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CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Adoption of the 2002 Newport Beach Building Codes
September 10, 2002
11
Jay Elbettar
(949) 644 -3282
SUGGESTED ACTION
Introduce the ordinance for local amendments, conduct a public hearing and pass to second reading on
September 24, 2002; and adopt the resolution of findings on September 24, 2002.
• EXECUTIVE SUMMARY
In accordance with State law, model codes, as published by the Building Standards Commission in
Title 24, are mandated to be enforced on November 1, 2002. The attached ordinance proposal,
along with the resolution of required findings for local amendments, will bring Newport Beach into
compliance with that requirement.
BACKGROUND
Based on a March 20, 2002 ruling by the California Building Standards Commission, the 2001
California Building Codes will go into effect November 1, 2002. Section 17922 of the Health and
Safety Code provides a detailed explanation of the process.
Section 17958 deals with adoption of ordinances by cities. It states that cities may make changes or
modifications in the State provisions adopted pursuant to Section 17922 upon express findings by
the City Council that these changes are reasonable and necessary because of local climatic,
geological, or topographical conditions. These local amendments, additions and deletions to the
2001 State Building Standards Code need to be in effect on November 1, 2002. Failure to do so
will impose State requirements without local amendments.
Each city or county adopts these codes with amendments, additions or deletions necessary because
of local climate, geological, or topographical conditions pursuant to Sections 17958.7 and
18941.5(b) of the Health and Safety Code. Findings must be made by the jurisdiction to any
changes that are more restrictive than the standards. The adoption process takes place every three
• years when the model codes are published. The current adoption will be for the following codes
1. 2001 Editions of the California Building Code, based on the 1997 Uniform Code. •
2. 2001 Edition of the California Mechanical and Plumbing Codes based on the 2000 Uniform
Codes.
3. 2001 California Electrical Code based on the 1999 National Electrical Code.
In an effort to provide consistency in code application and reduce regulations while maintaining
high safety standards in Orange County, the Orange Empire Chapter of ICBO formed a uniformity
committee, chaired by myself. This committee studied the local amendments of each participating
city and through a consensus process reached an agreement to adopt a uniform set of amendments
covering the technical provisions. The following list represents all participating cities: Aliso Viejo,
Anaheim, Brea, Costa Mesa, Dana Point, Fountain Valley, Garden Grove, Irvine, Laguna Hills,
Laguna Niguel, Laguna Woods, Mission Viejo, Placentia, Rancho Santa Margarita, Seal Beach,
Tustin and Westminster. Newport Beach is a member of the group and the attached proposed
amendments are consistent with that effort. The Administrative, Housing, Fire and Grading Codes
were not addressed since each jurisdiction's application of these codes depends on their organization
structure.
The Building Board of Appeals heard the proposed amendments at its August 29, 2002, meeting.
The board voted unanimously to recommend that the City Council adopt the proposed amendments,
with the recommendation that staff evaluate the definition of floor area that triggers the installation •
of a fire sprinkler system. The board meeting was attended by several members of the development
community as a result of approximately 220 invitations from our user group mailing list. In addition,
the Building Department met with representatives of the Orange County Chapter of the Building
Industry Association who concurred with the proposed amendments. Building Department and Fire
Department staff conferred and introduced an exception to define the floor area consistent with the
board recommendations. The board meeting minutes will follow under a separate cover.
OVERVIEW OF THE PROPOSED AMENDMENTS
The proposed amendments to the model code are substantially the same as the last code adoption with
the exception of a few editorial and format changes.
One significant change from the last code adoption is the introduction of five amendments to the
seismic design provisions of the Building Code. These amendments were necessary since the State of
California through the Building Standards Commission elected to re -adopt the 1997 Edition of the
Uniform Building Code. This code was developed before the Northridge earthquake and its
provisions did not address the lessons learned from that event. The State Amendments to State -owned
buildings, public schools and hospitals included these new provisions. The amendments relate to the
construction of mid to high -rise steel structures in accordance with the latest AISC (American Institute
for Steel Construction) Supplement No. 2, dated November 10, 2000.
Other proposed amendments to Chapter 15 of the Municipal Code were intended to clarify and •
streamline our processes, such as:
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1. Amendments to Chapter 15.10, "Excavation and Grading Code"
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) that the
City of Newport Beach is a party to, requires that drainage water be handled differently
than in the past. These amendments are an attempt to bring City policy on drainage in
line with NPDES. The changes to the Excavation and Grading Code are to remove
sections in direct conflict with the intent of NPDES and provide performance -based
guidelines for drainage system compliance with NPDES requirements that allow the
designer some flexibility. A new section is added to provide the ability to collect a
runoff impact mitigation fee in cases where strict compliance is not possible and waiver
is granted. This fee would address the adverse impacts from runoff elsewhere in the
City.
2. Amendments to Chapter 15.15, "Report of Residential Building Record"
This chapter is revised with language changes to clarify our policy on declined
inspections, inspection procedure, responsibility for delivery of the report, and
cancellation/refund policy. A new section was added to establish an expiration date for
reports that have not received a final inspection. These amendments were heard and
endorsed by the Board of Appeals previously in its August 21, 2001 meeting.
• 3. Amendments to Chapter 15.50, "Flood Damage Prevention"
Chapter 15.50 clarifies the difference between the development permit processing
requirements and the standards of construction for a new structure, addition, and
remodel of an existing structure. The flood damage prevention requirements were
further clarified by introducing new definitions and restructuring the contents of Chapter
15.50.
4. Amendments to Chapter 15.60, "Construction Site Clean -up"
NBMC Section 15.60.010 requires that a clean -up deposit is collected at the time of
issuing a building permit. The purpose of the deposit is to ensure the removal of
construction and demolition debris from construction sites and public property adjoining
construction sites. It also ensures the installation of erosion control measures and desilting
basins, and ensures that required inspections are requested. Collection, maintenance and
refund of the site clean -up deposit are cumbersome to the Building Department and
Administrative Services Department staff. It also adds to the up -front cost of a building
permit and causes the owner to entrust his contractor with a refundable deposit. Moreover,
holding a cash deposit without paying interest on the amount held is questionable.
Deleting the requirement to collect and refund the clean -up deposit helps simplify and
streamline the permitting process. The proposed amendments delete the requirement of a
• clean -up deposit and authorize enforcement of site cleanup under Section 202.4 of the
Uniform Administrative Code. This section authorizes the building official to stop work
on a project whenever work is in violation of any provisions of the codes. The proposed
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amendment also authorizes the Building Official to issue Administrative Citations to •
provide compliance pursuant to Chapter 1.05 of the Newport Beach Municipal Code.
A summary of the proposed amendments and justifications is presented on Pages 5 - 7 of this report.
Respectfully submitted by:
JAY ELBETTAR
Building Director
Attachments: Summary of proposed amendments
Proposed Ordinance and Resolution of Findings
staf rept adopt2002codes 9/10/02
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• SUMMARY OF PROPOSED AMENDMENTS
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5
NBMC
Title
Action
Comments
Section
California Building
15.04.030
Special Provisions for
No change
Adjusts the high -rise building definition
Code (CB C
all occupancies
from 75 ft. to 55 ft.
15.04.040
Fire sprinkler system
Amended
Definition of "floor area" clarified to be
required
the same as defined in the Uniform
Building Code and clarified its
application to residential occupancies.
15.04.050
Fire sprinkler system
Amended
Editorial change to existing amendment.
required
15.04.060
Pressurized enclosures
New
Adjust the high -rise building definition to
55 ft. consistent with Section 15.04.030.
15.04.070
Minimum roof
No change
Editorial, also require class A or B roof
Classification
system in high fire hazard zone.
15.04.080
Structural design
New
Amend applicable sections of Chapter
15.04.090
seismic provisions
16 and 22 to incorporate current seismic
15.04.100
provisions for structural steel buildings
15.04.130
consistent with the requirements for
State buildings.
15.04.140
15.04.110
Minimum
No change
Require a vapor barrier below slab on
slab thickness
grade for protection from moisture or
as permeation into inhabited space.
15.04.120
Structural plain
No change
To require minimum reinforcing in slab
concrete
on grade. Editorial change.
California
15.05
No revisions
Mechanical Code
CMC
California Electrical
15.06.020
Conductors
No change
Section 110 -5 aluminum wiring to
Code (CEC)
(previously
require continuous special inspection
approved by the Building Official for
15.06.040
proper torquing of connections.
California Plumbing
15.08.025
Materials
No change
Section 604.1 amended to prohibit
Code (CPC)
galvanized steel, iron, and copper water
piping underground for service
distributions stems outside a building.
15.08.030
Materials for gas piping
No change
Section 1210.1 to prohibit metallic gas
i in under round.
Swimming
15.09.030
General
Amended
Replaced pool fencing safety
Pool Code
requirements with the requirements
from the Uniform Building Code.
Excavation and
15.10.20
Administration
Amended
To add language indicating that work
Grading Code (Local
governed by this chapter shall comply
Ordinance)
with the intent of the "National Pollutant
Discharge Elimination System"
(NPDES) provisions.
15.10.060
Grading Permit
Amended
To clarify that dust control measures are
H.1.
Requirements
required for soil processing on site as
well as during transportation to and from
the site. Also, adds language to require
retention of dust control water on site.
5
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NBMC
Title
Action
Comments
Section
15.10.065
Drainage Permits
Amended
Adds language requiring that proposed
A.
alterations or corrective work be
designed to minimize the runoff from the
site.
15.10.120
Drainage, Terracing
Amended
Revised disposal section "D" to require
D.
and Runoff Impact
designs that minimize runoff from the
Mitigation Fee
site. Adds minimum standard for
drainage pipe, size and material.
Section "E" Drainage Standards revised
to correct to current requirements. The
runoff mitigation fee is to provide the
ability to collect a fee to offset adverse
impacts from runoff where strict
compliance is not possible and a waiver
is granted.
15.10.130
Erosion Control
Amended
Language added to require silt to be
D, H
retained on site. Adds Section "H" to
indicate our performance requirement
for erosion control measures.
15.10.160
Alternate Methods
Amended
Adds language to require consideration
of runoff containment and erosion
control when considering alternate
methods.
Report of
15.15.040
Application
Amended
Delete language to remove the option
Residential Building
decline reinspection of the property
Records
once the initial inspection has been
made.
15.15.045
Inspection
Amended
Language changes to clarify our current
inspection procedure.
15.15.050
Delivery of Report
Amended
Language changes to clarify
responsibility for delivery of the report to
all parties to the transaction.
15.15.065
Refunds /Cancellation
Amended
Revised language to clarify
Fees
refund/cancellation policy.
15.15.066
Expiration of Report
Added
New section added to set an expiration
date for reports that have not received a
final inspection.
Flood Damage
15.50.050
Definitions
Amended
Added new definitions for "addition,"
Prevention
"addition cost," "current value of
structure, "'remodel," "remodel cost."
15.50.130
Establishment of
Deleted
The contents of this section have been
Development permit
relocated into Section 15.50.220
"Standards for Subdivision ".
15.50.130
Designation of the
Renumbered
Renumbered code section.
Flood Plain
Administrator
15.50.150
Permit Review and
Deleted
The contents of this section have beer
Remedial Action
relocated into Section 15.50.220
"Standards for Subdivision."
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Council \staffrept adopt2002cds
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NBMC
Title
Action
Comments
Section
15.50.140
Use of other Base
Amended
Editorial changes to reference to
Flood Data
renumbered code sections.
15.50.150
Documentation of Flood
Amended
Additional changes to reference to
Plain Development
renumbered code sections.
15.50.160
Alteration of
Renumbered
Renumbered code section.
Watercourses
15.50.170
Map Determinations
Amended
Editorial change to reference to
renumbered code section.
15.50.180
Appeals and Variance
Amended
Editorial changes to reformatted
Procedure
paragraph and reference renumbered
code sections.
15.50.190
Conditions for Variance
Amended
Editorial changes to reformatted
paragraph and renumber code section.
15.50.200
Standards for
Amended
Contents clarified, editorial changes,
Construction
inapplicable requirements for
manufactured homes and recreational
vehicles in costal high hazard areas
have been deleted. Added a list of
required submittals.
15.50.210
Standards for Utilities
Renumbered
Renumbered code section.
15.50.220
Standards for
Amended
Revised to include requirements of
Subdivision
Section 15.50.130 Establishment of
Development Permit and 15.50.150
"Permit Review and Remedial Action"
15.50.230
Coastal High Hazard
Amended
Minor revisions to clarify intent and
Areas
reformat paragraph.
15.50.240
Mudslide -Prone Areas
Amended
Reformatted paragraph and
renumbered code section.
15.50.250
Flood- related Erosion-
Amended
Reformatted paragraph and
prone Areas
renumbered code section.
Construction Site
15.50.010
Site cleanup Fee-
Amended
Revised to delete collection of cleanup
Cleanup
Purpose
deposit.
15.60.020
Amount of Deposit
Deleted
Deposit no longer required.
15.60.020
Notice
Amended
Renumbered section and deleted items
related to erosion control and
construction violations.
15.50.030
Type of Deposit
Deleted
Deposit no longer required. Deleted
items related to erosion control and
construction violations.
15.60.030
Action by City
Amended
Renumbered section and revised to use
stop work order and administrative
citation to enforce site cleanup.
15.60.040
Appeal to City Council
Renumbered
Renumbered code section.
15.60.060
Refund of Deposit
Deleted
Deposit no longer required.
Council \staffrept adopt2002cds
7
RESOLUTION NO. 2002 -_ •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF
NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO
THE CALIFORNIA BUILDING CODE, THE CALIFORNIA PLUMBING CODE, AND THE
CALIFORNIA ELECTRICAL CODE REASONABLY NECESSARY.
WHEREAS, Health & Safety Code Section 17958 mandates that the City of Newport
Beach adopt ordinances or regulations imposing the same requirements as are contained in the
regulations adopted by the State pursuant to Health & Safety Code, Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code Section 17922
to impose the same requirements as are contained in the 2001 California Building Code based on
the 1997 Uniform Building Code of the International Conference of Building Officials, the 2001
California Plumbing Code based on the 2000 Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials, and the 2001 California Electrical Code
based on the 1999 National Electrical Code of the National Fire Protection Association •
(hereinafter referred to collectively as "Codes "); and
WHEREAS, Health & Safety Code Section 17958.5 permits the City to make such
changes or modifications to the Codes as are reasonably necessary because of local conditions;
and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council, before
making any changes or modifications pursuant to Section 17958.5 make express findings that
such changes or modifications are needed due to climatic, geographic, or topographic conditions;
and
WHEREAS, the Building Director has recommended that changes and modifications be
made to the Codes and have advised that these changes and modifications to the model codes are
reasonably necessary due to local conditions in the City of Newport Beach and have further
1
• advised that the remainder of said changes and modifications are administrative or procedural in
•
nature,
NOW THEREFORE, BE IT RESOLVED by City Council of the City of Newport Beach
as follows:
SECTION 1.
The following changes and modifications to the 2001 Editions of the CALIFORNIA
BUILDING CODE as recommended by the Building Director are hereby found to be necessary
due to local climatic, geographical or topographical conditions:
1. Section 403 redefines High Rise buildings from 75 feet in height to 55 feet
and modifies the application of special provisions for these buildings to all
occupancies from office and residential occupancies.
FINDINGS.
a. The City of Newport Beach is located in an area subject to a climatic condition of high
winds. This environment is conducive is to rapidly spreading fires. Control of such fires
requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street
lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs
will greatly impact the response time to reach an incident scene. Additionally Table 16 -G
identifies a significant increase in the amount of wind force at 60 feet above the ground.
