and the modification is in compliance with the
intent and purpose of this code and that such modification does not lessen
health, accessibility, life and fire safety, or structural requirements. The
details of action granting modifications shall be recorded and entered in
the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 Appeals. Appeals of the Building Official decision shall be
pursuant to Newport Beach Municipal Code Chapter 15.80, Building and
Fire Board of Appeals.
Section 8: Chapter 15.09 (International Swimming Pool and Spa Code) of the
Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.09
INTERNATIONAL SWIMMING POOL AND SPA CODE
15.09.010 Adoption of the International Pool and Spa Code.
15.09.020 Amendment to Section 101.1.
15.09.030 Amendment to Section 101.2.
15.09.040 Deletion of Sections 102 through 114.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment and Addition to Section 202.
15.09.070
Amendment to Section 301.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.1 through 303.3.
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Ordinance No. 2025-
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15.09.140
Deletion and Replacement of Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Rename and Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1 Item 1.
15.09.180
Deletion and rename Section 305.2.4.1.
15.09.190
Deletion and rename Section 305.2.5.
15.09.200
Amendment to Section 305.3.3
15.09.210
Amendment to Section 305.4.
15.09.220
Amendment to Section 305.5 Items 1 and 2.
15.09.230
Amendment to Section 306.1.
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
15.09.280
Amendment to Section 307.1.4.
15.09.290
Amendment to Section 307.1.5.
15.09.300
Amendment to Section 307.2.2.
15.09.305
Amendment to Section 311.1 Exception #2.
15.09.310
Amendment to Section 317.4.
15.09.320
Amendment to Section 317.6.1.
15.09.330
Amendment to Section 319.2.
15.09.340
Amendment to Section 321.1.
15.09.350
Deletion of Sections 321.2 and 321.3.
15.09.360
Amendment to Section 322.
15.09.370
Deletion and rename Chapter 4.
15.09.380
Deletion and rename Chapter 5.
15.09.390
Deletion and rename Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Add Section 903.
15.09.450
Add Section 904.
15.09.460
Add Section 905.
15.09.470
Add Section 906.
15.09.480
Add Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2024 Edition of the International Swimming Pool and Spa Code and all
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national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the "Newport
Beach Residential Swimming Pool and Spa Code." A copy of the 2024 International
Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the
office of the Building Official pursuant to California Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.09.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential
Swimming Pool and Spa Code of Newport Beach and shall be cited as
such and will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, renovation, replacement, repair and
maintenance of residential pools and spas. The pools and spas covered
by this code are either permanent or temporary and shall be only those
that are designed and manufactured to be connected to a circulation
system and that are intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 114.
Section 15.09.040 is amended to read as follows:
Sections 102 through 114 are Deleted in their Entirety. All
administrative provisions including enforcement, permit process, fees,
and inspections for these chapters are contained in the Newport Beach
Municipal Code under Chapter 15.02, Administrative Code.
Section 15.09.050 Amendment to Section 201.3.
Section 201.3 is amended to read as follows:
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Section 201.3 Terms Defined in other Codes. Where terms are not
defined in this code and are defined in the California Building Code,
California Energy Code, California Fire Code, California Mechanical
Code, California Plumbing Code or California Residential Code, such
terms shall have the meanings ascribed to them as in those codes.
Section 15.09.060 Amendment and Addition to Section 202.
Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL
definitions are amended to add PRIVATE POOL and SWIMMING POOL OR SPA
definitions to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any
constructed pool, permanent or portable, that is intended for
noncommercial use as a swimming pool by not more than three owner
families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private
pool.
PRIVATE POOL. See Residential Pool.
SWIMMING POOL OR SPA. Any structure intended for swimming or
recreational bathing that contains water over eighteen (18) inches deep.
"Swimming pool" includes in- ground and aboveground structures and
includes, but is not limited to, hot tubs, spas, portable spas, and
nonportable wading pools.
Section 15.09.070 Amendment to Section 301.
Section 301 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the
general design and construction of residential pools and spas and related
piping, equipment, and materials. Provisions that are unique to a specific
type of residential pool or spa are located in Chapters 7 through 10.
Section 301.1.1 Application of Chapters 7 through 10. Where
difference occur between the provisions of this chapter and the provisions
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of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall
apply.
Section 301.1.2 Conflicts. In the event of a conflict between the
provisions of the Swimming Pool Safety Act, this code, the Newport
Beach, or the Newport Beach Residential Code, the Building Official shall
implement the most restrictive measures cited.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with
California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water Service and Drainage. Piping and fittings used for
water service, makeup and drainage piping for pools and spas shall
comply with the California Plumbing Code. Fittings shall be approved for
installation with the piping installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5 Backflow Protection. Water supplies for pools and spas
shall be protected against backflow in accordance with the California
Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater Discharge. Where wastewater from pools or
spas, such as backwash water from filters discharge to a building
drainage system, the connection shall be through an air gap in
accordance with the California Plumbing Code.
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Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
Section 303.1 Energy Consumption of Pools and Permanent Spas.
The energy consumption of pools and permanent spas shall comply with
the California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Section 15.09.130 is amended to read as follows:
Sections 303.1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Deletion and Replacement of Section 304.2.
Section 304.2 is deleted in its entirety and replaced as follows:
Section 304.2 Floodplain Construction. Pools and spas constructed in
special flood hazard areas shall comply with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management.
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows:
Section 305.1 General. The provisions of this section shall apply to the
design of barriers for restricting the public from entry into areas having
pools and spas.
Section 15.09.160 Rename and Amendment to Section 305.2.
Section 305.2 is renamed and amended to read as follows:
Section 305.2 Swimming Pools and Spas. Pools and spas shall be
surrounded by a permanent barrier that complies with Sections 305.2.1
through the end of Section 305. In addition, two drowning prevention
safety features are required and must comply with Section 3109.2 of the
California Building Code.
Section 15.09.170 Amendment to Section 305.2.1 Item 1.
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Section 305.2.1 Item 1 is amended to read as follows:
1. The top of the barrier shall be not less than sixty (60) inches above
grade where measured on the side of the barrier that faces away from
the pool or spa. Such height shall exist around the entire perimeter of
the barrier and for a distance of three (3) feet measured horizontally
from the outside of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4.1.
Section 305.2.4.1 is deleted in its entirety and renamed to read as follows:
Section 305.2.4.1 Reserved.
Section 15.09.190 Deletion and rename Section 305.2.5
Section 305.2.5 Reserved.
Section 15.09.200 Amendment to Section 305.3.3.
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latch Release. Where the door or gate latch release
mechanism of the self -latching device is located less than sixty (60)
inches from grade, the release mechanism shall be located on the pool
or spa side of the gate not less than three (3) inches below the top of the
gate, and the gate and barrier shall not have openings greater than 1/2
inch within eighteen (18) inches of the release mechanism.
Section 15.09.210 Amendment to Section 305.4.
Section 305.4 is amended to read as follows:
Where a wall of a dwelling or structure serves as part of the barrier and
where doors, gates or windows provide direct access to the pool or spa
through that wall, one of the following shall be required. Any of the items
listed below may be counted as one of the required drowning prevention
safety features, provided they comply with Section 3109.2 of the
California Building Code.
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Section 15.09.220 Amendment to Section 305.5 Items 1 and 2.
Section 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall
is on grade, the top of the wall is not less than sixty (60) inches above
grade for the entire perimeter of the pool, the wall complies with the
requirements of Section 305.2 and the pool manufacturer allows the
wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the
barrier is not less than sixty (60) inches above grade for the entire
perimeter of the pool, and the wall and the barrier on top of the wall
comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks
around pools and spas shall be in accordance with the California
Residential Code or the California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck Steps Handrail Required. Pool and spa deck steps
having three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
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TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Ems` f
Exposed noreoat
Texntred. hand-fini bed concrete
Traveituie brick -set pacers. lniblic pools or spas
Tracertuie brick -set pacers, residential pools or spas
' ;
Wood
.8
Wood plastic composite
For SI: 1 mch = 2.4 mm. 1 foot = 304 S nun
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose Bibbs. Hose bibbs shall be provided for rinsing
down the entire deck and shall be installed in accordance with the
California Plumbing Code.
Section 15.09.270 Amendment to Section 307.1.1.
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in Hazardous Locations. Hazardous locations
for glazing shall be as defined in the California Building Code or the
California Residential Code, as applicable. Where glazing is determined to
be in a hazardous location, the requirements for the glazing shall be in
accordance with those codes, as applicable.
Section 15.09.280 Amendment to Section 307.1.4.
Section 307.1.4 is amended to read as follows:
Section 307.1.4 Roofs or Canopies. Roofs or canopies over pools and
spas shall be in accordance with the California Building Code or California
Residential Code, as applicable, and shall be constructed so as to prevent
water runoff into the pool or spa.
Section 15.09.290 Amendment to Section 307.1.5.
Section 307.1.5 is amended to read as follows:
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Section 307.1.5 Accessibility. An accessible route to pools and spas of
new common use areas serving covered multi -family dwellings shall be
provided in accordance with the Chapter 11A of California Building Code.
Accessibility within pools and spas shall be provided as required by
Chapter 11A of California Building Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and Structural Design. Pools and spas shall
conform to one or more of the standards indicated in Table 307.2.2. The
structural design of pools and spas shall be in accordance with the
California Building Code or the California Residential Code.
Section 15.09.305 Amendment to Section 311.1 Exception #2.
Section 311.1 Exception #2 is amended to read as follows:
2. Wading pools shall not have suction outlets. Skimmers or overflow
gutter shall be installed and shall accommodate one hundred (100)
percent of the circulations system flow rate.
Section 15.09.310 Amendment to Section 317.4.
Section 317.4 is amended to read as follows:
Section 317.4 Installation. Heaters shall be installed in accordance with
the manufacturer's specifications and the California Plumbing Code,
California Mechanical Code, California Energy Code, California Electrical
Code, as applicable. Solar thermal water heaters shall be installed in
accordance with Section 316.6.
Section 15.09.320 Amendment to Section 317.6.1.
Section 317.6.1 is amended to read as follows:
Section 317.6.1 Installation. Solar thermal water heaters shall be
installed in accordance with the California Mechanical Code.
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Section 15.09.330 Amendment to Section 319.2.
Section 319.2 is amended to read as follows:
Section 319.2 Protection of Potable Water Supply. Potable water
supply systems shall be designed, installed and maintained so as to
prevent contamination from nonpotable liquids, solids or gases being
introduced into the potable water supply through cross -connections or
other piping connections to the system. Means of protection against
backflow in the potable water supply shall be provided through an air gap
complying with ASME Al 12.1.2 or by a backflow prevention assembly in
accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 321.1.
Section 321.1 is amended to read as follows:
Section 321.1 Backwash Water or Draining Water. Wastewater from
any filter, scum filter, scum gutter, overflow, pool emptying line, or similar
apparatus shall discharge into an approved type of receptor and
subsequently into a public sewer. The flood level rim of such receptor shall
be at least six (6) inches above the Design Flood Elevation indicated in
the Flood Insurance Rate Map as printed by the Federal Emergency
Management Agency's Flood Insurance Rate Map. Direct connections
shall not be made between the end of the backwash line and the disposal
system. Drains shall discharge through an air gap.
Section 15.09.350 Deletion of Sections 321.2 and 321.3.
Section 15.09.350 is amended to read as follows:
Sections 321.2 and 321.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 322.
Section 322 is deleted in its entirety and replace with the following:
Section 322.1 General. The provision of Section 322.2 shall apply to
lighting for residential pools and spas.
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Section 322.2 Residential Pool and Deck Illumination. Where lighting
is installed for, and in, residential pools and permanent residential spas,
such lighting shall be installed in accordance with California Electrical
Code.
Section 15.09.370 Deletion and Rename of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion and Rename of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion and Rename of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows:
Section 703.1 General. Decks provided by the pool manufacturer shall
be installed in accordance with the manufacturer's instructions. Decks
fabricated on -site shall be in accordance with the California Residential
Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
Section 802.1 Materials of Components and Accessories. The
materials of components and accessories used for permanent inground
residential swimming pools shall be suitable for the environment in which
they are installed. The materials shall be capable of fulfilling the design,
installation and the intended use requirements in the California
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Residential Code.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural Design. The structural design and materials
shall be in accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901.2.
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter,
residential spas and residential exercise spas shall comply with the
requirements of Chapter 3.
Section 15.09.440 Add Section 903.
Section 903 is added as follows:
Section 903 MATERIALS.
903.1 Pumps and Motors. Pumps and motors shall be listed and labeled
for use in spas.
Section 15.09.450 Add Section 904.
Section 904 is added as follows:
904.1 Water Depth. The maximum water depth for spas shall be four
(4) feet measured from the design waterline. The water depth for exercise
spas shall not exceed six (6) feet, six (6) inches measured from the design
waterline.
904.2 Multilevel Seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be twenty (28)
inches measured from the design waterline to the lowest measurable
point.
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904.3 Floor Slope. The slope of the floor shall not exceed one (1) unit
vertical in twelve (12) units horizontal (8.3-percent slope). Where
multilevel floors are provided, the change in depth shall be indicated.
Section 15.09.460 Add Section 905.
Section 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return Fittings. Return fittings shall be provided and arranged to
facilitate a uniform circulation of water and maintain a uniform sanitizer
residual throughout the entire spa or exercise spa.
905.2 Suction Fittings. Suction fittings shall be in accordance with
Sections 905.2.1 through 905.2.4.
905.2.1 Testing and Certification. Suction fittings shall be listed
and labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed
in accordance with the manufacturer's specifications.
Spas and exercise spas shall not be used or operated if
the suction outlet cover is missing, damaged, broken or
loose.
905.2.3 Outlets Per Pump. Suction fittings shall be provided in
accordance with Section 310.
905.2.4 Submerged Vacuum Fittings. Submerged vacuum
fittings shall be in accordance with Section 310.
Section 15.09.470 Add Section 906.
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 General. This section pertains to fuel -fired and electric appliances
used for heating spa or exercise spa water.
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906.2 Water Temperature Controls. Components provided for water
temperature controls shall be suitable for the intended application.
906.2.1 Water Temperature Regulating Controls. Water
temperature regulating controls shall comply with UL 873
or UL 372. A means shall be provided to indicate the
water temperature in the spa.
Exception: Water temperature regulating controls that are integral to
the heating appliance and listed in accordance with the applicable
end use appliance standard.
906.2.2 Water Temperature Limiting Controls. Water
temperature limiting controls shall comply with UL 873 or
UL 372. Water temperature at the heater return outlet
shall not exceed 140OF (60°C).
Section 15.09.480 Add Section 907.
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water Temperature. The temperature of the incoming makeup
water shall not exceed 104°F (40°C).
Section 9: Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Standards.
Section 15.11.010 Adoption of the California Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Green Building Standards Code.
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The various parts of this code, along with the amendments and deletions adopted in this
section, shall constitute and be known as the "Newport Beach Green Standards Code."
A copy of the 2025 California Green Standards Code shall be kept on file in the office of
the Building Official pursuant to California Health and Safety Code Section 18942(e)(1)
and made available for public inspection.
Section 10: Chapter 15.13 (Historical Building Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
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 2025 Edition of the California Historical Building Code, 24 CCR 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 2025 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the Building
Official pursuant to California Health and Safety Code Section 18942(e)(1) and made
available for public inspection.
Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code.
Section 15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Existing Building Code, 14 CCR Part 10,
Appendix A, Chapters A-1, A-2 and A-3, and all national codes and standards referenced
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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 2025 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the Building Official
pursuant to California Health and Safety Code Section 18942(e)(1) and made available
for public inspection.
Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code
is deleted in its entirety amended and renamed as follows:
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 2025 Edition of the California Energy Code, 24 CCR 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 2025 California Energy Code, printed in
code book form, shall be kept on file in the office of the Building Official pursuant to
California Health and Safety Code Section 18942(e)(1) and made available for public
inspection.
Section 13: Portions of Chapter 15.50 (Floodplain Management) of the Newport
Beach Municipal Code are amended as follows:
Section 15.50.050 Amendment to Section 15.50.050 Definitions.
Section 15.50.050 is hereby amended to modify the following definition:
"Substantial Improvement" Any one or more or any combination of repair
reconstruction, rehabilitation, alteration, addition or other improvement of
a building or structure taking place during a ten (10) year period, the
cumulative cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the improvement or repair is started. For
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each building or structure, the ten (10) year period begins on the date of
the first permit issued for improvement or repair of that building or
structure subsequent to December 31, 2025. If the structure has
sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term
does not, however, include either:
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary or safety code specifications which
have been identified by a Code Enforcement Officer and which are the
minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure; provided that the alteration will
not preclude the structure's continued designation as a historic
structure.
Section 15.50.130 Amendment to 15.50.130 Designation of the Floodplain
Administrator.
Section 15.50.130 is amended to read as follows:
The City Manager or their designated representative is hereby appointed
to administer, implement and enforce this chapter by granting or denying
development permit applications in accordance with its provisions. The
Floodplain Administrator shall also:
A. Take action to remedy violations of this chapter;
B. Complete and submit a biennial report to Federal Emergency
Management Agency; and
C. Assure the community's General Plan is consistent with floodplain
management objectives.
Section 15.50.135 Amendment to 15.50.135 Permit Review.
Section 15.50.135 is amended to read as follows:
The Floodplain Administrator or their designated representative shall
review all development permits to determine:
A. Permit requirements of this chapter have been satisfied, including
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determination of substantial improvement and substantial damage of
existing structures;
B. All other required state and federal permits have been obtained;
C. The site is reasonably safe from flooding;
D. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. This means that the
cumulative effect of the proposed development when combined with
all other existing and anticipated development will not increase the
water surface elevation of the base flood more than one foot at any
point; and
E. All Letters of Map Revisions for flood control projects are approved
prior to the issuance of building permits. Building permits must not be
issued based on Conditional Letters of Map Revision. Approved
Conditional Letters of Map Revision allow construction of the
proposed flood control project and land preparation as specified in the
"start of construction" definition.
Section 15.50.140 Amendment to 15.50.140 Review, Use of Other Base Flood Data.
Section 15.50.140 is amended to read as follows:
When base flood elevation data has not been provided in accordance with
Section 15.50.070, the Floodplain Administrator, or their designated
representative, shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other
source, in order to administer Sections 15.50.200 through 15.50.250.
Section 15.50.145 Amendment to 15.50.145 Development of Substantial
Improvement and Substantial Damage Procedures.
Section 15.50.145 is amended to read as follows:
The Floodplain Administrator shall:
A. Answer to questions about substantially damaged buildings, develop
detailed procedures for identifying and administering requirements
for substantial improvement and substantial damage to include
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defining "current value of the structure."
B. Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
Section 15.50.160 Amendment to 15.50.160 Notification of Other Agencies.
Section 15.50.160 is amended to read as follows:
A. Alteration or Relocation of a Watercourse. The Floodplain
Administrator or their designated representative shall:
1. Notify adjacent communities and the California Department of
Water Resources prior to alteration or relocation;
2. Submit evidence of such notification to the Federal Emergency
Management Agency;
3. Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
B. Base Flood Elevation Changes Due to Physical Alterations. The
Floodplain Administrator or their designated representative shall:
1. Within six months of information becoming available or project
completion, whichever comes first, submit or assure that the permit
applicant submits technical or scientific data to Federal Emergency
Management Agency for a Letter of Map Revision ("LOMR").
2. Verify all LOMRs for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision ("CLOMRs").
Approved CLOMRs allow construction of the proposed flood
control project and land preparation as specified in the "start of
construction" definition. Such submissions are necessary so that
upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management
requirements are based on current data.
