HomeMy WebLinkAbout2025-23 - Amending Title 15 (Building and Construction) of the NBMC to Adopt Chapter 1, Division II, of the 2025 Edition of the California Building Code; the 2024 Edition of the International Property Maintenance Code and SwimmingORDINANCE NO. 2025-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 15
(BUILDING AND CONSTRUCTION) OF THE NEWPORT
BEACH MUNICIPAL CODE TO ADOPT CHAPTER 1,
DIVISION II, OF THE 2025 EDITION OF THE CALIFORNIA
BUILDING CODE; THE 2024 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE
AND SWIMMING POOL AND SPA CODE; THE 2025
EDITION OF THE CALIFORNIA BUILDING CODE,
RESIDENTIAL CODE, ELECTRICAL CODE,
MECHANICAL CODE, PLUMBING CODE, GREEN
BUILDING STANDARDS CODE, HISTORICAL CODE,
EXISTING BUILDING CODE, AND ENERGY CODE; AND
TO ,AMEND PORTIONS OF CHAPTER 15.50
(FLOODPLAIN MANAGEMENT), WITH LOCAL
AMENDMENTS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or
act pursuant to any and all rights, powers, and privileges or procedures granted or
prescribed by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption
of new model codes relating to design and construction for the protection of life and
property;
WHEREAS, the 2025 Edition of the California Building Standards Code ("CBC")
is based on the 2024 International Building Code. The CBC published by the BSC in Title
24, Part 1; Part 2 Volume I & II-, Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10,
and Part 11 are mandated to be enforced on January 1, 2026. To include our local
amendments and enhance life safety and property protection, the City must complete its
adoption process thirty (30) days prior to January 1, 2026. The adoption of the code into
the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of
the codes by City Building Official and Fire Code Official;
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WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate
differences caused by local topographical, geographical, and climatic conditions. In
accordance with California Health and Safety Code Section 17958.7, any modifications
made via local ordinance must be filed, along with the findings thereto, with the BSC.
These local changes will be incorporated into Title 15 (Buildings and Construction) of the
NBMC;
WHEREAS, to aid in efficiency and clarity, portions of Title 15 (Buildings and
Construction) are amended in their entirety as indicated in this ordinance and replaced
with each of these modifications to the CBC that are correlated with the findings in
Resolution No. 2025-58 adopted by the City Council of the City on September 9, 2025.
When approved, the ordinance and accompanying resolution will be forwarded to the
BSC in compliance with the above mentioned code sections;
WHEREAS, all prior references to the former Newport Beach Administrative
Code shall be construed to apply to the corresponding provisions of the Newport Beach
Administrative Code contained herein;
WHEREAS, the City participates in the National Flood Insurance Program
("NFIP") with Federal Emergency Management Agency to reduce flooding from storm
events and wave run-up by retention and/or percolation;
WHEREAS, the City makes efforts to improve water quality of Newport Bay, and
Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray,
roof drains, patio and deck drains, and natural watercourses, which then convey
pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline,
hydrocarbons, brake dust, tire residue and other pollutants into surface waters;
WHEREAS, the City reviewed the grading and drainage requirements from the
Federal Emergency Management Agency with NBMC Section 15.10.120 to ensure
consistency and continued compliance with the NFIP; and
WHEREAS, the 2025 CBC is similar to the 2022 version; the attached ordinance
contains similar provisions as adopted by the City Council in 2022. Staff has taken the
opportunity to review existing amendments in detail and some modifications are
recommended. All the changes or modifications are substantially equivalent to changes
or modifications that were previously filed by the City and were in effect as of September
30, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
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Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Reserved.
15.02.040
Amendment to Section 101.4.4.
15.02.050
Amendment to Section 102.6.
15.02.060
Addition of Section 102.7.
15.02.070
Amendment to Section 103.1.
15.02.080
Amendment to Section 105.2.
15.02.085
Addition of Section 105.3.1.1.
15.02.090
Amendment to Section 105.3.2.
15.02.095
Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
15.02.100
Amendment to Section 105.5.
15.02.110
Amendment to Section 109.4.
15.02.120
Addition of Section 117.
Section 15.02.010 Adoption of the Administrative Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1, Division II of the 2025 Edition of the California Building Code as
published by the International Code Council.
