HomeMy WebLinkAbout2025-25 - Adding Chapter 9.07 (Wildland Urban Interface Code) to Title 9 of the NBMC to Adopt the 2025 Edition of the California Wildland Urban Interface Code, with Local AmendmentsORDINANCE 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;
Ordinance No. 2025-25
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.
Ordinance No. 2025-25
Page 3 of 7
The various parts of these codes and standards, along with the additions, amendments
and deletions adopted in this section, shall constitute and be known as the "Newport
Beach Wildland-Urban Interface Code." A copy of the 2025 California Wildland-Urban
Interface Code, printed in code book form, shall be kept on file in the office of the fire code
official and building official and made available for public inspection.
Section 9.07.020 Amendment of Section 101.3.1 Application.
Section 101.3.1 Application is amended to read as follows:
Section 101.3.1. Application is amended by deleting exception No. 5 in
its entirety.
Section 9.07.030 Amendment of Section 101.3.1.1 Application Date and Where
Required.
Section 101.3.1.1 Application Date and Where Required is amended to read as follows:
Section 101.3.1.1 Application Date and Where Required is amended by
deleting Exception No. 2 in its entirety.
Section 9.07.040 Amendment of Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
FUEL MODIFICATION PLAN: An approved plan which identifies
specific fuel modification zones within a property are subject to fuel
modification. Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary
to achieve the minimum acceptable level of risk to structures from fires
in combustible vegetation.
FUEL MODIFICATION ZONE: A specific area where vegetation has
been removed, planted, or modified in conjunction with an approved
fuel modification plan that increases the likelihood that a structure will
survive a wildfire, improve the defensible space around the structure
for firefighting activities, and prevents direct flame contact with
structures. Vegetation includes native and ornamental plants, non-
native naturalized annual grasses, and other invasive or naturalized
species. Fuel modification activities can include removal, partial or total
Ordinance No. 2025-25
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.
Ordinance No. 2025-25
Page 5of7
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
— A102.3.2.2
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.
-f;.
Ordinance No. 2025-25
Page 7of7
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: Mayor Stapleton, Mayor Pro Tern Kleiman, Councilmember Barto,
Councilmember Blom, Councilmember Grant, Councilmember
Weber, Councilmember Weigand
NAYS: None
ATTEST:
APPROVED AS TO FORM: � ° `®
CITY ATTORNEY'S OFFICE
."' C.
Aaron . Harp, City Attorney
Joe St*leton� Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH f
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2025-25 was duly introduced on the 9th day of September, 2025, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 23,d day of September, 2025, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember
Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant,
Councilmember Sara J. Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 24th day of September 2025.
�.., Mo y Po6y, MPA, C M C
Interim City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
u z�
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss. CqC/FO VL
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-25 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: August 30, 2025
Adopted Ordinance: October 4, 2025
In witness whereof, I have hereunto subscribed my name thif day ofeAk ,2025.
(W-�A /-'C'
Molly Perry, MPA, CIVIC
Interim City Clerk
City of Newport Beach, California