Use of aerial type fire fighting apparatus above this height would place rescue personnel
at increased risk of injury.
b. The City of Newport Beach is located in the middle of the seismically active area
identified as seismic zone 4. The viability of the public water system would be
questionable at best after a major seismic event. This would leave tall buildings
vulnerable to uncontrolled fires due to a lack of available water and an inability to pump
sufficient quantities of available water to floors above the 55 -foot level. A severe seismic
2
event has the potential to negatively impact any rescue or fire suppression activities •
because it is likely to create obstacles similar to those indicated under the high wind
section above. With the probability of strong aftershocks there exists a need to provide
increased protection for anyone on upper floors.
2. Section 904.2.1 and Section 904.2.2 were modified to require installation of
an automatic fire extinguishing system in all occupancies exceeding 5,000
square feet before allowable floor area increases specified in Table No. 5 -B,
Section 505 are applicable and in all buildings having floors used for human
occupancy and located more than 40 feet above the lowest level of Fire
Department vehicle access.
FINDINGS:
Due to the geographic conditions of widespread development separated by waterways and the
street congestion caused by this geography, and due to the seismic activity and the expected
infrastructure damage inherent in seismic zone 4, it is prudent to rely on automatic fire sprinkler •
systems to mitigate extended Fire Department response time and keep fires manageable with
reduced fire flow (water) requirement for a given structure.
3. Section 1005.3.3.7 requires pressurized enclosures for high -rise buildings as
defined where the floor level used for human occupancy is located more than
55 feet above the lowest level of Fire Department vehicle access versus 75 feet
consistent with Section 403.
FINDINGS:
a. The City of Newport Beach is located in an area subject to a climatic condition of high
winds. This environment is conducive is to rapidly spreading tires. Control of such fires
requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street
lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs
3 •
• will greatly impact the response time to reach an incident scene. Additionally Table 16 -G
identifies a significant increase in the amount of wind force at 60 feet above the ground.
Use of aerial type fire fighting apparatus above this height would place rescue personnel
at increased risk of injury.
b. The City of Newport Beach is located in the middle of the seismically active area
identified as Seismic Zone 4. The viability of the public water system would be
questionable at best after a major seismic event. This would leave tall buildings
vulnerable to uncontrolled fires due to a lack of available water and an inability to pump
sufficient quantities of available water to floors above the 55 - foot level. A severe
seismic event has the potential to negatively impact any rescue or fire suppression
activities because it is likely to create obstacles similar to those indicated under the high
wind section above. With the probability of strong aftershocks there exists a need to
provide increased protection for anyone on upper floors.
• 4. Delete Section 1502.3 and amend Table 15 -A and footnotes to the table to
•
require roof coverings to be of fire retardant material of not less than Class
C rating.
FINDINGS:
a. Many areas of Newport Beach have significant growths of vegetation of a highly
combustible nature.
b. The City of Newport Beach, especially the foothill areas, is geographically located in an
area periodically subject to wind conditions of high velocity. Moreover, the
topographical conditions of the foothill areas, and canyons contained therein, tend to
accelerate the periodic high velocity winds by means of a venturi effect.
C. The City of Newport Beach, especially the foothill areas, is located within an area subject
to high temperatures, in conjunction with high winds.
4
d. The use of non -rated or special purpose roofing materials as roof coverings within the City is
of Newport Beach may create an inordinate fire hazard during periods of high velocity
winds when fire may spread across buildings with roof coverings of non -rated combustible
materials.
e. Embers from chimneys without spark arresters within the City of Newport Beach, including
the foothill areas, coupled with the climatic, topographic and geographic conditions
described herein above, may permit the throwing of sparks, embers and cinders upon non-
rated and special purpose roofing material roofs during periods of high velocity winds,
thereby creating a fire hazard which in turn may spread throughout areas where the roofs of
structures are covered with untreated wood shakes and shingle.
5. Change to load combinations formula 12 -6 in Section 1612.2.1.
FINDINGS:
The formula accounts for both horizontal and vertical accelerations, whereas formula 12 -5
accounts for vertical acceleration, therefore formula 12 -6 was amended to account for horizontal •
earthquake acceleration. This conclusion was made by the Structural Engineers Association in
studies made after the Northridge earthquake. The City of Newport Beach is located in
seismically active area 4 and would be affected by any future seismic events.
6. Changes to Section 1629.4.2 Seismic Zone 4 Near - Source Factor to reflect
most recent design provisions as published by AISC.
FINDINGS:
Results from studies after the Northridge earthquake. The City of Newport Beach is located in a
seismically active area identified as seismic zone 4 and in close proximity to the Newport-
Inglewood fault. Results from studies after the Northridge earthquake indicated severe vertical
ground acceleration causing substantial damage to buildings,
5 •
• 7. Changes to Section 1630.8.2.2 Detailing Requirements in Seismic Zones 3 and
4 to reflect most recent design provisions as published by the AISC.
FINDINGS:
Also results from studies after the Northridge earthquake. The City of Newport Beach is located
in a seismically active area identified as seismic zone 4 and in close proximity to the Newport-
Inglewood fault. Results from studies after the Northridge earthquake indicated severe vertical
ground acceleration causing substantial damage to buildings.
8. Section 1900.4.4 is amended to require vapor barriers below concrete slabs.
FINDING:
Most of Orange County is located above some type of aquifer that is often just a few feet below
the surface. In addition, Newport Beach is subjected to potentially severe rainstorms during the
winter months. Combining these two water sources with the water retention capacity of the
area's expansive soil produces a condition wherein the moisture content of the soil is sufficient to
increase the moisture content of concrete in contact with the soil. Concrete, which is used as part
of a building structure, has the potential to transfer that moisture to the structure causing
structural deterioration unless a moisture barrier is provided.
9. Section 1922.10.3 exception 2 is deleted.
FINDING:
Due to prevailing expansive soil conditions in Newport Beach, deleting this exception would
require that slabs be reinforced with Minimum reinforcement, a typical requirement, specified
routinely by soil engineers and used widely by design engineers to mitigate damage due to soil
expansion and shrinkage.
10. Changes to Section 2205.3 Design Provisions for Structural Steel to reflect
most recent design provisions as published by the AISC.
• 6
FINDINGS: •
Also results from studies after the Northridge earthquake. The City of Newport Beach is located
in a seismically active area identified as seismic zone 4 and in close proximity to the Newport-
Inglewood fault. Results from studies after the Northridge earthquake indicated severe vertical
ground acceleration causing substantial damage to buildings.
11. Divisions IV and V of Chapter 22 are deleted and replaced with Division IV
Seismic Provisions for Structural Steel Buildings as published by the AISC.
FINDINGS:
Also results from studies after the Northridge earthquake. The City of Newport Beach is located
in a seismically active area identified as seismic zone 4 and in close proximity to the Newport-
Inglewood fault. Results from studies after the Northridge earthquake indicated severe vertical
ground acceleration causing substantial damage to buildings.
SECTION 2.
The following changes and modifications to the 2001 Edition of the CALIFORNIA
ELECTRICAL CODE as recommended by the Building Director are hereby found to be
necessary due to local climatic, geographical or topographical conditions:
1. Article 110 -5 is amended to require that installation of smaller than #6 AWG
aluminum conductors shall be inspected continuously by an approved special
inspector to insure tightness of all termination points.
FINDINGS:
Aluminum expands and shrinks at a much higher rate than other metals. This property becomes
critical for smaller sizes or aluminum conductors, which may break down at termination point in a
seismic event causing a fire. Orange County is located in an active seismic area (Seismic zone 4).
The continuous inspection requirement will insure proper installation.
7 •
• SECTION 3.
The following changes and modifications to the 2001 Edition of the CALIFORNIA
PLUMBING CODE as recommended by the Building Director are hereby found to be necessary
due to local climatic, geographical or topographical conditions:
1. Section 604.1.1 is amended to require non - metallic pipe for underground
water service to a building.
FINDINGS:
Soil throughout Newport Beach possesses corrosive properties that reduce the expected usable life of
water services when metallic pipes in contact with soils are utilized.
2. Section 1210.1 has been amended to require the installation of approved PVC
or PE piping only in exterior buried piping systems.
FINDINGS:
Soil throughout Newport Beach possesses corrosive properties that reduce the expected usable life
• of metallic gas systems when utilized in contact with soil.
SECTION 4.
Additional amendments and deletions to the 2001 California Building Code based on the
1997 Uniform Building Code of the International Conference of Building Officials, the 2001
California Plumbing Code based on the 2000 Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials, the 2001 California Mechanical Code based
on the 2000 Uniform Mechanical Code of the International Conference of Building Officials, the
2001 California Electrical Code based on the 1999 National Electrical Code of the National Fire
Protection Association and 2001 California Fire Code based on the 2000 Uniform Fire Code of
the International Fire Code Institute were found to be administrative or procedural and are
• g
contained in the 1997 Edition of the Uniform Administrative Code, and are found to be •
reasonable and necessary to safeguard life and property within the City of Newport Beach.
SECTION 5.
A copy of this Resolution together with the Ordinances adopting the City Codes shall be
filed with the California Building Standards Commission and the California Department of
Housing and Community Development by the City Clerk of the City of Newport Beach as
required by State law (Section 17958.7 H & S Code).
ADOPTED THIS
ATTEST:
City Clerk
DAY OF 2002
7
MAYOR
•
•
• ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 15.04,
15.05, 15.06, 15.08, 15.09, 15.10, 15.15, 15.50 AND 15.60 OF TITLE 15 OF THE NEWPORT
BEACH MUNICIPAL CODE TO ADOPT THE 2001 EDITION OF THE CALIFORNIA
BUILDING CODE, THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE
2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2001 EDITION OF THE
CALIFORNIA PLUMBING CODE, AND TO AMEND THE SWIMIIvvIING POOL CODE, THE
EXCAVATION AND GRADING CODE, RESIDENTIAL BUILDING REPORT CHAPTER,
FLOOD DAMAGE PREVENTION CHAPTER, AND CONSTRUCTION SITE CLEANUP
CHAPTER.
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.04 of the Newport Beach Municipal Code is amended to read:
1, of the
Chapter 15.04
•
BUILDING CODE
Sections:
15.04.010
Adoption of California Building Code.
15.04.020
Deletion of Chapter 1
15.04.030
Amendment to Section 403
15.04.040
Amendment to Section 904.2.1
15.04.050
Amendment to Subsection 5 and addition of
Subsection 6 to Section 904.2.2.
15.04.060
Amendment to Section 1005.3.3.7
15.04.070
Amendment to Table 15 -A
15.04.080
Amendment to Section 1612.2.1
15.04.090
Amendment to Section 1629.4.2
15.04.100
Amendment to Section 1630.8.2.2
15.04.110
Amendment to Section 1900.4.4
15.04.120
Amendment to Sections 1922.10
15.04.130
Amendment to Section 2205.3
15.04.140
Amendment to Divisions IV and V of Chapter 22
•
15.04.150
Amendment to Appendix Chapter 4, Division
California Building Code
1, of the
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
of the 49952001 edition of the California Building Code based on the 1997 Uniform Building
Code, including Appendix Chapters A3 Division II, A4, Al2, A15, A16 Division 11 and IV, A18,
A29,—A31 Division I, 11 and III, and A34111, as published by the Intemational Conference of
Building Officials.
The City Council also adopts and incorporates by reference, as though set forth in full in
this section, the 4-9992001 edition of the "California Building Code" Volumes 1 and 2, including
all national codes and standards referenced therein, based on the 1997 Uniform Building Code,
as published by the International Conference of Building Officials.
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 499 %2001 California Building Code Volumes 1 and 2 , printed •
in code book form, shall be kept on file in the office of the City Clerk.
15.04.020 Deletion of Chapter 1 of the Uni€er4n California Building Code.
Chapter 1 of the U- nifefm California Building Code is deleted. All administrative
provisions including enforcement, permit process, fees and inspections for this Chapter are
contained in the Administrative Code under Chapter'15.02.
15.04.030 Amendment to Section 403
Section 403 is amended to read as follows:
SECTION 403 Special Provisions for all Occupancies.
SECTION 403.1 Scope. This section applies to all occupancies each having floors used
for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire
department vehicle access. Such buildings shall be of type I or Type II -F.R. construction and shall
be provided with an approved automatic fire sprinkler system in accordance with Section 403.2.
•
z
• SECTION 403.1.1 (For SFMf In addition to other applicable requirements of these
regulations, the provisions of this section shall apply to every new building of any type of
construction or occupancy having floors used for human occupancy located more than 55 feet
(16,764 mm) above the lowest level of fire department vehicle access.
EXCEPTIONS:
1. Hospital as defined in Section 1250 of the Health and Safety Code.
2. The following structures, while classified as high -rise buildings, shall not be subject to
the provisions of this section, but shall conform to all other applicable provisions of this
regulation.
2.1 Buildings used exclusively as open parking structures.
2.2 Buildings where all floors above the 55 foot (16,744 mm) level are used exclusively as
open parking structures.
• 2.3 Floors of buildings used exclusively as open parking garages and located above all
otherfloors used for human occupancy.
2.4 Buildings such as power plants, lookout towers, steeples, grain houses and similar
structures with non - continuous human occupancy, when so determined by the enforcing
official.
2S Buildings used exclusively for jails and prisons.
15.04.040 Amendment to Section 904.2.1.
Section 904.2.1 of the Building Code is amended to read as follows:
SECTION 904.2.1 Where required. An automatic fire- extinguishing system shall be
installed in the occupancies and locations as set forth in this section.
Notwithstanding any applicable provisions of this code, an automatic fire- extinguishing
system shall be installed in all occupancies when the total floor area of a building as defined in
Section 207 of the code, regardless of area separation walls or allowable area, exceeds 5,000
• square feet.
3
For R -3 occupancies the floor area is the area included within the surrounding exterior •
walls of a building or portion thereof, exclusive of vent shafts and courts.
(For SFMJ For special provisions on hazardous chemicals and magnesium, and calcium
carbide, see the Fire Code.
For provisions on special hazards and hazardous materials, see the Fire Code.
In all existing structures not equipped with an automatic fire extinguishing system, when
additions cause the structure to exceed 5,000 square feet the following provisions apply.
A. When such additions are 25% or less than the original building square footage, the
existing structure and the addition need not be equipped with an automatic sprinkler system.
B. When such additions exceed 25% but are less than 50% of the original building
square footage, the addition shall be equipped with an automatic sprinkler system.
C. When such additions are 50% or more of the original building square footage, the
entire structure shall be equipped with an automatic sprinkler system throughout.
15.04.050 Amendment to Section 904.2.2. •
Subsection 5 And 6 of Section 904.2.2 is amended and subsection 6 is added to the
Building Code to read as follows:
SECTION 904.2.2
5. Throughout all buildings having floors located more than 40 feet (12192 mm)
above the lowest level of fire department vehicle access.
EXCEPTIONS: 1. Airport control towers.
2. Open parking structures.
3. Group F, Division 2 Occupancies.
6. In all existing structures not equipped with an automatic fire extinguishing system
that exceed 5,000 square feet, the following provisions shall apply.
A. When additions are 1,250 square feet or less, the existing structure and the
addition need not be equipped with an automatic sprinkler system.
•
4
• B. When additions exceed 1,250 square feet, but are less than 2,500 square
feet, the addition shall be equipped with an automatic sprinkler system.
