HomeMy WebLinkAbout2013-24 - Amending Title 15 Of The Newport Beach Municipal Code To Adopt Amendments To Chapter 1 Division Ii Of The 2013 California Building Code Designated As The Newport Beach Administrative Code; To Adopt The 2012 International Property Maintenance CodCITY OF NEWPORT BEACH
BUILDING DEPARTMENT
ORDINANCE NO. 2013 -24
TABLE OF CONTENTS
TITLE 15
SECTION 1
Amendments to Chapter 15.02 Administrative Code
3
SECTION 2
Amendment to Chapter 15.03 International Property
7
Maintenance Code
SECTION 3
Amendments to Chapter 15.04 Building Code
9
SECTION 4
Amendments to Chapter 15.05 Residential Code
17
SECTION 5
Amendment to Chapter 15.06 Electrical Code
23
SECTION 6
Amendment to Chapter 15.07 Mechanical Code
25
SECTION 7
Amendment to Chapter 15.08 Plumbing Code
26
SECTION 8
Adoption of Chapter 15.09 Swimming Pool Code
27
SECTION 9
Amendment of Chapter 15.10 Excavation and Grading Code
29
SECTION 10
Amendments to Chapter 15.11 Green Building Standards Code
36
SECTION 11
Adoption of Chapter 15.13 Historical Building Code
37
SECTION 12
Adoption of Chapter 15.14 Existing Building Code
37
SECTION 13
Adoption of Chapter 15.17 Energy Code
38
SECTION 14
Amendment to Chapter 15.50 Floodplain Management
38
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ORDINANCE NO. 2013 -24
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
AMENDMENTS TO CHAPTER 1 DIVISION 11 OF THE 2013
CALIFORNIA BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2012
INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2013
CALIFORNIA HISTORICAL CODE; THE 2013 CALIFORNIA EXISTING
BUILDING CODE; TO ADOPT WITH LOCAL AMENDMENTS TO THE
2013 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2013
EDITION OF THE CALIFORNIA RESIDENTIAL CODE; THE 2013
CALIFORNIA ELECTRICAL CODE; THE 2013 CALIFORNIA
PLUMBING CODE; THE 2013 CALIFORNIA MECHANICAL CODE; THE
2012 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; THE
EXCAVATION AND GRADING CODE; AND THE 2013 CALIFORNIA
GREEN BUILDING STANDARDS CODE
RECITALS
WHEREAS, Health & Safety Code Sections 17922 and 18935, the Building
Standards Commission ( "BSC ") has approved the adoption of new model codes relating
to design and construction for the protection of life and property. The BSC has advised
local jurisdictions that the State will adopt the 2013 Edition of the California Building
Code ( "CBC "); and
WHEREAS, the 2013 CBC is based on the 2012 International Building Code.
The CBC published by the BSC in Title 24, Part 1; Part 2 Volume I & ll; Part 2.5, Part 3,
Part 4, Part 5, Part 6, Part 11 are mandated to be enforced on January 1, 2014. In
order to include our local amendments and enhance life safety and property protection,
the City of Newport Beach must complete its adoption process thirty (30) days prior to
January 1, 2014. The adoption of the code into the City Municipal Code provides for an
orderly administration of the codes by City Building and Fire officials; and
WHEREAS, local jurisdictions may amend the State Building Code 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 of the Newport
Beach Municipal Code; and
WHEREAS, to aid in efficiency and clarity, portions of Title 15 are amended in
their entirety as indicated in this ordinance and replaced with each of these
modifications to the State code that are correlated with the findings in Resolution
No. 2013 -79 adopted by the City Council of the City of Newport Beach on November 12,
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2013. When approved, the ordinance and accompanying resolution will be forwarded to
the BSC in compliance with the above mentioned code sections, and
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute and be
known as the Newport Beach Administrative Code; and
WHEREAS, all prior references to the former Newport Beach Administrative
Code shall be construed to apply to the corresponding provisions of the Newport Beach
Administrative Code contained herein; and
WHEREAS, the 2013 California Building Code is similar to the 2010 version; the
attached ordinance contains similar provisions as adopted by the City Council in 2010.
Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW, THEREFORE, The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.02
ADMINISTRATIVE CODE
15.02.010
Adoption of the Administrative Code.
15.02.020
Amendment to Section 101.1.
15.02.030
Amendment to Section 101.4.1.
15.02.040
Amendment to Section 101.4.2.
15.02.050
Amendment to Section 101.4.3.
15.02.060
Amendment to Section 101 AA.
15.02.070
Amendment to Section 101.4.5.
15.02.080
Amendment to Section 101.4.6
15.02.090
Amendment to Section 102.6.
15.02.100
Added to Section 102.7.
15.02.110
Amendment to Section 103.1
15.02.120
Amendment to Section 105.2
15.02.130
Amendment to Section 105.3.2
15,02.140
Amendment to Section 105.5
15.02.150
Amendment to Section 109.4
Section 15.02.010 Adoption of the Administrative Code.
15.02.010 Adoption of Section 15.02.010
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The City Council adopts and incorporates by reference, as though set forth in full in this
section Chapter 1 Division II of the 2013 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 2013 California Building Code printed in code book
form shall be kept on file in the office of the City Clerk.
Section 15.02.020 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Administrative Code, hereinafter referred to as "this code."
Section 15.02.030 Amendment to Section 101.4.1
Section 101.4.1 is amended to read as follows:
Section 101.4.1 Gas. The provisions of the California Plumbing Code shall apply
to the installation of gas piping from the point of delivery, gas appliances and
related accessories as covered in this code. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
Section 15.02.040 Amendment to Section 101.4.2
Section 101 A.2 is amended to read as follows:
Section 101.4.2 Mechanical. The provisions of the California Mechanical Code
shall apply to the installation, alterations, repairs and replacement of mechanical
systems, including equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air - conditioning and refrigeration systems,
incinerators and other energy- related systems.
Section 15.02.050 Amendment to Section 101.4.3
Section 101.4.3 is amended to read as follows:
Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall
apply to the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
Section 15.02.060 Amendment to Section 101.4.4
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Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenance. The provisions of the Newport Beach
Property Maintenance Code shall apply to existing residential 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 15.02.070 Amendment to Section 101.4.5
Section 101.4.5 is amended to read as follows:
Section 101.4.5 Fire prevention. The provisions of the California Fire Code as
amended by the City of Newport Beach shall apply to matters affecting or relating
to structures, processes and premises from the hazard of fire and explosion
arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of
structures or premises; and from the construction, extension, repair, alteration or
removal of fire suppression and alarm systems or fire hazards in the structure or
on the premises from occupancy or operation.
Section 15.02.080 Amendment to Section 101.4.6
Section 101.4.6 is amended to read as follows:
Section 101.4.6 Energy. The provisions of the California Energy Code shall
apply to all matters governing the design and construction of buildings for energy
efficiency.
Section 15.02.090 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 is specifically covered in this code, the California
Building Code, the California Residential Code, the California Property
Maintenance Code, or the California Fire Code, or as is deemed necessary by
the Chief Building Official for the general safety and welfare of the occupants and
the public.