The various parts of this chapter, including additions, amendments and deletions adopted
in this section, shall constitute and be known as the "Newport Beach Administrative
Code." A copy of the 2025 California Building Code printed in code book form shall be
kept on file in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.02.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport
Beach Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Reserved.
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Section 15.02.040 Amendment to Section 101.4.4.
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property Maintenance. The provisions of the 2024
International Property Maintenance Code shall be adopted as the
Newport Beach Property Maintenance Code and shall apply to existing
structures and premises; equipment and facilities; light, ventilation, space
heating, sanitation, life and fire safety hazards; responsibilities of owners,
operators and occupants; and occupancy of existing premises and
structures.
Section 15.02.050 Amendment to Section 102.6.
Section 102.6 is amended to read as follows:
Section 102.6 Existing Structures. The legal occupancy of any
structure existing on the date of adoption of this code shall be permitted
to continue without change, except as otherwise specifically provided in
this code, the California Existing Building Code, the International Property
Maintenance Code, California Building Code, the California Residential
Code, or the California Fire Code, or as deemed necessary by the
Building Official.
Section 15.02.060 Addition of Section 102.7.
Section 102.7 is added to read as follows:
Section 102.7 Remodel or Renovation. If the valuation of the permit for
the remodel or renovation of a building is equal to or exceeds fifty (50)
percent of the market value of such building, then the entire building shall
comply with the Code provisions for new construction.
Exceptions:
1. This provision does not apply for permit valuations less than
$350,000.
2. The Building Official is authorized to accept less than the
requirements for new construction if substantial conformance to the
requirements is found and the protection of life and property are
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maintained.
3. This provision shall not apply to projects that meet the criteria set forth
in Newport Beach Municipal Code Section 20.38.060(A)(3) and are
not located in a Special Flood Hazard Area per the latest revision of
the Federal Insurance Rate Map.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of Enforcement Agency. The Building Division
is hereby created and the official in charge thereof shall be known as the
Building Official. The function of the agency shall be the implementation,
administration, and enforcement of the provisions of this code.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
2. Masonry or concrete fences not over 3.5 feet (1,066.8 mm) high
above lowest adjacent grade and not within 3 feet of the property
line, and all other fences not over 6 feet (1,828.8 mm) in height
above lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as
follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group
R- 3 occupancy, or water features, containing less than 18 inches of
water depth, do not exceed 5,000 gallons and are installed entirely
above ground; unless otherwise required by other provisions of the
code.
Section 15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and Demolition Waste Permits. Prior
to issuance of a building permit for construction having a valuation over
$100,000 or a demolition permit for complete demolition of a structure,
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the permittee shall certify that a City franchised solid waste hauler shall
be used for the handling, removal and disposal of all construction and
demolition waste. A permit deposit and fees, set by resolution of the City
Council, shall be paid at the time of submitting the building or demolition
permit application and the Construction and Demolition Waste
Certification and Deposit Form. Said deposit shall be returned to the
permittee at the conclusion of the construction or demolition project, upon
the submittal of documentation that a franchised solid waste hauler was
used to handle, remove and dispose of all construction and demolition
waste. Claims for refund of the permit deposit, that qualify, must be six
(6) months from the date the permit receives a final status from the
Building Division. The permit deposit shall be forfeited in its entirety if the
identified franchised solid waste hauler is not used to handle, remove and
dispose of all construction and demolition waste or a request for refund is
not submitted within the time set forth herein.
If the Building Official finds that the work described in an application for a
building or demolition permit and the plans, specifications and other data
filed therewith conform to the requirements of this code and the technical
codes and other pertinent laws and ordinances, and that the fees
specified in Section 109 have been paid and that a franchised solid waste
hauler is being used, the Building Official shall issue a permit therefor to
the applicant. Prior to any construction or demolition activities authorized
by the permit, the permittee shall notify the Community Development
Department's Code Enforcement Division no less than twenty-four (24)
hours or more than seventy-two (72) hours in advance of its intent to
commence construction or demolition and provide the name of the
franchised solid waste hauler that will haul and dispose of the construction
and demolition waste. Any hauling or disposal of demolition and
construction waste by other than the identified franchised solid waste
hauler shall subject the project to suspension of work as authorized in this
Code and subject the deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building
Official, the Building Official may extend the deadlines set forth in this
section.
Section 15.02.090 Amendment to Section 105.3.2.