C. When additions are 2,500 square feet or more, the entire structure shall be
equipped with an automatic sprinkler system throughout.
Except in Group R, Division 3 and Group M occupancies, in partially sprinklered
buildings, sprinklered areas shall be separated from non - sprinklered areas. Such separation shall
not be less than that required for a one -hour occupancy separation.
15.04.060 Amendment to Section 1005.3.3.7
Section 1005.3.3.7 is amended to read as follows:
SECTION 1005.3.37 Pressurized Enclosures. In a building having a floor level used
for human occupancy located more than 75 feet (2296Q. m+) 55 feet (16.674mm) above the
lowest level of fire department vehicle access, all required exit enclosures shall be pressurized in
accordance with Section 905 and this section. Pressurization shall occur automatically upon
• activation of an approved fire alarm system.
EXCEPTION: If the building is not equipped with a fire alarm system,
pressurization shall be upon activation of a spot -type smoke detector listed for releasing service
located within 5 feet (1524 mm) of each vestibule entry.
A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute
(1180 Us) of air at the design pressure difference shall be located in the upper portion of such
pressurized exit enclosures.
15.04.070 Amendment to Table 15 -A.
•
Table 15 -A of the Building Code is amended to read as follows:
5
TABLE NO. 15-A MINIMUM ROOF CLASSIFICATION(3)
OCCUPANCY
TYPES OF CONSTRUCTION
I
II
III
IV
V
FR
FR
1 -HR
N
1 -HR
N
HT
1 -HR
N
A -1
B
B
-
A)2 -2.1
B
B
B
B
B
B
A -3
B
B
B
B
B'
C
B'
B'
C
A -4
B
B
B
B
B
B
B
B
B'
B
B
B
B
B
B'
C
B'
B'
C
E
B
B
B
B
B
B
B
B
B'
F
B
B
B
B
B'
C
B'
B'
C
H -1
A
A
A
A
-
-
H)2- 3- 4- 5 -6 -7 -8
A
B
B
B
B
B
B
B
B
I)1.1 -1.2 -2
A
B
B
-
B
B
B
I -3
A
B
B'
B2
-
B
-
M
B
B
B
B
B'
C
B'
B2
C
R -1
B
B
B
B
B'
C
B'
B2
C
R -3
B
B
B
B
C
C
C
C
C
S -1,S -3
B
B
B
B
B'
C
B'
B'
C
S -2,S -5
B
B
B
B
B
B
B
B
B'
S -4
B
B
B
B
-
U
B
B
B
B
C
C
C
C
C
A - Class A Roofing
B - Class B Roofing
C - Class C Roofing
F.R. — Fire Resistive Construction
H.T. — Heavy Timber Construction
0
•
•
• 1 HR —1 Hour Rated Construction
- Occupancy not permitted in this type of construction
(1) Buildings which are not more than two stories in height and have not more than 6,000
square feet (557m) of projected roof area and where there is a minimum of 10 feet
(3,048m) from the extremity of the roof to the property line or assumed property line on
all sides except for street fronts may have Class C roof coverings which comply with
U.B.C. Standard No. 15 -2.
(2) See Section 308.2.2
(3) All structures, regardless of occupancy classification, located within the "High Fire
Hazard Severity Zone," as defined and periodically modified by the local jurisdiction,
shall be provided with a Class "A" or `B" roof system.
15.04.080 Amendment to Section 1612.2.1
Section 1612.2.1 of the Building Code is amended to read as follows:
• SECTION 1612.2.1 Basic load combinations. Where Load and Resistance Factor
Design (Strength Design) is used, structures and all portions thereof shall resist the most critical
effects from the following:
Combinations of factored loads:
14D (12 -1)
1.2D + 1.6L + 0.5 (L, or S) (12 -2)
1.2D + 1.6 (L, or S) + (f, L or 0.8 Wj (12 -3)
1.2D + 1.3W + (fl L + 0.5 (L, or S) (12 -4)
1.2D + 1.0E + (f, L + f2 S) (12 -5)
0.98 !± {1.60E or 1.314" (11,2 6)
0.9D ±(LOoEhor 13W1 (12 -6)
WIIERE:
fl = 1.0 for floors in places of public assembly, for live loads in excess of 100 psf (4.9 kN /m2 ),
ORand for garage live load
= 0.5 for other live loads.
7
f2 = 0.7 for roof configurations (such as saw tooth) that do not shed snow off the structure. •
= 0.2 for other roof configurations.
EXCEPTIONS:
1. Factored load combinations for concrete per Section 1909.2 where load
combinations do not include seismic forces.
3.2. Where other factored load combinations are specifically required by the provisions
of this code.
15.04.090 Amendment to Section 1629.4.2
Section 1629.4.2 of the Building Code is amended to read as follows:
SECTION 1629.4.2 Seismic Zone 4 near - source factor. In Seismic Zone 4, each site
shall be assigned a near- source factor in accordance with Table 16 -8 and the Seismic Source
Type set forth in Table 16 -U. The value of Na used in determining Ca need not exceed 1.1 for •
structures complying with all the following conditions:
1. The soil profile type is SA, SB, SC or So.
2. A= 1.0.
3. Except in single -story structures, Group R, Division 3 and Group U, Division 1
Occupancies, moment frame systems designated, as part of the lateral- force - resisting system shall
be special moment - resisting frames.
4. The provisions in Sections 9.6a and 9.6b of AISC -
Seismic Part I shall not apply, except for columns in one -story buildings or columns at the top
story of multistory buildings.
5. None of the following structural irregularities is present: Type 1, 4 or 5 of Table 16 -L,
and Type 1 or 4 of Table 16 -M.
15.04.100 Amendment to Section 1630.8.2.2 •
8
• Section 1630.8.2.2 of Title 26 of the California Building Code is amended to read as
follows:
SECTION 1630.8.2.2 Detailing requirements in Seismic Zones 3 and 4. In Seismic
Zones 3 and 4, elements supporting discontinuous systems shall meet the following detailing or
member limitations:
1. Reinforced concrete or reinforced masonry elements designed primarily as axial -load
members shall comply with Section 1921.4.4.5.
2. Reinforced concrete elements designed primarily as flexural members and supporting
other than light -frame wood shear wall systems or light -frame steel and wood structural panel
shear wall systems shall comply with Sections 1921.3.2 and 1921.3.3. Strength computations for
portions of slabs designed as supporting elements shall include only those portions of the slab
that comply with the requirements of these Sections.
is 3. Masonry elements designed primarily as axial -load carrying members shall comply
with Sections 2106.1.12.4, Item 1, and 2108.2.6.2.6.
4. Masonry elements designed primarily as flexural members shall comply with Section
2108.2.6.2.5.
65. Steel elements designed primarily as flexural members or trusses shall have bracing
for both top and bottom beam flanges or chords at the location of the support of the
discontinuous system and shall comply with the requirements of Seeti ... 2213.7.1.3. AISC-
Seismic Part I. Section 9.4b.
76. Wood elements designed primarily as flexural members shall be provided with lateral
bracing or solid blocking at each end of the element and at the connection location(s) of the
• discontinuous system.
0
15.04.110 Amendment to Section 1900.4.4 •
Section 1900.4.4 of the Building Code is amended to read as follows:
SECTION 1900.4.4 Minimum Slab Thickness. The minimum thickness of concrete
floor slabs supported directly on the ground shall not be less than 3 '/2 inches (89 mm). An
approved vapor barrier membrane shall be placed under slab floors for human occupancy and
supported directly on the rg ound.
EXCEPTION: When iustified by a soils report and approved by the Building
Official, the vapor barrier may be omitted.
15.04.120 Amendment to Sections 1922.10.
Section 1922.10 is amended to read as follows:
1922.10 Seismic Requirements for Plain Concrete.
1922.10.1 General. The design and construction of plain concrete components that
resist seismic forces shall conform to the requirements of Section 1922, except as modified by this
section. •
1922.10.2Seismic Zones 0 and 1. Structural plain concrete members located in Seismic
Zones 0 and 1 shall be designed in accordance with the provisions of Sections 1922.1 through
1922.9.
1922.10.3 Seismic Zones 2,3 and 4. Structural plain concrete members are not permitted
in buildings located in Seismic Zones 2, 3 and 4.
EXCEPTIONS:
1. Footings for buildings of Group R, Division 3 or Group U, Division 1 Occupancy
constructed in accordance with Table 18 -I -C.
2 Post - tensioned slabs-on-grade and topping slabs when supported by approved
structural systems.
15.04.130 Amendment to Section 2205.3
Section 2205.3 of the California Building Code is amended to read as follows: •
10
• SECTION 2205.3 Seismic Design Provisions for Structural Steel. Steel structural
elements that resists seismic forces shall, in addition to the requirements of Section 2205.2 be
designed in accordance with Division IV erg
15.04.140 Divisions IV and V of Chapter 22 of the California Building Code are
deleted in their entirety and replaced by the following:
Division IV— SEISIVUC PROVISIONS FOR STRUCTURAL STEEL BUILDINGS
Based On Seismic Provisions For Structural Steel Buildings, Of The American
Institute of Steel Construction. Parts I and III, dated April 15, 1997
and Supplement No. 2, dated November 10, 2000.
SECTION 2210 Except for the modifications as set forth in Sections 2211 and 2212 of
this division and the requirements of the Building Code, the seismic design, fabrication, and
erection of structural steel shall be in accordance with the Seismic Provisions for Structural Steel
Buildings, April 15, 1997 published by the American Institute of Steel Construction, 1 East
• Wacker Drive, Suite 3100, Chicago, IL 60601, as if set out at length herein. The adoption of
Seismic Provisions for Structural Steel Buildings in this Division, hereinafter referred to as
AISC- Seismic, shall include Parts I (LRFD), and P,%4 III (ASD), and Supplement No. 2, dated
November 10, 2000.
Where other codes, standards, or specifications are referred to in this specification, they
are to be considered as only an indication of an acceptable method or material that can be used
with the approval of the Building Official.
SECTION 2211— DESIGN METHODS
When the load combinations from Section 1612.2 for LRFD are used, structural steel
buildings shall be designed in accordance with Chapter 22 Division II (AISC -LRFD) and Part I
of AISC - Seismic as modified by this Division.
L J
II
When the load combinations from Section 1612.3 for ASD are used, structural steel •
buildings shall be designed in accordance with Chapter 22 Division III (AISC -ASD) and Part III
of AISC- Seismic as modified by this Division.
SECTION 2212 — AMENDMENTS
The AISC - Seismic adopted by this Division apply to the seismic design of structural steel
members except as modified by this Section.
The following terms that appear in AISC - Seismic shall be taken as indicated in the 1997
Uniform Building Code.
AISC- Seismic 1997 Uniform Building Code
Seismic Force Resisting System Lateral Force Resisting System
Design Earthquake Design Basis Ground Motion
Load Combinations Eqs. (4 -1) and (4 -2) Chapter 16 Eqs. (12 -17) and (12 -18) •
respectively
LRFD Specification Section Eqs. Chapter 16 Eqs. (12 -1) through (12 -6)
(A4 -1) through (A4 -6) respectively
92oQE Em
1. Part I, Sec. 1. of the AISC Seismic Provisions is revised as follows:
1. SCOPE
These provisions are intended for the design and construction of structural steel members
and connections in the Seismic Force Resisting Systems in buildings for which the design forces
resulting from earthquake motions have been determined on the basis of various levels of energy
dissipation in the inelastic range of response. These provisions shall apply to buildings in
Seismic Zone 2 with an importance factor I greater than one, in Seismic Zone 3 and 4 or when
required by the Engineer of Record.
•
12
• These provisions shall be applied in conjunction with, Chapter 22, Division II, hereinafter
referred to as the LRFD Specification. All members and connections in the Lateral Force
Resisting System shall have a design strength as provided in the LRFD Specification to resist
load combinations 12 -1 through 12 -6 (in Chapter 16) and shall meet the requirements in these
provisions.
Part I includes a Glossary, which is specifically applicable to this Part, and Appendix S.
2. Part I, Sec. 4.1. of the AISC Seismic Provisions is revised as follows:
4.1 Loads and Load Combinations
The loads and load combinations shall be those in LRFD Specification Sear.. A4.1
Section 1612.2 except as modified throughout these provisions.
15.04.150 Amendment to Appendix Chapter 4, Division 1, of the California
Building Code
• Section 420 of Appendix Chapter 4, Division 1, of the California Building Code is
amended to read as follows:
SECTION 420 Swimming Pool is any structure intended for swimming or recreational
bathing that contains water over 24 inches (610nim) 18 inches (458 mm) deep. This includes in-
ground, above ground and on- ground swimming pools; and fixed -in -place wading pools.
Section 421.1 of Appendix Chapter 4, Division 1, Item 1 of the California Building Code
is amended to read as follows:
SECTION 421.1 Barrier Requirements
1. The top of the barrier shall be at least ^Q inches (1219"""` 60 inches (1524 mm)
above grade measured on the side of the barrier, which faces away from the swimming pool. The
maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51
mm) measured on the side of the barrier, which faces away from the swimming pool. The
maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm)
. when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top
13
of the above ground pool structure. When barriers have horizontal members spaced less than 45 •
inches (1143 mm) apart, the horizontal members shall be placed on the poolside of the barrier.
Any decorative design work on the side away from the swimming pool, such as protrusions,
indentations or cutouts, which render the barrier easily climbable, is prohibited.
•
•
14
• SECTION 2. Chapter 15.05 of the Newport Beach Municipal Code is adopted to read:
Sections:
Chapter 15.05
MECHANICAL CODE
15.05.010 Adoption of California Mechanical Code.
15.05.020 Deletion of Chapter 1.
15.05.010 Adoption of California Mechanical Code. The City Council adopts and
incorporates by reference, as though set forth in full in this section of the 19952001 edition of the
California Mechanical Code, based on the 49P2000 Uniform Mechanical Code, including all
Appendix Chapters as published by the International Association of Plumbing and Mechanical
• Officials.
The various parts of this code, including the deletions adopted in this section, shall
constitute and be known as the Newport Beach Mechanical Code. A copy of the 49992001
California Mechanical Code printed in code book form shall be kept on file in the office of the
City Clerk.
15.05.020 Deletion of Chapter 1 of the Mechanical Code. Chapter 1 of the
Mechanical Code is deleted. All administrative provisions including enforcement, permit
process, fees, and inspections for this chapter are contained in the Administrative Code under
Chapter 15.02.
•
rFy
SECTION 3. Chapter 15.06 of the Newport Beach Municipal Code is adopted to read: •
Chapter 15.06
ELECTRICAL CODE
Sections:
15.06.010 Adoption of The California Electrical Code.
15.06.020 Amendment to Article 110 -5.
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 499 %2001 edition of the California Electrical Code based on the 49961999 National
Electrical Code, including all Appendix Chapters as published by the National Fire Protection
Association subject to the changes and modifications set forth in this chapter.
The various parts of this code, along with the additions, amendments and deletions •
adopted in this section, shall constitute and be known as the Newport Beach Electrical Code. A
copy of the 19952001 California Electrical Code, printed in code book form shall be kept on file
in the office of the City Clerk.
15.06.020 Amendment to Article 110 -5.
Article 110 -5 of the Electrical Code is amended to read as follows:
ARTICLE 110 -5 CONDUCTORS. Conductors normally used to carry current shall be
of copper or of aluminum unless otherwise provided in this Code. Where the conductor material
is not specified, the material and the sizes given in this Code shall apply to copper conductors.