Section 15.02.100 Added to Section 102.7
Section 102.7 is added to read as follows:
5
Section 102.7 Remodel or renovation. If the valuation of the permit for the
remodel or renovation of a building is equal to or exceeds 50 percent of the
market value of such building, then the entire building shall comply with the Code
provisions for new construction.
Exceptions:
1. This provision does not apply for permit valuations less than $200,000;
2. The Chief Building Official is authorized to accept less than the
requirements for new construction if substantial conformance to the
requirements is found and the protection of life and property are
maintained,
Section 15.02.110 Amendment to Section 103.1
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. The Building Division is
hereby created and the official in charge thereof shall be known as the Chief
Building Official.
Section 15.02.120 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in
height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8
mm) in height above lowest adjacent grade.
Section 15.02.130 Amendment to Section 105.3.2
Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days after the
date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the Chief Building Official is authorized to grant
extensions of time for additional periods not exceeding 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
Section 15.02.140 Amendment to Section 105.5
Section 105.5 is amended to read as follows:
Section 105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after
its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the date of the last recorded inspection.
Before such work can be recommenced, a new permit shall be first obtained to
do so, and the permittee shall pay a new permit fee except for permits for
suspended or abandoned work where inspections were previously recorded the
fee shall be one half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original approved
plans and specifications for such work; and provided further that such
suspension or abandonment has not exceeded one year. Permits shall not be
renewed more than once._ The Chief Building Official is authorized to grant, in
writing, one or more extensions of time, for a period not more than 180 days
each provided work has not commenced. The extension shall be requested in
writing and justifiable cause demonstrated.
Section 15.02.150 Amendment to Section 109.4
Section 109.4 is amended to read as follows:
Section 109.4 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to an
investigation fee in addition to the required permit fees. The investigation fee
shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required in the
City Council fee resolution. The payment of such investigation fee shall not
exempt an applicant from compliance with all other provisions of either this code
or the technical codes nor from the penalty prescribed by law.
SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
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 and 108.1 through
108.1.5
15.03.030 Amendment to Section 101.1
15.03.040 Amendment to Section 101.2
15.03.050 Amendment to Section 102.3
15.03.060 Amendment to Section 303.2
Section 15.03.010 Adoption of the International Property Maintenance Code
7
The City Council adopts and incorporates by reference, as set forth in full in this section,
the 2012 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 2012 International Property Maintenance Code shall be kept on file
in the office of the City Clerk.
Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, and 108.1
through 108.1.5
Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except
Sections 101, 102, 105, and 108.1 through 108.1.5.
Section 15.03.030 Amendment to Section 101.1
Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach
Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 1011
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to all existing
residential structures and all existing premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for administration,
enforcement and penalties.
Section 15.03.050 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the applicable adopted codes. Nothing in this code
shall be construed to cancel, modify or set aside any provisions of the Newport
Beach Zoning Code.
Section 15.03.060 Amendment to Section 303.2
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Section 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas
containing water more than 18 inches (610 mm) in depth shall be completely
surrounded by a fence or barrier at least 60 inches (1524 mm) in height above
the finished ground level measured on the side of the barrier away from the pool.
Gates and doors in such barriers shall be self - closing and self - latching. Where
the self - latching device is less than 54 inches (1372 mm) above the bottom of the
gate, the release mechanism shall be located on the pool side of the gate. Self -
closing and self - latching gates shall be maintained such that the gate will
positively close and latch when released from an open position of 6 inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.04
BUILDING CODE
15.04.010
Adoption of the California Building Code
15.04.020
Deletion of Section 104.10.1
15.04.030
Amendment to Section 105.2
15.04.040
Amendment to Section 403.4.9.1
15.04.050
Amendment to Section 701A.1
15.04.060
Amendment to Section 701A.3
15.04.070
Amendment to Section 701A.3.1
15.04.080
Amendment to Section 702A
15.04.090
Amendment to Section 708A
15.04.100
Amendment to Section 710A
15.04.110
Amendment to Section 903.2
15.04120
Amendment to Section 903.2.8
15.04.130
Amendment to Section 907.5.2.2
15.04.140
Amendment to Section 1505.1
15.04.150
Amendment to Table 15051
15.04.160
Amendment to Section 1505.1.3
15.04.170
Amendment to Section 1704.2.1
15.04.180
Amendment to Section 1905.1.8
15.04.190
Deletion of Sections 2308.9.3 and 2308.9.3.1
15.04200
Deletion of Section 2308.12.4 and 12.14.1
15.04.210
Amendment to Section 3109.4.4.2
15.04.220
Addition of Section 3401.3.1
Section 15.04.010 Adoption of the 2013 California Building Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 Edition of the California Building Code, Volumes 1 and 2, including
Appendix C, 1, and all national codes and standards referenced therein, based on the
2010 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 2013 California Building Code Volumes 1 and 2,
printed in code book form, shall be kept on file in the office of the City Clerk,
Section 15.04.020 Deletion of Section 104.10.1
Section 104.10.1 is deleted in its entirety.
Section 15.04.030 Amendment to Section 105.2
Section 105.2 is amended to read as follows:
Section 105.2 Work exempt from permit.
Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in
height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8
mm) in height above lowest adjacent grade.
Section 15.04.040 Amendment to Section 403.4.9.1
Section 403.4.9.1 is amended to read as follows:
Section 403.4.9.1 Emergency power loads. The following are classified as
emergency power loads:
5. Fire alarm systems;
6. Electrically powered fire pumps; and
7. Ventilation and automatic fire detection equipment for smokeproof
enclosures.
Section 15.04.050 Amendment to Section 701 A.1
Section 701 A.1 is amended to read as follows:
Section 701A.1 SECTION 701A SCOPE, PURPOSE AND
APPLICATION.
Section 701A.1 Scope. This chapter applies to building materials, systems
andlor assemblies used in the exterior design and construction of buildings
including one -and two - family dwellings located within a Fire Hazard Severity
Zone or Wildland -Urban Interface Fire Area as defined in Section 702A.
IN
Section 15.04.060 Amendment to Section 701A.3
Section 701 A.3 is amended to read as follows :
Section 701A.3 Application. New buildings, alterations and additions located in
any Fire Hazard Severity Zone or any ti/dland -Urban Interface Fire Area
designated by the enforcing agency constructed after the application date shall
comply with the provisions of this chapter.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy
and not exceeding 120 square feet in floor area, when located at least 30
feet from an applicable building.
2. Buildings of an accessory character classified as Group U occupancy of
any size located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined in
Section 202 of this code (see also Appendix C — Group U Agricultural
Buildings), when located at least 50 feet from an applicable building.
Section 15.04.070 Amendment to Section 701A.3.1
Section 701A.3.1 is amended by deleting Exception #2 in its entirety:
Section 701A.3.1 Application date and where required.
Section 15.04.080 Amendment to Section 702A
Section 702A is amended with one addition to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a
solid or open roof and no more than one enclosed side.
Section 15.04.090 Amendment to Section 708A
Section 708A is amended to read as follows:
SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS
Section 708A.1 General.