C. Changes in Corporate Boundaries. The Floodplain Administrator or
their designated representative shall notify Federal Emergency
Management Agency in writing whenever the corporate boundaries
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have been modified by annexation or other means and include a copy
of a map of the community clearly delineating the new corporate limits.
Section 15.50.180 Amendment to 15.50.180 Appeals and Variance Procedure.
Section 15.50.180 is amended to read as follows:
A. The Planning Commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator, in the enforcement or
administration of this chapter.
B. The Planning Commission shall review and decide requests for
variances. In ruling on such applications, the Planning Commission
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the
injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner and
future owners of the property;
4. The importance of the services provided by the proposed facility to
the community;
5. The necessity to the facility of a waterfront location, where
applicable;
6. The availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary
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and emergency vehicles;
10.The expected heights, velocity duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
11.The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electric, water systems, and
streets and bridges.
C. Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing all items
in this chapter have been fully considered. As lot size increases
beyond one-half acre, the technical justification required for issuing
the variance increases.
D. Upon consideration of the factors set forth in Section 15.50.190 and
the purposes of this chapter, the Planning Commission may attach
conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
E. Those aggrieved by the decision of the Planning Commission may
appeal such decision to the City Council as provided in Title 20. A
member of the City Council may call for review any decision of the
Planning Commission under this chapter as provided in Title 20.
F. The Floodplain Administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency in the biennial report.
Section 15.50.220 Amendment to 15.50.220 Standards for Development and
Subdivisions.
Section 15.50.220 is amended to read as follows:
A. All preliminary development and subdivision proposals shall identify
the flood hazard area and elevation of the base flood.
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B. All final development and subdivision plans will provide the elevation
of proposed structure(s) and pad(s). If the site is filled above the base
flood, the final pad elevation shall be certified by a registered
professional engineer or surveyor and provided to the Floodplain
Administrator.
C. All development and subdivision proposals shall be consistent with the
need to minimize flood damage.
D. All development and subdivision proposals shall have public utilities
and facilities such as sewer, gas, electric and water systems located
and constructed to minimize flood damage.
E. All development and subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
F. A development permit shall be obtained before any construction
begins on a development or a subdivision, including manufactured
homes, within any area of special flood hazards established in Section
15.50.070. Application for a development permit shall be made on
forms furnished by the City Manager or their designated
representative and shall include but not be limited to: plans in
duplicate, drawn to scale showing: the location, dimensions, and
elevations of each existing or proposed structure within the
development or subdivision; existing and proposed grades, and
drainage facilities. Specifically, the following information is required:
1. Proposed locations of water supply, sanitary sewer, and other
utilities;
2. Location of the regulatory floodway when applicable;
3. Base flood elevation information as specified in Section
15.50.070;
4. Proposed elevation, in relation to North American Vertical Datum
of 1988 ("NAVD"), as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement)
of all structures;
5. Proposed elevation, in relation to NAVD, of the lowest floor
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(including basement) of all structures;
6. Proposed elevation, in relation to NAVD, to which any
nonresidential structure will be flood -proofed, as required under
Section 15.50.200(C)(2) and detailed in Federal Emergency
Management Agency Technical Bulletin TB 3-93, which Bulletin is
incorporated herein by this reference as though fully set forth;
7. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodproofing
criteria in Section 15.50.200(C)(2)(c);
8. All appropriate certifications listed in Section 15.50.150;
9. Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development;
10. Plans for any walls to be used to enclose space below the base
flood level; and
11. Provide certification that all necessary permits have been
obtained from Federal, State, and local governmental agencies
from which prior approval is required.
NOTE: It is the developer's responsibility to obtain these
approvals.
G. The Floodplain Administrator shall:
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
2. Review the developer's certification that all other required State
and Federal permits have been obtained;
3. Review all development permits to determine that the proposed
development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a
floodway has not been designated;
4. Review all development permits in the coastal high hazard area
of the area of special flood hazard to determine if the proposed
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development alters sand dunes so as to increase potential flood
damage;
5. Review all development permits to determine whether proposed
building sites will be reasonably safe from flooding; and
6. Take action to remedy violations of this chapter.
Section 14: Except as expressly modified herein, all other provisions, terms and
sections set forth in Title 15 shall remain unchanged and shall be in full force and effect.
Section 15: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 16: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. In the event that any part of this ordinance is found to be invalid or
unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert
to the version that was in effect immediately prior to the adoption of this ordinance.
Section 17: The action proposed herein is not a project subject to the California
Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State
CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code
of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the
ordinance will not result in a reasonably foreseeable physical change to the environment.
The proposed action is also exempt from the CEQA pursuant to State CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. This ordinance itself does
not authorize development that would directly result in physical change to the
environment.
Section 18: 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.
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Section 19: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance and the City Clerk shall cause the same to be published pursuant to
City Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2026, pursuant to California Health and Safety
Code Sections 17958 and 18941.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9th day of September 2025, and adopted on the 23rd day of
September 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aa(W C. Harp, City Att rney
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Attachment C
Redline Version California Building Standards Code Amendments
21-76
Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
IftMas MINE . .r.:r_r rzv �nezrvi
.• �.
.� �. .me .
.. .
EpWAI
. .. .
Chapter 15.02
ADMINISTRATIVE CODE
Sections:
15.02.010 Adoption of the Administrative Code.
15.02.020 Amendment to Section 101.1.
15.02.030 Reserved.
15.02.040 Amendment to Section 101.4.4.
15.02.050 Amendment to Section 102.6.
15.02.060 Addition of Section 102.7.
15.02.070 Amendment to Section 103.1.
15.02.080 Amendment to Section 105.2.
15.02.085 Addition of Section 105.3.1.1.
15.02.090 Amendment to Section 105.3.2.
15.02.095 Addition of Sections 105.3.3. 105.3.4. and 105.3.5.
15.02.100 Amendment to Section 105.5.
15.02.110 Amendment to Section 109.4.
15.02.120 Addition of Section 117.
Section 15.02.010 Adoption of the Administrative Code.
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The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 11 Division II of the 20222025 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 20222025 California Building Code printed in code book form shall
be kept on file in the office of the Building Official pursuant to Health and Safety Code
Section 18942(e)(1) and made available for public inspection.
Section 15.02.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport
Beach Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.3Reserved.
._
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 manntenanceMaintenance. The provisionsof
the 2-0212024 International Property Maintenance Code shall be
adopted as the Newport Beach Property Maintenance Code and shall
apply to existing structures and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life and fire safety hazards;
responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
Section 15.02.050 Amendment to Section 102.6.
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Section 102.6 is amended to read as follows:
Section 102.6 Existing structuresStructures. The legal occupancy of
any structure existing on the date of adoption of this code shall be
permitted to continue without change, except as otherwise specifically
provided in this code, the California Existing Building Code, the
International Property Maintenance Code, California Building Code, the
California Residential Code, or the California Fire Code, or as deemed
necessary by the Chief Building Official.
Section 15.02.060 AddedAddition of Section 102.7.
Section 102.7 is added to read as follows:
Section 102.7 Remodel or renGyatnGn Renovation. If the valuation of
the permit for the remodel or renovation of a building is equal to or
exceeds fift 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
$3''�00;350,000.
2. The Chie# 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.
3. This provision shall not apply to projects that meet the criteria set forth
in Newport Beach Municipal Code Section 20.38.060(A)(3) and are
not located in a Special Flood Hazard Area per the latest revision of
the Federal Insurance Rate Map.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcementage ecyL.--Enforcement
Agency. The Building Division is hereby created and the official in charge
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thereof shall be known as the Chief Building Official.- The function of the
agency shall be the implementation, administration, and enforcement of
the provisions of this code.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (10661,066.8
mm) high above lowest adjacent grade and not within 3 feet of the
property line, and all other fences not over 6 feet (1,828.8 mm) in
height above lowest adjacent grade except when used as a pool
barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group
R-_3 occupancy, or water features, containing less than 18 inches of
water depth, do not exceed 5,000 gallons and are installed entirely
above ground; unless otherwise required by other provisions of the
code.
Section 15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and Demolition s:Waste
Permits. Prior to issuance of a building permit for construction having a
valuation over $100,000 or a demolition permit for complete demolition of
a structure, the permittee shall certify that a City franchised solid waste
entehauler shall be used for the handling, removal and disposal of
all construction and demolition waste. A demoliitiernr permit deposit and
fees, set by'R, solUtiORresolution of the City Council, shall be paid at the
time of submitting the building or demolition permit application and the
Construction and Demolition Cam- aste Certification and Deposit
Form. Said deposit shall be returned to the permittee, MIRUS
administrative foes set by Resole ition of the City CO Unnil at the conclusion
of the construction or demolition project, upon the submittal of
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documentation that a franchised solid waste en+�i:ehauler was used
to handle, remove and dispose of all demelit'GR wastes.
demel+tieeconstruction and demolition waste. Claims for refund of the
permit deposit, that qualify, must be six (6) months from the date the
permit receives a final status from the Building Division. The permit
deposit shall be forfeited in its entirety if athe identified franchised solid
waste eaterp4sehauler is not used to handle, remove and dispose of all
demelotmen wastesconstruction and demolition waste or a request for
refund is not submitted within the time set forth herein.
If the Building Official finds that the work described in an application for a
building or demolition permit and the plans, specifications and other data
filed therewith conform to the requirements of this Sedecode and the
technical codes and other pertinent laws and ordinances, and that the
fees specified in Section 109 have been paid and that a franchised solid
waste enterprisehauler is being used, the building effi Building Official
shall issue a permit +"e�etherefor to the applicant. Prior to any
construction or demolition activities authorized by the permit, the
permittee shall notify the o, bli^ Works Depa entCommunity
Development Department's Code Enforcement Division no less than
twenty-four La4ahours or more than seventy-two LT2ahours in advance of
its intent to commence construction or demolition and provide the name
of the franchised solid waste enterprisehauler that will GenduGt haul and
dispose of the construction and demolition aGtivitieswaste. Any hauling or
disposal of demolition and construction wasteswaste by other than the
identified franchised solid waste enterp4sebauler shall subject the project
to suspension of work as authorized in this EodeCode and subject the
deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building
Official, the Building Official may extend the deadlines set forth in this
cArtinn
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 lommtatmonLimitation of applicationApplication.
An application for a permit for any proposed work shall be deemed to
have been abandoned one hundred eighty (180) days after the date of
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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
one hundred eighty (180) days each. The extension shall be requested in
writing and justifiable cause demonstrated. -
Section 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time llm tLimit on permitted
construGtm,,.,permitted Construction.
For any one -unit or two -unit dwelling for which a tentative and final tract
map is not required, the maximum allowable time to complete
construction for any work that requires a building permit including, but not
limited to, any construction, reconstruction, rehabilitation, renovation,
addition(s), modification(s), improvement(s), or alteration(s), shall be
limited to three (3) years, unless an extension is granted in accordance
with Section 105.3.4.
For building permits c erg on er -after Lune 'I ` 01 Q theThe time limit to
��{� ca-vrrv�arrc�--v-a-r���v-r.�
complete construction shall begin on the date of issuance of the first or
original building permit. For building perm�?s{�eiJ��tO l��20419-
the tome limit to raomplete GonstruGtion shall be three (3) years from june
1,2019.
Final inspection and approval of the construction work by the City shall
mark the date of construction completion for purposes of Section
15.02.095. Time limits set forth herein shall not be extended by issuance
of a subsequent building permit(s) for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of thr*4h;*Time Limit to complete
constructiGnComplete Construction.
The maximum allowable time to complete construction, as set forth in
Section 105.3.3, may be extended as follows:
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1. 4-.-Application for Extension to Building Official.
a)a)-A property owner, or authorized agent of the property owner,
may request an extension by filing with the Building Official, in
writing and on a form provided by the Building Official, an
application for extension which sets forth: (i) the address of the
project site; (ii) the name of the applicant and property owner; (iii)
when the first or original building permit was issued; (iv) the
length of time extension requested, which shall not be greater
than threeone hundred and -sixty five (365eighty (180) calendar
days; (v) how many previous extensions have been granted; (vi)
the basmcriteria that establish the cause(s) of delay and the
reason for the requested -extension request; (vii) the Rew ep'd
projectdate Of the app;TEatien fs—approveda comprehensive
completion schedule; (viii) a brief description of the
improvements that are the subject of the application; aP44xLix)
past complaints and enforcement history; and (x) any other
information requested by the City.
t)b)—Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit. The application for extension to the Building Official shall
be accompanied the fee set forth OR the—Ci#'smaster fee
SGheduleby a fee adopted by resolution of the City Council.
co)`Within forty-five (45) days of a request for extension, the
Building Official may ministerially grant, conditionally grant or
deny a request for extension for a period not to exceed threeone
hundred sixty five eighty (180) calendar days with a
maximum of two extensions being granted by the Building Official
under this subsection. The Building Official shall only grant an
extension if he/she determines adequate progress has been
made towards completion of construction and the request for
extension is necessary for its completion. The decision of the
Building Official shall be final and non -appealable.
2. Application for Additional Extension(s).
Ja 41f construction of the project has not been completed within the
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timeframe authorized by the Building Official, a property owner,
or authorized agent of the property owner, may request an
additional extension by filing with the City Clerk, in writing and on
a form provided by the City Clerk, an application for extension
which sets forth: (i) the address of the project site; (ii) the name
of the applicant and property owner; (iii) when the first or original
building permit was issued; (iv) the length of time extension
requested, which shall not be greater than one hundred aed
eighty (180) calendar days; (v) how many previous extensions
have been granted; (vi) the bas;ccriteria that establishes the
cause(s) of de+lla�y ,and the reason for the requested -extension
request; (vii) the ^w endproJeGt date if the onnrno+i0n is
appreveda comprehensive completion schedule; (viii) a brief
description of the improvements that are the subject of the
application; an (ox(ix) past complaints and enforcement history:
and x) any other information requested by the City.
bb)—Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit.
ch_c}An application for extension filed with the City Clerk shall be
accompanied by a hearing and noticing fee identified in the Gi+
master fee sGhed readopted by resolution of the City Council.
3. Scheduling and Noticing.
a)a —For an application for an additional extension set forth in
subsection (2)-,1 a Hearing Officer, designated by the City
Manager, shall hear and decide whether a secendthird
application for extension, or thkdfourth application for extension,
shall be granted, conditionally granted, or denied. The City
Council shall hear and decide whether any additional application
for extension, beyond four total extensions, shall be granted,
conditionally granted; or denied. The applicable hearing body
shall be referred to herein as the "review authority."
-For any application for extension to be heard by a Hearing
Officer, the City Manager shall appoint a Hearing Officer with the
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requisite qualifications and experience to consider the application
for extension. The Hearing Officer shall not be a City employee
and the employment, performance evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be
conditioned, either directly or indirectly, upon the outcome of any
decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an
application for extension, the City Manager or his/her designee
shall notify the applicant of the name of the Hearing Officer in
accordance with Section 1.08.080. If the applicant wishes to
challenge the designated Hearing Officer, the applicant shall
have seven (7) calendar days from the date of service of the
notice to submit to the City Manager a request, in writing, to
disqualify the Hearing Officer, which sets forth the basis for
disqualification. A Hearing Officer may only be disqualified for: (i)
bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for
which a judge may be disqualified after a showing of good cause
under the laws of the State of California.
The City Manager will review any request for disqualification and
make a dec;s;ondecide as to whether a Hearing Officer shall be
disqualified. The City Manager's decision shall be final. If the City
Manager disqualifies a Hearing Officer, the City Manager shall
designate a new Hearing Officer in accordance with the
procedures in this subsection.
c) OThe applicant shall be notified of the time and place set for the
hearing of the application, in accordance with Section 1.08.080,
at least ten (10) calendar days prior to the date of the hearing. All
hearings on an application to be heard by the review authority
shall be noticed in the following manner:
(i) OyMailed to property owners within three hundred (300) feet
of the project site that is the subject of the application, at least
ten (10) calendar days in advance of the hearing. The notice
shall contain: the address of the project site; the length of time
extension requested; the new end project date if the
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application is approved; the name of the applicant and
property owner; a brief description of the improvements; the
date, time, and place of the hearing; and a statement
informing the person they have the ability to attend the
hearing and provide comments; and
ii WPosted by the applicant at the project site, that is the
subject of the application, at least ten (10) calendar days
before the scheduled hearing. The size, location and number
of sign(s) shall be posted as determined by the City Manager
or his/her designee._ The applicant shall be responsible for
maintaining the sign(s) in a satisfactory condition and shall
remove all sign(s) within twenty-four (24) hours following the
conclusion of the hearing.
The failure of any person or entity to receive notice given in
compliance with this subsection shall not invalidate the
actions of the applicable review authority.
4. 4—.Conduct of Hearing.
a)a)-A hearing shall be held at the date, time, and place for which
notice was given.
�b)—The review authority shall only consider evidence and
testimony, presented by the applicant or any other interested
person, relevant to whether: (i) special circumstances warrant an
extension of time; (ii) the failure to meet the time limit was caused
by circumstances beyond the property owner's, applicant's or
their contractor's control; and (iii) any approval should contain
conditions to ensure timely completion of the project in a manner
that limits impacts on surrounding property owners. Any
documents submitted by City staff shall constitute prima facie
evidence of the respective facts contained in those documents.
cL_c}The review authority may grant, or conditionally grant, up to a
one hundred and eighty (180) calendar day extension, per
application for extension, if it finds special circumstances warrant
an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's,
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applicant's or their contractor's control. If the review authority
makes the findings to grant an extension, the review authority
shall consider whether conditions are necessary to ensure timely
completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the
application if it cannot make the findings set forth in this
subsection.
dd}A hearing may be continued without further notice, provided
the Hearing Officer or chair of the review authority announces the
date, time, and place to which the hearing will be continued
before the adjournment or recess of the hearing.
ee)-The review authority may announce a tentative decision and
defer its action on a final decision until appropriate findings
and/or conditions of approval have been prepared.
f�f}The review authority shall issue a written decision, setting forth
its findings, and the decision shall be final and effective on the
date the decision is made, unless otherwise specified by the
review authority. The review authority shall provide the City Clerk
with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision
to the applicant within ten (10) calendar days of receipt of the
final decision.
5. S—Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a
building permit or extending a building permit if the extension is a term
of an enforceable settlement agreement between the City and the
property owner or a term of a court order/judgment.
6. 6—Judicial Review.
The decision of the review authority shall not be appealable to any City
body. A person shall not seek judicial review related to any application
for extension until the person has first exhausted all administrative
procedures set forth in Section 15.02.095.
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Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction
and shall not relieve any person or entity from complying with any other
applicable provision of federal, state or local law including, but not
limited to, construction related laws adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced
within one hundred eighty (180) days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a
period of one hundred eighty (180) days after the date of the last recorded
inspection. Before such work can be recommenced, .—ne the permit
shall be first obtained to do soreissued, and the permittee shall pay a
new permit feeexcept. Except for instances where permits for suspended
or abandoned work where have had previous 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 nor more
extensions of time, for periods not more than one hundred eighty (180)
days each. -The extension shall be requested minimum fifteen 15) days
prior to the permit expiration in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work commencing before pe
0 ssuance.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
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subject to an investigation fee in addition to the required permit fees. The
investigation fee shall be collected whether or not a permit is then or
subsequently issued. The investigation fee shall be equal to the amount
of the permit fee required in the City Council fee resolution. The payment
of such investigation fee shall not exempt an applicant from compliance
with all applicable provisions of either the codes or referenced standards
or the technical codes nor from the penalty prescribed by law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of entire structureEntire Structure.