Where other materials are used, the size shall be changed accordingly. Aluminum conductors of
No. 6 or smaller used for branch circuits shall require continuous inspection by an independent
testing agency approved by the Building Official for proper torquing of connections at their
termination point.
(FPN): For aluminum and copper -clad aluminum conductors, see Section 310 -15. •
16
• SECTION 4. Chapter 15.08 of the Newport Beach Municipal Code is amended to read:
Chapter 15.08
PLUMBING CODE
Sections:
15.08.010
Adoption of California Plumbing Code.
15.08.020
Deletion of Chapter 1 Administration.
15.08.025
Amendment to Section 604.1.1
15.08.030
Amendment to Section 1210.1.
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 49982001 edition of the California Plumbing Code, including all Appendix Chapters,
• Ei ppteFs2zh_,...o 14 and Appendices A n G n E c 14 and I and the 1-is. lee , c—�—dard s
based on the 4992000 Uniform Plumbing Code as published by the International Association of
Plumbing and Mechanical Officials.
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
"Plumbing" Code. A copy of the 49982001 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.
15.08.020 Deletion of Part i Administration of the Plumbing Code.
Part 1 Administration of the Plumbing Code is deleted in its entirety. All administrative
provisions including enforcement, permit process, fees, and inspections for this section are
contained in the Administrative Code under Chapter 15.02.
15.08.025 Amendment to Section 604.1.1
• Section 604. 1.1 is amended to read as follows:
17
SECTION 604.1.1 [HCD 1 & HCD 21 Water distribution pipe, building supply •
Wwater pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron,
galvanized wrought iron, galvanized steel, or other approved materials. Asbestos - cement,
CPVC, PE or PVC water pipe manufactured to recognized standards may shall be used for cold
water service distribution systems outside a building. All materials used in the water supply
system, except valves and similar devices, shall be of a like material, except where otherwise
approved by the administrative Authority.
15.08.030 Amendment to Section 1210.1
Section 1210.1 is amended to read as follows:
SECTION 1210.1 All pipe used for the installation, extension, alteration, or repair of
any gas piping shall be standard weight wrought iron or steel (galvanized or black), yellow brass
(containing not more than seventy -five (75) percent copper), or copper tube or Types K, L or
ACR. or intemally tuned equivaleney treated eepper of . pipe Approved
Pely&hylene or other non metallis PE pipe may shall be used in exterior buried piping •
systems.
[For HCD 1 & HCD 21 Corrugated stainless steel tubing may be permitted provided that
it is Dart of a system listed by an aDOroved testine aeencv as comnlvine with the reference
standard listed in Table 14 -1
18
•
• SECTION 5. Amendment to Section 15.09.030 of the Newport Beach Municipal Code.
Section 301.4 Swimming Pool Code is hereby deleted.
a. Any sr*iin ing peel, l,..r tub, OF ethOF Man -made 0ut of d0ers body of ,vat®.* —}_
• . _ . .. L! !!Ef7TJS!Lfle!7aZfiRte�lE7SSR7!
of a our (4) in.Eh- diameter sph .f:e. Sbitibs,, trees, or landsGape materials cannot be
�r.�rf r..�arrnefer�
4. Any eeBfiguratien pmviding laddef like aecess shall mean any methad assisting
• sueh aet:,,n as _limb:«.. _._:.1: .. pushing, jumping _ othef f._... s ri....v�°r^
c xx11 -e the baffiev is eemposed of he nt.,l and °'t: al mbe the .insane,
between the tops Bf h vnc-irtal rmeHi@rr sh -ll be feft yfive (!5) .ine��oie, r
a. Wh. the h . is eefnpesed of diagonal .....mbe ,.eh as a l:tt:ee fenee, the
S. All required peel lie andga��ssur-es shall w4end ,.:th: ..., R) inch
• of f; '1 to All a gates shall be ns ted ..liana with
vx xt.in sail or in eev ni�p.i...,e..
19
M7
.. ..
Al W
J 9 V
(1) self Glesing, with self latching jeviees, may be substituted, provided tho-41
(1) Other altem,.:_.,o ,.lulling n •eehn^legies, af4@f such systems afe
insure evaluated te oqua4 and satisfier banief •
20
pill pillillillipm
115920. Short tithe
• 1115921. Bens
143922. !`onstmetie... ....;t. safet..feat.. «e..
113923. EAelesufei rewired- ehaf-aeteristies
113924 A...ee...e.,ts to build ;..,.ti,.e..f..�....: ;
413926. e....l;eati,,., te facilities re...a..ted h., De...,a..,e..t of - Soei..1
,3927. A4ed iseti d -..teFo..et..tie. of ,,.t
r
115920. Ch.,.. T:tle
This ....t shall he known and ... .. he ..; teA ..., the C...:.... «. ,. D....1 C..0 t.. A..t
$ 115921. T'^
-s
As 14Sp -.d in r1'. •••rt:..ie the &AllA .. to .. 6.. ., tt.e f..11.. e
C °9
. bathin3 -that esi4aims water eyef18 inc4es deer. "Swim^.;^R
21
• SECTION 6. Chapter 15.10 of the Newport Beach Municipal Code is amended to read:
•
Chapter 15.10
EXCAVATION AND GRADING CODE
Sections:
15.10.020
Administration. Amended.
15.10.060
Grading Permit Requirements. Amended
15.10.065
Drainage Permits. Amended
15.10.120
Drainage and Terracing. Amended
15.10.130
Erosion Control. Amended
15.10.160
Alternate Methods. Amended.
Section 15.10.020 Administration. Amended.
Section 15.10.20 is amended to read as follows:
SECTION 15.10.20 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
Ouality 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.
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Section 15.10.060 Grading Permit Requirements. Amended. •
Section 15.10.060 is amended to read as follows:
SECTION 15.10.060 Grading Permit Requirements.
A. Permits Required. Except as exempted in Section 15.10.030 of this Code, no
person shall ep rformdo any grading without first obtaining a permit from the Building Official. A
separate permit shall be required for each site and may cover excavation, fills and paving.
B. Application. The provisions of Section 302.1 of the Administrative Code are
applicable to grading.
C. Plans and Specifications. When required by the Building Official, each
application for a grading permit or building permit shall be accompanied by two sets of plans and
specifications, and supporting data consisting of soil engineering and engineering geology report,
or other needed documents. The plans and specifications shall be prepared and signed by a civil
engineer when required by the Building Official. Within the Newport Bay drainage catchment •
area, a grading and erosion control plan is required unless waived in writing by the Building
Official.
D. Information on Plans and in Specifications. Plans shall be drawn to scale upon
substantial paper or elt4h and shall be of sufficient clarity to indicate the nature and extent of the
work proposed and show in detail that they will conform to the provisions of this Code and all
relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the
location of the work and the name and address of the owner, the person by whom they were
prepared, and where required, the name(s) and address(es) of professional person(s) or firm(s)
related to the project.
The plan shall include the following information:
1. General vicinity of the proposed site;
2. Property limits, permit area limits, accurate contours of existing ground, details of
terrain, and area drainage; •
26
• 3. Limiting dimensions, elevations or finish contours to be achieved by the grading,
and proposed drainage channels and related construction. In a Floodplain zone, information
concerning habitable floor elevations and flood protection designs shall be included;
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing,
dams and other protective devices to be construction with, or as a part of the proposed work,
together with a map showing the drainage area and the estimated runoff of the area served by any
drains;
5. Detailed plans for temporary (during construction) and/or permanent sediment and
pollution control facilities. The Building Official may require the inclusion of pollutant traps on
the plans and specifications to intercept pollutants draining from the project;
6. Detailed plans for temporary (during construction) and/or permanent sediment and
erosion control facilities;
7. Location of any buildings or structures on the property where the work is to be
• performed and the location of any buildings or structures or slopes on land of adjacent owners,
which are within fifteen (15) ft. of the property or which may be affected by the proposed grading
operations;
8. Any additional plans, drawings, calculations, environmental impact information,
or other reports required by the Building Official. If the grading project includes the movement
of earth material to or from the site, the Building Official may require a description of the haul
route to be submitted for approval.
E. Soil Engineering Report. The soil engineering report required by subsection (C) of
this section shall include data regarding the nature, distribution, strength consolidation
characteristics of existing soils, conclusions and recommendations for grading procedures, and
design criteria for corrective measures when necessary, and opinions and recommendations
covering adequacy of sites to be developed by the proposed grading. These listings shall not be
• interpreted to prevent the Building Official from requiring other information required to produce
a safe and stable condition.
27
Recommendations included in the report and approved by the Building Official shall be •
incorporated into the grading plans or specifications.
F. Engineering Geology Report. The engineering geology report required by
subsection (C) of this section shall include an adequate description of the geology of the site,
including necessary maps and illustrations showing geographic distribution of the features
described related to the proposed development, conclusions and recommendations regarding the
effect of geologic conditions on the proposed development, and opinions and recommendations
covering the adequacy of sites to be developed by the proposed grading.
Recommendations included in the report and approved by the Building Official shall be
incorporated into the grading plans and specifications.
G. Issuance. The provisions of Section 303 of the Administrative Code are applicable
to grading permits. The Building Official may require that grading operations and project designs
be modified to provide for erosion control, including erosion protection devices, if project
completion will extend into the rainy season (October 15th through May 15th) or if delays occur •
which incur weather - generated problems. The plans shall list specific dates for completion of
erosion control measures, and further subject to the provisions of Section 15.10.170.
H. Transport of Earth From or To the Project Site. All earth materials, which are
moved on public roadways from or to the site of an earth grading operation, the following
requirements shall apply;
1. Either water or dust palliative, or both, must be applied e„_ the alleviation or
pr-eventianto alleviate or prevent of excessive dust resulting from the loading, er tmnspertation 9f
°^-'' unloading, processing, or transportation of earth on -site or to and from the
project site on public roadways. This dust control shall be performed in a manner that contains
the dust control water on site and complies with the City of Newport Beach's MS4 Permit. The
permittee shall maintain all public right -of -ways used as haul routes free of debris and soil;
2. Loading and transportation of earth from or to the site is subject to the •
requirements of Section 10.28.040 of this Code;
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0
•
u
3. Access road to the premises shall be only at points designated on the approved
grading plan;
4. The last fifty (50) feet of the access road, as it approaches the intersection with the
public roadway, shall have a grade not to exceed three percent. There must be a 300 (three -
hundred) ft. clear, unobstructed sight distance to the intersection from both the public roadway
and access road. If the three hundred (300) feet sight distance cannot be obtained, the permittee
shall post flagmen as required for traffic safety;
5. A stop sign conforming to the requirements of Section 21400 of the California
Vehicle Code shall be posted at the entrance of the access road to the public roadway;
6. An advance warning sign must be posted on the public roadway four hundred
(400) feet on either side of an access intersection carrying the words "truck crossing." The sign
shall be a diamond shape, each side being thirty (30) inches in length, shall have a yellow
background, and the letters thereon shall be placed six (6) feet from the edge of the pavement and
the base of the sign shall be five (5) feet above the pavement level. The advance warning sign
shall be covered or removed when the access intersection is not in use.
Section 15.10.065 Drainage Permits. Amended.
Section 15.10.065 is amended to read as follows:
SECTION 15.10.065 Drainage Permits.
A. Where the Building Official determines that existing or proposed construction
may alter or has altered drainage conditions so as to create an adverse or dangerous condition, or
where existing drainage conditions result in an adverse or dangerous condition, he may require a
drainage permit to be obtained for the purpose of preventing or eliminating the adverse or
dangerous conditions and require corrective work to be accomplished. Such corrective work
shall be designed in a manner that will retain dry weather runoff and minor rain events within the
site consistent with the City's MS4 Permit unless otherwise approved by the Building Official;
E,
B. Application. The application shall be the same form as the grading permit, and •
shall state that the purpose is for drainage alterations;
C. Plans and Specifications. Plans may be required accurately showing the existing
conditions and proposed alterations in sufficient detail to make a determination concerning the
conformance to this Code of the proposed alterations. Inspection only may be required by the
Building Official where the alterations are of a minor nature;
D. Conditions. In granting any permit under this chapter, the Building Official may
attach such conditions thereto as may be reasonable and necessary to prevent danger to public or
private property or to prevent the operation from being conducted in a manner hazardous to life
or property or in a manner likely to create any unnecessary nuisance.
Section 15.10.120 Drainage and Terracing. Amended.
Section 15.10.120 is amended to read as follows:
SECTION 15.10.120 Drainage and Terracing. •
A. General. Unless otherwise indicated on the approved grading plan, drainage
facilities and terracing shall conform to the provision of this section;
B. Terrace. Terraces at least six feet in width shall be established at not more than
thirty (30) foot vertical intervals to control surface drainage and debris. Suitable access shall be
provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of six percent and must be
paved with reinforced concrete not less than three inches in thickness or an approved equal
paving. They shall have a minimum depth at the deepest point of eighteen (18) inches and a
minimum paved width of five feet.
A single run of swale or ditch shall not collect runoff from a tributary area exceeding
thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down
drain; •
30
• C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface
drainage as necessary for stability. Unless waived by the Building Official, all canyons shall be
provided with subsurface drainage. Material and methods used in subsurface drainage designs
shall be approved by the Building Official;
D. Disposal. All drainage facilities and grading shall be designed to earryas well as
contain concentrated and surface sheet flow waters from dry- weather run off and minor rain
events within the site, unless the Building Official determines it to be detrimental to structures
due to site constraints. Where the Building Official makes this determination, the Building
Official may charge the applicant a Runoff Impact Mitigation Fee to address the adverse impacts
from runoff elsewhere in the city. to the nearest praotical dfainage way approved by the Buildiiig
off;,. ;A1 ,,..aa.r other a .;.,.,.:.;..a:etio..., a safe ..lace to ae..esit sueh wale... All buried
pipe shall be constructed of corrosion- resistant material of SDR 35 or better. Buried pipe shall
be a minimum of 3 inches trade size unless approved by the Building Official. If drainage
• facilities discharge onto natural ground, riprap or conversion to sheet flow may be required in
order to contain as much of that water as possible within the site. Building pads shall have a
drainage gradient of two percent toward approved drainage facilities, unless waived by the
Building Official.
EXCEPTION. The gradient from the building pad may be one percent if all the
following conditions exist throughout the permit area:
a. No proposed fills are greater than ten feet in maximum depth;
b. No proposed finish cut or fill slope faces have a vertical height in excess of
ten feet;
C. No existing slope faces, which have a slope face steeper than ten
horizontally to one vertically, have a vertical height in excess of ten feet.
E. Drainage Standards. Drainage standards in non -hilly areas shall conform to the
• following minimum standards:
31
r 1
L
Section 15.10.130 is amended to read as follows:
SECTION 15.10.130 Erosion Control.
A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control
against erosion. This control may consist of effective planting. The protection for the slopes shall
be installed as soon as practical. The Building Official may require planting and irrigation
systems to be installed prior to rough grade approval, and such systems shall be installed prior to
final approval.
Slope irrigation for tracts may be required to be controlled by automatic systems equipped
with an override keyed to continuous soil moisture measurement devices; other projects may be
required to have such systems if adverse ground water conditions exist which may be worsened
by landscape irrigation where cut slopes are not subject to erosion due to the erosion - resistant
character of the materials. Such protection may be omitted if specifically waived by the Building •
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Commercial
Residential
1. Rough Grade
Minimum Gradient
a. Earth at rough grade stage
041_0%
1.0%
2. Finished Grade
a Earth
1.0%
2.0%
b. Asphalt pavement
(sheet flow)
1.0%
1.0%
C. Concrete
0.5%
0.5%
ed. Concrete drain in
earth area
0.5%
0.5%
de. Concrete gutter in
asphalt paved area.