Section 708A.2 Exterior glazing. The following exterior glazing materials andtor
assemblies shall comply with this section:
1. Exterior windows
2. Exterior glazed doors
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3. Glazed openings within exterior doors
4. Glazed openings within exterior garage doors
5. Exterior structural glass veneer
6. Skylights
Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight
assembly requirements. Exterior windows, exterior glazed door assemblies and
skylight assemblies shall comply with one of the following requirements:
Section 15.04.100 Amendment to Section 710A
Section 71 OA is amended to read as follows:
SECTION 710A ACCESSORY STRUCTURES
Section 710A.1 General. Accessory and miscellaneous structures, other than
buildings covered by Section 701A.3 shall be constructed to conform to the
ignition resistance requirements of this section.
Section 710A.2 Applicability. The provisions of this section shall apply to
trellises, arbors, patio covers, carports, gazebos and similar unenclosed covered
structures of an accessory or miscellaneous character.
Exceptions:
1. Decks shall comply with the requirements of Section 709A.
2. Awnings and canopies shall comply with the requirements of Section
3105.
Section 710A.3 Where required. Accessory structures shall comply with
the requirements of this section.
710A.3.1 Attached accessory structures shall comply with the
requirements of this section.
710A.3.2 Detached accessory structures within 50 feet of an applicable
building shall comply with the requirements of this section.
Section 710A.4 Requirements. Accessory structures shall be constructed of
noncombustible, ignition - resistant materials, or heavy timber.
Section 15.04.110 Amendment to Section 903.2
Section 903.2 is amended to read as follows:
Section 903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the following locations:
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"Building Area" as used in this section shall mean gross building area enclosed
within exterior walls.
New buildings: Notwithstanding any applicable provisions of Sections
903.21 through 903.2.12, an automatic fire- extinguishing system shall be
installed in all occupancies when the total building area exceeds 5,000
square feet (465 m2).
Exception: Group R occupancies. Group R occupancies shall comply
with Section 903.2.8.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing
building when the total area of the addition and reconstruction is 50 % or
more of the existing building area and the resulting building area exceeds
5,000 square feet (465 m2).
Exception: Group R occupancies.
with Section 903.2.8.
Group R occupancies shall comply
Section 15.04.120 Amendment to Section 903.2.8
Section 903.2.8 is replaced in its entirety:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance
with Section 903.3 shall be provided throughout all buildings with a Group R fire area
as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout
all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. When the total area of addition and reconstruction exceeds 2,000 sq.ft.
and exceeds 50 %Q of the area of the existing structure.
b. An addition when the existing building is already provided with automatic
fire sprinkler system.
c. As determined for new construction per Section 102.7
The Chief Building Official may approve alternative methods and materials when an
equivalent or greater level of Fire protection is achieved.
Section 15.04.130 Amendment to Section 907.5.2.2
Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows:
Section 907.5.2.2 Emergency voice/alarm communication systems. Emergency
voicelalarm communication systems required by this code shall be designed and
installed in accordance with NFPA 72. The operation of any automatic fire detector,
sprinkler waterflow device or manual fire alarm box shall automatically sound an
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alert tone followed by voice instructions giving approved information and directions
for a general or staged evacuation in accordance with the building's fire safety and
evacuation plans required by Section 404. in high -rise buildings and Group 1 -2
occupancies having occupied floors located more than 75 feet above the lowest
level of fire department vehicle access, the system shall operate on a minimum of
the alarming floor, the floor above and the floor below. Speakers shall be provided
throughout the building by paging zones. At a minimum, paging zones shall be
provided as follows:
1. Elevator groups.
2. Exit stairways.
3. Each floor.
4. Areas of refuge as defined in Section 1002.1
5. Dwelling units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in a
constantly attended area and a general occupant notification shall be broadcast over
the overhead page.
Section 15.04.140 Amendment to Section 1505.1
Section 1505.1 is amended to read as follows:
Section 1505.1 General. Roof assemblies shall be divided into the classes
defined below. Class A, B and C roof assemblies and roof coverings required to
be listed by this section shall be tested in accordance with ASTM E 108 or UL
790. In addition, fire - retardant - treated wood roof coverings shall be tested in
accordance with ASTM D 2898. The minimum roof coverings installed on
buildings shall comply with Table 1505.1 based on the type of construction of the
building.
Exceptions:
1. Skylights and sloped glazing that comply with Chapter 24 or Section
2610.
2. Membrane structures that comply with Chapter 31.
Section 15.04.150 Amendment to Table 1505.1
Table 1505.1 is amended to read as follows:
TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF
CONSTRUCTION
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Section 15.04.160 Amendment to Section 1505.1.3
Section 1505.1.3 is amended to read as follows:
Section 1505.1.3 Roof coverings within all other areas. New construction
shall have Class A roof covering.
Exception: Class B wood roof covering may be used when:
1. It is a part of Class A roof assembly, and
2. Eaves are boxed 1 -Hr assembly, and
3. l=ire sprinkler system is provided throughout including attic space.
The entire roof covering of every existing structure where more than 50 percent
of the total roof area is replaced within any one-year period, and the entire roof
covering of every existing structure when roof covering applied in the addition,
alteration, repair or replacement of the roof exceeds 50 percent of the existing
roof area; shall be a fire - retardant roof covering or assembly that is at least Class
A.
When 50 percent or less of the total roof area is added, altered or replaced within
any one -year period, the roof covering applied in the addition, alteration, repair or
replacement of the roof of every existing structure shall be a fire - retardant roof
covering that is at least Class B.
Section 15.04.170 Amendment to Section 1704.2.1
Section 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. The special inspector shall
be a qualified person approved by the Chief Building Official of the City of
Newport Beach or his /her designated representative. The special inspector shall
furnish continuous inspection on the construction and work requiring his /her
employment as prescribed in the applicable code. The special inspector shall
report to the Chief Building Official in writing, noting all code violations and other
information as required on forms prescribed or approved by the City of Newport
Beach.
Each person applying for listing /registration as a special inspector for the City of
Newport Beach shall possess a valid certification from a certifying agency
approved by the Chief Building Official, as a special inspector for each
classification for which they apply. The Chief Building Official may administer
testing procedures which he /she may find appropriate.
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Each person applying for registration, as a special inspector for the City of
Newport Beach, shall pay a registration fee as set forth in the City Council Fee
Resolution, payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A
renewal fee as set forth in the City Council Fee Resolution for each classification
shall be charged on July 1st of each year thereafter at which time the special
inspector may be subject to re- examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates
of registration should not be revoked. Failure to appear at such hearing by the
special inspector may result in immediate revocation of said certificates. Special
inspector's qualification registrations are to be given only for special inspections
required in Chapter 17 of the California Building Code or for work specifically
authorized by the Chief Building Official.
The registered design professional in responsible charge and engineers of record
involved in the design of the project are permitted to act as the approved agency
and their personnel are permitted to act as the special inspector for the work
designed by them, provided they qualify as special inspectors.
Section 15.04.180 Amendment to Section 1905,1.8
Section 1905.1.8 is amended by deleting Exceptions 1 through 3 in its entirety:
Section1905,1.8 ACI 318, Section 22.19
Section 15.04.190 Deletion of Section 2308.9.3 and 2308.9.3.1 in its entirety
Section 15.04.200 Deletion of Section 2308.12.4 and 2308.12,14.1 in its entirety
Section 15.04.210 Amendment to Section 3109.4.4.2
Section 3109.4.4.2. is amended to read as follows:
Section 3109.4.4.2 Construction permit, safety features required.