Section 117.1 Notification. When an entire structure is to be
demolished, notification by certified mail to adjacent owners is required at
least 30 days before demolition commences. Proof of notification
is required prior to permit issuance. Unless determined otherwise by the
Building Official.
Section 2: Chapter 15.03 (International Property Maintenance
Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to
read as follows:
Sections:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
A r r r
r 1
I •
nA �A n� S�\r�l�ill J�ll�lil�1 S 1�1�1U lls � P
15.03.010 Adoption of the International Property Maintenance Code.
15.03.020 Deletion of Chapter 1, except Sections 101, 102, 109.1, 109.1.4,
109.4, 109.7 and 109.8.
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15.03.030
Amendment to Section 101.1.
15.03.040
Amendment to Section 102.3.
15.03.045
Amendment to Section 302.4.
15.03.050
Amendment to Section 303.2.
Section 15.03.010 Adoption of the International Property Maintenance Code.
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 20242024 International Property Maintenance Code, as published by the
International Code Council.
The various parts of this decode, along with the amendments and deletions adopted
in this section, shall constitute and be known as the "Newport Beach Property
Maintenance Code-." A copy of the 20242024 International Property Maintenance Code
shall be kept on file in the office of the Building Official pursuant to Health and Safety
Code Section 18942(e)(1) and made available for public inspection.
Section 15.03.020 Deletion of Chapter 1, exceptExcept Sections 101, 102,
444109.1, ''''''� '�T109.1.4, 444-109.4, 109.7, and 444109.8.-
Section 15.03.020, Chapter 1 of the Property Maintenance Code is
deleted, except Sections 101, 102, 444109.1, 1 1 1.2, 1 1 109.1.4,
444-109.4, 109.7, and 444109.8.
Section 15.03.030 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title.- These regulations shall be known as the Newport Beach Property
Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codesCodes. Repairs, additions or
alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the applicable adopted
codes. -Nothing in this code shall be construed to cancel, modify, or set
aside any provisions of the Newport Beach Municipal Code.
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Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. —Premises and exterior property shall be
maintained free from weeds or plant growth that create a fire hazard or
are overgrown in a way that they obstruct the right of way, block visibility
of pedestrians and drivers, or harbor rats, vermin, or insects. -Noxious
weeds shall be prohibited.- Weeds shall be defined as all grasses, annual
plants, and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers and gardens. -Upon failure of the
owner of agent having charge of a property to cut and destroy weeds after
service of a notice of violation, they shall be subject to prosecution in
accordance with California Building Code Section 114.3 and as
prescribed by the authority having jurisdiction. -
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas
or water features containing more than eighteen 18) inches of water
depth shall comply with section 305.2 of the Newport Beach Residential
Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach
Building Code. No existing pool enclosure shall be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
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ffiffi
ZYMM
IMMUNE
.. . . .
.. .. ..@ M-4-1
Chapter 15.04
BUILDING CODE
15.04.010 Adoption of the California Buildina Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Reserved.
15.04.040
Reserved.
15.04.050
Reserved.
15.04.060 Reserved.
1 1; na mn RPCPrVPfi
15.04.080 Amendment to Section 903.2.
15.04.090 Amendment to Section 903.2.8.
15.04.100 Reserved.
15.04.110 Amendment to Table 1505.1.
15.04.120 Amendment to Section 1505.1.2.
15.04.130 Amendment to section 1612.3.
15.04.140 Amendment to Section 1704.2.1.
is na 1-qn RP_CP_rN/Pfi
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20222025 Edition of the California Building Code, Volumes 1 and 2, including
Appendix C; I, and all national codes and standards referenced therein, based on the
20212024 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 20222025 California Building Code Volumes 1 and 2,
printed in code book form, shall be kept on file in the office of the Building Official pursuant
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to Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.04.020 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high
above lowest adjacent grade and not within three 3) feet of the
property line, and all other fences not over six 6) feet (1,828.8 mm)
in height above lowest adjacent grade except when used as a pool
barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group
R-_3 occupancy, or water features, containing less than eighteen
�18) inches of water depth, do not exceed five thousand (5,000)
gallons and are installed entirely above ground, unless otherwise
required by other provisions of the code.
rn-�r�zr.`�-�a�:T��:trsa:�:Er�:��r�r.�:�mcrr:►:�..�r_�� .r .
Section 15.04.040 Amendment to SeGtien 701 .3 Reserved.
a
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�:7IN:T:t:Mr..M.....:r05,0225M sr.T.�.� _err. ■
�-�:rsrrrz �:7 rr.7:�.r .r_�:rr..r_�.�rw�ns`r.�.�e» _ems -ors: ■
Section 15.04.080 Amendment to Section 903.2.-
Section 903.2 is amended to read as follows:
Section 903.2 Where required Required., Approved automatic sprinkler
systems in new buildings and structures shall be provided in the following
locations:-
1. New buildings! 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 five thousand (5,000) square feet (465
m2), unless more restrictive requirements are required by other
provisions of the Cede. this code.
Exceptions:-
1. Group R occupancies. -Group R occupancies shall comply with
Section 903.2.8.
2. Spaces or areas in telecommunications buildings used exclusively
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for telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided
that those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with Section
907.2 and are separated from the remainder of the building -by not
less than one Lahour fire barriers constructed in accordance with
Section 707 or not less than two 2) hours horizontal assemblies
constructed in accordance with Section 711, or both.
2. Existing buildingsBuildings: Notwithstanding any applicable
provisions of this code, an automatic sprinklersystem shall be provided
in an existing building when any of the following conditions exists:
a) When an addition is fift_r (50%percent or more of the existing
building area and the resulting building area exceeds five
thousand (5,000) square feet (465 m2),-
b) When an addition is added, and the existing building is already
provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of
the Cedethis code.
d) Where a tenant space in an existing building is required to be
sprinklered due to the nature of occupancy use, the entire building
shall be sprinklered unless other provisions of the code(s) are
applied to create distinct separated buildings, subject to the €a-e
Code fire code official and Chief Building e##iEialOfficial
approval.
Exception: -Group R occupancies.- Group R occupancies shall comply
with Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
Section 903.2.8 is amended to read as follows:
Section 903.2.8 Group R. -An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
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1. New buildings. Buildings: An automatic sprinkler system shall be
installed throughout all new buildings.
2. Existing buildings! Buildings: An automatic sprinkler system shall
be installed throughout when one of the following conditions exists:
a-.a�When the total area of addition and reconstruction exceeds 2,000
sq.ft. and exceeds fifty 50%percent of the area of the existing
structure.
b-.biAn addition when the existing building is already provided with
automatic fire sprinkler system.
c-.cLAs determined for new construction per Section 102.7.
Exceptions:
1. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing primary
dwelling.
2. The installation of fire sprinklers shall not be required in an
accessory dwelling unit if sprinklers are not required for the primary
residence. The construction of an accessory dwelling unit shall not
trigger a requirement for fire sprinklers to be installed in the existing
multifamily dwelling.
TheCh+e# Building Official may approve alternative methods and
materials when an equivalent or greater level of Fire protection is
achieved, subject to the Fore ede—Off�alfire code official
approval.
Section 15.04.100 RESERVEDReserved..
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Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
TABLE 1505.-ja1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES
OF CONSTRUCTIOWCONSTRUCTIONa
IA
IB
IIA
1113
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
'Q^^ nhapter 7A f^r r^^f n^V^rIRg req Uir^m^Rt
allnless otherwise required in accordance with the California Wildland-Urban Interface
Code or due to the location of the building within a fire district in accordance with
Appendix D.
Section 15.04.120 Amendment to Section 1505.1.2.
Section 1505.1.2 is amended to read as follows:
Section 1505.1.2 Roof coverings within all other areas.— other than
Fire Hazard Severity Zones or a Wildland-Urban Interface MUD. The
entire roof covering of every existing structure where more than fift 50)
percent of the total roof area is replaced within any one-year period, and
the entire roof covering of every Agnew structure when, and any roof
covering applied in the addition, alteration, repair or replacement of the
roof exEeeds-50 perEerof #lieevery existing r^,tea, ea;structure, shall be
a fire -retardant roof covering or assemhlthat is at least Class 8C fire
classification.
Section 15.04.130— Amendment to Section 1612.3.
Section 1612.3 first paragraph is amended to read as follows:
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Section 1612.3 Establishment of the flood hazard
Hazard Areas. To establish flood hazard areas, the applicable governing
authority shall adopt a flood hazard map and supporting data. -The flood
hazard map shall include, at a minimum, areas of special flood hazard as
identified by the Federal Emergency Management Agency in an
engineering report entitled "The Flood Insurance Study for Newport
Beach," dated March 21, 2019, as amended or revised with the
accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related supporting data along with any
revisions thereto. -The adopted flood hazard map and supporting data are
hereby adopted by reference and declared to be part of this section.
Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspeGtorqua! nspector
Qualifications. The special inspector shall be a qualified person
approved by the Chief Building Official of the G ty of n'ewper+ ReaG" or
his/her designated representative. The special inspector shall furnish
continuous inspection on the construction and work requiring his/her
employment as prescribed in the applicable code. The special inspector
shall report to the Chief Building Official in writing, noting all code
violations and any variations from the approved plans and other
information as required on forms prescribed or approved by the City -of
AI^wpeFt BeaGh.
Each person applying for listing/registration as a special inspector for the
City of Newport BeaGh 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 Chie# 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 resolution
adopted bV the City Council Fee Result , payable with the application.
A registration card shall be issued to each such special inspector who
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qualifies. A renewal fee as set forth in the resolution adopted by the City
Council Fee Resole tieR for each classification shall be charged OR jufy
ist of each year thereafter at which time the special inspector may be
subject to re-examination.
The Chie# Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set
forth the time and place evidence would be submitted to show cause why
the certificates of registration should not be revoked. Failure to appear at
such hearing by the special inspector may result in immediate revocation
of said certificates. Special inspector's qualification registrations are to be
given only for special inspections required in Chapter 17 of the California
Building Code or for work specifically authorized by the Chief Building
Official.
The registered design professional in responsible charge and engineers
of record involved in the design of the project are permitted to act as the
approved agency and their personnel are permitted to act as the special
inspector for the work designed by them, provided they are approved by
the Chief Building Official and qualify as special inspectors.
Section 15.04.150 Amendment to Section 1905.1.7Reserved.
MrH-WE �Titi=�ii/it�lfeTi[�ZdTTlf�ail�i���7^.T�:*:11:■:l�f:n . E7:TT.RP1.
Section 4: Chapter 15.05 (Residential Code) of the Newport
Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.05_
RESIDENTIAL
CODE
RESIDENTIAL CODE
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15.05.010
Adoption of the California Residential Code.
15.05.020
Amendment to Section R101.1.
15.05.030
Reserved.
15.05.040
Deletion of Sections R102 through R114.
15.05.050
Addition of Sections R115.
15.05.060
Deletion of Section R301.1.1.1.
15.05.070
Amendment to Section R301.1.3.
15.05.080
Amendment to Table R301.2.
15.05.090
Amendment to Table R301.2 Footnote q.
15.05.100
Amendment to Section R301.2.4.
15.05.110
Amendment to Section R317.3.
15.05.120
Reserved.
15.05.130
Reserved.
15.05.140
Reserved.
15.05.150
Reserved.
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15.05.160 Reserved.
15.05.170 Reserved.
15.05.180 Deletion of Section R309.
15.05.190 Amendment to Section R308.1.
15.05.200 Amendment to Section R306 with the Addition of Newport
Beach Municipal Code Chapter 15.50, Floodplain Management.
15.05.210 Reserved.
15.05.220
Reserved.
15.05.230
Addition to Section R341.
15.05.240
Amendment to Section R401.4
15.05.250
Reserved.
15.05.260
Amendment to Section R405.1.
15.05.270
Reserved.
15.05.280
Reserved.
15.05.290
Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20222025 Edition of the California Residential Code including Appendix
A#BF, and all national codes and standards referenced therein, based on the 20212024
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 20222025 California Residential Code, printed in
code book form, shall be kept on file in the office of the Building Official pursuant to Health
and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.05.020 Amendment to Section R101.1.
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential
Code for One- and Two-family Dwellings of Newport Beach and shall be
cited as such and will be referenced to herein as "this code."
Section 15.05.030 RESERVEDReserved..
Section 15.05.040 Deletion of Sections R102 through R114.
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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 Addition of Sections R115.
Section R115 is added to read as follows:
SECTION R115 - Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as
adopted under section 15.14 of the Newport Beach Municipal Code shall
be the applicable code.
Section 15.05.060 Deletion of Section R301.1.1.1.-
Section 15.05.060 is amended to read as follows:
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 —Design. Where a building of
otherwise conventional construction contains structural elements
exceeding the limits of Section R301 or otherwise not conforming to this
code, these elements shall be designed in accordance with accepted
engineering practices. -The extent of such design need only demonstrate
compliance of nonconventional elements with other applicable provisions
and shall be compatible with the performance of the conventional framed
system. -Engineered design in accordance with the California Building
Code is permitted for buildings and structures and parts thereof, included
in the scope of this code.
R301.1.3.1 California ncensed archTtectLicensed Architect or
er ineerEngineer. When any previ erg op rtion of any structure deviates
from substantial compliance with conventional framing requirements for
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wood frame construction found in this code, the Chief Building Official
shall require the construction documents to be approved and stamped by
a California licensed architect or engineer for that irregular or
nonconforming portion of work. Notwithstanding other sections of law, the
law establishing these provisions is found in California Business and
Professions Code SeEtienSections 5537 and 6737.1.
R301.1.3.2 Wood frame structures rare»}orFrame Structures Greater
than *gar^-stornesTwo-Stories. The Chie# Building Official shall require
construction documents to be approved and stamped by a California
licensed architect or engineer for all dwellings of a --wood frame
construction of more than two stories in height or having a basement.
Notwithstanding other sections of law, the law establishing these
provisions is found in California Business and Professions Code
SectieeSections 5537 and 6737.1.
R301.1.3.3 Structures other than wood frameWood Frame. The Chie#
Building Official shall require floor, wall or roof -ceiling structural elements
in dwellings designed of cold formed steel, concrete, and masonry
prescribed by this code to be approved and stamped by a California
licensed architect or engineer. Notwithstanding other sections of law, the
law establishing these provisions is found in California Business and
Professions Code SeGtieeSections 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Table R301.2 is amended by completing the table to read as follows:
TABLE R301.2
GROUND
SNOW
LOAD*
WIND DESIGN
SUBJECT TO DAMAGE FROM
Frost
Weatlledng' line tlepth° Termite`
ICE BARRIER
UNRERUIRED' T
REQUIRED'
FLOOD
HAZARDS.
AIR
FREEZING
INDEIC
MEANANNU
ALTEMp
Speed°
(mph)
To hiC
-ogre-
.trade'
Special
wind region'
YVGris wne
rbbda zone•
SEISMIC DESIGN
CA�GORYr
ZERO
95
NO
NO
NO
De, D„ D„ OR E
NEGLIGIBLE
NA
VERY HEAVY
NO
SEE FOOTNOTE-
0
60.7
MANUAL J DESIGN CRIIEWA•
Altitude
evatron
correction
factor`
wet bulbtemperature
designbulb
dry-bulb temperature
dry-bulb temperature
°g emper urecliff
ference
10 FEET
1.0
67
70
70
43
300
Latitude
Daily range
Indoor summer
design relative
humidity
Indoor summer
design relative
humidity
Indoor summer design
dry-bulb tam perature
Outdoor summer design
dry-bulb temperature
Cooling temperature dif-
ference
33.606
1 12
1 50
50
75
80
15°
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TABLE R301.2
ri �uerir wun r_!r _l;a nuu� r�ec....-e.r�e..
GROUND
WND DESIGN
SUBJECT TO DAMAGE FROM
ICE BARRIER
AIR
Speed°
Topograpbic
Special
VAndbome
t7E$IGN
CATEGORY'
SNOWSEISMIC
LOAD'
Weatherin Frost Termite°
9'
UNDEREAYMENT
FLOOD
HAZ.ARDS�
FREEZING
MEANANNU
ALTEMPJ
(mph)
etreus'
wind region
debris zone'
line depth°
REQUIRED"
INDEX'
ZERO
95
NO
NO
NO
Do, D„ D,, ORE
INEGLIGIBLE1
NA
VERY HEAVY
NO
SEEFOOTNOTE9
0
60.7
MANUAL J DESIGN CRrrERIA°
Altitude
Indoor winter
Elevation
correction
Coincident
design d
Indoor winter design
Outdoor winter designHeating
temperature dif-
factor'
wet bulb
temperature
ratare
dry-bulb temperature
dry-bulb temperature
ference
10 FEET
1.0
67
70
70
43
30°
Indoor summer
Indoor summer
Latitude
Daily range
design relative
design relative
indoor summer design
Outdoor summer design
Coolie g temperature dif-
humidity
humidity
dTY-bulb temperature
dry-bulb temperature
ference
33.608
12
5p
50
75
80
15°
Section 15.05.090 Amendment to Table R301.2 Footnote g.
Table R301.2 footnote g is amended to read as follows:
Section Table R301.2 Footnote g. —Refer to the National Flood
Insurance Program (NFIP) as printed by the Federal Emergency
Management Agency's Flood Insurance Rate Map (FIRM) dated March
21, 2019; Flood Insurance Study (FIS Profile) effective date of revision:
March 21, 2019; Community number: 060227; Map: 06059; Panels: 264,
267, 268, 269, 286, 288, 289, 377, 381, 382,-384, 401, 402, 403, 404,
406 and 408; Suffix "K"; Initial NFIP map date: March 15,1974; and Initial
FIRM date: September 1, 1978.
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 constriin+°^„Construction. Buildings and
structures constructed in whole or in part in flood hazard areas ` Rclyding
n „r V Zones) as established in Table R301.2, and substantial
improvement and rec+,��repair of substantial damage of buildings and
structures located in whole or in part in flood hazard areas, shall be
designed and constructed in accordance with the city of Newport Ro�/+h
Municipal rondo I !lODP nlnl
Chapter 5.5 , C
nn NAGEMENTFloodplain Management, and Section R322R306.
Buildings and structures that are located in more than one flood hazard
area, including A Zones, Coastal A Zones and V Zones, 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
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shall be designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate prov+s0onsProvisions. As an alternate to the
requirements in Section R322R306 and the Gity „f nio,.,pert Beach
MyniGipal 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 R309R317.3.-
Section R309R317.3 is amended to read as follows: -
Section R309R317.3 Flood hazard areas. For bull iRgsHazard Areas. Garages
and carports located in flood hazard areas as established by Table R301.2, garage
fleers shall be:
Elevated -te or above the-�'�yn f-„ood-elevation as dete��ed
constructed in accordance with Section R322 and -the G ty of Newport
Benda MuniGipal Gede-306R306 and Chapter 15.50, Floodplain
Management.
ON!1 I r
Section 15.05.120 RESERVED Reserved.
Section 15.05.130 RESERVED Reserved.
Section 15.05.140 RESERVED Reserved.
Section 15.05.150RESERVED Reserved.
Section 15.05.160 RESERVED Reserved.
Section 15.05.170 RESERVED Reserved.
Section 15.05.180 Deletion of Section R313. R309.
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Section R31315.05.180 is amended to read as follows:
Section R309 is deleted in its entirety and replaced by California Building
Code Section 903.2.8 as amended in Section 15.04.090.