0.2%
0.5%
•
Section 15.10.130 Erosion Control.
Amended
Section 15.10.130 is amended to read as follows:
SECTION 15.10.130 Erosion Control.
A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control
against erosion. This control may consist of effective planting. The protection for the slopes shall
be installed as soon as practical. The Building Official may require planting and irrigation
systems to be installed prior to rough grade approval, and such systems shall be installed prior to
final approval.
Slope irrigation for tracts may be required to be controlled by automatic systems equipped
with an override keyed to continuous soil moisture measurement devices; other projects may be
required to have such systems if adverse ground water conditions exist which may be worsened
by landscape irrigation where cut slopes are not subject to erosion due to the erosion - resistant
character of the materials. Such protection may be omitted if specifically waived by the Building •
32
• Official. Planting materials and maintenance schedules shall be approved by the Building
Official. To assure that cuts and fill slopes will be effectively planted, the preparation and
planting should be designed by an experienced landscape planner. Each bank should be planted
upon its completion and all planting must be maintained in growing condition for at least two
years or until accepted by the Building Official;
B. Pads. Pads should be prepared and maintained to control erosion in the same
manner as required for slopes. The Building Official may waive the requirement for planting on
pads when construction has commenced within ten days of the completion of the grading;
C. Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or
methods shall be employed to control erosion and provide safety; Absenes of speGific measures
en the plans shall be meempanied by a statem-m;t on the plems by the Building Offioial that none
D. Permanent desilting facilities may be required by the Building Official wheFe
undue siltation of Newpof4 Bay may • . shall be used whenever necessary to contain silt from
eroding off site;
E. Minimum size of temporary basins shall be established by the uniform soil loss
equation. If all weather cleanout capability in the basin is not provided, greater capacity will be
required;
F. Both sheet flow and concentrated flow areas shall be considered in design of
erosion control system. In addition, sediment control shall include provisions for both low flow
volume as well as intense rainfall conditions;
G. Erosion control shall be coordinated with sites contiguous to the permit area to
achieve effective control;
H. All erosion control measures shall be designed to retain water from dry- weather
run off and minor rain events within the site.
• Section 15.10.160 Alternate Methods. Amended.
33
Section 15.10.160 is amended to read as follows:
SECTION 15.10.160 Alternate Methods. The provisions of this chapter are not
intended to prevent the use of any material or method of construction not specifically prescribed,
provided any such alternate has been approved pursuant to this chapter.
The Building Official may approve any such alternate provided he finds that the proposed
design is satisfactory and complies with the provisions of this chapter and that the material,
method or work offered is for the purpose intended at least the equivalent of that prescribed in
this chapter in quality, strength, effectiveness, a»d safety, runoff containment, and erosion
control.
The Building Official shall require that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use.
Whenever there is insufficient evidence of compliance with the provisions of this chapter
0
or evidence that any material or any construction does not conform to the requirements of this
Code, or in order to substantiate claims for alternate material or methods of construction, the •
Building Official may require tests by an approved agency as proof of compliance to be made at
the expense of the owner or his agent.
Test methods shall be as specified by this chapter for the material in question. If there are
not appropriate test methods specified in this chapter, the Building Official shall approve the test
procedure. Copies of the results of all such tests shall be retained for a period of not less than two
years after the acceptance of the grading.
34
E
• SECTION 7. Chapter 15.15 of the Newport Beach Municipal Code is adopted to read:
Sections:
Chapter 15.15
REPORT OF RESIDENTIAL BUILDING RECORDS
15.10.040
Application. Amended
15.10.045
Inspection. Amended
15.10.050
Delivery of Report. Amended
15.10.065
Refunds /Cancellation Fees. Amended
15.10.066
Expiration of Report. Amended
15.10.040 Application. Amended.
• Section 15.10.040 Application is amended to read as follows:
15.10.040 Application. The report of residential building records shall be issued by the
City within thirty (30) days after the owner submits a completed application on the form
provided by the City and pays the fee established by resolution of the City Council. The owner
shall indicate on the application, if consent is given for an inspection andle minspeetion of the
residential building. If consent is not given by the owner for inspection and/or reinspeetieFt of
the residential building, the report shall indicate the owner refused to consent to the inspection eF
reinspeetion.
15.15.045 Inspection. Amended
Section 15.15.045 is hereby amended to read as follows:
15.15.045 Inspection. If the ^° ner ee ;;s °, Upon written consent of the property
owner, the City shall cause a physical inspection of the residential building after research of the
city records is completed. and `hall inelud° : The report of residential building records shall
. include evidence of building permit or zoning Code violations observed during the inspection,
35
the and correction of those violations as determined by any reinspections of the property. and •
any failuEe o re fias.1 ..f ..weer to .. .....:t a vet:.... ....A the a yetis.. ..f those violations ..
........... owner ..�. Yom........ rv�irrp���.,... .............,.....,........... ......,� ...,......,........
detefmined by reinspeetion, if any.
15.15.050 Delivery of Report. Amended
Section 15.15.050 is hereby amended to read as follows:
15.15.050 Delivery of Report. If the owner refuses to consent to an inspection, a copy of
the application noting such refusal shall be delivered by the owner to the other parties or party to
the agreement within three days of filing the application with the City.
The completed report of residential building records shall be delivered by the owner -0r his
representative to all other the ether- party or parties to the agreement of sale prior to the
completion of the transaction. It is the responsibility of the property owner to insure that Tthe
other party or parties to the agreement of sale shall execute the acknowledgment of receipt on the
report of residential building records and file it vAigh shall he filed with the City within thirty
(30) days after completion of the transaction. The filed report shall be proof of compliance with •
the provisions of this chapter.
15.15.065 Refunds/Cancellation Fees. Amended.
Section 15.15.065 is hereby amended to read as follows:
15.15.065 Refunds/Cancellation Fees.
A. City shall refund the fee accompanying an application for a report of residential
building records if a written request for refund is made prior to staff review of City records
necessary to prepare the report. An administrative charge of twenty (20) percent of the
application fee shall be withheld from any refund granted pursuant to this section. No refunds
will be made for a residential building report after the staff review or physical that has had a
prepeA-y- inspection of the property pursuant to Section 20.03.045 of this Code;
B. Owner shall pay an inspection or reinspection cancellation fee in the amount
established by resolution of the City Council. This fee shall be charged when an inspection or •
36
• reinspection appointment is made with the owner and the owner fails to appear at the time of the
•
inspection or cancels the appointment.
15.15.066 Expiration of Report. Added.
Section 15.15.066 is hereby added to read as follows:
15.15.066 Expiration of Report. Report of Residential Building Records shall expire
one (1) year from the date of its issuance and may not be extended. No refund shall be made
when the report is allowed to expire. Any outstanding violations at the time of expiration shall
be followed until resolved by appropriate means.
37
SECTION 8. Chapter 15.50 of the Newport Beach Municipal Code is amended to read: •
Chapter 15.50
FLOOD DAMAGE PREVENTION
Sections:
15.50.050 Definitions. Amended.
13.50.130 Establishment of Pe*elepmefit De.fmit. Deleted.
15.50.130 Designation of the Floodplain Administrator. Renumbered.
15.50.150 Pe i remedial Action. Deleted
15.50.140 Use of Other Base Flood Data. Renumbered and amended.
13.30.130 Pefinit Review and Refaedial Aetien. Deleted.
15.50.150 Documentation of Floodplain Development. Renumbered and
amended.
15.50.160 Alteration of Watercourses. Renumbered. •
15.50.170 Map Determinations. Renumbered and amended.
15.50.180 Appeals and Variance Procedure. Renumbered and amended.
15.50.190 Conditions for Variances. Renumbered and amended.
15.50.200 Standards of Construction. Renumbered and amended.
15.50.210 Standards for Utilities. Renumbered.
15.50.220 Standards for Subdivisions. Renumbered and amended.
15.50.230 Coastal High Hazard Areas. Renumbered and amended.
15.50.240 Mudslide Prone Areas. Renumbered and amended.
15.50.250 Flood- Related Erosion -Prone Areas. Renumbered and amended.
Section 15.04.050 Definitions. Amended.
Section 15.03.050 is amended to read as follows:
SECTION 15.50.050 Definitions. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
"Addition" means any additional building square footage added to the lot. •
38
• "Addition cost" means the "addition" square footage multiplied by the cost per foot
average as determined by the Building Official.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance
rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood - related erosion hazard" is the land within a community which
is most likely to be subject to sever flood- related erosion losses. The area may be designated as
Zone E on the flood insurance rate map (FIRM).
"Area of special flood hazard." See "Special flood hazard area."
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe
• mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance rate map
( i' v
"Base flood" means a flood, which has a one percent chance of being ogaa4edeequaled or
exceeded in any given year (also called the "100 -year flood "). Base flood is the term used
through this chapter.
"Basement" means any area of the building having its floor subgrade, i.e., below ground
level on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
which is not part of the structural support of the building and which is designed to break away
under abnormally high tides or wave action without causing damage to the structural integrity of
the building on which they are used or any buildings to which they might be carried by flood
• waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and
39
no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a •
registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base flood.
"Building." See "Structure."
"Coastal high hazard area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other area
subject to high velocity wave action from storms or seismic sources. It is an area subject to high
velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a
flood insurance rate map (FIRM) as Zone V! V30, VE, or V.
"Current value of the structure" means the existing structure square footage multiplied
by the cost per foot average as determined by the Building Official.
•
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
"Existing manufactured home park or subdivision" means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
"Flood,
•
flooding, or flood water" means:
40
• 1. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and/or mudslides; and
2. The condition resulting from flood - related erosion.
"Flood boundary and floodway map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated the areas of
flood hazards.
"Flood insurance rate map (FD2M)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
• areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood insurance rate map, the flood boundary and
floodway map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated
by water from any source. See "Flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
• subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
41
flood -prone areas. This term describes federal, state or local regulations in any combination is
thereof, which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents.
" F000dway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot. Also referred to as a "regulatory floodway."
"Fraud and victimization" as related to Section 15.50.248190, variances, of this
chapter, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the City of Newport Beach will consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the community for
fifty to one - hundred years. Buildings that are permitted to be constructed below the base flood
elevation are subject during all those years to increased risk of damage from floods, while future •
owners of the property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition, future owners may
purchase the property, unaware that it is subject to potential flood damage, and can be incurred
only at very high flood insurance rates.
"Functionally dependent use" means a use, which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long -term storage or related
manufacturing facilities.
"Governing body" is the local governing unit, i.e., county or municipality that is
empowered to adopt and implement regulations to provide for the public health, safety and
general welfare of its citizenry.
42
•
• "Hardship" as related to Section 15.50.24$190, variances, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance. The City of
Newport Beach requires that the variance be exceptional, unusual, and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more
expense, or requires the property owner to build elsewhere or put the parcel to a slightly different
use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is
1. Listed individually in the National Register of Historic Places (a listing
• maintained by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in states
with approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
• An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area (see "Basement ") is not considered a building's
43
lowest floor, provided that such enclosure is not built so as to render the structure in violation of •
the applicable nonelevation design requirements of this chapter. (Note: This definition allows
garages serving one or two dwelling units to be built at grade. Below grade garages serving one
or two dwelling units are not allowed as they are considered to be basements.)
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home' does not include a
"recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purpose of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's flood insurance rate map are referenced.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or •
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush
cover and the subsequent accumulation of water on the ground, preceded by a period of
unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
"New construction" for floodplain management purposes, means structures for which
the "start of construction" commenced on or after the effective date of Floodplain management
regulations adopted by this community, and includes any subsequent improvements to such
structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the •
44
• construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building,
wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
"One- hundred -year flood" or "100 -year flood." See 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major coastal
storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct
• change from a relatively mild slope.
"Principal structure" means a structure used for the principal use of the property as
distinguished from an accessory use.
"Public safety and nuisance" as related to Section 15.50.24$ 190, variances, of this
chapter means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of persons,
or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle, which is
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
• 3. Designed to be self - propelled or permanently towable by a light -duty truck; and
45
4. Designed primarily not for use as a permanent dwelling but as temporary living •
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
"Remodel" means any reconstruction, rehabilitation or renovation of an existing structure
whereby no additional floor area is added to an existing structure.
"Remodel cost" means the cost of the remodel as determined by the Building Official.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area." See "Area of shallow flooding."
"Special flood hazard area (SHFA)" means an area having special flood, mudslide
(i.e., mudflow) or flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A,
AO, A30, AE, A99, AH, E, " " `^0, VE or V. •
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was
within one hundred eighty (180) days of the permit. The actual start means either the first
placement or permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a "substantial improvement ", the actual start of construction means
•
46
. the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means any damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition (see "remodel cost ") would
equal or exceed fifty (50) percent of the maAet valme "current value of the structure" before the
damage occurred.
"Substantial improvement" means any new construction,
urrssrfssusrt seers: RSrey�esaesT rs�ret+ arcrn�t► ew+ n: e� +rrss�sr.+rs�sn- �s+�esss�een��
congfniction" of the impro °-� «where the "remodel cost" plus the "addition cost" is at least
fifty (50) percent of the "current value of the structure ". This term includes structures, which
• have incurred "substantial damage," regardless of the actual repair work performed. However,
tT-he term does not, =ho veve-r include Pithe :
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 the local code
enforcement official 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."
"V zone." See "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter, which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various
• magnitudes and frequencies in the floodplains of coastal or riverine areas.
47
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other •
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
SECTION 15.50.130 is deleted.
W191 -WIVE a
flood hazards
in
Section
1-5.50.070.
n .alien F
iron any area
deVelOPMORt
of speeial
bO �9F_M_q_
established
f4am-kAed
by
the City
ppli
Manager his designate
PeFffllit
ShHll Made SH
inelude but be
limited
to:
in duplisate
of:
d-Fay.,n teseale she,�,;�
representative and
location,
may
not
dimension
plans
in
the .— niu-e,
trivtir fill,
and elevations
drainage
of the area
f
ti
quest-an;
existing or p-opesed
the
$ @,— —
gp ei fiGl1.. the
$tervg8
F..11...,.ing
of materials,
ifi fee natian is
required;
a . @S;
.
Eati.r of
W191 -WIVE a
Section 15.50.140 Designation of the Floodplain Administrator. Renumbered.
Section 15.50.140 is renumbered as follows: •
48
i..
•
y.
Section 15.50.140 Designation of the Floodplain Administrator. Renumbered.
Section 15.50.140 is renumbered as follows: •
48
• SECTION 15.50.140130 Designation of the Floodplain Administrator. The City
Manager or his designated representative is hereby appointed to administer and implement and
enforce this chapter by granting or denying development permit applications in accordance with
its provisions.