Commencing January 1, 2007, except as provided in Section 3109,4.4.5, for the
protection of the public, residents and their guests, whenever a building permit is
issued for construction of a new swimming pool or spa, or any building permit is
issued for remodeling of an existing pool or spa, at a private, single - family home, it
shall be equipped with a barrier complying with Section 3104.4.4.3 and at least one
of the following six drowning prevention safety features:
The pool shall be isolated from the access to a home by an enclosure that
meets the requirements of Section 3109.4.4.3.
IN
2. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM Specifications F 1346.
3. The residence shall be equipped with exit alarms on those doors providing
direct access to the pool.
4. All doors providing direct access from the home to the swimming pool shall be
equipped with a self - closing, self - latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor.
5. Sonar swimming pool alarms that, when placed in pools, will sound upon
detection of accidental or unauthorized entrance into the water. These pool
alarms shall meet and be independently certified to the ASTM Standard F
2208 "Standards Specification for Pool Alarms." For purposes of this article,
"swimming pool alarms" shall not include swimming protection alarm devices
designed for individual use, such as an alarm attached to a child that sounds
when the child exceeds a certain distance or becomes submerged in water.
6. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1 -3, and
have been independently verified by an approved testing laboratory as
meeting standards for those devices established by the ASTM or the
American Society of Testing Mechanical Engineers (ASME), inclusive, as
determined by the Chief Building Official.
Section 15.04.220 Addition of Section 34013.1
Section 3401.3.1. is added to read as follows:
Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and
changes of occupancy to existing structures may be designed to comply with the
2013 California Existing Building Code,
SECTION 4. Chapter 15.05 of the Newport Beach Municipal Code is deleted in
its entirety and amended by adopting the 2010 California Residential Code as follows:
Sections
Chapter 15.05
RESIDENTIAL CODE
15.05.010 Adoption of the California Residential Code
15.05.020 Amendment to Section R101.1
15.05.030
Amendment to Section R101.2
15.05.040
Deletion of Sections R102 through R114
15.05.050
Addition to Sections R115
15.05.060
Deletion of Section R301.1.1.1
15.05.070
Amendment to Section R301.1.3
15.05.080
Amendment to Section R301.1.3.2
15.05.090
Amendment to Table R301.2(1)
15.05.100
Amendment to Table R301,2(1) Footnote g.
17
15.05.110
Deletion of Section R309.3
15.05.120
Deletion of Section R313
15.05.125
Amendment to Section R319.1
15.05.130
Deletion of Section R322
15.05.140
Deletion of Section R327
15.05.150
Addition of Section R329
15.05.160
Addition to Section R330
15.05.170
Amendment to Section R401.1
15.05.180
Amendment to Section R401.4
15.05.190
Amendment to Section R401.4.1
15.05.200
Deletion of Exception to Section R403.1.3
15.05.210
Deletion of Section R404 in its entirety
15.05.220
Amendment to Section R405.1
15.05.230
Deletion of Exception to Section R602.3.2
15.05.240
Deletion of Section R602.10 in its entirety.
15.05.250
Deletion of Section R602.12 in its entirety
15.05.260
Deletion of 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 2013 Edition of the California Residential Code including Appendix H and
all national codes and standards referenced therein, based on the 2012 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 2013 California Residential Code, printed in
code book form, shall be kept on file in the office of the City Clerk.
Section 15.05.020 Amendment to Section R101.1
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as Newport Beach
Residential Code, and shall be cited as such and will be referenced to herein as
"this code."
Section 15.05.030 Amendment to Section R101.2
Sections R101.2 is amended to read as follows:
Section 11101.2 Scope. The provisions of this Code shall apply to the
construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, removal and demolition of detached
one- and two- family dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress and their accessory
structures.
M.
Exceptions:
1. Live /work units complying with the requirements of section 419 of the
California Building Code shall be permitted to be built as one -and two -
family dwellings or townhouses. Fire suppression required by Section
419.5 of the California Building Code when constructed under the
California Residential Code for One- and Two- family Dwellings shall
conform to Section 903.3.1.3 of the California Building Code_
2. Owner - occupied lodging houses with five or fewer guestrooms shall be
permitted to be constructed in accordance with the California Residential
Code for One- and Two - family Dwellings when equipped with a fire
sprinkler system in accordance with Section 903.3.1.3 of the California
Building Code.
15.05.040 Deletion of Sections R102 through R114 from Chapter 1, Division ii
Sections R102 through R114 are deleted in their entirety. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
15,05.050 addition to Sections R115
Section R115 is added to read as follows:
SECTION R115 — Existing Buildings
For existing One- and Two - family dwellings Chapter 34 for Existing Buildings of
the 2013 California Building Code shall be the applicable code.
Section 15.05.060 Deletion of Section R301.1.1.1 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. Engineered design in accordance with
the California Building Code is permitted for all buildings and structures, and
parts thereof, included in the scope of this code.
Section 15.05.080 Amendment to Section R301.1.3.2
Section R301.1.3.2 is amended to read as follows:
Section 8301.1.3.2 Wood frame structures greater than two- stories. The
Chief Building Official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of wood
frame construction more than two stories or basement in height. Notwithstanding
M
other sections of law, the law establishing these provisions is found in Business
and Professions Code Sections 5537 and 6737.1.
15.05.090 Amendment to Table R301.2(1)
Table R301.2(1) is amended by completing the table to read as follows:
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Section 15.05.100 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows:
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision date December 3, 2009; Community
number: 060227; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384,
401, 402, 403, 404, 406 & 408; Suffix "J "; Initial NFIP; map date: March 15, 1974;
and Initial FIRM date: September 1, 1978.
Section 15.05.110 Deletion of Section R309.3 Flood Hazard Areas, With the
Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain
Management
Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management,
Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler
System.
Section 8313 is deleted in its entirety and replaced by California Building Code
Section 903.2.8 as amended in Section 15.04.140,
Section 15.05.125 Amendment to Section R319.1
cl
WIND DESIGN
SEISMIC
SUBJECT TO DAMAGE
FROM
WINTER
ICE
BARRIER
UNDER-
AIR
MEAN
Frost
GROUND
Speed
Topography
DESIGN
line
DESIGN
LAYMENT
FLOOD
FREEZING
ANNUAL
SNOW
d
effects
CATEGORY
Weathering
Depth
Termite
TEMP
REQUIRED
HAZARDS
INDEX
TEMP
LOAD
(mph)
k
f
a
a
a
h
8
s
l
Zero
85
No
Dz or E
Negligible
12" to
Very
43
No
See
4
66
24"
Heavy
footnote g
Section 15.05.100 Amendment to Table R301.2(1) Footnote g.
Table R301.2(1) footnote g is amended to read as follows:
Section Table R301.2(1) Footnote g. Refer to the National Flood Insurance
Program (NFIP) as printed by the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM) revision date December 3, 2009; Community
number: 060227; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384,
401, 402, 403, 404, 406 & 408; Suffix "J "; Initial NFIP; map date: March 15, 1974;
and Initial FIRM date: September 1, 1978.