Section 105.3.2 is amended to read as follows:
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Section 105.3.2 Time Limitation of Application. An application for a
permit for any proposed work shall be deemed to have been abandoned
one hundred eighty (180) days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued;
except that the Building Official is authorized to grant one or more
extensions of time for additional periods not exceeding one hundred
eighty (180) days each. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time Limit on Permitted Construction.
For any one -unit or two -unit dwelling for which a tentative and final tract
map is not required, the maximum allowable time to complete
construction for any work that requires a building permit including, but not
limited to, any construction, reconstruction, rehabilitation, renovation,
addition(s), modification(s), improvement(s), or alteration(s), shall be
limited to three (3) years, unless an extension is granted in accordance
with Section 105.3.4.
The time limit to complete construction shall begin on the date of issuance
of the first or original building permit.
Final inspection and approval of the construction work by the City shall
mark the date of construction completion for purposes of Section
15.02.095. Time limits set forth herein shall not be extended by issuance
of a subsequent building permit(s) for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of Time Limit to Complete Construction.
The maximum allowable time to complete construction, as set forth in
Section 105.3.3, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may
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request an extension by filing with the Building Official, in writing
and on a form provided by the Building Official, an application for
extension which sets forth: (i) the address of the project site; (ii)
the name of the applicant and property owner; (iii) when the first
or original building permit was issued; (iv) the length of time
extension requested, which shall not be greater than one
hundred eighty (180) calendar days; (v) how many previous
extensions have been granted; (vi) criteria that establish the
cause(s) of delay and the reason for the extension request; (vii)
a comprehensive completion schedule; (viii) a brief description of
the improvements that are the subject of the application; (ix) past
complaints and enforcement history; and (x) any other
information requested by the City.
b) Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit. The application for extension to the Building Official shall
be accompanied by a fee adopted by resolution of the City
Council.
c) Within forty-five (45) days of a request for extension, the Building
Official may ministerially grant, conditionally grant or deny a
request for extension for a period not to exceed one hundred
eighty (180) calendar days with a maximum of two extensions
being granted by the Building Official under this subsection. The
Building Official shall only grant an extension if he/she
determines adequate progress has been made towards
completion of construction and the request for extension is
necessary for its completion. The decision of the Building Official
shall be final and non -appealable.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the
timeframe authorized by the Building Official, a property owner,
or authorized agent of the property owner, may request an
additional extension by filing with the City Clerk, in writing and on
a form provided by the City Clerk, an application for extension
which sets forth: (i) the address of the project site; (ii) the name
of the applicant and property owner; (iii) when the first or original
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building permit was issued; (iv) the length of time extension
requested, which shall not be greater than one hundred eighty
(180) calendar days; (v) how many previous extensions have
been granted; (vi) criteria that establishes the cause(s) of delay
and the reason for the extension request; (vii) a comprehensive
completion schedule; (viii) a brief description of the
improvements that are the subject of the application; (ix) past
complaints and enforcement history; and (x) any other
information requested by the City.
b) Unless authorized by the Building Official in writing, an
application for extension shall be submitted no later than forty-
five (45) calendar days prior to the expiration of the building
permit.
c) An application for extension filed with the City Clerk shall be
accompanied by a hearing and noticing fee adopted by resolution
of the City Council.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in
subsection 2, a Hearing Officer, designated by the City Manager,
shall hear and decide whether a third application for extension,
or fourth application for extension, shall be granted, conditionally
granted, or denied. The City Council shall hear and decide
whether any additional application for extension, beyond four
total extensions, shall be granted, conditionally granted or
denied. The applicable hearing body shall be referred to herein
as the "review authority."
b) For any application for extension to be heard by a Hearing
Officer, the City Manager shall appoint a Hearing Officer with the
requisite qualifications and experience to consider the application
for extension. The Hearing Officer shall not be a City employee
and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be
conditioned, either directly or indirectly, upon the outcome of any
decision by the Hearing Officer.
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Within seven (7) calendar days of the City Clerk's receipt of an
application for extension, the City Manager or his/her designee
shall notify the applicant of the name of the Hearing Officer in
accordance with Section 1.08.080. If the applicant wishes to
challenge the designated Hearing Officer, the applicant shall
have seven (7) calendar days from the date of service of the
notice to submit to the City Manager a request, in writing, to
disqualify the Hearing Officer, which sets forth the basis for
disqualification. A Hearing Officer may only be disqualified for: (i)
bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for
which a judge may be disqualified after a showing of good cause
under the laws of the State of California.