SECTION 15.50.150 is deleted.
not adversely affe,.r__t6e_ oapaeky of ..l.e base flood elevations have been areas
• detefHfri=ed bUt &ter has ..,.t been designated. For puFpeses of this chapter, "adyersel)
effeeP" that the e,......i,a:..e effect of the
development oe.. broad witl, ell
ffiwa s
de..el9pfneat
preposed when
increase the of the
ell-OF G*iSting and ant:e:..eted will
Good more thafi eiie feet at any point.
i Review development :ts
water- siffaEe eleyatien
in the of the 9£
high hazard
all
flood hazard te deteFmine if
eeastal area area
develepment dunes to inefease
speeial the propesed
de..ele..«.e..♦ .. ..mAs
5. RA;ieW
alteFs sand so as
to Bete.-mine ..,teethe..proposed build:.... sites
all
will be fease...,/.1y safe ft em flood:..,.
to d 1 No....
a e astiea o ro=. eay �a� =���:
of this Me..te..
Section 15.50.160 Use of Other Base Flood Data. Renumbered and amended.
Section 15.50.160 is renumbered and amended to read as follows:
• SECTION 15.50.160140 Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 15.50.070, basis for establishing the areas
49
of special flood hazard, the Floodplain Administrator or his designated representative shall •
obtain, review and reasonably utilize any base flood elevation data available from a federal, state
or other source, in order to administer Sections 15.50.220200 through 15.50.27$250.
Section 15.50.170 Documentation of Floodplain Development. Renumbered and
amended.
Section 15.50.170 is renumbered and amended to read as follows:
SECTION 15.50.1-70150 Documentation of Floodplain Development. The
Floodplain Administrator shall obtain and maintain for public inspection and make available as
needed:
1. The certification required in Section 15.50."^(�200(3)(A)(V1;
2. The certification required in Section 15.50.220200(C4(23 B (elevation or
floodproofing of nonresidential structures);
3. The certified elevation required in Section 15.50.240220(2) (subdivision
standards). •
Section 15.50.180 Alteration of Watercourses. Renumbered.
shall:
Section 15.50.180 is renumbered as follows:
SECTION 15.50.80160 Alteration of Watercourses. The Floodplain Administrator
1. Notify adjacent communities and the Department of Water Resources of the State
of California prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration, Federal Emergency Management Agency;
2. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
Section 15.50.190 Map Determinations. Renumbered and amended.
Section 15.50.190 is renumbered and amended to read as follows:
SECTION 15.50.490170 Map Determinations. The Floodplain Administrator shall •
make interpretations where needed, as to the exact location of the boundaries of the area of
50
• special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation as provided in Section
15.50.200180.
Section 15.50.200 Appeals and Variance Procedure. Renumbered and amended
Section 15.50.200 is renumbered and amended to read as follows:
SECTION 15.50.300180 Appeals and Variance Procedure.
1. 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 or
his designated representative, in the enforcement or administration of this chapter;
2. 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:
• aA. The danger that materials may be swept onto other lands to the injury of
others;
bB. The danger to life and property due to flooding or erosion damage;
r,C. 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;
dD. The importance of the services provided by the proposed facility to the
community;
®E. The necessity to the facility of a waterfront location, where applicable;
fF. The availability of alternative locations, for the proposed use, which are
not subject to flooding or erosion damage;
g_G. The compatibility of the proposed use with existing and anticipated
development;
• bH. The relationship of the proposed use to the comprehensive plan and
Floodplain management program of that area;
51
J. The safety of access to the property in times of flood for ordinary and •
emergency vehicles;
,}I. 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
W. 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.
3. 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
Section 15.50.299180(2) have been fully considered. As lot size increases beyond one -half acre,
the technical justification required for issuing the variance increases;
4. Upon consideration of the factors of Section 15.50.299180(2) 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;
5. Those aggrieved by the decision of the Planning Commission, may appeal such
decision to the City Council as provided in Title 20 of the Newport Beach Municipal Code;
6. The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration in the biennial report.
Section 15.50.210 Conditions for Variances. Renumbered and amended
Section 15.50.210 is renumbered and amended to read as follows:
SECTION 15.50. -M190 Conditions for Variances.
1. Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed in the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this section;
2. Variances shall not be issued within any designated floodway if any increase in •
flood levels during the base flood discharge would result;
52
• 3. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief;
4. Variances shall only be issued upon:
i•A. A showing of good and sufficient cause;
4B. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
i4C. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on, or victimization of, the public, or conflict with existing local
laws or ordinances.
5. Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use provided that
the structure or other development is protected by methods that minimize flood damages during
• the base flood and create no additional threats to public safety;
b. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the regulatory flood
elevation and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced flood lowest flood elevation. A copy of the notice shall be recorded by
the Floodplain Board in the office of the Orange County Recorder and shall be recorded in a
manner so that it appears in chain of title of the affected parcel of land.
Section 15.50.220 Standards of Construction. Renumbered and amended.
Section 15.50.220 is renumbered and amended to read as follows:
SECTION 15.50.330200 Standards of Construction. In all areas of special flood
hazards, all "substantial improvements ", including the new eenstfuction and all existing
construction, shall meet the following standards:
• Al. Anchoring.
53
i. All nem.,enst uetien and substantial . mps ; eme nt sh :'1 be adequate'. adequate •
aneher,ed anchoring to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
92. Construction Materials and Methods. All new canstmefien And
4-A. With materials and utility equipment resistant to flood damage;
2B. Using methods and practices that minimize flood damage;
3C. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding; and
4D. With zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed structures.
E3. Elevation and tloodprooriing. (See Seetion 15.50-9-59 Fe_ dyt fi itia;,,, of " °e•° •
eenstmetion,"— "substantial - daipage" .—n`.' "substantial iar pfe
4-A. Residential Construction Ae`iden~ei eenst etien fiew or substantial
imprevement; shall have the lowest floor, including basement;
al. In an AO zone, elevated above the highest adjacent grade to a
height equal to or exceeding the depth number specified in feet on the FIRM, or
elevated at least two feet above the highest grade if no depth number is specified;
blI. In an AO zone, elevated to or above the base flood elevation, as
determined by the City of Newport Beach;
eIII. In all other zones, elevated to or above the base flood elevation
(6.27' MSL (min) 15.50.070).
IV. A„ ....t'..,d:..n and substantial imprevements with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely •
for parking of vehicles, building access or storage, and which are subject to
54
• flooding, shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwater. Designs for
meeting this requirement must exceed the following minimum criteria:
a. Be certified by a registered professional engineer or
architect to comply with a local floodproofing standard approved by the
Federal Insurance Administration, Federal Emergency Management
Agency; or
b. Have a minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the automatic entry
and exit of floodwater.
• V. Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer or
surveyor, and verified by the community building inspector to be properly
elevated. Such certification or verification shall be provided to the Floodplain
Administrator.
2B. Nonresidential Construction. Nonresidential construction shall either be
elevated to conform with subsection (C4(43)(A) or together with attendant utility and
sanitary facilities:
4. Be floodproofed below the elevation recommended under
subsection (G44{31 (A) so that the structure is watertight with walls substantially
impermeable to the passage of water;
bII. Have structural components capable of resisting hydrostatic and
• hydrodynamic loads and effects of buoyancy; and
55
cIR. Be certified by a registered professional engineer or architect that •
the standards of this section are satisfied. Such certification shall be submitted to
the Floodplain Administrator.
3C. Manufactured Homes.
Manufactured homes that are placed or substantially improved,
within zones A! Zn AU and AE an the a «:t.; ., fl° °a : ....t° fRap
shall be elevated to or above the base flood elevation and be securely anchored to
an adeauatelv anchored foundation system to resist flotation. collapse and lateral
movement. 9 lesated
ilb. Ina newstar$d home paFk or
semen, e
dOn ,. site upen ...h:..h a nufaet..red h.....° h..,. ... °.1 •
11
damage" the It
t....
fl....d ..hall be
substanti$1 as
the base fleed elevation and
ef a elevated above
be seeerely aneheFed to an adequately
....h.... °.1 f....nd ti.... .stew., te
....11......°
later-at
ist fl..t..ti.... later-at
fne"Cemenxt.
, and e
on sites leeat °a within zones Vi Qn V and �7R-, an the community's flood
56
4D. Recreational Vehicles.
All recreational vehicles shallalaeed an sites within zones Ar99, 'ter And
AE on the e.... munity '6rFliv'ofa--insu'raftee rate Fnapwill i ief:
aI. Be on the site for fewer than one hundred eighty (180) consecutive
days;
bII. Be fully licensed and ready for highway use; a recreational vehicle
• is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
EIII. Meet the permit requirements of Section 15.50.4 -39 200(C) of this
chapter.
bii. Recreation vehicles plaGod on sites within zones All 40 y d VE
nil the community's t400d insurance rate Faap shall .eet the requirements .,f
paFagraph (4)(a) and Seetion 15.50.240-
4. Required submittals. Before construction begins within any area of special
flood hazards established in Section 15.50.070, application for a building permit shall be made
pursuant to the Uniform Administrative Code adopted in Newport Beach Municipal Code
Section 15.02.010. In addition to submittals required by the Uniform Administrative Code
• drawings shall show the nature, location dimensions and elevations of each structure; existing
and proposed grades and drainage facilities Specifically, the following information is required:
57
A. Proposed elevation as determined by a licensed land surveyor or •
registered civil engineer, of the lowest floor (including, basement) of all structures;
B. Proposed elevation in relation to mean sea level to which any structure
will be floodproofed;
C All appropriate certifications listed in Section 15.50.180150 of this
chapter;
D. Description of the extent to which any watercourse will be altered or
relocated as a result of the proposed development;
E. Plans for any walls to be used to enclose space below the base flood levels.
Section 15.50.230 Standards for Utilities. Renumbered.
Section 15.50.230 is renumbered as follows:
SECTION 15.50.330210 Standards for Utilities.
1. All new and replacement electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities shall be designed and/or located so as to •
prevent water from entering or accumulating within the components during conditions of
flooding;
2. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems into flood
waters;
3. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Section 15.50.240 Standards for Subdivisions. Renumbered and Amended.
Section 15.50.240 is renumbered and amended to read as follows:
SECTION 15.50.340220 Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and
elevation of the base flood;
58
•
• 2. All final 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;
3. All subdivision proposals shall be consistent with the need to minimize flood
damage;
4. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electric and water systems located and constructed to minimize flood damage;
5. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards;
6. A develonment nermit shall be obtained before construction or development
beeins on a subdivision within anv 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 his designated representative and shall include but not be limited to: plans in
• duplicate drawn to scale showing the nature, location, dimensions, and elevations of each
structure within the subdivision; existing and proposed grades, and drainage facilities.
Specifically, the following information is required;
A. Proposed elevation, as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement) of all structures;_iir
Zone An or vn ere,... ion E)f the hi st adiaGent Rfade and i3rapose"evatiop of lowest
1409F Of all
B. Proposed elevation in relation to mean sea level to which any structure
will be floodproofed;
C. All appropriate certifications listed in Section 15.50.490150 of this
chapter;
D. Description of the extent to which any watercourse will be altered or
• relocated as a result of the proposed development;
59
and
E. Plans for any walls to be used to enclose space below the base flood level; •
F. 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.
7. The Floodvlain Administrator shall:
A. Review all development permits to determine that the permit requirements
of this chapter have been satisfied;
B. Review the developer's certification that all other required state and federal
permits have been obtained;
C. 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. For purposes of
this chapter, "adversely affect" means that the cumulative effect of the proposed •
development when combined with all other existing and anticipated development will
increase the water surface elevation of the base flood more than one foot at any point;
D. Review all development permits in the coastal high hazard area of the area
of special flood hazard to determine if the proposed development alters sand dunes so as
to increase potential flood damage;
E. Review all development permits to determine whether proposed building
sites will be reasonably safe from flooding;
F. Take action to remedy violations of this chapter.
Section 15.50.250 Coastal High Hazard Areas. Renumbered and amended.
Section 15.50.250 is renumbered and amended to read as follows:
SECTION 15.50.3-50230 Coastal High Hazard Area. Within coastal high hazard areas
as established under Section 15.50.070 the following standards shall apply. •
M
• X41. All new on ^ ^a "substantial improvements ", including new ennOnwtion
aR4 all existing construction, shall be elevated on adequately anchored pilings or columns and
securely anchored to such pilings or columns so that the lowest horizontal portion of the
structural members of the lowest floor (excluding the pilings and columns) is elevated to or
above the base flood level. The pile of column foundation and structure attached thereto is
anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be those required by the ilnifgma
California Building Code;
42. All new construction and other development shall be located on the landward side
of the reach of mean high tide;
E3. All new eenstfuefien an "substantial improvements ", including new constmetion
aPA all existing construction, shall have the space below the lowest floor free of obstructions or
• constructed with breakaway was as defined in Section 15.50.050 of this chapter. Such enclosed
space shall not be used for human habitation and will be usable solely for parking of vehicles,
building access and storage;
D4. Fill shall not be used for structural support of buildings.
R5. Manmade alteration of sand dunes which would increase potential flood damage
is prohibited;
F6. The Floodplain Administrator shall obtain and maintain the following records:
1A. Certification by a registered engineer or land surveyor that a proposed
structure complies with Section 15.501 230(A);
2B. The elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings or columns) of all new and
substantially improved structures, and whether such structures contain a basement.
• Section 15.50.260 Mudslide Prone Areas. Renumbered and amended.
Section 15.50.260 is renumbered and amended to read as follows:
61
SECTION 15.50.360240 Mudslide Prone Areas. •
Al. The Floodplain Administrator shall review permits for proposed construction of
etherand development to determine if it is proposed within a mudslide area;
E2. Permits shall be reviewed to determine that the proposed site and improvement
will be reasonably safe from mudslide hazards. Factors to be considered in making this
determination include but are not limited to the:
4-A. Type and quality of soils;
3B. Evidence of ground water or surface water problems;
3C. Depth and quality of any fill;
4D. Overall slope of the site; and
3E. Weight that any proposed development will impose on the slope.
Q. Within areas, which may have mudslide hazards, the Floodplain Administrator
shall require that:
4A. A site investigation and further review be made by persons qualified in •
geology and soils engineering;
2B. The proposed grading, excavation, new construction, and substantial
improvement be adequately designed and protected against mudslide damages;
3C. The proposed grading, excavations, new construction, and substantial
improvement not aggravate the existing hazard by creating either on -site or off -site
disturbances; and
4D. Drainage, planting, watering, and maintenance not endanger slope
stability.
Section 15.50.270 Flood- Related Erosion -Prone Areas. Renumbered and amended
Section 15.50.270 is renumbered and amended to read as follows:
SECTION 15.50.3'0250 Flood- Related Erosion -Prone Areas.
Al. The Floodplain Administrator shall require permits for proposed construction and •
other development within all flood - related erosion -prone areas as known to the community.
62
• 42. Permit applications shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood- related erosion and will not
cause flood - related erosion hazards or otherwise aggravate the existing hazard;
Q. If a proposed improvement is found to be in the path of flood - related erosion or
would increase the erosion hazard, such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion hazard;
134. Within zone E on the flood insurance rate map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer
consisting of a natural vegetative or contour strip. This buffer shall be designated according to
the flood - related erosion hazard and erosion rate, in relation to the anticipated "useful life" of
structures, and depending upon the geologic, hydrologic, topographic, and climatic
characteristics of the land. The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using
• temporary and portable structures only.
63
SECTION 9. Amendment to Section 15.60 of the Newport Beach Municipal Code. •
Sections:
Chapter 15.60
CONSTRUCTION SITE CLEANUP
15.60.010 Site Cleanup — Purpose. Amended.
15 0.020 Ameunt of Deposit. Deleted.
15.60.020 Notice. Renumbered and amended.
13.60.030 Type of Pepasit. Deleted.
15.60.030 Action by City. Renumbered and amended.
15.60.040 Appeal to City Council. Renumbered.
15 .6.060 Refund 4Pepesit: Deleted.
u
Section 15.60.010 Site Cleanup Fee — Purpose. Amended.