Section 15.05.110 Deletion of Section R309.3 Flood Hazard Areas, With the
Replacement of the City of Newport Beach Code Chapter 15.50. Floodplain
Management
Section R309.3 is deleted in its entirety, and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management,
Section 15.05.120 Deletion of Section R313 Automatic Fire Sprinkler
System.
Section 8313 is deleted in its entirety and replaced by California Building Code
Section 903.2.8 as amended in Section 15.04.140,
Section 15.05.125 Amendment to Section R319.1
cl
Section R319.1 is amended as follows:
Section R319.1 Address numbers. Buildings shall have approved address
numbers, building number or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property and
alley if adjacent to the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall be minimum 4 inches (102 mm) high with a minimum stroke width
of % inch (12.7 mm). Where access is by means of a private road and the
building address cannot be viewed from a public way, a monument, pole or other
sign or means shall be used to identify the structure.
Section 15.05.130 Deletion of Section R322 with the Replacement of the City of
Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is deleted in its entirety and replaced with the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Management
Section 15.05.140 Deletion of Section R327 Materials and Construction Method of
Exterior Wildfire Exposure.
Section R327 is deleted in its entirety and replaced by California Building Code Chapter
7A as amended in Sections 15.04.070 through 15.04.120.
Section 15.05.150 Addition of Section R329
Section R329 is added to read as follows:
SECTION R329 - SOUND TRANSMISSION
R329.1 General. Wall and floor- ceiling assemblies separating dwelling units
including those separating adjacent townhouse units shall provide air -borne
sound insulation for walls and both air -borne and impact sound insulation for
floor - ceiling assemblies per section 1207 of the 2013 Edition, California Building
Code, Title 24, Part 2.
Section 15.05.160 Addition to Section R332
Section R332 is added to read as follows:
SECTION R332 — SWIMMING POOLS, SPAS, AND NOT TUBS
R332.1 General. Private swimming pools, hot tubs and spas, containing water
more than 18 inches in depth shall be constructed in accordance with the
provisions contained in the City of Newport Beach Municipal Code, Chapter
15.09, Swimming Pool Code, and Section 3109.4.4 of the California Building
Code.
21
Section 15.05.170 Amendment to Section R401.1
Section R401.1 is amended to read as follows:
Section R401.1 Application. The provisions of this chapter shall control the
design and construction of the foundation and foundation spaces for all buildings.
In addition to the provisions of this chapter, the design and construction of
foundations in areas prone to flooding as established by Table R301.2(1) shall
meet the provisions of NBMC Chapter 15,50. Wood foundation shall be
designed and installed in accordance with AF &PA PWF.
Exception: The provisions of this chapter shall be permitted to be used for
wood foundations in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at
intervals not exceeding 50 feet (15,240 mm).
Wood foundations in Seismic Design Category D2 or E shall not be permitted.
15.05.180 Amendment to Section R401.4 with the replacement of the City of
Newport Beach Municipal Code, Chapter 15.10 EXCAVATION AND GRADING
CODE.
Section R401.4 is amended to read as follows:
R401.4 Soils Test. The Chief Building Official shall determine whether to require
a soil test to determine the soil's characteristics at a particular location. This test
shall comply with the City of Newport Beach Municipal Code, Chapter 15.10
EXCAVATION AND GRADING CODE.
Section 15.05.190 Amendment to Section R401.4.1
Section R401 A.1 is amended to read as follows:
R401.4.1 Geotechnical evaluation. When a complete geotechnical evaluation
is not required, as determined by the Chief Building Official, the load- bearing
values in Table R401.4.1 shall be assumed.
Section 15.05.200 Deletion of Exceptions to Section R403.1.3.
Section R403.1.3 Exception is deleted in its entirety.
Section 15.05.210 Deletion of Section R404 in its entirety.
Section 15.05.220 Amendment to Section R405.1
22
Section R405.1 is amended by adding exception #2 to read as follows:
Exception:
1. A drainage system is not required when the foundation is installed on
well - drained ground or sand - gravel mixture soils according to the Unified
Soil Classification System, Group 1 Soils, as detailed in Table R405.1.
2. A foundation drainage system is not permitted for basement walls
extending below high tide bay water elevation.
Section 15.05.230 Deletion of Exception to Section R602.3.2
Section R602.3.2 Exception is deleted in its entirety:
Section 15.05.240 Deletion of Section R602.10 in its entirety.
Section 15.05.250 Deletion of Section R602.12 in its entirety.
Section 15.05.260 Deletion of Section R902 Roof classification.
Section R902 is deleted in its entirety and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal Code Sections 15.04.140 through
15.04.160.
SECTION 5: Chapter 15.06 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electric Code.
15.06.020 Amendment to Article 342.10
15.06.030 Amendment to Article 344.10
15.06.040 Amendment to Article 358.10
Section 15.06.010 Adoption of the California Electric Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 Edition of the California Electrical Code based on the 2011 National
Electrical Code, as published by the National Fire Protection Association.
23
The various parts of this code shall constitute and be known as the Newport Beach
Electrical Code. A copy of the 2013 California Electrical Code, printed in code book
form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Amendment to Article 342.10
Article 342.10 is amended to read as follows:
342.10 Uses Permitted.
(A) All Atmospheric Conditions and Occupancies. Use of IMC shall be
permitted under all atmospheric conditions and occupancies. Except in direct
contact with earth.
Section 15.06.030 Amendment to Article 344.10
Article 344.10 is amended to read as follows:
344.10Uses Permitted.
(A) Atmospheric Conditions and Occupancies.
(1) Galvanized Steel and Stainless RMC. Galvanized steel and stainless steel
RMC shall be permitted under all atmospheric conditions and occupancies. Except
in direct contact with earth.
(2) Red Brass RMC. Red brass RMC shall be permitted to be installed for
swimming pool applications.
(3) Aluminum RMC. Aluminum RMC shall be permitted to be installed where
judged suitable for the environment. Rigid aluminum conduit encased in concrete
shall be provided with approved supplementary corrosion protection.
(B) Corrosive Environments.
(1) Galvanized Steel, Stainless Steel, and Red Brass RMC, Elbows, Couplings,
and Fittings. Galvanized steel, stainless steel, and red brass RMC elbows,
couplings, and fittings shall be permitted to be installed in concrete, or in areas
subject to severe corrosive influences where protected by corrosion protection and
judged suitable for the condition.
(2) Supplementary Protection of Aluminum RMC. Aluminum RMC shall be
provided with approved supplementary corrosion protection where encased in
concrete,
Section 15.06.040 Amendment to Article 358.10
Article 358.10 is amended to read as follows:
358.10 Uses Permitted.
I
(A) Exposed and Concealed. The use of EMT shall be permitted for concealed
work.
(B)Corrosion Protection. Ferrous or nonferrous EMT, elbows, couplings, and
fittings shall be permitted to be installed in concrete, where protected by
corrosion protection and approved as suitable for the condition.