Section 15.05.190 Amendment to Section R319R308.1.
Section R319R308.1 is amended to read as follows:
Section R319111308.1 Address Identification. Buildings
shall be provided with approved address identification. The address
identification shall be legible and placed in a position that is visible from
the street or road fronting the property, and alley if adjacent to the
property. —Address identification characters shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical
letters. -Numbers shall not be spelled out. -Each character shall be not
less than four 4) inches (102 mm) in height with a stroke width of not less
than 0.5 inch (12.7 mm). Where required by the fire code official, address
identification shall be provided in additional approved locations to
facilitate emergency response. -Where access is by means of a private
road and the building address cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the
structure. -Address identification shall be maintained.
Section 15.05.200 Amendment to Section R322R306 with the Addition of the City
of -Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R32215.05.200 is amended to read as follows:
Section R306 is amended to include the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
Section 15.05.210 RESERVEDReserved.
., .-D.
thrQYgh ... .
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Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling
units including those separating adjacent townhouse units shall provide
air -borne sound insulation for walls and both air -borne and impact sound
insulation for floor -ceiling assemblies per Section 1206 of the 20222025
California Building Code, Title 24, Part 2.
Section 15.05.240 Amendment to Section R401.4.
Section 15.05.240 is amended to read as follows:
Section R401.4 is deleted in its entirety and replaced by California
Building Code Section 1803 Geotechnical Investigations.
Section 15.05.250 Defet+en of SeE*aR404. Reserved.
Section 15.05.260 Amendment to Section R405.1.
Section R405.1 is amended by adding Exceptions to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on
well- drained ground or sand -gravel mixture soils according to the
Unified Soil Classification System, Group I Soils, as detailed in Table
R405.1.
2. A foundation drainage system is not permitted for basement walls
extending below high tide of the Newport Bay water elevation.
Section 15.05.270 RESERVEDReserved.
Section 15.05.280 RESERVEDReserved.
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Section 15.05.290 Amendment to Section R902.
Section 15.05.290 is amended to read as follows:
Section R902 is deleted in its entirety and replaced by California Building
Code Section 1505 as amended in Newport Beach Municipal Code
Sections 15.04.110 through 15.04.120.
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.06_
ELECTRICAL
15.06.010 Adoption of the California Electrical Code.
15.06.020 QES€RV€BReserved.
15.06.030 RESERVEDReserved.
15.06.040 Amendment to Article 358.10(A).
15.06.050 Amendment to Article 358.10(B).
Section 15.06.010 Adoption of the California Electrical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20222025 Edition of the California Electrical Code based on the 2-0202023
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 20222025 California Electrical Code, printed in code book
form, shall be kept on file in the office of the Building Official pursuant to California Health
and Safety Code Section 18942(e)(1) and made available for public inspection.- All
administrative provisions including enforcement, permit process, fees, and inspections
for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Reserved.
Section 15.06.030 Reserved.
Section 15.06.040 Amendment to Article 358.10(A).
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Article 358.10(A) is amended to read as follows:
f8L(AY-Exposed and Concealed.— The use of EMT shall be
permitted for concealed work only.
Section 15.06.050 Amendment to Article 358.10(B)
Article 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) (B)Corrosive Environments.
() Galvanized Steel and Stainless Steel EMT, Elbows,
and Fittings. Galvanized steel, stainless steel, and red brass
EMT elbows, couplings, and fittings shall be permitted to be
installed in concrete, or in areas subject to severe corrosive
influences where protected by corrosion protection and judged
suitable for the condition.
(2) (2)Supplementary Protection of Aluminum EMT.
Aluminum EMT shall be provided with approved supplementary
corrosion protection where encased in concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport
Beach Municipal Code is deleted in its entirety and amended to read as follows:
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
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section, the 20222025 Edition of the California Mechanical Code, based on the 20212024
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 2-0222025 California Mechanical Code printed in code
book form shall be kept on file in the office of the Building Official pursuant to California
Health and Safety Code Section 18942(e)(1) and made available for public inspection.
All administrative provisions including enforcement, permit process, fees, and inspections
for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. -Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Chief Building
Official shall have the authority to grant modifications for individual cases,
upon application of the owner or owner's representative, provided the
Chief Building Official shall first find that special individual reason makes
the strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or
structural requirements. -The details of action granting modifications shall
be recorded and entered in the files of the Building Division.
Section 15.07.030 Amendment of Section 107.1.
Section 107.1 is amended in its entirety to read as follows:
Section 107.1 GeneraTAppeals. Appeals of the Chie# Building Official decision shall be
pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of
Appeals._
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.08
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-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 20222025 Edition of the California Plumbing Code, including Appendix
Chapters A and C, based on the 2-0212024 Uniform Plumbing Code as published by the
International Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the "Newport Beach
Plumbing Code...." A copy of the 20222025 California Plumbing Code, including Appendix
Chapter A and C, printed in code book form, shall be kept on file in the office of the
Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and
made available for public inspection.- All administrative provisions including enforcement,
permit process, fees, and inspections for these chapters are contained in the
Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications. -Whenever there are practical difficulties
involved in carrying out the provisions of this code, the Chief Building
Official shall have the authority to grant modifications for individual cases,
upon application of the owner or owner's representative, provided the
Chief Building Official shall first find that special individual reason makes
the strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or
structural requirements. -The details of action granting modifications shall
be recorded and entered in the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
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Section 107.1 is amended in its entirety to read as follows:
Section 107.1 GeneraTAppeals. Appeals of the Building Official
decision shall be pursuant to Newport Beach Municipal Code Chapter
15.80, Building and Fire Board of Appeals.
Section 8: Chapter 15.09 (Resod ential1nternationaI Swimming
Pool and Spa Code) of the Newport Beach Municipal Code is deleted in its entirety and
amended to read as follows:
Chapter 15.09
RESIDENTIALINTERNATIONAL SWIMMING POOL AND SPA CODE
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15.09.010
Adoption of the International Pool and Spa Code.
15.09.020
Amendment to Section 101.1.
15.09.030
Amendment to Section 101.2.
15.09.040
Deletion of Sections 102 through 114.
15.09.050
Amendment to Section 201.3.
15.09.060
Amendment and Addition to Section 202.
15.09.070
Amendment to Section 301.
15.09.080
Amendment to Section 302.1.
15.09.090
Amendment to Section 302.2.
15.09.100
Amendment to Section 302.5.
15.09.110
Amendment to Section 302.6.
15.09.120
Amendment to Section 303.1.
15.09.130
Deletion of Sections 303.1.1 through 303.3.
15.09.140
Deletion and Replacement of Section 304.2.
15.09.150
Amendment to Section 305.1.
15.09.160
Rename and Amendment to Section 305.2.
15.09.170
Amendment to Section 305.2.1 Item 1.
15.09.180
Deletion and rename Section 305.2.4.1.
15.09.190
Deletion and rename Section 305.2.5.
15.09.200
Amendment to Section 305.3.3
15.09.210
Amendment to Section 305.4.
15.09.220
Amendment to Section 305.5 Items 1 and 2.
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15.09.230
Amendment to Section 306.1.
15.09.240
Amendment to Section 306.4.
15.09.250
Amendment to Table 306.5.
15.09.260
Amendment to Section 306.9.1.
15.09.270
Amendment to Section 307.1.1.
15.09.280
Amendment to Section 307.1.4.
15.09.290
Amendment to Section 307.1.5.
15.09.300
Amendment to Section 307.2.2.
15.09.305
Amendment to Section 311.1 Exception #2.
15.09.310
Amendment to Section 317.4.
15.09.320
Amendment to Section 317.6.1.
15.09.330
Amendment to Section 319.2.
15.09.340
Amendment to Section 321.1.
15.09.350
Deletion of Sections 321.2 and 321.3.
15.09.360
Amendment to Section 322.
15.09.370
Deletion and rename Chapter 4.
15.09.380
Deletion and rename Chapter 5.
15.09.390
Deletion and rename Chapter 6.
15.09.400
Amendment to Section 703.1.
15.09.410
Amendment to Section 802.1.
15.09.420
Amendment to Section 802.2.
15.09.430
Amendment to Section 901.2.
15.09.440
Add Section 903.
15.09.450
Add Section 904.
15.09.460
Add Section 905.
15.09.470
Add Section 906.
15.09.480
Add Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20212024 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
The various parts of these codes and standards, along with the additions, amendments,
and deletions adopted in this section, shall constitute and be known as the "Newport
Beach Residential Swimming Pool and Spa Code...." A copy of the 20212024 International
Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the
office of the Building Official pursuant to California Health and Safety Code Section
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18942(e)(1) and made available for public inspection.
Section 15.09.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential
Swimming Pool and Spa Code of Newport Beach and shall be cited as
such and will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, renovation, replacement, repair and
maintenance of residential pools and spas. The pools and spas covered
by this code are either permanent or temporary and shall be only those
that are designed and manufactured to be connected to a circulation
system and that are intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 114.
Section 15.09.040 is amended to read as follows:
Sections 102 through 114 are deletedDeleted in their 84FetyEntirety.
All administrative provisions including enforcement, permit process, fees,
and inspections for these chapters are contained in the Newport Beach
Municipal Code under Chapter 15.02, Administrative Code.
Section 15.09.050 Amendment to Section 201.3.
Section 201.3 is amended to read as follows:
Section 201.3 Terms de#inedDefined in other ems. Codes. Where
terms are not defined in this code and are defined in the California Building
Code, California Energy Code, California Fire Code, California
Mechanical Code, California Plumbing Code or California Residential
Code, such terms shall have the meanings ascribed to them as in those
codes.
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Section 15.09.060 Amendment and addmtoonAddition to Section 202.
Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL
definitions are amended apAto add PRIVATE POOL and SWIMMING POOL OR SPA
definitions to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any
constructed pool, permanent or portable, that is intended for
noncommercial use as a swimming pool by not more than three owner
families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private
pool.
PRIVATE POOL. See Residential Pool.
SWIMMING POOL OR SPA. Any structure intended for swimming or
recreational bathing that contains water over eighteen 18) inches deep.
"Swimming pool" includes in- ground and aboveground structures and
includes, but is not limited to, hot tubs, spas, portable spas, and
nonportable wading pools.
Section 15.09.070 Amendment to Section 301.
Section 301 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the
general design and construction of residential pools and spas and related
piping, equipment, and materials. Provisions that are unique to a specific
type of residential pool or spa are located in Chapters 7 through 10.
Section 301.1.1 Application of Chapters 7 through 10. Where
difference occur between the provisions of this chapter and the provisions
of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall
apply.
Section 301.1.2 Conflicts. In the event of a conflict between the
provisions of the Swimming Pool Safety Act, this code, the 2022 Calif.,rr,io
Building CodeNewport Beach, or the 2-022ra'aNewport Beach
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Residential Code, the Building Official shall implement the most restrictive
measures cited.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with
California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 WaterservmGeServiceand dram nageDrainage. Piping
and fittings used for water service, makeup and drainage piping for pools
and spas shall comply with the California Plumbing Code. Fittings shall
be approved for installation with the piping installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5 Backflow protectionProtection. Water supplies for pools
and spas shall be protected against backflow in accordance with the
California Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater d:s�geDischarge. Where wastewater
from pools or spas, such as backwash water from filters discharge to a
building drainage system, the connection shall be through an air gap in
accordance with the California Plumbing Code.
Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
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Section 303.1 Energy consumpti Consumption of peefsPools and
permanent spa Permanent Spas. The energy consumption of pools and
permanent spas shall comply with the California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Section 15.09.130 is amended to read as follows:
Sections 303.1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Deletion and replacernen*Replacement of Section 304.2.
Section 304.2 is deleted in its entirety and replace wit replaced as follows:
Section 304.2 Floodplain Construction.- Pools and spas constructed in
special flood hazard areas shall comply with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management. -
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows:
Section 305.1 General. The provisions of this section shall apply to the
design of barriers for restricting the public from entry into areas having
pools and spas.
Section 15.09.160 Rename and Amendment to Section 305.2.
Section 305.2 is renamed and amended to read as follows:
Section 305.2 Swimming peefsPools and spas. Spas. Pools and spas
shall be surrounded by a permanent barrier that complies with Sections
305.2.1 through the end of Section 305. In addition, two drowning
prevention safety features are required and must comply with Section
3109.2 of the California Buildina Code.
Section 15.09.170 Amendment to Section 305.2.1 Item 1.
Section 305.2.1 Item 1 is amended to read as follows:
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1. The top of the barrier shall be not less than sixty 60) inches above
grade where measured on the side of the barrier that faces away from
the pool or spa. -Such height shall exist around the entire perimeter of
the barrier and for a distance of three 3) feet measured horizontally
from the outside of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4.1.
Section 305.2.4.1 is deleted in its entirety and renamed to read as follows:
Section 305.2.4.1 Reserved.
Section 15.09.190 Deletion and rename Section 305.2.5
Section 305.2.5 Reserved.
Section 15.09.200 Amendment to Section 305.3.3.-
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latch release. Release. Where the door or gate latch
release mechanism of the self -latching device is located less than sixty
k60) inches from grade, the release mechanism shall be located on the
pool or spa side of the gate not less than three 3) inches below the top
of the gate, and the gate and barrier shall not have openings greater than
1/2 inch within eighteen 18) inches of the release mechanism.
Section 15.09.210 RESERVEDAmendment to Section 305.4.
Section 305.4 is amended to read as follows:
Where a wall of a dwelling or structure serves as part of the barrier and
where doors, gates or windows provide direct access to the pool or spa
through that wall, one of the following shall be required. Any of the items
listed below may be counted as one of the required drowning prevention
safety features, provided they comply with Section 3109.2 of the
California Buildina Code.
Section 15.09.220 Amendment to Section 305.5 Items 1 and 2.
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Section 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall
is on grade, the top of the wall is not less than 60 inches above
grade for the entire perimeter of the pool, the wall complies with the
requirements of Section 305.2 and the pool manufacturer allows the
wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the
barrier is not less than sixty 601 inches above grade for the entire
perimeter of the pool, and the wall and the barrier on top of the wall
comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks
around pools and spas shall be in accordance with the California
Residential Code or the California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck stems handrail requirodSteps Handrail Required.
Pool and spa deck steps having three or more risers shall be provided
with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
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TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
�
t
Exposed assreortte
14
t
Travertine brick -Set paverspublic pools or Sp85
33
TI'avertine IJI'Ick-Set pavcrs. rezidentlal pooLS or Spas
is
Wood
3
Wood plastic coniposite
is
For 5L I uuh = 25.4 mm. 1 foot = 304.9 mm.
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE
MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Exposed aggregate
14
Texnued. hand -finished confrere
s
TraveI'tine brick -Set pavers, puUhe pools oI' Spa5
33
TI'aveI'tine brick -Set p vet ,. reSldeIitial FOOlS 01' SF tS
t s
Wood
3
Wood plastic composire
3
For SL I inch = 15 4 mm_ 1 foot = 304 8 mm
Section 15.09.260 Amendment to Section 306.9.1.-
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose bmbbsBibbs. Hose bibbs shall be provided for
rinsing down the entire deck and shall be installed in accordance with the
California Plumbing Code.
Section 15.09.270 Amendment to Section 307.1.1.-
Section 307.1.1 is amended to read as follows:
Section 307.1.1 Glazing in hazardous location-s. Hazardous
Locations. Hazardous locations for glazing shall be as defined in the
California Building Code or the California Residential Code, as applicable.
Where glazing is determined to be in a hazardous location, the
requirements for the glazing shall be in accordance with those codes, as
applicable.
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Section 15.09.280 Amendment to Section 307.1.34.
Section 307.1.34 is amended to read as follows:
Section 307.1.34 Roofs or canopieeCanopies. Roofs or canopies over
pools and spas shall be in accordance with the California Building Code
or California Residential Code, as applicable, and shall be constructed so
as to prevent water runoff into the pool or spa.
Section 15.09.290 Amendment to Section 307.1.45.
Section 307.1.45 is amended to read as follows:
Section 307.1.45 Accessibility. An accessible route to pools and spas
of new common use areas serving covered multi -family dwellings shall be
provided in accordance with the Chapter 11A of California Building Code.
Accessibility within pools and spas shall be provided as required by
Chapter 11A of California Building Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and structural design.Structural Design.
Pools and spas shall conform to one or more of the standards indicated
in Table 307.2.2. The structural design of pools and spas shall be in
accordance with the California Building Code.. or the California
Residential Code.
Section 15.09.305 Amendment to Section 340311.1 Exception #2.
Section 34-0311.1 Exception #2 is amended to read as follows:
2. 2—.Wading pools shall not have suction outlets. -Skimmers or overflow
gutter shall be installed and shall accommodate one hundred (100)
percent of the circulations system flow rate.
Section 15.09.310 Amendment to Section 3U317.4.
Section 346317.4 is amended to read as follows:
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Section 346317.4 Installation. Heaters shall be installed in accordance
with the manufacturer's specifications and the California Plumbing Code,
California Mechanical Code, California Energy Code, California Electrical
Code, as applicable. Solar thermal water heaters shall be installed in
accordance with Section 316.6.
Section 15.09.320 Amendment to Section 3U317.6.1.
Section 346317.6.1 is amended to read as follows:
Section 346317.6.1 Installation. Solar thermal water heaters shall be
installed in accordance with the California Mechanical Code.
Section 15.09.330 Amendment to Section 3U319.2.
Section 348319.2 is amended to read as follows:
Section 348319.2 Protection of potable —water sapp! Potable Water
Supply. Potable water supply systems shall be designed, installed and
maintained so as to prevent contamination from nonpotable liquids, solids
or gases being introduced into the potable water supply through cross -
connections or other piping connections to the system. Means of
protection against backflow in the potable water supply shall be provided
through an air gap complying with ASME Al12.1.2 or by a backflow
prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section M321.1.
Section 32-0321.1 is amended to read as follows:
Section 320321.1 Backwash waterWater or draining water. Draining
Water. Wastewater from any filter, scum filter, scum gutter, overflow, pool
emptying line, or similar apparatus shall discharge into an approved type
of receptor and subsequently into a public sewer. The flood level rim of
such receptor shall be at least six 6) inches above the Design Flood
Elevation indicated in the Flood Insurance Rate Map as printed by
the Federal Emergency Management Agency's Flood Insurance Rate
Map (FIRM). _ Direct connections shall not be made between the end of
the backwash line and the disposal system. Drains shall discharge
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through an air gap.
Section 15.09.350 Deletion of Sections =321.2 and =321.3.
Section 15.09.350 is amended to read as follows:
Sections 320321.2 and 320.2321.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 324-322.
Section -324322 is deleted in its entirety and replace with the following:
Section 324322.1 General. -The provision of Section 324322.2 shall
apply to lighting for residential pools and spas.
Section 324322.2 Residential poolPool and deck
Illumination. Where lighting is installed for, and in, residential pools and
permanent residential spas, such lighting shall be installed in accordance
with California Electrical Code.
Section 15.09.370 Deletion and Rename of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion and Rename of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion and Rename of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows:
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Section 703.1 General. -Decks provided by the pool manufacturer shall
be installed in accordance with the manufacturer's instructions. Decks
fabricated on -site shall be in accordance with the California Residential
Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
Section 802.1 Materials of comMonen Components and
accessornes. Accessories. The materials of components and
accessories used for permanent inground residential swimming pools
shall be suitable for the environment in which they are installed. The
materials shall be capable of fulfilling the design, installation and the
intended use requirements in the California Residential Code.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural des+gnDesign. The structural design and
materials shall be in accordance with the California Building Code. -
Section 15.09.430 Amendment to Section 901.2.