Section 15.60.010 is amended to read as follows:
SECTION 15.60.010 Site Cleanup Fee — Purpose. Pr
This site _.camp deposit is into idea :To ensure the removal of construction and demolition
debris from construction sites and public property adjoining the construction sites to ensef that
in ,
a to ensure that inspectiens am requested at the appropriate time, thereby ensuring the health,
safety and welfare of the citizens of the City of Newport Beach.
SECTION 15.60.020 is deleted.
c •'en 15 60 030 AM-a -unt- of Deposit The ° " r deposit , shall
proposed •
0
• aeeer -dance with the extent of the grading to be up efta :en piierzv �st: iee ie .. The Building
Official shall have the diseretien to eheew the site eleanup deposit f:em ^ e but get beth, of the
schedules given due regard to the ement of the pi:epesed gmding and seRstnietion. T- h:Tsiro
cleanup deposit sohedules a as set fefth in tho City f`... nail fee ..esebati on
SECTION 15.60.030 is deleted.
Section 15.60.040 Notice. Renumbered and amended.
Section 15.60.040 is renumbered and amended to read as follows:
SECTION 15.60.040 020 Notice. Written notice shall be given to the
applicant/permittee when any of the following conditions exist:
1. When, in the opinion of the Building Official of any building inspector, there is an
• unnecessary or excessive accumulation of construction debris or material on or off site;
2. When, in the opinion of the Building Official er— any building inspeetor, the
appliGant�peflllittOe has failed to proper!), install and maintain emSiGn Gentrel deViGOS SUC
desilting basins;
32. When, in the opinion of the Building Official , material
or debris relating to the construction or grading constitutes a threat or danger to the health, safety
or welfare of any person; or
n . When, in the epinien of the Build:. Oa. et or any building inspeeter,
«,s..,.,4ion or ..,.,zing is iH iole.:ep of a efdi..e..,.e of the n:.., of Newpe., aee,.t.
is in vielation of any of the eenditions imposed by the City at the fifne of the appy-eval of
the Pennit•
Such written notice shall be deemed to have been given to the applicant/permittee when
written notice is posted at the construction site. Such notice shall describe the action to be taken
• by the applicant/permittee and the period of time within which that action must be taken.
65
Section 15.60.050 Action by City. Renumbered and amended. •
Section 15.60.050 is renumbered and amended to read as follows:
SECTION 15.60.050030 Action by City. In the event that the applicant>permittee
fails to take action in accordance with the provisions of Section 15.60.040 020, i1cx�e City aFr
Newpart Beaeh er its agents or emplayees at its option may enter the eonstruefien or- gr-ading-site
and take the aefien Fequir-ed of the eantraoter pursuant to the previsions Af Seet-ion 15-60.040.
The actual expense ineurfed by Gii), as a result of taking this action shall be dedueted &9m the
eash deposit and aid a W the City, »a .l,e refnaiRdeF, if any, Fetumed to the,
....liean pemaittee at sue6 time as the f4nal diseretionary ae fieq is taken by the Building 9FF:AW
in the event the cost ef t-4e action taken by the Gity exceeds the a-Pount of the deposit, A,@
the .. eet ..hall be steppe j until Bush .:...e a Additional s is ..le..ed in deposit b) ♦l.e
. the Building Official may issue a stop
work order pursuant to Section 202.4 of the Uniform Administrative Code. The Building
Official may also issue administrative citations to enforce removal of such debris. •
SECTION 15.60.060 is deleted.
Section 15.60.070 Appeal to City Council. Renumbered.
SECTION 15.60.070 is renumbered as follows:
Section 15.60.070 040 Appeal to City Council. The City Council shall have the
power to hear and decide appeals based on the enforcement or interpretation of the provisions of
this chapter. •
66
■
Section 15.60.070 Appeal to City Council. Renumbered.
SECTION 15.60.070 is renumbered as follows:
Section 15.60.070 040 Appeal to City Council. The City Council shall have the
power to hear and decide appeals based on the enforcement or interpretation of the provisions of
this chapter. •
66
• SECTION 10. That 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 11. This Ordinance shall be published once in the official newspaper of the
City and the same shall be effective November 1, 2002.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the day of . 2002, and was adopted on
the _ day of 2002, by the following vote to wit:
is AYES, COUNCIL MEMBERS
•
67
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ATTEST:
City Clerk
Codesldnftcodm md2002
68
MAYOR
is
•
o4 �E`x'�grm CITY OF NEWPORT BEACH Hearing Date:
j� BUILDING DEPARTMENT Agenda Item No.:
• U 3300 NEWPORT BOULEVARD Staff Person:
C'(fOMN`P
NEWPORT BEACH, CA 92658
•
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Adoption of the 2002 Newport Beach Building Codes
SUMMARY
September 10, 2002
17
Jay Elbettar
(949) 644 -3282
Supplemental Report
Attached are the draft minutes of the Building Code Board of Appeals, dated August 29, 2002,
pertaining to the adoption of the 2002 Newport Beach Building Codes.
Respectfully submitted by:
JAY ELBETTAR
Building Director
Prepared by:
MONIKA GOODWIN
Recording Secretary to the Building Code Board
of Appeals
Attachments: Building Code Board of Appeals draft minutes, dated August 29, 2002
5tsffiept s pplm 9-10-02
•
CITY OF NEWPORT BEACH
Building Code Board of Appeals Minutes
August 29, 2002
Regular Meeting - 2:00 p.m.
INDEX
•
ROLL CALL
Present: Board Members Crall, Liske, Root, Jeannette, Cranston.
Excused: Board members Yant Luehrs.
STAFF PRESENT:
Jay Elbettar, Building Director
Faisal Jurdi, Deputy Building Director
Steve Hook, Chief Building Inspector
Dennis Lockard, Fire Marshall
Monika Goodwin; Administrative Assistant
MINUTES OF JULY 16, 2002
Minutes
Motion was made by Board member Uske to approve the
minutes. The Motion was approved by acclamation, as written, the
•
July 16, 2002, Building Code Board of Appeals Minutes.
PUBLIC COMMENTS: None
Public Comments
POSTING OF THE AGENDA:
Posting of the
Agenda
The Building Code Board of Appeals Agenda was posted on Friday, August
23, 2002, outside of City Hall.
OLD BUSINESS: - None
Old Business
NEW BUSINESS:
New Business
ITEM 1: Adoption of the 2001 Newport Beach Building Codes
Adoption of the 2001
Newport Beach
Chairman Root read the staff report's background for the adoption of the
Building Codes
2002 Newport Beach Building Codes and Fires Codes.
Recommended
Building Director Elbettar stated that the proposed adoption of Newport
adoption of
Beach building codes included building, plumbing, mechanical and fire
proposed building •
codes as well. He pointed out the presentation with the first portion
code to the City
• City of Newport Beach
Building Code Board of Appeals
August 29, 2002
covering the changes the Building Department proposes to the Municipal Council
Code and the adoption of the model codes with amendments. The
second portion of the presentation covered the proposed Fire Code
amendments by the Fire Department, presented by Fire Marshall Dennis
Lockard, who was present. He explained these two ordinances were
scheduled to go before the City Council on September 10, 2002, for the first
reading. The first ordinance was the proposed adoption of the building,
mechanical, plumbing, electrical codes, and some amendments to the
Municipal Code relating to Chapter 15. The second ordinance would be
the adoption of the California Fire Code and related amendments.
He proceeded with the power point presentation that would explain the
adoption process and included a summary of the proposed changes and
amendments. He noted that this code adoption process happened every
three years and that all present board members were present for the
previous adoption in 1999. this adoption would be effective November 1,
2002, 63 days from today. If the City failed to adopt, then the State Code
would go into effect by default without our amendments. Staff proposed
to adopt the 2001 California Building Code based on the 1997 UBC
published by ICBO, the 2001 California Plumbing Code based on the 2000
Uniform Plumbing Code, published by IAPMO and the 2001 California
• Mechanical Code based on the 2000 Edition of the Uniform Mechanical
Code, published by IAPMO, the 2001 California Electrical Code based on
the 1999 Edition of the National Electrical Code, published by the National
Fire Protection Association, and the 2001 California Fire Code, based on the
2000 Edition of the Uniform Fire Code, published by the Western Fire Chiefs
Association.
He explained that some amendments would be to the Building Code due
to this adoption. This edition of the Uniform Building Code was the same
edition that was adopted by the City three years ago. The State of
California chose to re -adopt the some edition and not the newer edition of
the model code, identified as the 2000 International Building Code. He
pointed out the benefit of the IBC was one code volume versus the UBC's
three volumes. The State of California chose for many reasons to stay with
the 1997 code. The reason to adopt new codes every three years was
because new building technology should be employed as learned from
disasters or other manmade events. New buildings laws are introduced to
improve our buildings for safety and habitability. About three years are
required to develop a code, therefore re- adopting the 1997 Code meant
working with 94/95 building codes. Unfortunately, the State chose to do so.
The local codes would be effective November 1, 2002. Amendments to
these model codes must be justified under one of the following reasons
published by the Building Standards Commission: under local geographic,
topographic or climatic conditions with findings and justifications for the
• amendments.
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City of Newport Beach
Building Code Board of Appeals •
August 29, 2002 INDEX
Mr. Elbeffar explained the timeline of the code adoption and summary of
changes. The law required adoption of the code within 180 days after
publication. He noted some changes relating to steel construction and
seismic provisions. He repeated that the 1997 Code was outdated and that
most, if not all, of the lessons learned from the Northridge earthquake were
not implemented in the 1997 Code because the code was developed
three years before the earthquake. He explained that if the 1997 Code
were to be adopted today without any changes, no advantage would be
taken of the lessons learned from that earthquake. Therefore, staff
proposed some changes to be consistent with the American Institute of
Steel Construction Seismic Supplement, published November 2000. These
are changes the State of California also made because agencies realized
that the 1997 Code was outdated; specifically regarding steel construction
for State buildings, schools, hospitals, etc. He mentioned additional
proposed Municipal Code changes, such as to the Grading and
Excavation Code, the Residential Building Report Chapter, the Flood
Damage Prevention Chapter, and the Construction Site Cleanup Chapter.
Mr. Elbettar mentioned that the City joined the Orange County uniformity
program that came about through a committee appointed by the
Chapter of ICBO to study these changes. He mentioned that he was the
chairman of the committee that worked very hard to develop a document
that could be used for uniform amendments by cities throughout the
County. The results were a total of 18 proposed amendments: 11 to the
building code, of which four are general requirements and seven are
structural; zero changes to the mechanical code; one amendment to the
electrical code, two amendments to the plumbing code, and four to the
swimming pool code. Up to this date, 18 jurisdictions had signed on with
this uniformity program and committed to using this program as a core
document for their code adoption, meaning the same amendments would
be used by different cities. Mr. Uske asked how many jurisdictions in this
County, to which Mr. Elbettar answered 31 jurisdictions, including the
County, which did not signed on with the program.
Mr. Jeannette asked if all cities accepted the seismic amendments and Mr.
Elbettar affirmed this. Mr. Elbettar stated that the City of Newport Beach
amendments numbered 19, one more than the uniform program, Involving
the fire sprinklers. The uniform code amendment did not address the fire
code requirements because the County has fire authority, nor did it address
the grading or the administrative provisions, as each jurisdiction maintained
different organizational structures and responsibilities. Each city provided Its
own sprinkler codes.
L
Mr. Uske asked about the County's jurisdiction for Inspections for Newport
Coast, which had become part of Newport Beach. He wondered what
differences were experienced since the County was not a part of this
uniformity program. Mr. Elbettar agreed that differences existed between •
the application of the code amendments of the City and the County.
3
• City of Newport Beach
Building Code Board of Appeals
August 29, 2002
Mr. Jeannette asked whether the rules conflicted in the grading area also.
Mr. Elbettar stated that the City's grading ordinance was based on the
original County grading ordinance and was therefore very similar, with
some minor differences regarding slope issues, bluffs, etc. He mentioned
proposed major changes to the grading ordinance to be consistent with
the new regulations of the National Pollution Discharge Elimination System
Program, the NPDES. Mr. Jeannette asked about situations when new work
was done to existing residences in the Pelican Hills Crest area since their
existing grading issues were different than the proposed changes of today.
Mr. Elbettar explained the current agreement was that the County retained
jurisdiction over each planned development area until the planned area
was completed. Nothing had been turned over to the City yet and the City
was in constant dialogue with the County regarding these issues since
October 2001.
Mr. Elbettar returned to the summary tables describing the proposed code
amendments. He read the changes and noted the change to the
conductors and electrical code was the same as in 1999, requiring
continuous inspections when torquing the aluminum wiring that could result
In electrical fires. While it was rarely used anymore, it was kept in the code
as a precaution. Mr. Jeannette wondered whether it should stay in the
• electrical code. Mr. Steve Hook, Chief Building Inspector, said some older
tracts still had some of these materials.
Mr. Elbettar mentioned a change to the swimming pool code that deleted
barrier requirements in lieu of adopting Article 2.5 of the Health and Safety
code, the swimming pool barrier act. Staff amended this further with
requirements from the Uniform Building Code, because the barrier safety
act did not address isolation fencing. The Building Code required fencing
the pool from the house and to the outside, which provided a much safer
ordinance.
Mr. Elbettar explained proposed changes to the Grading Ordinance to be
consistent with the NPDES requirements. These requirements were
approved by Council as policy L22 at the April 23 meeting. However, our
grading ordinance was inconsistent with council policy, therefore we held
up enforcement until we amend our grading ordinance.
Mr. Elbettar spoke about changes to the Residential Building Records (RBRs).
These were before this board at the August 21, 2001 hearing, and he
recalled that one -year time limits /expiration with no action taken for the
RBRs were discussed. Refund provisions were also added in the text. The
intent of declining Inspection was also clarified, that if a seller chooses to
allow inspection at the beginning, it could not be declined once the
process has started. Declining the inspection must be chosen from the
beginning.
• Changes to the flood damage prevention were reviewed with the City
INDEX
City of Newport Beach
Building Code Board of Appeals •
August 29, 2002 INDEX
Attorney's office and with FEMA. Changes were added to clarify the cost
of construction as threshold to when the requirements would apply. The
current ordinance spoke about the market value, which was very difficult to
determine because the market value of a structure involved the value of
the land. Therefore, the wording was switched to cost of replacement
value, addressing only the building's value.
Mr. Jeannette was concerned about the definition of fair market value of
improvements, page 47 under substantial improvements. He noted that
basically 50% of the current structure value was left up to someone to
determine. He noted the 50% was unknown and asked what value the
Building Department put on construction. Mr. Elbettar said $100 per sq.ff.
for construction. Mr. Jeannette said as it was a codified amount, it could
not be debated. However, if it could be done for less, it became a
debatable issue in Mr. Jeannette's view. Mr. Elbettar said this was a very
valid concern and staff had the same concern when the code contained
the provision of current market value. The code spoke of the cost of
replacement of the structure today, which was based on $100 per sq.ff.
The reason was that a homeowner might remodel involving granite, which
would increase the cost of construction, whereas the intent was to employ
measures commensurate with physical improvement. There was no other
way other than current value of structure or the cost of replacement value •
as the previous market value wording presented a bigger problem. He
believed this was a fair and equitable way. Mr. Jeannette asked whether
the current value of a structure's addition was determined by the City's
benchmark of $100 /sq.ff., to which Mr. Elbettor agreed.