The City Manager will review any request for disqualification and
decide as to whether a Hearing Officer shall be disqualified. The
City Manager's decision shall be final. If the City Manager
disqualifies a Hearing Officer, the City Manager shall designate
a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the
hearing of the application, in accordance with Section 1.08.080,
at least ten (10) calendar days prior to the date of the hearing. All
hearings on an application to be heard by the review authority
shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of
the project site that is the subject of the application, at least
ten (10) calendar days in advance of the hearing. The notice
shall contain: the address of the project site; the length of time
extension requested; the new end project date if the
application is approved; the name of the applicant and
property owner; a brief description of the improvements; the
date, time, and place of the hearing; and a statement
informing the person they have the ability to attend the
hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject
of the application, at least ten (10) calendar days before the
scheduled hearing. The size, location and number of sign(s)
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shall be posted as determined by the City Manager. The
applicant shall be responsible for maintaining the sign(s) in a
satisfactory condition and shall remove all sign(s) within
twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in
compliance with this subsection shall not invalidate the
actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which
notice was given.
b) The review authority shall only consider evidence and testimony,
presented by the applicant or any other interested person,
relevant to whether: (i) special circumstances warrant an
extension of time; (ii) the failure to meet the time limit was caused
by circumstances beyond the property owner's, applicant's or
their contractor's control; and (iii) any approval should contain
conditions to ensure timely completion of the project in a manner
that limits impacts on surrounding property owners. Any
documents submitted by City staff shall constitute prima facie
evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a
one hundred and eighty (180) calendar day extension, per
application for extension, if it finds special circumstances warrant
an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's,
applicant's or their contractor's control. If the review authority
makes the findings to grant an extension, the review authority
shall consider whether conditions are necessary to ensure timely
completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the
application if it cannot make the findings set forth in this
subsection.
d) A hearing may be continued without further notice, provided the
Hearing Officer or chair of the review authority announces the
date, time, and place to which the hearing will be continued
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before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and
defer its action on a final decision until appropriate findings
and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth
its findings, and the decision shall be final and effective on the
date the decision is made, unless otherwise specified by the
review authority. The review authority shall provide the City Clerk
with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision
to the applicant within ten (10) calendar days of receipt of the
final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a
building permit or extending a building permit if the extension is a term
of an enforceable settlement agreement between the City and the
property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City
body. A person shall not seek judicial review related to any application
for extension until the person has first exhausted all administrative
procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction
and shall not relieve any person or entity from complying with any other
applicable provision of federal, state or local law including, but not
limited to, construction related laws adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
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Section 105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced
within one hundred eighty (180) days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a
period of one hundred eighty (180) days after the date of the last recorded
inspection. Before such work can be recommenced, the permit shall be
first reissued, and the permittee shall pay a new permit fee. Except for
instances where permits for suspended or abandoned work have had
previous inspections recorded, the fee shall be one half the amount
required for a new permit for such work, provided no changes have been
made or will be made in the original approved plans and specifications for
such work; and provided further that such suspension or abandonment
has not exceeded one year. Permits shall not be renewed more than
once.
The Building Official is authorized to grant, in writing, one (1) or more
extensions of time, for periods not more than one hundred eighty (180)
days each. The extension shall be requested minimum fifteen (15) days
prior to the permit expiration in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work Commencing Before Permit Issuance. Any
person who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits
shall be subject to an investigation fee in addition to the required permit
fees. The investigation fee shall be collected whether or not a permit is
then or subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required in the City Council fee resolution. The
payment of such investigation fee shall not exempt an applicant from
compliance with all applicable provisions of either the codes or referenced
standards or the technical codes nor from the penalty prescribed by law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 — Demolition of Entire Structure.
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Section 117.1 Notification. When an entire structure is to be
demolished, notification by certified mail to adjacent owners is required at
least thirty (30) days before demolition commences. Proof of notification
is required prior to permit issuance. Unless determined otherwise by the
Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the
Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.03
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
15.03.010 Adoption of the International Property Maintenance Code.
15.03.020 Deletion of Chapter 1, except Sections 101, 102, 109.1, 109.1.4,
109.4, 109.7 and 109.8.
15.03.030 Amendment to Section 101.1.
15.03.040 Amendment to Section 102.3.
15.03.045 Amendment to Section 302.4.
15.03.050 Amendment to Section 303.2.
Section 15.03.010 Adoption of the International Property Maintenance Code.