SECTION 6: Chapter 15.07 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.07
MECHANICAL CODE
Section 15.07.010 Adoption of California Mechanical Code
Section 15.07.020 Addition of Section 103.2
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 2013 Edition of the California Mechanical Code, based on the 2012 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 2013 California Mechanical Code printed in code book
form shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.2
Section 103.2 is added to read as follows
Section 103.2 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have
the authority to grant modifications for individual cases, upon application of the
owner or owner's representative, provided the Chief Building Official shall first
find that special individual reason makes the strict letter of this code impractical
and the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, accessibility, life and fire safety, or
25
structural requirements. The details of action granting modifications shall be
recorded and entered in the files of the Building Division.
SECTION 7. Chapter 15.08 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 102.6
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 2013 Edition of the California Plumbing Code, including Appendix Chapters
A and C, based on the 2012 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 2013 California Plumbing Code, printed in code book
form, shall be kept on file in the office of the City Clerk. All administrative provisions
including enforcement, permit process, fees, and inspections for these chapters are
contained in the Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 102.6
Section 102.6 is added to read as follows
Section 102.6 Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Chief Building Official shall have
the authority to grant modifications for individual cases, upon application of the
owner or owner's representative, provided the Chief Building Official shall first
find that special individual reason makes the strict letter of this code impractical
and the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, accessibility, life and fire safety, or
structural requirements. The details of action granting modifications shall be
recorded and entered in the files of the Building Division.
SECTION 8. Chapter 15.09 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
RE
Sections:
Chapter 15.09
SWIMMING POOL CODE
15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub
Code
15.09.020 Amendment to Section 102.3
15.09.030 Deletion of Section 102.7
15.09.040 Deletion of Sections 104.4 through 107.2
15.09.050 Addition of Section 301.3
15.09.060 Deletion of Sections 310.1 through 310.4
15.09.070 Amendment to Section 509.3
Section 15.09.010 Adoption of the Uniform Swimming Pool, Spa and Hot Tub
Code
The City Council adopts and incorporates by reference, as though set forth in full in this
chapter, the 2012 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code and all
national codes and standards referenced therein, as published by the International
Association of Plumbing and Mechanical Officials.
The various parts of this code, along with the additions, amendments, and deletions
adopted in this chapter, shall constitute and be known as the Newport Beach Swimming
Pool Code. A copy of the 2012 Uniform Swimming Pool, Spa and Hot Tub Code, printed
in code book form, shall be kept on file in the office of the City Clerk.
Section 15.09.020 Amendment to Section 102.3
Section 102.3 is amended by the addition of a second paragraph to read as follows:
Section 102.3 Maintenance. All swimming pool and spa water shall be
maintained in a clear condition, which is free of algae, insects, debris, and in a
sanitary condition. The floor of the pools shall be clearly visible.
Section 15.09.030 Deletion of Section 102.7
Section 102.7 is deleted in its entirety.
Section 15.09.040 Deletion of Sections 104.4 through 107.2 with the Replacement
of the City of Newport Beach Municipal Code, Chapter 15.02, Administrative
Code.
Sections 104.4 through 107.2 are deleted in their entirety and replaced to read as
follows:
M
Section 104.4 Administration. The administration. of this code shall be in
accordance with the provisions contained in the City of Newport Beach Municipal
Code, Chapter 15.02.
Section 15.09.050 Addition of Section 301.3
Section 301.5 is added to read as follows:
Section 301.3 Enclosures. Enclosures shall be in accordance with the
provisions contained in the California Building Code, Section 3109 Swimming
Pool Enclosures and Safety Devices as adopted in the Newport Beach Municipal
Code and amended by Chapter 15.04, Building Code. Enclosures shall not be
enforced on a retroactive basis. Existing, permitted barriers required at the time
of pool construction shall be maintained; unless the existing enclosure is
proposed to be altered, replaced or new with new or reconstructed materials.
Existing one- and two- family dwellings or townhouses with additions or
alterations to exterior walls used as part of a pool enclosure shall be required to
comply with Section 3109.
Section 15.09.060 Deletion of Sections 310.1 through 310.4 with the Replacement
of the City of Newport Beach Municipal Code, Chapter 15.10, Excavation and
Grading Code.
Section 15.09.070 Amendment to Section 509.3
Section 509.3 is amended by the addition of a third paragraph to read as follows:
Section 509.3
Waste water from any filter, scum filter, scum gutter, overflow, pool emptying line,
or similar apparatus shall discharge into an approved type receptor and
subsequently into a public sewer. The flood level rim of such receptor shall be at
least 6 inches above the Base Flood Elevation (BFE) indicated in the Flood
Insurance Rate Map as printed by the Federal Emergency Management
Agency's Flood Insurance Rate Map (FIRM) revision date December 3, 2009.
SECTION 9. Chapter 15.10 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.10
EXCAVATION AND GRADING CODE
Section 15.10.030 Amendment to Section 15.10.030 Exempt Work
Section 15.10.040 Amendment to Section 15.10.040 Hazard
Abatement
go
Section 15.10.050 Amendment to Section 15.10.050 Definitions
Section 15.10.125 Amendment to Section 15.10.125 Protection of
Adjoining Property
15.10.020 Administration
This chapter sets forth rules and regulations to control excavation, grading, drainage
conditions, erosion control, earthwork construction including fills and embankments, and
the use of earth materials as a structural component; and provides for the approval of
plans and inspection of grading construction and drainage control. The provisions of this
chapter are intended to permit work that complies with the Municipal Separate Storm
Sewer System Permit "MS4 Permit' issued by the California Regional Water Quality
Control Board, Santa Ana Region, on January 18, 2002 under the National Pollutant
Discharge Elimination System (NPDES). The provisions of this chapter and the permit
are intended to prevent pollutants, including toxic materials, debris, silt, and other
contaminants from entering Newport Bay and the Pacific Ocean.
Section 15.10.030 Amendment to Section 15.10.030
Section 15.10.030 is amended to read as follows:
Section 15.10.030 Exempt Work
A. No person shall do any grading without first having obtained a grading
permit from the Chief Building Official except for the following:
1. An excavation below finish grade for footings of a building, retaining
wall or other structure authorized by a valid building permit. This
shall not exempt any fill made with the material from such
excavation, nor exempt any excavation which is unsupported or
unstable after the completion of such structure, nor shall it exempt
any condition resulting from the construction of such structure
which requires grading or construction of drainage improvements to
provide a safe and stable structure which does not create adverse
conditions on other properties, either public or private;
2. Cemetery graves;
3. Refuse disposal sites covered by other regulations;
4. Excavations for wells or tunnels or utilities under the jurisdiction of
other agencies. This shall not exempt any fill made from such
excavations on private property unless preemptive regulations have
been established by law;
5. Mining and quarrying together with necessary stockpiling,
processing and other activities where established and provided
such operations do not significantly affect the lateral or vertical
29
support, or significantly increase the stresses in or pressure upon
any adjacent or continuous property;
6. Exploratory excavations under the direction of soils engineers or
engineering geologists provided all excavations are properly
backfilled.