Mr. Elbettar spoke to the construction refund process changes. He
explained the cleaning deposit, known as C &D, was collected on every
building permit to keep the site clean without damage to public property.
The deposit was refunded when the building permit was finaled. He told of
an example when the deposit was forfeited about eight years ago and a
request for the refund came in after that time and the deposit was
challenged. Consultations with the City Attorney and City Manager
determined that the cleanup deposit could not be forfeited, and the
request had to be refunded. Therefore, it was decided that enough code
provisions were in place to make this deposit section obsolete. To
streamline this process, this deposit was proposed to be deleted from the
code. He believed this would help the Industry and community as
sometimes confusion was created as to who paid the deposit and who
received the refund. If any violations surfaced, a stop work order or
administrative citations could be issued to compel clean up.
Mr. Jeannette asked if no deposit was collected, was it then left up to the
Inspector's discretion to red tag a project. Mr. Elbettar agreed and stated
that it always had been up to the inspector's discretion to forfeit the
deposit, and the forfeit was appealable to the Building Director. Mr. •
Jeannette recalled that some years ago when a building inspector felt in
• City of Newport Beach
Building Code Board of Appeals
August 29, 2002
his opinion to red tag a project, yet ultimately it was worked out with the
Building Director that the issue need not hold up the project. He was
concerned that something of this nature could grind big projects with many
workers to an 'expensive" halt. He wanted to establish a way to look at this
issue, not to stop work on the project unless it created real jeopardy to the
community, and perhaps only have the Building Director issue stop work
orders. Mr. Elbettar agreed this was a valid concern. He offered to change
the language to 'Building Official" instead of building inspector. However,
this did not resolve the issue, as every building Inspector and plan checker
was a deputized Building Official and acted on his behalf. When 'Building
Official" was used throughout the code, it referred to every deputy. He
stated that Mr. Jeannette's concern was already addressed by
Implementing a new stop work policy one month ago, for which training
started September 5th.
Mr. Uske asked as to how many times the cleaning deposits were forfeited
in the past. Mr. Elbettar said that about 1 % of the deposits were forfeited
for a total of $20,000 per year. However, the validity of these forfeitures was
being questioned now. Mr. Uske said he believed the large projects
seemed to be under extreme tight scrutiny, however, he observed some of
the residential remodels in the City where concrete went into the gutter
• and bay as runoffs, etc. He was concerned about more policing of this
problem. Mr. Elbettar stated that one of the City's goal this year was to
comply with all the NPDES standards, Including educational outreach
programs, mailers to builders, etc. A display board to educate builders and
contractors of the requirements not to dump materials in the gutter, etc.,
would be completed soon. Building inspectors were also trained with a
presentation acquired from the County to look for measures to prevent
discharges into the storm drains. Code Enforcement Officer Jim Sinasek
was also very proactive. New filters were installed on the catch basins as
part of a citywide awareness program, headed by water quality unit with
Dave Kiff in charge. All City departments were implementing their part to
eliminate these discharges.
Mr. Lockard stated that the City was very fortunate to have a Building
Official with the quality of Mr. Elbettar. He felt it was important to be
present before this board because the Fire Department's goals mirrored this
board's commitment by working towards Insuring safe buildings in Newport
Beach.
He noted the 2000 Uniform Fire Code was being adopted this year as
adopted by State of California. He noted that different jurisdictions were
working towards more consistency, which presented an advantage for
builders and developers throughout the County. The 2000 proposed Fire
Code had a total of 46 changes, most existed previously, and amending
some of them. He addressed the Newport Coast issue regarding the wild
• land areas. As a result of the 1994 Oakland and Laguna Beach fires, many
concerns were addressed by a plan called 'Fuel modification," that
INDEX
City of Newport Beach
Building Code Board of Appeals
August 29, 2002
INDEX*
managed a distance into the wild land and the types and amount of fuels.
This was adopted in the 1999 code and continued in the present proposed
code adoption. The standards were exactly the same as the Orange
County Fire Code, providing the community with the same sense of
protection.
He briefly explained the changes in the table. He spoke to 9.04.040
addressing deleting permit requirement for hydrants and to require a permit
for a listed heater in commercial occupancies. Because of dangers
associated with compressed gas, Newport Beach prohibited propane
heaters as a permanent heating device. A fire alarm system with smoke
detectors must be maintained with written records provided by a qualified
professional. He noted a problem with the 1999 code regarding floor area
definition. Therefore, the same definition as the Building Code was used to
be consistent in both codes. Sprinkler requirements were now consistent in
the building and fire codes.
Mr. Jeannette asked if an exterior area was covered by trellis or overhang,
would that not count for area of structure in determining sprinklers. Mr.
Lockard answered that the fire code was referring to the building code's
definition. Mr. Elbettar explained it stated, 'Usable space under roof or any
horizontal projection." A trellis would not have to comply, but an overhead •
or patio cover used for barbecue or other activities that could be a source
of fire must comply. The code defined the floor area, not the habitable
area. Mr. Jeannette asked whether the many large loggias of homes in the
Pelican Hill area contributed to the building's square footage requiring
sprinklers. Mr. Elbettar said yes, if they were attached to the building and
usable, which was also required in the County Fire Code. Mr. Lockard said
the Fire Code referenced that Newport Coast area structures and
appendages must be sprinklered, regardless of footage, the same as
required by the County Fire Code.
Mr. Lockard mentioned another requirement for all fire alarm and sprinkler
systems to be central- system monitored. Mr. Uske asked if the requirement
was to be retroactive and Mr. Lockard said yes, the code required
supervision for more than 100 sprinkler heads in a building, or for certain
occupancies such as hospitals. He noted the example of the Hoag Hospital
with a central monitoring station and onsite supervision. Mr. Liske said he
knew of quite a few large industrial buildings in the City of Costa Mesa that
were not monitored. Mr. Lockard could not speak to other jurisdictions, but
believed that most of Newport Beach's large buildings complied.
He then spoke to a new section calling for a soil assessment report when
combustible soil gases existed, such as at Hoag Hospital and at Chilli's
Restaurant. This provided the Fire Department with an opportunity to see
the report and how it was mitigated to insure the building's safety. He also
noted battery systems would be regulated. He spoke about the •
requirements for protected above ground tanks, regulating the amount of
• City of Newport Beach
Building Code Board of Appeals
August 29, 2002
stored chemicals, treatment systems for highly toxic gases, which must be
able to shut off automatically for safety. National Fire Protection
Association standards were adopted as much as possible.
Mr. Jeannette asked about the fire sprinkler requirements and recalled too
many situations where a building may be large enough that even a small
addition could add the total to exceed 5,000 sq.ff. and automatically
trigger the fire sprinkler requirement. He realized the present code talked
about the percentage of an addition to the residence, therefore from 0 -
25% no sprinklers are required even for the new area. He wondered
whether this new aspect of counting the covered area, would adding a
mere 50 sq.ff. covered patio, if exceeding the 5,000 sq.ff., kick in the
sprinkler requirement. Mr. Lockard said the basis for the 5,000 sq.ff. sprinkler
requirement was based on the Fire Department's determination on how big
a fire was possible for the type of construction and what resources were
available. The Fire Department determined that a fire based up to 5,000
sq.ff. could be fought based on deployment of resources. In a residential
system, sprinklers were designed to prevent a flash over, while In a
commercial building it was designed to protect the content. The 5,000
sq.ff. number was based on resource allocations of eight stations in
Newport Beach. He noted that 85% of California's population was
• protected by a more restricted sprinkler ordinance than here. Mr. Lockard
said for a building with patios over 5,000 sq.ff., the definition of floor area
would be considered for the sprinkler requirements. He repeated that from
0 - 25% meant no sprinkler requirement, for 25 - 50% the addition must be
sprinklered, over 50% the complete structure required sprinklers. This was
consistent with the State Fire Code. Mr. Jeannette posed an example of a
1,500 sq.ff. house with a,500 ft. patio. Mr. Lockard said the patio would
present 33% and would require only the addition to be sprinklered.
Mr. Elbettar said the City did not apply the floor area definition correctly
early on and he noted that the size of a structure dictated the response. A
fire in a 2,000 sq.ft. structure was different than in a.500 sq.ff. structure. The
Code talked about usable space, proximity of property line, and treated
patio covers as hazard in case of a source of flame under the cover
shooting up or sideways. A patio cover close to the property line always
required a wall or some other protection. Staff could review this, but he
believed this was actually something positive for the residents as these were
safety measures, and are also used as savings for insurance. Mr. Jeannette
stated that not many other cities applied it this proposed way. Most cities
applied this requirement as Newport Beach did In the past. He spoke from
his experience as an architect all over the County and cited an example of
an older couple in a small older house wishing to fix it up a bit and now
would be forced to retrofit fire sprinklers for the entire house if the addition
exceeded the threshold. These older people might not be able to afford
this. He asked the City to look closer at the demographics and be more site
• specific. He didn't believe this was dealt with equitably citywide and asked
for more thoughts and consistency on this issue. He noted that Laguna
INDEX
City of Newport Beach
Building Code Board of Appeals •
August 29, 2002 INDEX
Beach with all their problems still did not require fire sprinklers on exisfing
buildings or any building less than 5,000 sq.ff. even though their fire hazard
was much higher than Newport Beach. Mr. Lockard said he could not
speak to other city jurisdictions other than that Laguna Beach had a new
Fire Marshall, who previously worked for Newport Beach, and who might
change their codes. He believed that Newport Beach was fortunate to
have a very knowledgeable Building Official and a reasonably professional
Fire Division that looked at each of these cases very critically and provided
reasonable decisions. He appreciated Mr. Jeannette's concern and said
staff was trying to apply the code as best as possible. One very important
Item he wanted to mention was that people did usually not die in
sprinklered buildings. This was the essence of the Fire Department's first
mission that no one died on his watch. In his past 25 years in the profession,
he had seen the success of sprinklers in buildings and also had seen tragedy
of fires in buildings without sprinklers. He believed this was a fundamental
way to protect the community.
Mr. Cranston asked what protection was required for above ground tanks.
Mr. Lockard said they must be listed, meaning Underwriter laboratories or
another recognized testing laboratories created some special confinement
around tanks to resist fire from exterior for two hours. Mr. Uske asked if the
City had any above ground tanks. Mr. Lockard said yes the City had three
or four, most either for emergency generators or maintenance equipment,
such as the one in Big Canyon to fuel their equipment.
Mr. Elbettar commented on Mr. Jeannette's concerns regarding habitable
floor area versus floor area as a very complex issue. A structure of 500 sq.ft.
with 4,500 covered spaces for RVs was an example of the difficulty of where
to draw the line. He understood Mr. Jeannette's quest for a better
definition of a habitable area. He encouraged Mr. Jeannette to go on
record and to pursue this with a motion to recommend these amendments
with the exception of this definition to change the habitable floor area. It
would be mentioned and voted on at the City Council and he invited Mr.
Jeannette and all board members to be present at the September 10
Council meeting to present their views.
Mr. Jeannette spoke for the record that he agreed with Fire Marshal
Lockard that Mr. Elbettar was one of the finest Building Officials he every
met, and the fairness with which he treated all people that live, work and
do construction in Newport Beach was exemplary. He agreed that his
concern was not with the ordinance, but with the definition. He believed
this issue needed to be looked at more thoroughly, either to the point
where he felt more comfortable with or use the Building Official's
capabilities to look and weigh these issues as there would be unusual
circumstances coming up, requiring a reasonable and fair response without
having each one come up for an appeal.
Mr. Uske mentioned that there was an audience. •
• City of Newport Beach
Building Code Board of Appeals
August 29, 2002
Mr. Root opened the public hearing.
il.>� i
Dolores Offing, Newport Beach, spoke to this new fire application for square
footage. Her husband had a brand new Cadillac some years ago and
they received a phone call not to park the car in the garage or near the
home because there was a generator that could ignite and could burn
down the house. She encouraged Mr. Jeannette to bring his concerns to
the Council, but she understood since that day that cars parked under
overhangs could easily pose a fire hazard.
She spoke to the sprinklers ordinance and said if she wanted to add a 1,000
sq.ft. addition to a 3,800 sq.ft. home, she understood the addition must be
sprinklered, but not the 3,800 sq.ft. home, since the addition was not more
than 50% of the original house, without any overhangs or patios attached
to her house. Was this correct? Mr. Elbettar said that no sprinklers would be
required since the total square footage was not over 5,000 sq.ft. Ms. Offing
said she would sprinkler it anyway for safety. She asked whether the County
received the money from the permits pulled for Newport Coast. Mr.
Lockard explained that the County was currently responsible for all Newport
Coast construction, including additions in Newport Coast until that planning
• area was complete. There are a total of 25 planning areas. Eight areas
were completed, but nothing had been turned over since annexation.
When they are turned over to the City, the Building and Fire Departments
would begin permitting alterations of the completed planning areas.
Ms. Offing did not understand page 13, 'Choosing to decline inspection."
Mr. Elbettar explained this dealt with the residential record program. When
a property was sold through escrow, the buyer must file an application
through the residential record program and the City researched the
property record, printed a document showing all prior permits and
Inspected the property. The property owner has the right to refuse
inspection and decline it. The owner and buyer would then be aware that
inspection had been declined. Some confusion occurred when some
owners gave inspection consent in the beginning of the process and after
the Inspector found violations, the owner then wanted to decline. This
amendment clarified that this inspection must either be accepted or
declined at the beginning, otherwise the Inspector's findings of possible
violations must be acknowledged and corrected. Mr. Jeannette
wondered whether it was prudent for the buyer to automatically ask the
seller to provide the copy of the record. Mr. Elbettar said some buyers do
decline inspections, but they always received copies of the research record
and knew whether the seller had declined inspection.
Mr. Root closed the public hearing.
• Mr. Jeannette asked whether it was allowed to use the PEX type of
plumbing for reversed osmosis systems. Mr. Elbettar said the reason the
10
City of Newport Beach
Building Code Board of Appeals
August 29, 2002
INDEX •
code adoption process was delayed by the Building Standards Commission
from March to May was specifically because of that issue. It was included
in the plumbing codes, but certain interests lobbied and allowed this option
to be excluded from the code. He mentioned that he testified before the
committee at that time and asked to keep that option for his jurisdiction.
They at least allowed the local Building Official to make findings through
'Alternate methods and materials" on a case -by -case basis. It was a
political battle and the PEX company filed a lawsuit against the Building
Standards Commission and the trade unions were against it. Mr. Jeannette
asked whether in Newport Beach this PEX material was covered under
"Alternate methods and materials," and Mr. Elbettar said yes.
Motion was made by Board member Jeannette to recommend to the City
Council to consider the adoption of the 2001 California Building Code, the
2001 California Mechanical Code, the 2001 California Plumbing Code, the
2001 California Electrical Code, the 2001 California Fire Code, and the
proposed amendments to these codes and other provisions of the
Municipal Code as outlined in the proposed ordinances. He also asked
that Council review for more clarity, as recommended by the Building
Official and himself, the definition of habitable space and the application
of habitable space when determining the requirements for fire sprinklers
within the City. Mr. Uske seconded the motion and the Motion carried by
acclamation.
- None
sss
ADJOURNMENT: 4:05 p.m.
Communications
Adjournment
MONIKA GO IN, RECORDING SECRETARY
CITY OF NEWPORT BEACH BUILDING BODE BOARD OF APPEALS
11
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