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 2024 International Property Maintenance Code, as published by the International
Code Council.
The various parts of this code, along with the amendments and deletions adopted in this
section, shall constitute and be known as the "Newport Beach Property Maintenance
Code." A copy of the 2024 International Property Maintenance Code shall be kept on file
in the office of the Building Official pursuant to Health and Safety Code Section
18942(e)(1) and made available for public inspection.
Section 15.03.020 Deletion of Chapter 1, Except Sections 101, 102, 109.1, 109.1.4,
109.4, 109.7, and 109.8.
Section 15.03.020. Chapter 1 of the Property Maintenance Code is
deleted, except Sections 101, 102, 109.1, 109.1.4, 109.4, 109.7, and
109.8.
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Section 15.03.030 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach Property
Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other Codes. Repairs, additions or
alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the applicable adopted
codes. Nothing in this code shall be construed to cancel, modify, or set
aside any provisions of the Newport Beach Municipal Code.
Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. Premises and exterior property shall be
maintained free from weeds or plant growth that create a fire hazard or
are overgrown in a way that they obstruct the right of way, block visibility
of pedestrians and drivers, or harbor rats, vermin, or insects. Noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual
plants, and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers and gardens. Upon failure of the
owner of agent having charge of a property to cut and destroy weeds after
service of a notice of violation, they shall be subject to prosecution in
accordance with California Building Code Section 114.3 and as
prescribed by the authority having jurisdiction.
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas
or water features containing more than eighteen (18) inches of water
depth shall comply with section 305.2 of the Newport Beach Residential
Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach
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Building Code. No existing pool enclosure shall be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code.
15.04.020
Amendment to Section 105.2.
15.04.030
Reserved.
15.04.040
Reserved.
15.04.050
Reserved.
15.04.060
Reserved.
15.04.070
Reserved.
15.04.080
Amendment to Section 903.2.
15.04.090
Amendment to Section 903.2.8.
15.04.100
Reserved.
15.04.110
Amendment to Table 1505.1.
15.04.120
Amendment to Section 1505.1.2.
15.04.130
Amendment to section 1612.3.
15.04.140
Amendment to Section 1704.2.1.
15.04.150
Reserved.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Building Code, Volumes 1 and 2, including
Appendix I, and all national codes and standards referenced therein, based on the 2024
International Building Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments
and deletions adopted in this section, shall constitute and be known as the "Newport Beach
Building Code." A copy of the 2025 California Building Code Volumes 1 and 2, printed in
code book form, shall be kept on file in the office of the Building Official pursuant to Health
and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.04.020 Amendment to Section 105.2.
Ordinance No. 2025-23
Page 17 of 57
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.
Ordinance No. 2025-23
Page 18 of 57
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.
Ordinance No. 2025-23
Page 19 of 57
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.
Ordinance No. 2025-23
Page 20 of 57
Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTIONa
IA
IB
IIA
IIB
IIIA
11113
IV
VA
VB
B
B
B
B
B
B
B
B
B
allnless otherwise required in accordance with the California Wildland-Urban Interface
Code or due to the location of the building within a fire district in accordance with
Appendix D.
Section 15.04.120 Amendment to Section 1505.1.2. Section 1505.1.2 is amended to
read as follows:
Section 1505.1.2 Roof coverings within all other areas other than
Fire Hazard Severity Zones or a Wildland-Urban Interface (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
Ordinance No. 2025-23
Page 21 of 57
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
Ordinance No. 2025-23
Page 22 of 57
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.
Ordinance No. 2025-23
Page 23 of 57
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
Ordinance No. 2025-23
Page 24 of 57
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.
