HomeMy WebLinkAbout09 - 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 AmendmentsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 23, 2025
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: 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
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For the City Council's consideration are the adoption of amendments to Title 15 (Buildings
and Construction) and Chapter 9 (Fire Code) the Newport Beach Municipal Code (NBMC)
incorporating the 2025 California Building Standards Codes, the 2025 California Fire
Code, and 2025 California Wildland-Urban Interface with Local Amendments. The
attached ordinances were introduced and considered at the September 9, 2025, City
Council meeting.
RECOMMENDATION:
a) Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section
15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance
regarding second units to implement the provisions of Sections 65852.1 and 65852.2
of the Government Code are exempt from the requirements of CEQA;
b) Conduct second reading and adopt 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 11,
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;
9-1
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
September 23, 2025
Page 2
c) Conduct second reading and adopt 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
d) Conduct second reading and adopt 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.
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 Titles 9 (Fire
Code) and 15 (Building and Construction) of the NBMC. 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.
At the September 9, 2025, City Council meeting, the City Council adopted Resolution
Nos. 2025-58 and 2025-59 adopting the necessary findings supporting the local
amendments. At the same meeting, the City Council also introduced and considered
Ordinance No. 2025-23 (Attachment A), No. 2025-24 (Attachment B), and No. 2025-25
(Attachment C).
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
9-2
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
September 23, 2025
Page 3
the environment. This code amendment itself does not authorize development that would
directly result in physical change to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2025-23: Adopting the California Building Standards
Code and Other Related Codes
Attachment B — Ordinance No. 2025-24: Adopting the California Fire Code
Attachment C — Ordinance No. 2025-25: Adopting the California Wildland-Urban
Interface Code
9-3
Attachment A
Ordinance No. 2025-23 - Adopting the California Building Standards Code and
Other Related Codes
ORDINANCE NO. 2025-Z
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 11, 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 & 11; 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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Ordinance No. 2025-
Page 2 of 57
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
01L
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:
Ordinance No. 2025-
Page 3 of 57
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.
9-7
Ordinance No. 2025-
Page 4 of 57
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
.;
Ordinance No. 2025-
Page 5 of 57
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,
Ordinance No. 2025-
Page 6 of 57
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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Ordinance No. 2025-
Page 7 of 57
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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Ordinance No. 2025-
Page 8 of 57
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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Ordinance No. 2025-
Page 9 of 57
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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Ordinance No. 2025-
Page 10 of 57
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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Ordinance No. 2025-
Page 11 of 57
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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Ordinance No. 2025-
Page 12 of 57
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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Ordinance No. 2025-
Page 13 of 57
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.
9-18
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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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Ordinance No. 2025-
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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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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.
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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
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
LB
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
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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
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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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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
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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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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
ri iunrtr nun r_�nr_onowr nomr_u r o w
GROUND
WIND DESIGN
SUBJECT TO DAMAGE FROM
ICE BARRIER
AIR
SNOW
SEISMIC DESIGN
CATEGORY'
UNDERLAYMENT
FLOOD
HAZARDS•
FREEZING
MFJINANNU
ALTEMP�
Speed°
Topographic
Special
Windbome
Frost
LOAD'
(mph)
effects`
wind region'
debris zone'"
Weathering'
line depth.
Termite`
REQUIREW
INDEX'
ZERO___
95
NO
NO
NO
D.,, D,. D„ ORE
NEGLIGIBLE
NA
VERY HEAVY
NO
see FOOTflM.E a
0
60.7
MANUAL J DESIGN CRITERIA"
Altitude
Indoor winter
lilevation
correction
Coincident
designdn.-bulbIndoor
winter design
Outdoor winter design
Heating temperature dif-
factor'
wet bulb
temperature
drv-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
Coolin-g temperature dif- i
humidity
humidity
dry-bulb temperature
dry-bulb temperature
t'erence
33.606
12
50
50
75
60
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 Construction. Buildings and structures
constructed in whole or in part in flood hazard areas as established in
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Ordinance No. 2025-
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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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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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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:
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
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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
9-33
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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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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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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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)
Exposed ap-egat
Textured. ]rand-fnii hed concrete
I g
Travertine brick -set pavers. public pools or spas
Traverhne brick -set parer'-,. residential pools or spas
S
Rood
s
Wood plastic composite
s
For SI: 1 indi = 2 5.4 nnn 1 foot = 304.5 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 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 11 A 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:
Section 904 STRUCTURE AND DESIGN
904.1 Water Depth. The maximum water depth for spas shall be four
(4) feet measured from the design waterline. The water depth for exercise
spas shall not exceed six (6) feet, six (6) inches measured from the design
waterline.
904.2 Multilevel Seating. Where multilevel seating is provided, the
maximum water depth of any seat or sitting bench shall be twenty (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 (600C).
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 1040F (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:
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
Ae&M C. Harp, City Att rney
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Attachment B
Ordinance No. 2025-24 — Adopting the California Fire Code
9-62
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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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.
Ordinance No. 2025-
Page 3 of 25
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-
Page 5 of 25
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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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
Ordinance No. 2025-
Page 7 of 25
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
. ,.
Ordinance No. 2025-
Page 8 of 25
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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Ordinance No. 2025-_
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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 1.4G, (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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Ordinance No. 2025-
Page 23 of 25
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.
Ordinance No. 2025-
Page 25 of 25
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
C.�
Aaron C. Harp, City Attorney
Attachment: Section 9.04.470 Local Agency Very High Fire Hazard Severity Zone Map
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Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 0 1 2 3
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C. �S Projection: NAD 83 California Teals Albers
Scale: 1: 71,000 at 11' x 17'
Fire Hazard Severity Zones in State Responsibility Area
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Very High High Moderate 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 idenUfied 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 C
Ordinance No. 2025-25 — Adopting the California Wildland-Urban Interface Code
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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Ordinance No. 2025-
Page 2 of 7
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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Ordinance No. 2025-
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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 ortotal
9-92
Ordinance No. 2025-
Page 4 of 7
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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Ordinance No. 2025-
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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
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
— Al 02.3.2.2
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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Ordinance No. 2025-
Page 7 of 7
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
Cv✓� �/—
Aar/on C. Harp, City Attorney
Mono