Section 901.2 is amended to read as follows:
Section 901.2 General. -In addition to the requirements of this chapter,
residential spas and residential exercise spas shall comply with the
requirements of Chapter 3.
Section 15.09.440 Add Section 903.
Section 903 is added as follows:
Section 903 MATERIALS.
903.1 Pumps and motors. Motors. Pumps and motors shall be listed
and labeled for use in spas.
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Section 15.09.450 Add Section 904.
Section 904 is added as follows:
Section 904 STRUCTURE AND DESIGN
904.1 904.1 Water depthDepth. The maximum water depth for spas
shall be four 4) feet measured from the design waterline. -The water
depth for exercise spas shall not exceed six(6) feet- six 6) inches
measured from the design waterline.
904.2 9042Multilevel seatingSeating. Where multilevel seating is
provided, the maximum water depth of any seat or sitting bench shall be
twent 28) inches measured from the design waterline to the lowest
measurable point._
904.3 9043 Floor slopeSlope. The slope of the floor shall not exceed
one(1) unit vertical in twelve 12) units horizontal (8.3-percent slope).
Where multilevel floors are provided, the change in depth shall be
indicated.
Section 15.09.460 Add Section 905.
Section 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 905.1 Return fittin ]sFittings. Return fittings shall be provided
and arranged to facilitate a uniform circulation of water and maintain a
uniform sanitizer residual throughout the entire spa or exercise spa.
905.2 905.2Suction fittings . Suction fittings shall be in
accordance with Sections 905.2.1 through 905.2.4.
905.2.1 Testing and certificati ^.Certification. Suction fittings
shall be listed and labeled in accordance with APSP 16.
905.2.2 °A�..2Installation. Suction fittings shall be sized and
installed in accordance with the manufacturer's
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specifications. -Spas and exercise spas shall not be used
or operated if the suction outlet cover is missing,
damaged, broken or loose.
905.2.3 905.2.3 Outlets per pumpPer Pump. Suction fittings
shall be provided in accordance with Section 310.
905.2.4 905.2.4Submerged vacuumfittingsVacuum Fittings.
Submerged vacuum fittings shall be in accordance with
Section 310.
Section 15.09.470 Add Section 906.
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 906.1 General. This section pertains to fuel -fired and electric
appliances used for heating spa or exercise spa water.
906.2 °^Water temperature —Eon *Temperature Controls.
Components provided for water temperature controls shall be suitable for
the intended application.
906.2.1 Water temperature regulating „troll Temperature
Regulating Controls. Water temperature regulating
controls shall comply with UL 873 or UL 372. A means
shall be provided to indicate the water temperature in the
spa.
Exception: Water temperature regulating controls that are integral to
the heating appliance and listed in accordance with the applicable
end use appliance standard.
906.2.2 Water temperature limiting controllsTemperature
Limiting Controls. Water temperature limiting controls
shall comply with UL 873 or UL 372. Water temperature at
the heater return outlet shall not exceed 140°F (60°C).
Section 15.09.480 Add Section 907.
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Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water temperatureTemperature. The temperature of the
incoming makeup water shall not exceed 104°F (400C).
Section 9: Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Se�sSection:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Standards. -
Section 15.11.010 Adoption of the- California Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 28222025 Edition of the California Green Building Standards Code.
The various parts of this Gedecode, along with the amendments and deletions adopted
in this section, shall constitute and be known as the "Newport Beach Green Standards
Code—.." A copy of the 20222025 California Green Standards Code shall be kept on file
in the office of the Building Official pursuant to California Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 10: Chapter 15.13 (Historical Building Code) of the Newport
Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Sections Section:
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.
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The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20222025 Edition of the California Historical Building Code, California Code
of regulatiORs Title 4 CCR 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 20222025 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the Building
Official pursuant to California Health and Safety Code Section 18942(e)(1) and made
available for public inspection.
Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Se�sSection:
Chapter 15.14-
EXISTING BUILDING CODE
15.14.010- Adoption of California Existing Building Code.
Section 15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 20222025 Edition of the California Existing Building Code, California Code
ofRegulationsTitle 2414 CCR Part 10, Appendix A, ChapterChapters 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 20222025 California Existing
Building Code, printed in code book form, shall be kept on file in the office of the Building
Official pursuant to California Health and Safety Code Section 18942(e)(1) and made
available for public inspection.
Section 12: Chapter 15.17 (Energy Code) of the Newport Beach
Municipal Code is deleted in its entirety amended and renamed as follows:
Chapter 15.17-
ENERGY CODE
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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 20222025 Edition of the California Energy Code,
Regulatiens Title-24, Pa 24 CCR 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 20222025 California Energy Code, printed
in code book form, shall be kept on file in the office of the Building Official pursuant to
California Health and Safety Code Section 18942(e)(1) and made available for public
inspection.
Section 13: Portions of Chapter 15.1 (EIIeG r G VemGIIe Charging Stations)
the Aleut„ert Beach Muni^i„aI Code are amended as follows;•
.. 1
•
propertythe ability of
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111111
ow. 01111 swwwiml
lillll�
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gtv
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21-131
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SeEtiGn 14! Portions of Chapter- 15.50 (Floodplain Management) of the
Newport Beach Municipal Code are amended as follows:
Section 15.50.050 Amendment to Section 15.50.050 Definitions.
Section 15.50.050 is hereby amended to ad-dmodify the following de{isdefinition:
"Substantial Improvement" Any one or more or any combination of repair
reconstruction, rehabilitation, alteration, addition or other improvement of
a building or structure taking place during a ten (10) year period, the
cumulative cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the improvement or repair is started. For
each building or structure, the ten (10) year period begins on the date of
the first permit issued for improvement or repair of that building or
structure subsequent to December 31, 2025. If the structure has
sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term
does not, however, include either:
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary or safety code specifications which
have been identified by a Code Enforcement Officer and which are the
minimum necessary to assure safe livina conditions: or
2. Any alteration of a historic structure; provided that the alteration will
not preclude the structure's continued designation as a historic
structure.
Section 15.50.130 Amendment to 15.50.130 Designation of the Floodplain
Administrator.
Section 15.50.130 is amended to read as follows:
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The City Manager or their designated representative is hereby appointed
to administer, implement and enforce this chapter by granting or denying
development permit applications in accordance with its provisions. The
Floodplain Administrator shall also:
A. Take action to remedy violations of this chapter;
B. Complete and submit a biennial report to Federal Emergency
Management Agency; and
C. Assure the communitv's General Plan is consistent with floodolain
management objectives.
Section 15.50.135 Amendment to 15.50.135 Permit Review.
Section 15.50.135 is amended to read as follows:
The Floodplain Administrator or their designated representative shall
review all development permits to determine:
A. Permit requirements of this chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
B. All other required state and federal permits have been obtained;
C. The site is reasonably safe from flooding;
D. The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. This means that the
cumulative effect of the proposed development when combined with
all other existing and anticipated development will not increase the
water surface elevation of the base flood more than one foot at anv
point; and
E. All Letters of Map Revisions for flood control projects are approved
prior to the issuance of building permits. Building permits must not be
issued based on Conditional Letters of Map Revision. Approved
Conditional Letters of Maa Revision allow construction of the
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proposed flood control project and land preparation as specified in the
"start of construction" definition.
Section 15.50.140 Amendment to 15.50.140 Review, Use of Other Base Flood Data.
Section 15.50.140 is amended to read as follows:
When base flood elevation data has not been provided in accordance with
Section 15.50.070, the Floodplain Administrator, or their designated
representative, shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other
source, in order to administer Sections 15.50.200 through 15.50.250.
Section 15.50.145 Amendment to 15.50.145 Development of Substantial
Improvement and Substantial Damage Procedures.
Section 15.50.145 is amended to read as follows:
The Floodplain Administrator shall:
A. Answer to questions about substantially damaged buildings, develop
detailed procedures for identifying and administering requirements
for substantial improvement and substantial damage to include
definina "current value of the structure."
B. Assure procedures are coordinated with other departments/divisions
and implemented by community staff.
Section 15.50."l60 Amendment to 15.50.160 Notification of Other Agencies.
Section 15.50.160 is amended to read as follows:
A. Alteration or Relocation of a Watercourse. The Floodplain
Administrator or their designated representative shall:
1. Notify adjacent communities and the California Department of
Water Resources orior to alteration or relocation:
2. Submit evidence of such notification to the Federal Emeraen
Management Agency;
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3. Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
B. Base Flood Elevation" Elevation of flooding, in ..jinn Changes
Due to Physical Alterations. The Floodplain Administrator or their
designated representative shall:
1. Within six months of information becoming available or project
completion, whichever comes first, submit or assure that the permit
applicant submits technical or scientific data to Federal Emergency
Management Agency for a Letter of Map Revision ("LOMR").
2. Verify all LOMRs for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision ("CLOMRs").
Approved CLOMRs allow construction of the proposed flood
control project and land preparation as specified in the "start of
construction" definition. Such submissions are necessary so that
upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management
uirements are based on current data.
C. Changes in Corporate Boundaries. The Floodplain Administrator or
their designated representative shall notify Federal Emergency
Management Agency in writing whenever the corporate boundaries
have been modified by annexation or other means and include a copy
of a map of the community clearly delineating the new corporate limits.
Section 15.50.180 Amendment to 15.50.180 Appeals and Variance Procedure.
Section 15.50.180 is amended to read as follows:
A. The Planning Commission shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator, in the enforcement or
administration of this chapter.
B. The Plannina Commission shall review and decide reauests for
variances. In ruling on such applications, the Planning Commission
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
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1. The danger that materials may be swept onto other lands to the
injury of others;
2. The danaer to life and Droaerty due to floodina or erosion damaae:
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner and
future owners of the property;
4. The importance of the services provided by the proposed facility to
the community;
5. The necessity to the facility of a waterfront location, where
applicable;
6. The availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.The expected heights, velocity duration, rate of rise and sediment
transport of the flood waters and the effects of wave height,having a 1% GhanGe of being equaled or exGeeded in any
given .action, if applicable, expected at the site; and
11.The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electric, water systems, and
streets and bridges.
C. Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiauous to and surrounded by lots with existina
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structures constructed below the base flood level, providing all items
in this chapter have been fully considered. As lot size increases
beyond one-half acre, the technical justification required for issuing
the variance increases.
D�«liecinn Clood �f�\/��i�n» The iJecirrn fl��rJ ��a4i�ri
be used to defineconsildderration of the factors set forth in Section
15.50.190 and the purposes of this chapter, the Planning Commission
may attach conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
E. Those aggrieved by the decision of the Planning Commission may
appeal such decision to the City Council as provided in Title 20. A
member of the City Council may call for review any decision of the
Plannina Commission under this chapter as provided in Title 20.
F. The Floodplain Administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency in the biennial report.
Section 15.50.220 Amendment to 15.50.220 Standards for Development and
Subdivisions.
Section 15.50.220 is amended to read as follows:
All Preliminary development and subdivision proposals shall identify the flood hazard
are1s�t a minir um, the design frr�iwd-elevation shall he the higher of +he
#ollowing
A IIThe base flood elevation at the depth of neakarea and elevation
of flooding, ineludinn wave height, �1that has a _percent (100_y ter
flood) or greater ne of being equaled or evneeded in any
C�l ai��.�vrver��c�cq equaled
given I - plus one foot of freehoardthe base flood.
2.The All final development and subdivision plans will provide the elevation of the
design flood assoGiated with the area designated on a flood hazard map adopted
by the Gommunity, or otherwise legally des innated.proposed structure(s) and
pad(s). If the site is filled
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„.,FTO
=0
s
;,
r
VERMIN,
Min
a
In all areas of special Fleur! hazards,
special
all new nons�n�n,
all substantial
substantial
,T,--Rn ".
-Q„�T.,��iV„Z G
T-� T
re�odentmal or nonresidentialuse,an
f
manufae�-ed home,
y
shall meet the
1With materials and utility equipment resistant to floor! damage;
7 Using methods and nraGtmGes that minimize floor! damage;
r
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4 Residential GonctruGtien shall have the lowest floor, v�inrludinn hacerent•
a In an Ail Zane, elevated above the highest adjanent grade to a height
LIE�l to i+eE`� or K1���G'�th num
ber snenified in feet on the
�r-�--o�I-
FIRM plus 1_feet of er elevated at least two feet above
f
h In an unnumbered A cone, elevated to or abode the design flood
base flood, the final pad elevation, as determined by the City,
r
r
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crpvTrcompletion rvr the structure,
floor the elevation of the lowest.
incloodinn basement shall be certified by a registered
professional engineer or surveyor, and verified by the community
building inspecter to he properly elevated Such certification or
verification shall he and provided to the Floodplain Administrator.
""'Wo
.............
k-
C. 3. Manufactured Manufactured -All development and
subdivision proposals shall be consistent with the need to minimize
flood damage.
D. All development and subdivision proposals shall have public utilities
and facilities such as sewer, gas, electric and water systems located
and constructed to minimize flood damaae.
E. All development and subdivisions shall provide adequate drainage to
reduce exposure to flood hazards.
A development permit shall be obtained before any construction begins on a development
or a subdivision, including manufactured homes that eia�wie pla red or substantia4y
0 mproved shall be eleviatted to noir�-�bhnwwrpe- tthe base flood elevation and be
seGurely anGh^red to an adequately anGh^red foundation systern to recic�
flotation, n^lliance and lateral movernen+
F. D. Required Submittals. Before Genstrua+�Aegi s—, within any
area of special flood hazards established in Section 15.50.070;
Application for a buildIngdevelopment permit shall be
pursuant to the eanh Administrative Code
made ���ny9���� ,
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adopted in Section SIC. 02 ARIA In addition
} submit
auvFcecr�rr—vcF.� �vrr� .��-r�. C�t��CO�Fwrrrr �
regeion forms furnished by the Newport Beach Administrative
Code, draCity Manager or their designated representative and
shall show the nature,include but not be limited to: plans in duplicate,
drawn to scale showing: the location, dimensions, and elevations of
each c*rtiexistina or proposed structure within the development
or subdivision; existing and proposed grades, and drainage facilities.
Specifically, the following information is required:
1. 4—Proposed locations of water supply, sanitary sewer, and other
utilities;
2. Location of the regulatory floodway when applicable;
3. Base flood elevation; information as specified in Section
15.50.070;
4. Proposed elevation, in relation to North American Vertical Datum
of 1988 ("NAVD"), as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement)
of all structures;
5. Proposed elevation, in relation to NAVD, of the lowest floor
(including basement) of all structures;
6. Proposed elevation, in relation to NAVD, to which any
nonresidential structure will be flood -proofed, as required under
Section 15.50.200(C)(2) and detailed in Federal Emeraencv
Management Agency Technical Bulletin TB 3-93, which Bulletin is
incorporated herein by this reference as though fully set forth;
7. Certification from a registered civil engineer or architect that the
nonresidential floodproofed; building meets the floodproofing
criteria in Section 15.50.200(C)(2)(c);
8. 3--All appropriate certifications listed in Section 15.50.150;
9. 4Description of the extent to which any watercourse will be
altered or relocated as a result of the proposed development;-a-pd
Plans for any walls to be used to enclose space below the base flood levels.
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10. E. Floovvdways. EGroaGh ems, inGlud.ng fill' neir
GonatruGtien, substantial 0mprovemep;;-,s,Ievel; and Othe
development within flood days are prohibited, unless if has
11. Provide certification that all necessary permits have been
den,oetrated to obtained from Federal, State, and local
governmental agencies from which prior approval is required.
NOTE: It is the satisfaGtien of the developer's responsibility to
obtain these approvals.
G. The Floodplain Administrator through hydrologic and hydralin
analysis perforrnedshall:
1. Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
2. Review the developer's certification that all other required State
and certified by a registered Givil en-ineer in aencordance with
standard engin`ering--;rFctiEeFederal permits have been
obtained;
3. Review all development permits to determine that the proposed
eporeaGiment will —development does not result in any
irnGrease in flood levels during o`c;urrepEe-e~-adversely
affect the carrying capacity of areas where base flood
sae -.elevations have been determined but a floodwav has
not been designated;
SeGtien �15 50.2CIA Amendment to Sectien 15 50 210 Standards fer
c�crvrr��� arrrcnrcv— cccrvrr-ry : vv . c-rv— wrraur �vr
iesReview all development permits in
A All new and replacement electrical, heating,ventilation, plurnbinn and aiGonditioning equipment and other servic;e fac;i1ities shall be designed and!Gr
r�rc�rrrc�r-arrcrT"f.'.`.'v crr�
located so as to preventwater f�entering c afing- withinthe
c;omponents during c;onditions of flooding using the following minimum
ree��irerv�entc or similar methoeJc•
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NII WE
Within �' Zones V, v7�n' and VCR r!�"�cCq OntheCI�vC-'wrnd
coastal high hazard �a�ea���r.--r, ��.�-r�as.�-� ,�
FIRM, the following standards shall app4 •
A All new residential and nonresidential
GenstruGtmon, mnG!udmng substantial
improvernentidarnage, and rnanufaGtured
hornes shall be elevated on adequately
that the bottorn the lowest horizontal
the lowest floo
of
(exGluding the and Golumns) is
strucAural members of
elevated to or above the design flood
pilings
elevation. The or c;olurnn foundation
and strucAure attached thereto is
pole
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anchored to resist flotation, collapse,
and lateral movernent due to the effects of
wmnd and water loads acting simultaneously
on all building components. Wate-r
loadiing be those
the base flood. Wand loading
values used shall
shall be those required
values
associated with
by the California Building Code
development be located the landward
used
B. All
new construction and other
cirle of the reach of mean high title
shall on
1-0-1.111:11IM-MINIM
.011MIliffl- NO W.."
Manmade alteratien efarea of the area of special flood
hazard to determine if the proposed development alters sand
dunes whi..h we, so as to increase potential flood damage-
•i
a�rs=e
2. The elevation (on relation to rnean sea level) of the bottorn of the lowest
hhormzontal str Gtural member ofthe lowest floor (exr1uding pilingsoT
columns) of all new and substantially improved s�Gturec and whet
try-Tmj7rvrccrs c �u� � arrw—vrrrc
such structures contain a basernent
5. Review all development permits to determine whether proposed
buildina sites will be reasonablv safe from floodina: and
6. Take action to remedy violations of this chapter.
21-144
Attachment D
Draft Resolution — Adopting Findings to the
Amendments to the California Fire Code
21-145
RESOLUTION NO. 2025- 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE 2025 EDITION
OF THE CALIFORNIA FIRE CODE AND THE 2025 EDITION
OF THE CALIFORNIA WILDLAND URBAN INTERFACE
CODE AS REASONABLY NECESSARY BECAUSE OF
LOCAL CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same or modified
or changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2025 Edition of the California Fire
Code based on the 2024 International Fire Code of the International Code Council;
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the 2025 Edition of the California Fire Code and the 2025
Edition of the Wildland-Urban Interface Code which are reasonably necessary because
of local climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes pursuant to Health and Safety
Code Section 17958.5, make express findings that such changes or modifications are
needed due to local climatic, geographic, or topographic conditions;
WHEREAS, the Fire Code Official has recommended that changes and
modifications be made to the 2025 Edition of the California Fire Code and the California
Wildland-Urban Interface Code and has advised that these changes and modifications
to the 2025 Edition of the California Fire Code and the 2025 Edition of the Wildland-Urban
Interface Code are reasonably necessary due to local conditions in the City and has
further advised that the remainder of said changes and modifications are administrative
or procedural in nature; and
21-146
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WHEREAS, a copy of this resolution together with the ordinance adopting the
2025 Edition of the California Fire Code and the 2025 Edition of the Wildland-Urban
Interface Code shall be filed with the California Building Standards Commission and the
California Department of Housing and Community Development by the City Clerk of the
City as required by Health and Safety Code Section 17958.7.