Ordinance No. 2025-23
Page 25 of 57
R301.1.3.3 Structures other than Wood Frame. The Building Official
shall require floor, wall or roof -ceiling structural elements in dwellings
designed of cold formed steel, concrete, and masonry prescribed by this
code to be approved and stamped by a California licensed architect or
engineer. Notwithstanding other sections of law, the law establishing
these provisions is found in California Business and Professions Code
Sections 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Table R301.2 is amended by completing the table to read as follows:
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
WIND DESIGN
SEISMIC DESIGN
SUBJECT TO DAMAGE FROM
ICE BARRIER
FLOOD
AIR
MEANANNU
Speed°
Topographic
Special
Wmdborne
Weathering'
Frost
Termite`
SNOW
CATEGORY'
UNDERLAYMENT
REQUIRED"
HAZARDS-
FREEZING
INDEX'
ALTEMPI
LOAD'
(mph)
effects'
wlnd regfod
debris zone
fine depth°
ZERO
95
NO
NO
NO
D. D„ D, OR E
NEGLIGIBLE
I NA
I VERY HEAVY1
NO
SEE FOOTNOTE
0
60.7
MANUAL J DESIGN CRITERIA"
Altitude
Coincident
Indoor winter
Indoor winter design
Outdoor winter design
Healing temperature dif-
Elevation
correction
wet bulb
design dry-bulb
dry-bulb temperature
dry-bulb temperature
ference
faetof
temperature
10 FEET
1.0
67
70
70
43
30'
Indoor summer
Indoor summer
Indoor summer design
Outdoor summer design
Cooling temperature dif-
Latitude
Daily range
design relative
design relative
dry-bulb temperature
dry-bulb temperature
Terence
humidity
humidity
33.608
12
50
50
75
80
15°
Section 15.05.090 Amendment to Table R301.2 Footnote g.
Table R301.2 footnote g is amended to read as follows:
Section Table R301.2 Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management
Agency's Flood Insurance Rate Map (FIRM) dated March 21, 2019, Flood
Insurance Study (FIS Profile) effective date of revision: March 21, 2019;
Community number: 060227; Map: 06059; Panels: 264, 267, 268, 269,
286, 288, 289, 377, 381, 382,384, 401, 402, 403, 404, 406 and 408; Suffix
"K"; Initial NFIP map date: March 15,1974; and Initial FIRM date:
September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain Construction. Buildings and structures
constructed in whole or in part in flood hazard areas as established in
Ordinance No. 2025-23
Page 26 of 57
Table R301.2, and substantial improvement and repair of substantial
damage of buildings and structures located in whole or in part in flood
hazard areas, shall be designed and constructed in accordance with
Chapter 15.50, Floodplain Management, and Section R306. Buildings
and structures that are located in more than one flood hazard area,
including A Zones, Coastal A Zones and V Zones, shall comply with the
provisions associated with the most restrictive flood hazard area.
Buildings and structures located in whole or in part in identified floodways
shall be designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate Provisions. As an alternate to the requirements in
Section R306 and Chapter 15.50, Floodplain Management, ASCE 24 is
permitted subject to the limitations of this code and the limitations therein.
Section 15.05.110 Amendment to Section R317.3.
Section R317.3 is amended to read as follows:
Section R317.3 Flood Hazard Areas. Garages and carports located in
flood hazard areas as established by Table R301.2, shall be constructed
in accordance with Section 306R306 and Chapter 15.50, Floodplain
Management.
Section 15.05.120 Reserved.
Section 15.05.130 Reserved.
Section 15.05.140 Reserved.
Section 15.05.150 Reserved.
Section 15.05.160 Reserved.
Section 15.05.170 Reserved.
Section 15.05.180 Deletion of Section R309.
Section 15.05.180 is amended to read as follows:
Section R309 is deleted in its entirety and replaced by California Building
Code Section 903.2.8 as amended in Section 15.04.090.
Ordinance No.'2025-23
Page 27 of 57
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.
Ordinance No. 2025-23
Page 28 of 57
Section 15.05.240 Amendment to Section R401.4.
Section 15.05.240 is amended to read as follows:
Section R401.4 is deleted in its entirety and replaced by California
Building Code Section 1803 Geotechnical Investigations.
Section 15.05.250 Reserved.
Section 15.05.260 Amendment to Section R405.1.
Section R405.1 is amended by adding Exceptions to read as follows:
Exceptions:
1. A drainage system is not required when the foundation is installed on
well- drained ground or sand -gravel mixture soils according to the
Unified Soil Classification System, Group I Soils, as detailed in Table
R405.1.
2. A foundation drainage system is not permitted for basement walls
extending below high tide of the Newport Bay water elevation.
Section 15.05.270 Reserved.
Section 15.05.280 Reserved.
Section 15.05.290 Amendment to Section R902.
Section 15.05.290 is amended to read as follows:
Section R902 is deleted in its entirety and replaced by California Building
Code Section 1505 as amended in Newport Beach Municipal Code
Sections 15.04.110 through 15.04.120.