7. An excavation which (a) is less than two feet in depth; or (b) does
not create a cut slope greater than four feet in height and steeper
than two horizontal to one vertical; and (c) is less than fifty (50)
cubic yards on one site and does not create an adverse erosion,
drainage, groundwater, or slope condition requiring remedial work
covered by these regulations;
8. Unless preempted by other regulations, fill which does not exceed
fifty (50) cubic yards on any one site which is not part of a regular
maintenance procedure and which:
a. Is placed on natural undisturbed terrain with a slope flatter than five
horizontal to one vertical, or
b. Less than three feet in depth not intended to support structures
provided that such fill will not create an adverse slope, erosion,
drainage, groundwater or structural condition,
B. Exceptions listed above shall not be interpreted as exempting future
construction on a site from code compliance due to an exempted
nonconforming condition nor shall any exception be construed as
exempting an adverse condition from being corrected in accordance with
the procedures, nor shall it be construed as exempting any requirement
for grading as a flood plain management requirement.
C. No person shall construct, reconstruct, alter, repair or install any structure
in any natural drainage channel water course without a grading permit.
Road or parking lot paving work shall be performed under permit, unless
waived by the Chief Building Official, or when performed as part of
maintenance work.
D. Whenever the Chief Building Official determines that (a) construction of
any device or structure has resulted or may result in adverse drainage,
groundwater, or slope conditions; or (b) existing drainage conditions have
resulted or may result in adverse erosion conditions, he /she may require a
drainage permit to be obtained and corrective work accomplished
Section 15.10.040 Amendment to Section 15.10.040
Section 15.10.040 is amended to read as follows:
15.10.040 Hazard Abatement
30
A. Whenever the Chief Building Official determines by inspection, from
information made available to him /her, that any existing drainage
condition, excavation, fill, natural slope or subsurface condition has
become a hazard to life and limb, or endangers property or adversely
affects the safety, use or stability of a public way or any drainage channel,
he /she shall make a determination of the level of hazard and the owner of
the property upon which the drainage conditions, excavation, fill, natural
slope or subsurface condition is located, or other person or agent in
control of said property, upon receipt of notice in writing from the Chief
Building Official shall, within the period specified, correct such conditions
in accordance with the requirements and conditions set forth in such
notice so as to eliminate the hazard and be in conformance of the hazards
abatement section of the International Property Maintenance Code, as
adopted by the City of Newport Beach.
B. The Chief Building Official shall require the permittee or contractor, before
excavating any trench five (5) feet or more in depth; to submit a detailed
plan to the Chief Building Official showing the design of shoring, bracing,
sloping or other provisions, (i.e. security fencing, etc.) to be made for
worker's protection and public safety from the hazard of caving ground.
Section 15.10.050 Amendment to Section 15.10.050
Section 15.10.050 is amended to read as follows:
Section 15.10.050 Definitions
For the purposes of this chapter, the definitions listed hereunder shall be
construed as specified in this section.
"Approval" means a written, civil engineering or geological opinion concerning the
satisfactory progress and completion of the work.
"As- graded" means the topographic surface at completion of grading.
"Bedrock" is in place of solid rock.
"Bench" means a relatively level step excavated into earth material on which fill is
to be placed.
"Borrow" means earth material acquired from off -site location for use in grading
on a site.
"Chief Building Official" is the officer or other designated authority charged with
the enforcement of the Building Codes.
31
"Civil engineer" means a professional engineer in the branch of civil engineering
holding a valid certification of registration, issued by the State of California.
"Civil engineering" means the application of the knowledge of the forces of
nature, principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works or the beneficial uses of mankind.
"Clearing, brushing and grubbing" means the removal of vegetation (grass,
brush, trees and similar plant types or root systems) by mechanical means.
"Compaction" means the densification of a fill by mechanical means.
"Drainage Plan" is a plan appended to a proposed building plan, depicting site
drainage patterns prior and post development. Contours and/or spot elevations,
flow lines, outlet structures, subdrains, etc. must clearly be shown, when a
separate grading permit is not required by the Chief Building Official.
"Earth Material" is any rock, natural soil, fill, or any substance that makes up or
originates from the Earth and/or any combination thereof.
"Engineering geologist" means a professional geologist registered in the State of
California as a geologist and certified by the State of California as a geologist
and certified by the State of California to practice engineering geology in the field
of civil works.
"Erosion" is the process by which rock and soil are removed from the Earth's
surface by natural processes such as wind or water flow, and then transported
and deposited in other locations,
"Erosion Control Devices" (Permanent) are devices Best Management Practices
(BMPs) to be constructed in residential, industrial, commercial sites and
agricultural lands to reduce the discharge of pollutants in runoff. BMPs are often
implemented to comply with NPDES permit requirements, as a part of storm
water runoff management programs required by the State of California and the
County of Orange in conjunction with the Water Quality Management Plan
(WQMP) following the Orange County Technical Guidance Document (TGD).
"Erosion Control Devices" (Temporary) devices which are designated to minimize
erosion and sediment from storm water and non -storm water runoff from
construction sites, natural areas, agricultural lands or urban environment. They
are often implemented in conjunction with an Erosion and Sediment Control Plan
(ESCP) .
"Excavation" means the mechanical or physical removal of earth material
"Fill" means a deposit of earth material placed by artificial means.
32
"Finish grade" means the final grade of the site which conforms to the approved
plan.
"Grade" means the vertical location of the ground surface.
"Grading" means to bring an existing surface to a designed form by cutting, filling
and /or smoothing operations.
"Grading contractor" means a contractor licensed and regulated by the State of
California who specializes in grading work or is otherwise licensed to do grading
work.
"Key" means designed and compacted fill placed in a trench excavated in earth
material beneath the toe of a proposed fill slope.
"Landslide" means the downward and outward movement of soil, rock or fill or a
combination thereof, or the resultant materials from such movement.
"Massive landslide" means a landslide too large to be stabilized by retaining
methods or normal control methods.
"Permit" means any permit issued pursuant to this Code, together with the
application for the same, the conditions upon which it was issued, together with
any plans, specifications, reports and approved modifications pertaining thereto.
"Pennittee" means the owner or his authorized agent to whom a grading permit is
issued.
"Rough grade" means the stage at which the grade approximately conforms to
the approved plan.
"Sediment" means the material derived by erosion carried by an agent of erosion.
"Site" means any lot or parcel of land or contiguous combination thereof, under
the same ownership, where grading is performed or permitted.
"Slope" means an inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
"Soil" means naturally occurring surficial deposits overlying bedrock.
"Soil engineer( Geotechnical engineer" means a civil engineer with training and
experience in soil mechanics who specializes in the practice of soils and
foundation engineering. A Soil Engineer may use the title Geotechnical Engineer
33
(GE) if he /she has passed the GE examination. For the purposes of this Code
the terms Soil Engineer and Geotechnical Engineer are interchangeable.
"Soil engineering" means the application of the principles of soil mechanics in the
investigation, testing; evaluation and design of civil works involving the use of
earth materials and the evaluation, inspection and testing of the construction
thereof.
"Terrace" means a relatively level step constructed in the face of a grade slope
surface for drainage and maintenance purposes.
"Tract" means a subdivision of land containing five or more lots
Section 15.10.125 Adds to Section 15.10.125
Section 15.10.125 is added to read as follows:
15.10.125 Protection of Adjoining Property
Each adjacent owner is entitled to the lateral and subjacent support which his
land receives from the adjoining land, subject to the right of the owner of the
adjoining land to make proper and usual excavations on the same for purposes
of construction or improvement as provided by law. Section 832 of the California
Civil.