NOW THEREFORE, the City Council of the City of Newport Beach resolves
as follows:
SECTION 1: The City Council does hereby approve the following changes and
modifications to the 2025 Edition of the California Fire Code and the 2025 Edition of the
Wildland-Urban Interface Code as recommended by the Fire Code Official as necessary
due to local climatic, geographic, or topographic conditions:
CALIFORNIA FIRE CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
202 (Definitions)
a, b, c, d, e, f, g, h, i
305 (Ignition Sources)
a, b, c, i
307.4.2.1 (Recreational Beach Fires)
a, b, c, i
308.1.1.1 (Fireplace)
a, e, i
308.1.7 (Sky Lanterns)
a, b, c, i
324(Geological Surveys)
d, e, f, g, h
503.2.1 (Dimensions)
a, b, c, d, e, f, g, h
503.2.4 (Turning Radius)
a, b, c, d, e, f, g, h
503.2.5 (Dead Ends)
a, b, c, d, e, f, g, h
503.2.7 (Grade)
a, b, c, d, e, f, g, h
503.4.1 (Traffic Calming Devices)
a, b, c, d, e, f, g, h
503.6 (Vehicle Access Gates)
a, b, c, d, e, f, g, h
505.1.1 (Premises Identification)
a, b, c, d, e, f, g, h
506.3 (Key Box Contents)
a, b, c, d, e, f, g, h, i
510.1 (Emergency Responder
Communications Enhancement Systems
in New Buildin s.
a, b, c, d, e, f, g, h
510.4.2.2 (Technical Criteria)
a, b, c, d, e, f, g, h, i
510.5.2 (Approval Prior to
Installation
a, b, c, d, e, f, g, h
510.5.3 (Minimum Qualification of
Personnel)
a, b, c, d, e, f, g, h
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510.5.4 (Acceptance Test
Procedure)
a, b, c, d, e, f, g, h
510.6.1 (Testing and Proof of
Compliance)
a, b, c, d, e, f, g, h
511.1 (Building Information)
a,b,c,d,f,h
903.2 (Where Required)
a, b, c, d, e, f, g, h, i
903.2.8 (Group R)
a, b, c, d, e, f, g, h, i
903.3 (Installation Requirements)
a, b, c, d, e, f, g, h, i
907.1.6 (System Design)
a, b, c, d, e, f, g, h, i
912.1.1 (Installation)
a, b, c, d, e, f, g, h, i
912.2 (Location)
a, b, c, d, e, f, g, h, i
1203.1.1.1 (Emergency Power Outlets)
d, e, f
3603.6 (Berthing and Storage)
e, f, g, h
3603.6.1 (Multiple Berthing and Vessel
Rafting)
e, f, g, h
3603.6.2 (Permitted Multiple
Berthing)
e,f,g,h
3604.1 (General)
e, f, g, h
3604.2 (Standpipes)
e, f, g, h
5003.12 (Outdoor Control Areas)
a, b, c, d, e, f, g, h
5004.1.1 (Maximum Quantity On
Site)
a, b, c, d, e, f, g, h
5601.1.2 (Explosive Materials
Terminals)
a, b, c, i
5601.1.3 (Fireworks)
a, b, c, i
5601.2.2 (Sale and Retail Display)
a, b, c, i
5704.2.11.1 (Underground Tanks.)
a,b,c,i
5706.4 (Bulk Plants or Terminals)
a, b, c, i
B105.2 (Fire -Flow Requirements)
a, b, c, d, e, f, g, h, i
CALIFORNIA WILDLAND URBAN
INTERFACE CODE
JUSTIFICATION/EXPRESS FINDINGS
101.3.1 (Application)
a, b, c
101.3.1.1 (Application Date and Where
a, b, c
-Required)
202 (Definitions)
a, b ,c
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303.3 (Fuel Modification Zone)
a, b, c
501.1 (Scope)
a, b, c
503.1 (General)
a, b, c
504.11.5 (Miscellaneous Structures
a, b, c
Located 3 Feet or More but Less Than
50 Feet.
602.4 Fuel Modification Plans
a, b, c
604.6 Maintenance of Fuel Modification
a, b, c
Zones
604.7 (Combustible Construction
a, b, c
Prohibited
Appendix A - Adoption of Appendix A
a, b, c
in its Entirety Except Sections A-102.3
— A102.3.2.2
a. The City of Newport Beach ("City") is located in an area subject to a climatic
condition of high winds. This environment is conducive to rapidly spreading fires.
Control of such fires requires a rapid response. Obstacles generated by a strong
wind, such as fallen trees, street lights and utility poles, and the requirement to
climb up flights of stairs will greatly impact the response time to reach an incident
scene. Additionally, the amount of wind force at 60 ft. above the ground puts
rescue personnel at increased risk of injury when they are using aerial -type
firefighting apparatus above this height.
b. The City is located in a seismically active area. The public water system may be
damaged after a major seismic event. This would leave tall buildings vulnerable
to uncontrolled fires due to a lack of available water and an inability to pump
sufficient quantities of available water. A severe seismic event has the potential to
negatively impact any rescue or fire suppression activities because it is likely to
create obstacles similar to those indicated under the high wind section above.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity and the expected infrastructure damage inherent in a seismic
hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate
extended Fire Department response time and keep fires manageable with reduced
fire flow (water) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons
with significant growths of vegetation of a highly combustible nature, classified as
Very High Fire Hazard Severity Zones.
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e. The City, especially the foothill areas, is geographically located in an area
periodically subject to high temperature dry Santa Ana wind conditions of high
velocity. Moreover, the topographical conditions of the foothill areas and canyons
contained therein tend to accelerate the periodic high velocity winds by means of
a venturi effect. The use of non -rated or special purpose roofing materials as roof
coverings within the City may create an inordinate fire hazard during periods of
high velocity winds when fire may spread across buildings with roof coverings of
non -rated combustible materials.
f. Embers from chimneys without spark arresters within the City, including the foothill
areas, coupled with the climatic, topographic and geographic conditions described
herein above, may permit the throwing of sparks, embers and cinders upon non-
rated and special purpose roofing material roofs during periods of high velocity
winds, thereby creating a fire hazard which in turn may spread throughout areas
where the roofs of structures are covered with wood shakes and shingles.
g. The City is subject to seismic activity which may result in damage to existing
structures that do not comply with current code. Repair of earthquake damage
according to California Existing Building Code requires upgrading the existing
building to a standard higher than that to which it was built, which creates a
financial hardship for the building owner to repair an earthquake -damaged
structure or strengthen it prior to a seismic event. The California Existing Building
Code provides a reasonable performance standard for strengthening and repair
of structures. The Federal Emergency Management Agency ("FEMA") requires
adoption of performance standards for the repair of damaged structures as a
condition of financial assistance after disasters.
h. The City is located in a seismically active area. There are earthquake faults that
run along both the northeastern and southwestern boundaries of Orange County.
The Newport -Inglewood Fault Zone which runs through Orange County was the
source of the destructive 1933 Long Beach earthquake (6.3 magnitude,
hypocenter off Newport Beach coast), which took 120 lives, with areas damaged
from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of
the greatest hazards to lives and property in the nation. Regional planning for
reoccurrence is recommended by the State of California, Department of
Conservation. There was also an earthquake in December 1989, with the
epicenter located near the City of Irvine. The fault on which this quake occurred
was unknown prior to this activity. The City contains coastal bluffs and hilly areas
subject to landslides, earth induced landslides and it has coastal areas subject to
21-150
Resolution No. 2025-
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flooding and liquefaction.
i. The City has coastal and bay front areas with sandy soils and a shallow water
table at the same elevation as bay water elevation which fluctuates with the tide.
Sandy soils and high ground water level may cause the soils to liquefy during a
seismic event.
j. The City contains low lying coastal areas subject to flooding from sustained rain
with tides which hinder drainage to the bay. Certain other areas such as Balboa
Island are subject to water surges from drainage through back bay. Other
oceanfront areas are subject to flooding from storm -driven high waves which run
up and overtop coastal beach berms. West a is subject to flooding from the Santa
Ana River and storm events with tides. The City participates in the National Flood
Insurance Program and has adopted a FEMA-required flood management
ordinance with flood mitigation measures including construction requirements
contained in Newport Beach Municipal Code Chapter 15.50.
k. Newport Beach is located in Southern California and can be subject to air pollution,
water and power shortages, climate change, and potential pollution of bay water.
I. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography.
M. The City is a Charter City, therefore, topographical, geographical and climatic
conditions are not required to amend the administrative provisions within the code.
n. City does not have jurisdiction over Public Pools. The enforcing agencies for
Public Pools are the California Department of Public Health and the local health
agency, County of Orange Health Care Agency, per Health and Safety Code
Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the
California Building Code.
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of September 2025.
Joe Stapleton
Mayor
ATTEST:
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY A ORNEY'S OFFIC
Aa(roh C. Harp
City Attorney
21-152
Attachment E
Draft Ordinance — Adopting the California Fire Code
21-153
ORDINANCE NO. 2025-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 9
(FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE 2025 EDITION OF THE
CALIFORNIA FIRE CODE, WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property;
WHEREAS, the 2025 Edition of the California Fire Code ("CFC") is based on the
2024 International Fire Code. The CFC published by the BSC in Title 24, Part 9 of the
California Code of Regulations must be in effect by January 1, 2026. To include local
amendments and enhance life safety and property protection, the City must complete its
adoption process thirty (30) days prior to implementation. The adoption of the 2025 CFC
into the Newport Beach Municipal Code ("NBMC") provides for an orderly administration
of the 2025 CFC by the City's Building Official and Fire Code Official;
WHEREAS, local jurisdictions may amend the California Building Standards
Code, which includes the 2025 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 NBMC;
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. 2025-59 adopted by
the City Council of the City on September 9, 2025. When approved, the ordinance and
accompanying resolution will be forwarded to the BSC and the California Department of
Housing and Community Development as required by state law;
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Ordinance No. 2025-
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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 2025 Edition of the California Fire Code is similar to the 2022
version; the attached ordinance contains similar provisions as adopted by the City Council
in 2022. 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 2025 California Fire Code.
9.04.020 Amendment of Section 110.6 Overcrowding.
9.04.030 Amendment of Section 113.4 Violation Penalties.
9.04.040 Amendment of Section 114.4 Failure to Comply.
9.04.050 Amendment to Section 202 Definitions.
9.04.060 Amendment to Section 305 Ignition Sources.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
9.04.080 Amendments to Section 308.1.1 Where Prohibited.
9.04.090 Amendments to Section 308.1.7 Sky Lanterns.
9.04.100 Addition of Section 324 Geological Surveys.
9.04.110 Amendments to Section 503.2.1 Dimensions.
9.04.120 Amendments to Section 503.2.4 Turning Radius.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
9.04.140 Amendments to Section 503.2.7 Grade.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160 Amendments to Section 503.6 Security Gates.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
9.04.180 Amendments to Section 506 Key Box Contents.
9.04.190 Amendments to Section 510.1 Emergency Responder
Communications Enhancement Systems in New Buildings.
9.04.200 Reserved.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
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Ordinance No. 2025-
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9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of
Personnel.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
9.04.260 Addition of Section 511.1 Building Information.
9.04.270 Amendments to Section 903.2 Where Required.
9.04.280 Amendments to Section 903.2.8 Group R.
9.04.290 Amendments to Section 903.3 Installation Requirements.
9.04.300 Amendments to Section 907.1 General.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
9.04.320 Amendments to Section 912.2 Location.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
9.04.340 Reserved.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370 Amendments to Section 3604.2 Standpipes.
9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400 Amendments to Section 5004.1 Scope.
9.04.410 Amendments to Section 5601.1.2 Explosive Material Terminals.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for
Buildings.
9.04.470 Fire Hazard Severity Zone.
Section 9.04.010 Adoption of the 2025 California Fire Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the California Fire Code 2025 Edition, and the whole thereof including the matrix
adoption tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N, and all
national code and standards referenced therein, based on the 2024 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
Fire Code." A copy of the 2025 Fire Code, printed in code book form, shall be kept on file
in the office of the fire code official and building official and made available for public
inspection.
Section 9.04.020 Amendment of Section 110.6 Overcrowding.
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Section 110.6 Overcrowding is amended to read as follows:
1010.6 Overcrowding. Overcrowding or admittance of any person
beyond the approved capacity of a building or a portion thereof shall not
be allowed. The fire code official or their designee, on finding any
overcrowding conditions or obstructions in aisles, passageways or other
means of egress, or on finding any condition that constitutes a life safety
hazard, shall be authorized to cause the event to be stopped until such
condition or obstruction is corrected. 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 113.4 Violation Penalties.
Section 113.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
113.4 Violation Penalties. Persons who violate a provision of this code
or fail to comply with any of the requirements thereof or who erect, install,
alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty and liable in accordance
with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 114.4 Failure to Comply.
Section 114.4 is amended to read as follows:
Section 114.4 Failure to Comply. Any person who continues 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 criminal prosecution, a fine in accordance with the
Newport Beach Municipal Code Title One 1.04.010 "Violation, Penalties
and Enforcement," injunctive relief and/or any other
judicial remedy available pursuant to state or federal law
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
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Ordinance No. 2025-
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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.
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 California
Government Code Section 51179, and by ordinance adopted by the City
Council, which contains the type and condition of vegetation, topography,
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Ordinance No. 2025-
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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 FUELS: Any combustible material in a wildland area.
9.04.060 Amendment 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 or responsible person. Vegetation modification requirements in
wildland-urban interface areas shall be in accordance with Section 4901
et seq. of this code.
305.7 Clearance of Brush or Vegetation Growth from Roadways. The
fire code official is authorized to cause areas within ten (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 Abatement.
305.8.1.1 Authority to Declare Nuisance and Abate. If and when the
fire code official determines that uncontrolled or high weeds, brush, plant
material, fire hazards, or other items prohibited under this code increase
the danger of fire and thus constitutes a fire hazard, the fire code official
may, by written notice, direct the removal thereof by following the
procedures outlined in Title 10, Chapter 10.48 of the Newport Beach
Municipal Code. As authorized by Chapter 10.48, the City may take further
action which may include: (1) the City, or its contractor, may enter upon
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Ordinance No. 2025-
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the parcel of land and remove or otherwise eliminate or abate the hazard;
(2) that upon completion of such work the cost thereof, including Nuisance
Abatement Services, can be billed to the property owner or responsible
person, 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.
305.8.1.2 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 to the abatement, the fire code official shall attempt to
contact the property owner or responsible person to inform the property
owner or responsible 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 or responsible person 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 as provided in
Section 15.80 of the Newport Beach Municipal Code.
305.8.1.3 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards pursuant to Section 305.8.1.2 of
this chapter shall become a special assessment against the property. In
addition to the above costs, an administrative processing fee established
by resolution of the City Council shall be assessed against each parcel for
City incurred costs associated with abatement. An additional inspection
fee shall be established by resolution of the City Council for charges
related to inspection services for vegetation hazard identification. The
schedule for such fees shall be maintained on file in the Office of the City
Clerk.
The fire code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 38773.5. The property owner or responsible
person 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
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Ordinance No. 2025-
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mailing of the notice. Any appeal regarding the reasonableness of the
assessment of costs shall be heard by the Fire Chief. The decision of the
Fire Chief shall be final.
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 or
responsible person 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.
305.8.1.4 Other Abatement Procedures. The provisions of this
ordinance shall not in any manner limit or restrict the City from enforcing
City ordinances or abating public nuisances in any other manner provided
by law.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, Camp, and Recreational Fires. No person shall make,
set, or maintain any beach or camp/recreational fire at any beach, park,
or other public place within the City except in areas where proper
containers are provided for such fires by the City and where City signs are
plainly posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Where Prohibited.
Section 308.1.1 is amended by adding Section 308.1.1:
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 308.1.7 Sky Lanterns.
Section 308.1.7 is amended as follows:
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308.1.7 Sky Lanterns. A person shall not use or release any sky lantern
in the City.
9.04.100 Addition of Section 324 Geological Surveys.
Section 324 is added as follows:
SECTION 324 GEOLOGICAL SURVEYS
324.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
324.2 Geological surveys. The fire code official may require the
submittal for review and approval of geological studies, evaluations,
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 one thousand (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. Modifies an existing system.
9.04.110 Amendments to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than twenty (20) feet (6.1 m) and shall not
be less than twenty six (26) feet (7.92 m) within thirty (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 thirteen (13) feet, six (6) inches (4.1 m).
9.04.120 Amendments to Section 503.2.4 Turning Radius.
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Section 503.2.4 is amended to read as follows:
503.2.4 Turning Radius. The turning radius for fire apparatus access
roads shall have at least a twenty (20) feet (6.1 m) inside radius and forty
(40) feet (12.2m) outside radius.
Exception: Cul-de-sacs with center obstructions may require larger
turning radius as approved by the fire code official.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of
one hundred and fifty (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 Amendments to Section 503.2.7 Grade.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten (10) percent.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic Calming Devices. Any traffic calming devices in required
access roadways when approved by the fire code official, shall be in
accordance with the Newport Beach Public Works Department's
Neighborhood Traffic Management Policy.
9.04.160 Amendments to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
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Section 503.6 Security Gates. Vehicle access gates or barriers installed
across a fire apparatus access road shall be in accordance with the City's
Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire
Lanes, Gates, and Barriers. The minimum width of any gate or opening
necessary or required as a point of access shall have at least fourteen
(14) feet (4.27 m) unobstructed width. This minimum width may be
increased depending on the length of the approach. Electric gate
operators, where provided, shall be listed in accordance with UL 325.
Gates intended for automatic operation shall be designed, constructed
and installed to comply with the requirements of ASTM F2200.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall
the numbers be less than six inches (152 mm) in height with a one -inch
(25 mm) stroke. Address numbers shall contrast with their background,
and shall be either internally or externally illuminated to be visible at night.
All multi -unit residential and commercial buildings shall have numbers or
addresses place above or immediately adjacent to all doors that allow fire
department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key Box Contents. When a key box is required the following types
of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or
exterior of the building.
B. Keys to locked mechanical equipment rooms.
C. Keys to locked electrical rooms.
D. Keys to elevator controls.
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E. Keys to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Communications
Enhancement Systems in New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency Responder Communications Enhancement
Systems in New Buildings. Approved in -building, two-way emergency
responder communication coverage for emergency responders shall be
provided in all new buildings. In -building, two way emergency responder
communication coverage within the building shall be based on the existing
coverage levels of the public safety communication systems utilized by
the City , measured at the exterior of the building. This section shall not
require improvement of the existing public safety communication systems.
The emergency responder radio coverage system shall comply with the
requirements of the Orange County Sheriff's Department,
Communications and Technology Division, and where the functionality of
performance requirements in the California Fire Code are more stringent,
this code.
9.04.200 Reserved.
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).
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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 one hundred (100) percent
compatible with analog and digital modulations after
installation, without adjustments or modifications. The systems
must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range
subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order
intermodulation protection.