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal
Code is deleted in its entirety and amended to read as follows:
Chapter 15.06
ELECTRICAL
CODE
Sections:
Ordinance No. 2025-23
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
Ordinance No. 2025-23
Page 30 of 57
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
Ordinance No. 2025-23
Page 31 of 57
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:
Ordinance No. 2025-23
Page 32 of 57
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.
Ordinance No. 2025-23
Page 33 of 57
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
Ordinance No. 2025-23
Page 34 of 57
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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Page 35 of 57
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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Page 36 of 57
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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Page 37 of 57
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.
Ordinance No. 2025-23
Page 38 of 57
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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Page 39 of 57
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:
Ordinance No. 2025-23
Page 40 of 57
TABLE 306.6
mime el let nRaINilQF SI nPFS FnR r)FCK RLIRFACFS
MINIMUM DRAINAGE SLOPE
SURFACE
(INCH PER FOOT)
l
Exposed ag@resate
l
+
Textured. hand -finished concrete
s
Travertine brick -set payers. public pools or spas
s
s
Travertine brick -set pavers. residential pools or spas
s
Wood
)
s
Wood plastic composite
l
S
For SI: 1 uich = 25.4 nuu. 1 Foot = 304.8 mm.
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose 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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Page 41 of 57
Section 307.1.5 Accessibility. An accessible route to pools and spas of
new common use areas serving covered multi -family dwellings shall be
provided in accordance with the Chapter 11A of California Building Code.
Accessibility within pools and spas shall be provided as required by
Chapter 11A of California Building Code.
Section 15.09.300 Amendment to Section 307.2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and Structural Design. Pools and spas shall
conform to one or more of the standards indicated in Table 307.2.2. The
structural design of pools and spas shall be in accordance with the
California Building Code or the California Residential Code.
Section 15.09.305 Amendment to Section 311.1 Exception #2.
Section 311.1 Exception #2 is amended to read as follows:
2. Wading pools shall not have suction outlets. Skimmers or overflow
gutter shall be installed and shall accommodate one hundred (100)
percent of the circulations system flow rate.
Section 15.09.310 Amendment to Section 317.4.
Section 317.4 is amended to read as follows:
Section 317.4 Installation. Heaters shall be installed in accordance with
the manufacturer's specifications and the California Plumbing Code,
California Mechanical Code, California Energy Code, California Electrical
Code, as applicable. Solar thermal water heaters shall be installed in
accordance with Section 316.6.
Section 15.09.320 Amendment to Section 317.6.1.
Section 317.6.1 is amended to read as follows:
Section 317.6.1 Installation. Solar thermal water heaters shall be
installed in accordance with the California Mechanical Code.
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Page 42 of 57
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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Page 43 of 57
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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Page 44 of 57
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.
Ordinance No. 2025-23
Page 45 of 57
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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Page 46 of 57
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 140°F (60°C).
Section 15.09.480 Add Section 907.
Section 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water Temperature. The temperature of the incoming makeup
water shall not exceed 104°F (40°C).
Section 9: Chapter 15.11 (Green Building Standards Code) of the Newport
Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Standards.
Section 15.11.010 Adoption of the California Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2025 Edition of the California Green Building Standards Code.
Ordinance No. 2025-23
Page 47 of 57
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
Ordinance No. 2025-23
Page 48 of 57
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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Page 49 of 57
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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Page 50 of 57
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
Ordinance No. 2025-23
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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.
Ordinance No. 2025-23
Page 54 of 57
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
Ordinance No. 2025-23
Page 55 of 57
(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
Ordinance No. 2025-23
Page 56 of 57
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.
Ordinance No. 2025-23
Page 57 of 57
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: Mayor Stapleton, Mavor Pro Tern Kleiman, Councilmember Barto,
Councilmember Blom, Councilmember Grant, Councilmember
Weber, Councilmember Weigand
NAYS: None
ATTEST:
1:6.- VolIV Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY A TORNEY'S OFFICE
A ron . Harp, City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
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. 2025-23 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 23rd 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.
-A,, Molk Pory, MPA, CIVIC
Interim City Clerk cai�`�PORT,
City of Newport Beach, California o�
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-23 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 this3 day of Ddit", 2025.
A NA'kA -
NlolYy Perry, M A, CMC
Interim City Clerk
City of Newport Beach, California