California Civil Code Section 832
Lateral and subjacent support: excavations; degree of care; damages; protection
of structures.
Each coterminous owner is entitled to the lateral and subjacent support which his
land receives from the adjoining land, subject to the right of the owner of the
adjoining land to make proper and usual excavations on the same for purposes
of construction or improvement, under the following conditions:
Any owner of land or his lessee intending to make or to permit
an excavation shall give reasonable notice to the owner or
owners of adjoining lands and of buildings or other structures,
stating the depth to which such excavation is intended to be
made, and when the excavating will begin.
2. In making any excavation, ordinary care and skill shall be used,
and reasonable precautions taken to sustain the adjoining land
as such, without regard to any building or other structure which
may be thereon, and there shall be no liability for damage done
to any such building or other structure by reason of the
excavation, except as otherwise provided or allowed by law.
M
3. If at any time it appears that the excavation is to be of a greater
depth than are the walls or foundations of any adjoining building
or other structure, and is to be so close as to endanger the
building or other structure in any way, then the owner of the
building or other structure must be allowed at least 30 days if he
so desires, in which to take measures to protect the same from
any damage, or in which to extend the foundations thereof, and
he must be given for the same purposes reasonable license to
enter on the land on which the excavation is to be or is being
made.
4. If the excavation is intended to be or is deeper than the
standard depth of foundations, which depth is defined to be a
depth of nine feet below the adjacent curb level, at the point
where the joint property line intersects the curb and if on the
land of the coterminous owner there is any building or other
structure the wall or foundation of which goes to standard depth
or deeper than the owner of the land on which the excavation is
being made shall, if given the necessary license to enter on the
adjoining land, protect the said adjoining land and any such
building or other structure thereon without cost to the owner of
such property for any such damage, excepting only for minor
settlement cracks in buildings or other structures.
SECTION 10. Chapter 15.11 of the Newport Beach Municipal Code is deleted in
its entirety and amended to read as follows:
Sections:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
1511.010 Adoption of Voluntary Measures
15.11.020 Amendment to Section 301.1.1
1511 .030 Amendment to Section A4.506.1
Section 15.11.010 Adoption of Voluntary Measures, The City Council adopts and
incorporates the following sections from Appendix A4 and A5 as mandatory
requirements: A4.203.1.1; A4.204.1.1; A4.303.1; A4.303.3; A4.506.1; A5.106.2;
A5.106.2.1; A5.106.2.2; A5.203.1.1; A5212.1; A5.303.3(1) and (2 ).
Section 15.11.020 Amendments to Section 301.1.1
Section 301. 1.1 is amended to read as follows
35
Section 301.1.1 Additions and alterations. The mandatory provisions of
Chapter 4 shall be applied to additions or alterations of existing residential
buildings where the addition or alteration increases the building's conditioned
area, volume, or size. The requirements shall apply only to and /or within the
specific area of the addition or alteration.
Note: On and after January 1, 2014, residential buildings undergoing permitted
alterations, additions or improvements shall replace noncompliant plumbing
fixtures with water- conserving plumbing fixtures meeting the requirements of
4.303. Plumbing fixture replacement is required prior to issuance of a certificate
of occupancy or final inspection by the Chief Building Official or designee.
Section 15.11.030 Amendments to Section A4.506.1
Section A4,506.1 is amended to read as follows
Section A4.506.1 Filters. Filters with a higher value than MERV 6 7 are installed
on central air or ventilation systems. Pressure drop across the filter shall not
exceed 0.1 inch water column.
SECTION 11. Chapter 15.13 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
Sections:
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 Edition of the California Historical Building Code and all national
codes and standards referenced therein to the prescribed extent of each such
reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Historical Building Code, A copy of the 2013 California Historical
Building Code, printed in code book form, shall be kept on file in the office of the City
Clerk.
SECTION 12. Chapter 15.14 of the Newport Beach Municipal Code is deleted in
its entirety amended and renamed as follows:
36
Section:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of the 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 2013 Edition of the California Existing Building Code and all national codes
and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Existing Building Code. A copy of the 2013 California Existing Building
Code, printed in code book form, shall be kept on file in the office of the City Clerk.
SECTION 13. Chapter 15.17 is added to the Newport Beach Municipal Code to
read as follows:
Section:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code
Section 15.17.010 Adoption of the California Energy Code
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2013 Edition of the California Energy Code and all national codes and
standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the
Newport Beach Energy Code. A copy of the 2013 California Energy Code, printed in
code book form, shall be kept on file in the office of the City Clerk.
SECTION 14. Chapter 15.50 of the Newport Beach Municipal Code is deleted in
its entirety, amended and renamed as follows:
Chapter 15.50
F OODPLAIN MANAGEMENT
37
Sections:
15.50.180 Amendment to 15.50.180
Section 15.50.180 Amendments to Section 15.50.180
Section 15.50. 180 is amended to read as follows
Section 15.50.180 Appeals and Variance Procedure
A. The Building and Fire Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator or his designated representative, in the
enforcement or administration of this chapter.
B. The Building and Fire Board of Appeals shall review and decide requests for
variances. In ruling on such applications, the Building and Fire Board of
Appeals 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 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.
0
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 subsection (B) of this
section 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 of subsection (B) of this section 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 Building and Fire Board of Appeals,
may appeal such decision to the City Council as provided in Title 20 of the
Newport Beach Municipal Code.
F. The Floodplain Administrator shall maintain the records of all appeal
actions and report any variances to the Federal Insurance and Mitigation
Administration in the biennial report. (Ord. 2002 -20 § 8 (part), 2002: Ord.
93 -5 § 1 (part), 1993)
SECTION 15. 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 16. The recitals provided in this ordinance are true and correct and
are incorporated into the substantive portion of this ordinance.
SECTION 17. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 18. The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(C)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
39
SECTION 19. The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the Citx
of Newport Beach held on the 12th day of November, 2013, and was adopted on the 26t
day of November, 2013, by the following vote to wit:
AYES, COUNCIL MEMBERS Petros, Hill, Selich
Henn, Mayor Curry, Gardner
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS Daigle
'1�4j
Keith D. Curry, Mayor
ATTEST:
A� r�
Leilani 1. Brown, City Clerk n
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
151;17
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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.
2013 -24 was duly and regularly introduced on the 12th day of November, 2013, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of
November, 2013, and that the same was so passed and adopted by the following vote, to wit:
AYES: Gardner, Petros, Hill, Selich, Henn, Mayor Curry
NAYS: None
ABSENT: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of November, 2013.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
L9 F45'0�•
0 ,, AT
f�//�/ v - hm�
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013 -24 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 daily newspaper of general
circulation on the following dates:
Introduced Ordinance: November 16, 2013
Adopted Ordinance: November 30, 2013 ,,��jj�� ����,�, �p�p�,,��py
In witness whereof, I have hereunto subscribed my name this /A day of CU�I�►ICN� i 2013.
46VV-"j , P,
City Clerk
City of Newport Beach, California