6. All active in -building coverage devices shall be Federal
Communications Commission Part 90 certified.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
Section 510.5.2 is amended to read as follows:
510.5.2 Approval Prior to Installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the
Federal Communications Commission shall not be installed without prior
plan submittal, coordination, and approval from the Orange County
Sheriff's Department Communications Division; with a copy provided to
the fire and building code official.
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
Section 510.5.3 is amended to read as follows:
510.5.3 Minimum Qualifications of Personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both of the following:
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1. A valid Federal Communications Commission -issued general
radio operators license.
2. Certification of in -building system training issued by, a nationally
recognized organization, school or a certificate issued by the
manufacturer of the equipment being installed.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
Section 510.5.4 is amended to read as follows:
510.5.4 Acceptance Test Procedure. When an emergency responder
radio coverage system is required, and upon completion of installation,
the building owner shall have the radio system tested by a qualified
Federal Communications Commission licensed third party technician to
ensure that two-way coverage on each floor of the building is not less than
a minimum of ninety-five (95) percent. The test procedure shall be
conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and Proof of Compliance. The owner of the building or
their representative shall have the emergency responder radio coverage
system inspected and tested annually or whenever structural changes
occur including additions or remodels that could materially change the
original field performance tests. Testing shall consist of the following:
1. Signal boosters shall be tested to ensure that the gain is the
same as it was upon initial installation and acceptance or set to
optimize the performance of the system. In -building system
components shall be tested to determine general function
operability. If noncompliance is found, the FCC licensed
technician will assess improvements necessary and provide
such information to OCSD Communications, and the fire and
building code official.
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2. Backup batteries and power supplies shall be tested under load
for a period of one (1) hour to verify that they will properly
operate during an actual power outage. If within the one (1) hour
test period the battery exhibits symptoms of failure, the test
shall be extended for additional one (1) hour periods until the
integrity of the battery can be determined.
3. All other active components shall be checked to verify operation
within the manufacturer's specifications.
4. At the conclusion of the testing, a certification report, which shall
verify compliance with Section 510.5.4, shall be submitted to
Orange County Sheriff's Department Communications and the
fire and building code official.
9.04.260 Addition of Section 511.1 Building Information.
Section 511.1 is added to read as follows:
511.1 Building Information. The fire code official is authorized to require
a cabinet for onsite storage of pre -plans and other building information
that is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new
and existing buildings and structures shall be provided in the following
locations: "Building Area" as used in this section shall mean gross building
area enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of
Sections 903.2.1 through 903.2.12, an automatic fire -
extinguishing system shall also be installed in all occupancies
when the total building area exceeds five thousand (5,000)
square feet (465 m2), unless more restrictive requirements are
required by other provisions of the code.
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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 fifty (50) percent or more of the existing
building area and the resulting building area exceeds five
thousand (5,000) square feet (465 m2).
b. When an additional story is added above the second floor
regardless of fire areas or allowable area.
c. When an addition is added and the existing building is
already provided with an automatic fire sprinkler system.
d. More restrictive requirements are required by other
provisions of the code.
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
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 fifty (50) percent of the area of the
existing structure.
b. An addition, when the existing building is already provided
with an automatic sprinkler system.
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c. As determined for new construction per Section 102.4.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1
occupancies and not housing bedridden clients, not housing
non -ambulatory clients above the first floor, and not housing
clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1
occupancies housing only one bedridden client and complying
with Section 435.8.3.3 of the California Building Code.
3. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing
primary dwelling.
4. The installation of fire sprinklers shall not be required in an
accessory dwelling unit if sprinklers are not required for the
primary residence. The construction of an accessory dwelling
unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling.
5. Pursuant to Health and Safety Code, Section 13113,
occupancies housing ambulatory children only, none of whom
are mentally ill children or children with intellectual disabilities,
and the buildings or portions thereof in which such children are
housed are not more than two stories in height, and building or
portions thereof housing such children have an automatic fire
alarm system activated by approved smoke detectors.
6. Pursuant to Health and Safety Code, Section 13143.6,
occupancies licensed for protective social care which house
ambulatory clients only, none of whom is a child (under the age
of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with Sections 504.2 or 506.3 of
the California Building Code, an automatic sprinkler system
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installed in accordance with Section 903.3.1.3 shall be allowed
in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with
Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4
occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows:
903.3 Installation Requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.8 and in accordance with City's Guidelines and Standards F.02 Fire
Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
907.1.6 System Design. No building shall have more than one fire alarm
panel. All fire detection and protection devices shall operate and be
connected to the building fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible
indicator that displays the status of the detector. When a detector is
located in a space above a drop ceiling, an indicating light shall be
provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm system
capable of showing the approximate location of all activating devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be
listed assemblies. Fire department inlet connections shall be painted
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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 (4) two and one half (2 1/2") inlets shall be provided.
9.04.320 Amendments to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than one hundred (100) feet
(30.48 m) from a public hydrant. When possible, the fire department
connection shall be located 30 feet (9.14 m) minimum from beginning of
radius for driveway approach. The location of fire department connections
shall be approved by the fire code official.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows:
1203.1.1.1 Emergency Power Outlets. Provide and install electrical
outlets (120 volt, duplex) that are connected to the emergency generator
circuitry/system when a generator is required by Section 1203.2 of the
California Fire Code in every fire control room and in other areas as may
be designated by the fire code official. Emergency outlets shall be placed
in the following locations:
1. In the main exit corridor of each floor adjacent to each exit
enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
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6. In such other areas as may be designated by the fire code
official.
9.04.340 Reserved.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple Berthing and Vessel Rafting. All vessels in marinas
shall be arranged such that a vessel occupying a slip can be readily
removed in an emergency without the necessity of moving other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the
need of an action plan providing the length of the tender or
dinghy does not exceed the width of the vessel's beam.
2. Vessels with beams of less than fourteen (14) feet are permitted
to have a tender or dinghy, up to a maximum of fourteen (14)
feet in length, tied to the vessel's stern.
Section 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.
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2. The multiple berthing is necessary for a special event or other
extenuating circumstances and will occur for a limited period of
time, which shall be approved by the fire code official and per
City's Guidelines and Standards A.10 Multiple Berthing and/or
Rafting at Special Events.
9.04.360 Amendments to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing vessels, and marine
motor vehicle fuel -dispensing facilities stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through 3604.6.
9.04.370 Amendments to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than one hundred fifty (150) feet from a fire apparatus access
road, it shall be equipped with a Class III standpipe system installed in
accordance with NFPA 303 and City's Guidelines and Standards F.01. Fire
Protection for Marinas, Wharfs, and Piers.
9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the fire
code official.
9.04.400 Amendments to Section 5004.1 Scope.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
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5004.1.1 Maximum Quantity On Site. No person shall use or store any
amount of Extremely Hazardous Substances (EHS) equal to or greater
than the amounts disclosed as listed in Appendix A, Part 355, Title 40, of
the Code of Federal Regulations in a residential zone or adjacent to
property developed with residential uses, unless approved mitigation
measures are implemented and maintained, as required by the fire code
official.
9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Explosive Materials Terminals. No person shall store
explosives or blasting agents anywhere in the City unless the fire code
official has issued a permit authorizing use and/or storage.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1 AG, (commonly referred to as "Safe and Sane") and fireworks
1.3G anywhere in the City.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail Display: Persons shall not conduct a retail
display nor offer for sale explosives, explosive materials or fireworks on
highways, sidewalks, private property, public properties anywhere in the
City.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
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Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in
any residential district or any residential area of a planned community
district, as defined in Section 20.14.020 of the Newport Beach Municipal
Code.
9.04.450 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 except as permitted by the fire code official. Approved installations
shall comply with Sections 5706.4.1 through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 of Appendix B Fire -Flow Requirements for Buildings 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 Tables B105.1(1)
Exception: A reduction in required fire flow of up to fifty (50) percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 L/min.) for the prescribed duration as specified in Table B105.1(2).
9.04.470 Fire Hazard Severity Zone.
Section 9.04.070 is amended to read as follows:
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Pursuant to Ordinance No. 2025-11, the City Council designated those
areas identified on the map attached to the ordinance codified in this
section, which is on file with the City Clerk and available electronically on
the City website, as Fire Hazard Severity Zones which include Moderate,
High and Very High Fire Hazard Severity Zones.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. In the event that any part of this ordinance is found to be invalid or
unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert
to the version that was in effect immediately prior to the adoption of this ordinance.
Section 4: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Additionally, this ordinance is exempt from the
CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This ordinance itself does not authorize development that would directly
result in physical change to the environment.
Section 5: Except as expressly modified in this ordinance or the ordinance
adopting the Newport Beach Wildland Urban Interface Code Ordinance No. 2025-25, all
other Sections, Subsections, terms, clauses and phrases set forth in Title 24, Part 9 (Fire
Code) and the Newport Beach Municipal Code shall remain unchanged and shall be in
full force and effect.
21-177
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Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2026, pursuant to California Health and Safety
Code Sections 17958 and 18941.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9th day of September, 2025, and adopted on the 23rd day of
September, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
Attachment: Section 9.04.470 Local Agency Very High Fire Hazard Severity Zone Map
21-178
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Fire Hazard Severity Zones (FHSZ) in Local Responsibility
Area (LRA), as Identified by the State Fire Marshal
= Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area
(SRA), Effective April 1, 2024
Very High High Moderate
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Projection: NAD 83 California Teale Albers
Scale: 1:71,000 at 11" x 17"
Incorporated City 0 Waterbody
Unzoned LRA Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds
Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal
and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread.
Attachment F
Draft Ordinance — Adopting the California Wildland-Urban Interface Code
21-180
ORDINANCE NO. 2025-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
9.07 (WILDLAND URBAN INTERFACE CODE) TO TITLE 9
OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
THE 2025 EDITION OF THE CALIFORNIA WILDLAND
URBAN INTERFACE CODE, WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property;
WHEREAS, the 2025 Edition of the California Wildland Urban Interface Code
("CWUI") is based on the 2024 International Wildland Urban Interface Code. The CWUI
published by the BSC in Title 24, Part 7 of the California Code of Regulations must be in
effect by January 1, 2026. To include local amendments and enhance life safety and
property protection, the City must complete its adoption process thirty (30) days prior to
implementation. The adoption of the 2025 CWUI into the Newport Beach Municipal Code
("NBMC") provides for an orderly administration of the 2025 CWUI by the City's Building
Official and Fire Code Official;
WHEREAS, local jurisdictions may amend the California Building Standards
Code, which includes the 2025 CWUI, 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 NBMC;
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. 2025-59 adopted by
the City Council of the City on September 9, 2025. When approved, the ordinance and
accompanying resolution will be forwarded to the BSC and the California Department of
Housing and Community Development as required by state law;
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WHEREAS, all prior references to the former Newport Beach Fire Code pertaining
to the Wildland Urban Interface shall be construed to apply to the corresponding
provisions of the Newport Beach Wildland Urban Interface Code contained herein; and
WHEREAS, the 2025 Edition of the Wildland Urban Interface Code is similar to
the 2022 version of the California Fire Code, California Building Code Chapter 7A and
California Residential Code R337; the attached ordinance contains similar provisions as
adopted by the City Council in 2022.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 9.07 of the Newport Beach Municipal Code is hereby added
to Title 9 Fire Code and shall read as follows:
Sections:
Chapter 9.07
WILDLAND URBAN INTERFACE CODE*
9.07.010 Adoption of the 2025 California Wildland Urban Interface Code.
9.07.020 Amendment of Section 101.3.1 Application.
9.07.030 Amendment of Section 101.3.1.1 Application Date and Where
Required.
9.07.040 Amendment of Section 202 Definitions.
9.07.050 Addition of Section 303.3 Fuel Modification Zone.
9.07.060 Amendment to Section 501.1 Scope.
9.07.070 Amendment to Section 503.1 General.
9.07.080 Amendments to Section 504.11.5 Miscellaneous Structures Located
3 Feet or More but Less than 50 Feet.
9.07.090 Addition of Section 602.4 Fuel Modification Plans.
9.07.100 Addition of Section 604.6 Maintenance of Fuel Modification Zones.
9.07.110 Combustible Construction Prohibited.
9.07.120 Adoption of Appendix A in its Entirety Except Sections A-102.3 —
A102.3.2.2.
Section 9.07.010 Adoption of the 2025 California Wildland Urban Interface Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Wildland-Urban Interface Code, and all national
code and standards referenced therein, based on the 2024 International Wildland-Urban
Interface Code, as published by the International Code Council.
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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 Wildland-Urban Interface Code." A copy of the 2025 California Wildland-Urban
Interface Code, printed in code book form, shall be kept on file in the office of the fire code
official and building official and made available for public inspection.
Section 9.07.020 Amendment of Section 101.3.1 Application.
Section 101.3.1 Application is amended to read as follows:
Section 101.3.1. Application is amended by deleting exception No. 5 in
its entirety.
Section 9.07.030 Amendment of Section 101.3.1.1 Application Date and Where
Required.
Section 101.3.1.1 Application Date and Where Required is amended to read as follows:
Section 101.3.1.1 Application Date and Where Required is amended by
deleting Exception No. 2 in its entirety.
Section 9.07.040 Amendment of Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
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
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replacement of existing plants with adequately spaced drought -
tolerant and fire-resistant species and thinning of existing native or
ornamental species.
UNENCLOSED COVERED STRUCTURE. Includes covered structures
with a solid or open roof and no more than one side closed.
Section 9.07.050 Addition of Section 303.3 Fuel Modification Zone.
Section 303.3 is hereby added as follows:
Section 303.3 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.
Section 9.07.060 Amendment to Section 501.1 Scope
Section 501.1 is amended to read as follows:
Section 501.1 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 locating with a Fire
Hazard Severity Zone or Wildland Urban Interface area as defined in
Section 202.
Section 9.07.070 Amendment to Section 503.1 General.
Section 503.1 is amended to read as follows:
Section 503.1 General is amended by deleting Exception No. 2 in its
entirety.
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Section 9.07.080 Amendment to Section 504.11.5 Miscellaneous Structures Located
3 Feet or More but Less than 50 Feet.
Section 504.11.5 is amended to read as follows:
Section 504.11.5 Miscellaneous Structure Requirements Located 3
Feet or More but Less than 50 Feet. Miscellaneous structures that
require a permit and are separated from an applicable building on the
same lot by a distance of more than three (3) feet but less than fifty (50)
feet from an applicable building shall be constructed of noncombustible
materials or of ignition -resistant construction described in Sections 504.1
— 504.11.6.
Section 9.07.090 Addition of Section 602.4 Fuel Modification Plans.
Section 602.4 is hereby added as follows:
Section 602.4 Fuel Modification 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."
Section 9.07.100 Addition of Section 604.6 Maintenance of Fuel Modification Zones.
Section 604.6 is hereby added as follows:
Section 604.6 Maintenance of Fuel Modification Zones. Fuel
Modification Zones not in compliance with the City's respective
guidelines and standards shall constitute a fire hazard.
Section 9.07.110 Combustible Construction Prohibited.
Section 9.07.110 is amended to read as follows:
Section 9.07.110 Combustible Construction Prohibited. No attached
or detached buildings, patio covers, sheds, decks, stairs, or similar
structures shall be built or placed in the twenty (20) foot Zone A setback,
as described in City's Guidelines and Standards G.02 "Fuel Modification
21-185
Plans and Maintenance Standard" unless completely constructed of non-
combustible materials.
Section 9.07.120 Adoption of Appendix A in its Entirety Except Sections A-102.3
— Al02.3.2.2
Section 9.07.120 is hereby added as follows:
Section 9.07.120 Appendix A is adopted in its entirety except Sections
A-102.3 — Al 02.3.2.2.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. In the event that any part of this ordinance is found to be invalid or
unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert
to the version that was in effect immediately prior to the adoption of this ordinance.
Section 4: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Additionally, this ordinance is exempt from the
CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This ordinance does not authorize development that would directly
result in physical change to the environment.
Section 5: Except as expressly modified in this ordinance or the ordinance
adopting the Newport Beach Fire Code Ordinance No. 2025-24, all other Sections,
Subsections, terms, clauses and phrases set forth in Title 24, Part 7 (California Wildland
Urban Interface Code) and the Newport Beach Municipal Code shall remain unchanged
and shall be in full force and effect.
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Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2026, pursuant to California Health and Safety
Code Sections 17958 and 18941.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 9th day of September 2025, and adopted on the 23rd day of
September, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
21-187
Attachment G
Redline of California Fire Code Amendments
21-188
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
21-189
Sections:
Ordinance No. 2A�2'T2025-
Page -22 of 2-925
Chapter 9.04
FIRE CODE*
9.04.010 Adoption of the 2025 California Fire Code.
9.04.020 Amendment of Section 110.6 Overcrowding.
9.04.030 Amendment of Section 113.4 Violation Penalties.
9.04.040 Amendment of Section 114.4 Failure to Comply.
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9.04.050 Amendment to Section 202 Definitions.
9.04.060 Amendment to Section 305 Ignition Sources.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
9.04.080 Amendments to Section 308.1.1 Where Prohibited.
9.04.090 Amendments to Section 308.1.7 Sky Lanterns.
9.04.100 Addition of Section 324 Geological Surveys.
9.04.110 Amendments to Section 503.2.1 Dimensions.
9.04.120 Amendments to Section 503.2.4 Turning Radius.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
9.04.140 Amendments to Section 503.2.7 Grade.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160 Amendments to Section 503.6 Security Gates.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
9.04.180 Amendments to Section 506 Key Box Contents.
9.04.190 Amendments to Section 510.1 Emergency Responder
Communications Enhancement Systems in New Buildings.
9.04.200 Reserved.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of
Personnel.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
9.04.260 Addition of Section 511.1 Building Information.
9.04.270 Amendments to Section 903.2 Where Required.
9.04.280 Amendments to Section 903.2.8 Group R.
9.04.290 Amendments to Section 903.3 Installation Requirements.
9.04.300 Amendments to Section 907.1 General.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
9.04.320 Amendments to Section 912.2 Location.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
9.04.340 Reserved.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370 Amendments to Section 3604.2 Standpipes.
9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400 Amendments to Section 5004.1 Scope.
9.04.410 Amendments to Section 5601.1.2 Explosive Material Terminals.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460 Amendments to Appendix B Fire -Flow Reauirements for
Buildings.
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9.04.470 Fire Hazard Severity Zone.
Section 9.04.010 Adoption of the 20222025 California Fire Code.
The City Council adopts and incorporates by reference, those certain codes knOwn asas
though set forth in full in this section, the "California Fire Code 20222025 Edition,,"1 and
the whole thereof including the matrix adoption tables for each chapter, and Appendices
B, BB, C, CC, E, F, G, I and N , save
and except such P0060115 aS al'e hereinafter deleted, added Or arnended which shall,
- - 11 _ _ i :.. _ 1.. 1_ - I- .- - - - - -- - - i 1_ _ It A I- . _ - _ - M - _ _ 1_ r l.. _ n _ _I _ 11 A _ _ - : 2: - J - - ._ . l -1_ _ n _ 1 : 2 _ ._ ._ ! _
and all national code and standards referenced therein,
based on the 2024 International Buildina 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
Fire Code." A copy of the 2025 Fire Code, printed in code book form, shall be kept on file
in the office of the fire code official and building official and made available for public
inspection.
Section 9.04.020 Amendment of Section 1-09110.6 Overcrowding.
Section +09110.6 Overcrowding is amended to read as follows:
109.6 Occupant .1010.E Overcrowding. Overcrowding or
admittance of anv person bevond the abaroved caoacity of a buildina or
a portion thereof shall not be allowed. The fire code official or their
designee, on finding any overcrowding conditions or obstructions in
aisles, passageways or other means of egress, or on finding any condition
that constitutes a life safety hazard, shall be authorized to cause the event
to be stopped until such condition or obstruction is corrected. 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 142113.4 Violation Penalties.
Section +1-2113.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
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411-2113.4 Violation pena RiesPenalties. Persons who shaR violate a
provision of this code or shaRfail to comply with any of the requirements
thereof or who shaLL erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official, or
of a permit or certificate used under provisions of this code, shall be guilty
and liable in accordance with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 1-1-3114.4 Failure to Comply.
Section ++3114.4 is amended to read as follows:
Section 113114.4 Failure to eompi Comply. Any person who shill
contintie continues 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 criminal prosecution, a fine
in accordance with the Newport Beach Municipal Code Title One 1.04.010
"Violation, Penalties and Enforcement."," injunctive relief and/or any other
judicial remedy available pursuant to state or federal law
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the
closed end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-
made, where plant materials and natural fuels have been treated,
reduced, or modified to slow the rate and intensity of an advancing
wildfire, and to create an area for firefighters to suppress fire and protect
structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be
secured. A dock may be fixed to the shore or fixed on pilings, or may float
in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific
fuel modification zones within a property are subject to fuel modification.
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Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary to
achieve the minimum acceptable level of risk to structures from fires in
combustible vegetation.
FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel
modification plan that increases the likelihood that a structure will survive
a wildfire, improve the defensible space around the structure for
firefighting activities, and prevents direct flame contact with structures.
Vegetation includes native and ornamental plants, non-native naturalized
annual grasses, and other invasive or naturalized species. Fuel
modification activities can include removal, partial or total replacement of
existing plants with adequately spaced drought -tolerant and fire-resistant
species, and thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the
Fire Chief in which structures directly abut a wildland space on one or
more sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE:
A geographical area designated in accordance with the California
Government Code Section 51179, and by City of Newport Beach ordinance
adopted by the City Council, 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 FUELS: Any combustible material in a wildland area.
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9.04.060 Amendment 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.. or responsible person. Vegetation modification requirements in
wildland-urban interface areas shall be in accordance with Section 4901
et seq. of this code.
305.7 Clearance of brushBrush or vegetation growthVegetation
Growth from raadwaysRoadways. The fire code official is authorized to
cause areas within ten 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 Abatement.
305.8.1.1 Authority to Declare Nuisance and Abate. If and when the
fire code official determines that uncontrolled or high weeds, brush, plant
material, fire hazards, or other items prohibited under this code increase
the danger of fire and thus constitutes a fire hazard. If stieli condition
exists, the fire code official shgYvemay, by written notice -to, direct the
ownei of record to removal thereof by foLLowin£ the hazard withh-r
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The notice shaR state procedures outlined in Title 10, Chapter 10.48 of
the property ow, ie, is , equi, ed to abate the fire hazard and that if the hazard
is not Newport Beach Municipal Code. As authorized by Chapter
10.48, the City may take further action which emay 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 Nuisance Abatement
Services, can be billed to the property owner or responsible person, 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.
- - - -- - --- - -- - -- -- ----- --- - --- - - 16711
--
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-- ---- --- -- -- -- ----
-- -- ---- -- - -- - WdPI
-- ---
- - --- - 11111 - -- - --
- -- - - -- - -- - -- - -- --- - - ---
- -- --- - - ---- - - - -
-- - - ----- - --- - ---- -- - -- -
-- --- -- -- - -- - - -
- - - - - - --- -- ---- - -- -- -- - --
--- - - - --11 - -- -- - - --
-- --- --- --- -- - -- - - - -- - --
- - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - W. - - -
- - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - -Pe
. .305.8.1.2 Emergency
Private Propertv 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 to the
abatement, the fire code official shall attempt to contact the property owner
or responsible person to inform the property owner or responsible 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
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post a notice and mail to the property owner or responsible person
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 t'-fe
appeai shall be fiLed within ten (I E)) calendar days from the date of rna+Li-Mg
the notice of work as provided in Section 15.80 of the Newport
Beach Municipal Code.
305.8.$1.3 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards pursuant to Section 305.8.1.2 of
this chapter shall become a special assessment against the property. In
addition to the above costs, an administrative processing fee established
by resolution of the City Council of the eity 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 City -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 Office of the City Cis
offieeClerk.
The fire code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 38773.5. The property owner or responsible
person may appeal the fire code sofficial'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. The decision of the
Fire Chief shall be final.
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 or
responsible person 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.
305.8.91.4 Other abaternent proceduresAbatement Procedures. The
provisions of this ordinance shall not in any manner limit or restrict the City
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from enforcing City ordinances or abating public nuisances in any other
manner provided by law.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, cai npCamp, and recreationai firesRecreational
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 FirepEaeeWhere Prohibited.
Section 308.1.1 is amended by adding Section 308.1.1-.+:
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.Cr.37 Sky Lanterns.
Section 308.1.6-.37 is amended as follows:
308.1.6.37 Sky LantemsLanterns. A person shall not use or release any
sky lantern in the City of Newport Beach.
9.04.100 Addition of Section 324 Geological Surveys.
Section 324 is added as follows:
ECTION 324 GEOLOGICAL SURVEYS
324.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
324.2 Geological surveys. The fire code official may require the submittal
for review and approval of geological studies, evaluations, reports,
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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 one thousand (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
Modifies an existing systei-ftssystem.
9.04.110 Amendments to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than twenty 20) feet (6.1 m) and shall not
be less than twenty six (26) feet (7.92 m) within thirty 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 thirteen 13) feet six 6) inches (4.1 m).
9.04.120 Amendments to Section 503.2.4 Turning Radius.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radiusRadius. The turning radius for fire apparatus
access roads shall be not Less thari have at least a twenty (20) feet (6.1 m)
inside radius and fort 40) feet (12.2m) outside radius.
Exception: Cul-de-sacs with center obstructions may require larger
turning radius as approved by the fire code official.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
21-200
Ordinance No. 2022-2T2025-
Page +313 of 2-925
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of
+50one hundred and fifty (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 Amendments to Section 503.2.7 Grade.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten percent.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic calming deVices.Calming Devices. Any traffic calming
devices in required access roadways when approved by the fire code
official, shall be in accordance with the Newport Beach Public Works
Department's Neighborhood Traffic Management Policy.
9.04.160 Amendments to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
Section 503.6 _.... ele A... essSecurity Gates. Vehicle access gates or
barriers installed across a fire apparatus access road shall be in
accordance with the City's Guidelines and Standards C.01 Emergency
Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum
width of any gate or opening necessary or required as a point of access
shall be not less than 14have at least fourteen (14) feet (4.27 m)
unobstructed width. This minimum width may be increased depending on
the length of the approach. Electric pate operators, where provided, shall
be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the
requirements of ASTM F2200.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
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Ordinance No. 2022-2'=2025-
Page -1-414 of 2-925
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall
the numbers be less than six inches (152 mm) in height with a one -inch
(25 mm) stroke. Address numbers shall contrast with their background, and
shall be either internally or externally illuminated to be visible at night. All
multi -unit residential and commercial buildings shall have numbers or
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 contenftBox Contents. When a Key U 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.
G 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
Cove rag.eCommunications Enhancement Systems in New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency responder radeo coverage Responder
Communications Enhancement Systems in new buoildhVshLew
Buildings. Approved in -building, two-way emergency responder
21-202
Ordinance No. 2022-2'=2025-
Page +515 of 2925
communication coverage for emergency responders shall be provided in all
new buildings. In -building, two way emergency responder communication
coverage within the building shall be based on the existing coverage
levels of the public safety communication systems utilized by the
jurisdietionCity, , measured at the exterior of the building. This section shall
not require improvement of the existing public safety communication
systems. The emergency responder radio coverage system shall comply
with the requirements of the Orange County Sheriff'sSheriff's Department,
Communications and Technology Division, and where the functionality of
performance requirements in the California Fire Code are more stringent,
this code.
9.04.200 Reserved.
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21-203
Ordinance No. 2022-2'=2025-
Page -+616 of 2-925
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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 criteriiaCriteria. 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.
21-204
Ordinance No. 2022-2T2025-
Page +717 of 2-925
4. All system components must be one hundred (100) percent
compatible with analog and digital modulations after
installation, without adjustments or modifications. The systems
must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range
subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order
intermodulation protection.
6. All active in -building coverage devices shall be F&C-Federal
Communications Commission Part 90 certified.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
Section 510.5.2 is amended to read as follows:
510.5.2 Approval pri-orPrior to Installation. Amplification
systems capable of operating on frequencies licensed to any public safety
agency by the FeeFederal Communications Commission shall not be
installed without prior plan submittal, coordination, and approval from the
Orange County S sSheriff's Department -(OMB) Communications
Division; with a copy provided to the fire and building code official.
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
Section 510.5.3 is amended to read as follows:
510.5.3 Minimum Qualifications of person netPersonnel.
The minimum qualifications of the system designer and lead installation
personnel shall include both of the following:
1. A valid FC-CFederal Communications Commission -
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.
21-205
Ordinance No. 2022-2'=2025-
Page +818 of 2-925
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
Section 510.5.4 is amended to read as follows, with all related subseetiOns renlail-1:11
510.5.4 Acceptance test procedureTest 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 F-GeFederal Communications Commission licensed
third party technician to ensure that two-way coverage on each floor of the
building is not less than a minimum of ninety-five (95) percent. The test
procedure shall be conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and proofProof of compLianceCompliance. The owner
of the building or their representative shall have the emergency responder
radio coverage system inspected and tested annually or whenever
structural changes occur including additions or remodels that could
materially change the original field performance tests. Testing shall consist
of the following:
1. Signal boosters shall be tested to ensure that the gain
is the same as it was upon initial installation and acceptance or
set to optimize the performance of the system. In -building system
components shall be 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 one 1) hour to verify that they will
properly operate during an actual power outage. If within the
one(1=)_hour test period the battery exhibits symptoms of
21-206
Ordinance No. 2022-2T2025-
Page --919 of 21925
failure, the test shall be extended for additional one 1=)_hour
periods until the integrity of the battery can be determined.
3. All other active components shall be checked to verify
operation within the manufacturer's
specifications.
4. At the conclusion of the testing, a certification report,
which shall verify compliance with Section 510.5.4, shall be
submitted to O£SBOrange County Sheriff's Department
Communications and the fire and building code official.
9.04.260 Addition of Section 511.1 Building Information.
Section 511.1 is added to read as follows:
511.1 Building informati Information. The fire code official is
authorized to require a cabinet for onsite storage of pre -plans and other
building information that is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows, with related subseet'._
unchanged tin less expressiyrnodified by this ordin an ce:
903.2 Where regaireeFReguired. Approved automatic sprinkler systems
in new and existing buildings and structures shall be provided in the
following locations: ""Building Area"" as used in this section shall mean
gross building area enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable
provisions of Sections 903.2.1 through 903.2.12, an automatic
fire -extinguishing system shall also be installed in all
occupancies when the total building area exceeds five thousand
�5,000) square feet (465 m2), unless more restrictive
requirements are required by other provisions of the code.
2. Existing buildings: Notwithstanding any applicable
provisions of this code, an automatic sprinkler system shall be
21-207
Ordinance No. 2022-2'=2025-
Page 2-020 of 2925
provided in an existing building when any of the following
conditions exists:
a. When an addition is fifty (50%hpercent or more of the
existing building area and the resulting building area
exceeds five thousand (5,000) square feet (465 m2),-,).
b. When an additional story is added above the second
floor regardless of fire areas or allowable afrearea.
c. When an addition is added and the existing building is
already provided with an automatic fire sprinkler system.
d- d. More restrictive requirements are required by other
provisions of the code.
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows,
C. unchanged unless expressiy modified by this ordinance:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be
installed throughout all new buildings.
2. Existing buildings: An automatic sprinkler system
shall be installed throughout when one of the following
conditions exists:
a. a. An addition when the increase in building size is 2,000
sq. ft. or more and exceeds fftL50%hpercent of the area
of the existing structure.
b. An addition, when the existing building is already
provided with an automatic sprinkler system.
21-208
Ordinance No. 2022-2T2025-
Page 2-1-21 of 2925
c. As determined for new construction per Section 102.4.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-
3.1 occupancies and not housing bedridden clients, not housing
non -ambulatory clients above the first floor, and not housing
clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-
3.1 occupancies housing only one bedridden client and
complying with Section 435.8.3.3 of the California Building
Code.
3. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary
residence. The construction of an accessory dwelling unit shall
not trigger a requirement for fire sprinklers to be installed in the
existing primary dwelling.
4 4. The installation of fire sprinklers shall not be required
in an accessory dwelling unit if sprinklers are not required for
the primary residence. The construction of an accessory
dwelling unit shall not trigger a requirement for fire sprinklers to
be installed in the existing multifamily dwelling.
5. Pursuant to Health and Safety Code, Section 13113,
occupancies housing ambulatory children only, none of whom
are mentally ill children or children with intellectual disabilities,
and the buildings or portions thereof in which such children are
housed are not more than two stories in height, and building or
portions thereof housing such children have an automatic fire
alarm system activated by approved smoke detectors.
21-209
Ordinance No. 2022-2'=2025-
Page 2222 of 2-925
6- 6. Pursuant to Health and Safety Code, Section 13143.6,
occupancies licensed for protective social care which house
ambulatory clients only, none of whom is a child (under the age
of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with in SeefienSections 504.2 or
506.3 of the California Building Code, an automatic sprinkler
system installed in accordance with Section 903.3.1.3 shall be
allowed in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with
Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4
occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows,
903.3 Installation Requirements. Automatic sprinkler
systems shall be designed and installed in accordance with Sections
903.3.1 through 903.3.8 and in accordance with Eity'sCit)Ls Guidelines
and Standards F.02 Fire Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
907.1.6 System dlesignpDq ign. 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.
21-210
Ordinance No. 2022-2T2025-
Page 2323 of 2925
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be
listed assemblies. Fire department inlet connections shall be painted
OSHA safety red unless otherwise approved by the fire code official.
When the fire flow demand of a sprinkler system is 500 gpm or greater,
including the interior hose stream demand if a standpipe system is
installed, four (4) two and one half (2 1/2"") inlets shall be provided.
9.04.320 Amendments to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than one hundred (100) feet
(30.48 m) from a public hydrant. When possible, the fire department
connection shall be located 30 feet (9.14 m) minimum from beginning of
radius for driveway approach. The location of fire department connections
shall be approved by the fire code official.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows:
1203.1.1.1 Emergency Power Outlets. Provide and install
electrical outlets (120 volt, duplex) that are connected to the emergency
generator circuitry/system when a generator is required by Section 1203.2
of the California Fire Code in every fire control room and in other areas as
may be designated by the fire code official. Emergency outlets shall be
placed in the following locations:
1. In the main exit corridor of each floor adjacent to each
exit enclosure.
21-211
Ordinance No. 2022-2'=2025-
Page 2-424 of 2-925
2. On every level in every stairwell.
3. In each elevator lobby.
4 4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
6. In such other areas as may be designated by the fire
code official.
9.04.340 Amendments to Section 3602 Def hiffions.Reserved.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple be. th'rngBerthing and vesseL raftingVessel 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:
Tenders or dinghies may be tied to a svessel's
stern without the need of an action plan providing the length of
the tender or dinghy does not exceed the width of the
vesseUsvessel's beam.
Vessels with beams of less than fourteen (14 feet are
permitted to have a tender or dinghy, up to a maximum of
fourteen 14 feet in length, tied to the svessel's stern.
21-212
Ordinance No. 2022-2T2025-
Page 2525 of 2925
Section 3603.6.2 Permitted multiple berthing.Multiple Berthing. A
permit may be issued for multiple berthing under the following conditions:
4, 1. Multiple berthing occurs between the hours of 0700 to
1800. An action plan must be developed by the applicant
indicating:
a- a. How the vessels will be moved in the event of a fire.
b, 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, 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 CAy sCity's Guidelines and Standards A.10 Multiple
Berthing and/or Rafting at Special Events.
9.04.360 Amendments to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing vessels, and marine
motor vehicle fuel -dispensing facilities stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through 3604.6.
9.04.370 Amendments to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
21-213
Ordinance No. 2022-2'=2025-
Page -626 of 2925
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than one hundred fifty (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 C-"City's Guidelines and Standards
F.01. Fire Protection for Marinas, Wharfs, and Piers.
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21-214
Ordinance No. 2022-272025-
Page 2-727 of 2-925
- -
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9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the fire
code official.
9.04.400 Amendments to Section 5004.1 Scope.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on siteQuantity On Site. No person shall
use or store any amount of Extremely Hazardous Substances (EHS)
equal to or greater than the amounts disclosed as listed in Appendix A,
Part 355, Title 40, of the Code of Federal Regulations in a residential zone
or adjacent to property developed with residential uses, unless approved
mitigation measures are implemented and maintained, as required by the
fire code official.
9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Storage of explosives and blasting agents.Explosive
Materials Terminals. No person shall store explosives or blasting agents
anywhere in the City of Newport Beach unless the fire code official has
issued a permit authorizing use and/or storage.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
21-215
Ordinance No. 2022-2'=2025-
Page 2828 of 2-925
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1.4G, (commonly referred to as ""Safe and Saneq" and
fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks 1.4G and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail Display: Persons shall not conduct a retail
display nor offer for sale explosives, explosive materials or fireworks on
highways, sidewalks, private property, public properties anywhere in the
City of Newport Beach.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. 4. The underground storage of flammable liquids shall be
prohibited in any residential district or any residential area of a planned
community district, as defined in Section 20.14.020 of the Newport Beach
Municipal Code.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows, with related subsections remair
unchanged tinless expressly modified by this ordinance:
5706.4 Bulk piantsPlants or in -a sTerminals. 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.
21-216
Ordinance No. 2022-2'=2025-
Page 2929 of 2-925
Approved installations shall comply with Sections 5706.4.1 through
5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 of Appendix B Fire -Flow Requirements for Buildings 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 Tables B105.1(1)
Exception: A reduction in required fire flow of up to fifty (50) percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 L/min.) for the prescribed duration as specified in Table B105.1(2).
9.04.470 Fire Hazard Severity Zone.
Section 9.04.070 is amended to read as follows:
Pursuant to Ordinance No. 2025-11, the City of Newport Beach
designatesCouncil designated those areas identified in gi,een on the map
attached to the ordinance codified in this section, which is on file with
the City Clerk and available electronically on the City
website, as Fire Hazard Severity Zones which include Moderate, High and
Very High Fire Hazard Severity Zone fortl-ie eity in accordance with Section
51179 of the Government CodeZones.
21-217
Attachment H
Map of Local Responsibility Area Fire Hazard Severity Zones
21-218
Kcal ResnonsiC
:a : l e r1: I It 0 l•Z :a17L
FOUNTAIN
VALLEY
HUNTINGTON
BEACH
a
Z O
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_ SANTAANA TUSTIN '
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�4.
Fire Hazard Severity Zones (FHSZ) in Local Responsibility
Area (LRA), as Identified by the State Fire Marshal
= Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area
(SRA), Effective April 1, 2024
Very High High Moderate
(fftTANA
Mi 0
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ORANGE CO.
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Projection: NAD 83 California Teale Albers
Scale: 1:71,000 at 11" x 17"
Incorporated City 0 Waterbody
Unzoned LRA Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds
Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal
and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread.