21 - Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments — Newport Beach City Council, November 15, 2022 (part 1 of 3)

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CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 15, 2022
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Tonee Thai, Deputy Community Development Director / Chief Building Official, [email protected]
Kevin Bass, Fire Marshal, [email protected]
PHONE: 949-644-3277
949-644-3108
TITLE: Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments ABSTRACT:

The City of Newport Beach (City) enforces State of California (State) model building standards and fire codes for the purpose of regulating design and construction of all structures to protect life and property. Every three years, the State adopts new codes.

Local agencies must adopt the same codes and make amendments with specific findings 30 days prior to the January 1, 2023, effective date of the new codes. Attached for the City Council's consideration is the resolution making specific findings to the proposed City amendments along with draft ordinances introducing the revised codes. If passed, this item will return for final adoption of the ordinances on November 29, 2022.

RECOMMENDATION:
a) Conduct a public hearing;
b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA Guidelines, because the code adoption and amendment will not result in a physical change to the environment, directly or indirectly;
c) Adopt Resolution No. 2022-83, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code and the International Swimming Pool and Spa Code as Reasonably Necessary Because of Local Climatic, Geographic, or Topographic Conditions; 21-1

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d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-26, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division 11 of the 2022 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2022 California Historical Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; and the 2022 California Energy Code; to Adopt with Local Amendments the 2021 International Property Maintenance Code; the 2022 Edition of the 2022 California Building Code; the 2022 Edition of the California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; and the 2022 California Plumbing Code; to Adopt with Local Amendments the 2021 International Swimming Pool and Spa Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain Management, and pass to second reading on November 29, 2022;
e) Adopt Resolution No. 2022-84, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications and Changes to the 2022 Edition of the California Fire Code as Reasonably Necessary Because of Local Climactic Geographic, or Topographic Conditions; and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2022 Edition of the California Fire Code, as set forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments, and pass to second reading on November 29, 2022.

DISCUSSION:

The California Building Standards Code is published every three years and amends the California Code of Regulations Title 24. These codes are commonly referred to as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy Codes.

The City may only make more restrictive modifications and amendments if the City Council adopts findings relating to local climatic, topographic and geographic conditions, and said findings are filed with the California Building Standards Commission. The California Building Standards Commission has established January 1, 2023, as the statewide effective date for all the 2022 California Building Standards Codes. All local municipalities are required to enforce such codes as the minimum design standards and construction codes.

The proposed amendment to Title 15 will modify Chapter 15.09 and will incorporate the requirements of the International Swimming Pool and Spa Code, which is not adopted by the State as a model code.
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This code adoption cycle, staff recommends less amendments to the California Building Standards Code compared to the previous cycle to reduce regulations and streamline the building permitting process.

If the item moves forward to November 29, 2022, the City Council's approval of the ordinances would result in the amendment of Title 15 of the Newport Beach Municipal Code (NBMC) by repealing references to the prior editions of the building standards codes and enacting the most current California Building Standard codes and International Codes:
2022 California Building Code
2022 California Fire Code
2022 California Residential Code
2022 California Electrical Code
2022 California Mechanical Code
2022 California Plumbing Code
2022 California Green Building Standards Code (Cal Green) 2022 California Historical Building Code
2022 California Existing Building Code
2021 International Property Maintenance Code
2021 International Swimming Pool and Spa Code
Community Outreach
On October 4, 2022, staff held a community workshop to gain input on the proposed draft ordinance and amendments and more than 40 members of the public and design community attended. Copies of the building and fire draft code amendment ordinance were provided and the workshop was positively received by the attendees.

Though no amendments were requested, several participants requested future City - sponsored seminars to address various subjects such as exiting and accessibility.

Building and Fire Board of Appeals
On October 19, 2022, the Building and Fire Board of Appeals (Board) convened with five members of the Board in attendance. Staff presented the proposed draft amendments. The Board did not recommend any changes and supported the code amendments as presented.

Municipal Code Amendments
The following is a summary of some of the key amendments proposed for incorporation into the NBMC:
a. NBMC Section 15.02.085 would require the permittee to use a City - franchised solid waste enterprise for handling removal and disposal of all construction and demolition waste for a demolition permit, for complete demolition of a structure. This provision was inadvertently omitted with the adoption of Ordinance No. 2010-23.
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b. NBMC Section 15.04.090 would exempt the fire sprinklers requirement for accessory dwelling units when the existing primary residence is not equipped with fire sprinklers. The construction of an accessory dwelling unit shall not trigger the requirement for fire sprinklers to be installed in the existing building.
c. NBMC Section 15.19.060 would incorporate the timeline requirements for acceptance and approval of permit applications for the installation of electric vehicle charging stations. These timeline requirements are compliant with AB 970 (Chapter 710, Statutes 2021) which becomes operative on January 1, 2023, for cities with a population of less than 200,000 residents.
d. NBMC Section 15.50 would be revised to clarify the definition of Design Flood Elevation and to incorporate the requirement for 1-foot of freeboard above the Base Flood Elevation for minimum height of the lowest floor for new and substantially improved/damaged buildings in Special Flood Hazard Areas. The 1-foot freeboard requirement is intended to be consistent with the changes in minimum requirements for the Community Rating System (CRS) implemented by the "Addendum to the 2017 CRS Coordinator's Manual," which was issued by FEMA and went into effect on January 1, 2021.
e. NBMC Section 9.04.380 would require the property owners of existing structures to be improved with the installation of 1/8" mesh screening to protect ventilation openings from ember intrusion in the event of a wildfire. This amendment is consistent with the Cal Fire Low Cost Retrofit document request for homeowners to improve their homes and other structures from flying hot embers during a wind driven wildfire. f. NBMC Section 9.04.385 would require property owners to trim existing trees from hanging over or touching structures to reduce burning vegetation from igniting structures. The Insurance Institute for Business & Home Safety, in cooperation with the National Fire Protection Association (NFPA) recommends no trees within five (5) feet of structures to reduce the spread of burning vegetation to the structures. g. NBMC 9.04.386 would require property owners to create and maintain a 1-foot wide noncombustible zone at the base of new and existing structures to prevent falling embers from igniting structures in the event of a wildfire. The California Department of Insurance's recently published Safer from Wildfire program recommends a 6-inch wide noncombustible zone at the base of structures to protect from embers during a wildfire. Newport Beach Fire Department recommends a 1-foot zone for additional separation from existing mature residential landscaping within the established Very High Fire Severity Zone. 21-4

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FISCAL IMPACT:

There is no direct fiscal impact related to the City for this action.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the code amendment will not result in a reasonably foreseeable physical change to the environment. Additionally, the code amendment is exempt from the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This code amendment itself does not authorize development that would directly result in physical change to the environment.

NOTICING:

Notice of this hearing was published in the Daily Pilot at least 10 days in advance of this hearing. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.

ATTACHMENTS:

Attachment A
— Resolution No. 2022-83
Attachment B
— Ordinance No. 2022-26
Attachment C
— Redline of NBMC Chapter 15
Attachment D
— Resolution No. 2022-84
Attachment E — Ordinance No. 2022-27
Attachment F — Redline of California Fire Code Amendments Attachment G — Map of the Very High Fire Hazard Severity Zone 21-5

Attachment A
Resolution No. 2022-83: Adopting Findings to the Amendments to the California Building Standards Code and Other Related Codes
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RESOLUTION NO. 2022- 83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, SETTING FORTH

FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE

CITY OF NEWPORT BEACH WHICH MAKE CERTAIN

MODIFICATIONS AND CHANGES TO THE

INTERNATIONAL PROPERTY MAINTENANCE CODE,

THE CALIFORNIA BUILDING CODE, THE CALIFORNIA

RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL

CODE, THE CALIFORNIA MECHANICAL CODE, THE

CALIFORNIA PLUMBING CODE AND THE

INTERNATIONAL SWIMMING POOL AND SPA CODE AS

REASONABLY NECESSARY BECAUSE OF LOCAL

CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC

CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of Newport Beach ("City") adopt ordinances and regulations imposing the same, modified, or changed requirements as are 'contained in the regulations adopted by the State of California ("State") pursuant to Health and Safety Code Section 17922; WHEREAS, the State is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Building Code based on the 2021 International Building Code of the International Code Council, the 2022 California Residential Code based on the 2021 International Residential Code, the 2022 California Green Building Standards Code, the 2022 California Plumbing Code based on the 2021 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the 2022 California Mechanical Code based on the 2021 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, and the 2022 California Electrical Code based on the 2020 National Electrical Code of the National Fire Protection Association, the 2022 California Energy Code, the 2022 Historical Code, and the 2022 Existing Building Code (hereinafter referred to collectively as ("Codes");
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to Health and Safety Code Section 17958.5 make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions;
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WHEREAS, the Chief Building Official has recommended that changes and modifications be made to the Codes and has advised that these changes and modifications to the model codes are reasonably necessary due to local conditions in the City and has further advised that the remainder of said changes and modifications are administrative or procedural in nature; and
WHEREAS, a copy of this resolution together with the ordinance 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.

NOW THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council does hereby approve the following changes and modifications to the 2021 Edition of the International Property Maintenance Code, 2021 International Swimming Pool and Spa Code, 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, and 2022 California Plumbing Code, as recommended by the Chief Building Official, and finds that the changes are necessary due to local climatic, geographic or topographic conditions:

INTERNATIONAL PROPERTY

JUSTIFICATION/EXPRESS FINDINGS

MAINTENANCE CODE SECTION
Reference to Newport Beach Admin.

Chapter 1
Code
Reference to Newport Beach Admin.
302.4 (Weeds)
Code
Make consistent with the California
303.2 (Enclosures)
Building Code

CALIFORNIA BUILDING CODE SECTIONS

JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
701 A.1 (Scope)
d, e, f
701A.3 (Delete Exception #5)
d, e, f
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701A.3.1 (Delete Exception #2)
d, e, f
702A (Def. Unenclosed Covered Structure)
d, e, f
710A.3.4 (Miscellaneous Structure
requirements)
d,e,f
903.2 (Sprinkler Requirement Commercial)
c, d, e
903.2.8 (Sprinkler Requirement Residential)
a, c, d, e
903.2.8 Item 2 Exceptions #1 and #2
Comply with AB2221 and SB897
amendment to Gov. Code
65852.2 (a)(1)(D)(xii) and
65852.2(e)(3)
1505.1 (Minimum Roof Covering Classification
for Types of Construction)
d,e,f
1505.1.2 (Roof Coverings within all other
areas)
d, e, f
1612.3 (Establishment of Flood Hazard Areas)
i, j
1704.2.1 (Special Inspector Qualifications)
g, h, i
1905.1.7 (Delete Exceptions 1 through 3)
g, h, i

CALIFORNIA RESIDENTIAL CODE

SECTIONS

JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b, h, i
R301.1.1.1 (Deleted)
e, f, g, h, i, j
R301.1.3 — R301.1.3.3 (Engineered Design)
a, b, d, c, g, h, i, j
R301.2, Table R301.2
g, h, j
Table R301.2, footnote g
j
R301.2.4 — R301.2.4.1 (Floodplain
Construction & Alternate provisions)
h, i, J
R309.3 (Flood Hazard Areas)
i, j
R313 (Replaced with CBC 903.2.8)
a, b, c, e, i
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R319.1(Address Identification)
k,
R322 (Adding Floodplain Management
h, i,
Ordinance)
R337 (Materials and Construction Method of
Additional reference to California
Exterior Wildfire Exposure)
Building Code
I, Additional reference to California
R341 (Sound Transmission)
Building Code
a, b, c, g, h, i, j, Additional reference
R401.4 (Geotechnical Investigations)
to California Building Code
R404 (Deleted)
a, b, c, g, h, i, j
R405.1 (Basement Wall Drainage)
i, j
d, e, f, Additional reference to
R902 (Roof Classification)
California Building Code

CALIFORNIA ELECTRICAL CODE

JUSTIFICATION/EXPRESS FINDINGS

SECTIONS
R358.10(A) (EMT — Uses Permitted)
i, j
R358.10B (EMT — Uses Permitted)
i, j

CALIFORNIA MECHANICAL CODE

JUSTIFICATION/EXPRESS FINDINGS

SECTIONS
Make consistent with the California
103.5 (Modifications)
Building Code
Make consistent with the California
107.1 (Appeals)
Building Code

CALIFORNIA PLUMBING CODE SECTIONS

JUSTIFICATION/EXPRESS FINDINGS
Make consistent with the California
103.5 (Modifications)
Building Code
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Make consistent with the California
107.1 (Appeals)
Building Code

INTERNATIONAL SWIMMING POOL AND

JUSTIFICATION/EXPRESS FINDINGS

SPA CODE SECTION
Administrative change by Chartered
10 1. 1 (Title)
City
Administrative change by Chartered
101.2 (Scope)
City
Administrative change by Chartered
102 through 114 (Delete Sections)
City
Make consistent with the California
201.3 (Terms)
Codes
Make consistent with California
202 (Definitions)
Swimming Pool Safety Act
301.1 (Scope)
n
m, Make consistent with the
302.1 (Electrical)
California Codes
Make consistent with the California
302.2 (Water service and drainage)
Codes
Make consistent with the California
302.5 (Backflow protection)
Codes
Make consistent with the California
302.6 (Wastewater discharge)
Codes
303.1 (Energy consumption of pools and
Make consistent with the California
permanent spas)
Codes
Make consistent with the California
303.1.1 through 303.3 (Deleted)
Codes
304.2 (Floodplain Construction)
i, j
305.1 (General)
n, Administrative change by
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Chartered City
305.2 (Swimming Pools and Spa)
m, Administrative change by
Chartered City
Make consistent with California
305.2.1(1) (Barrier height and clearance)
Swimming Pool Safety Act
Administrative change by Chartered
305.2.4 (Deleted)
City
Make consistent with California
305:3.3 (Latch release)
Swimming Pool Safety Act
Make consistent with California
305.5(1) and (2) (Pool Structure as a barrier)
Swimming Pool Safety Act
Additional reference to California
306.1 (General)
Codes
306.4 (Deck steps handrail required)
n
Table 306.5 (Minimum Drainage Slopes for
Make consistent with the California
Deck Surfaces)
Building Code
Additional reference to California
306.9.1 (Hose bibbs)
Codes
Additional reference to California
307.1.1 (Glazing in hazardous locations)
Codes
Additional reference to California
307.1.3 (Roofs or canopies)
Codes
Additional reference to California j
307.1.4 (Accessibility)
Codes
Additional reference to California
307.2.2 (Materials and structural design)
Codes
n, Administrative change by
310.1 (Exception #2)
Chartered City
Additional reference to California
316.4 (Installation)
Codes
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Additional reference to California
316.6.1 (Installation)
Codes
Additional reference to California
318.2 (Protection of potable water supply)
Codes
j, Administrative change by
320.1 (Backwash water or draining water)
Chartered City
Administrative change by Chartered
320.2 and 320.3 (Deleted)
City
321 (General, Residential pool and deck
Additional reference to California
illumination)
Codes
Chapter 4 (Deleted)
n
Chapter 5 (Deleted)
n
Chapter 6 (Deleted)
n
Additional reference to California
703.1 (General)
Codes
802.1 (Materials of components and
Additional reference to California
accessories)
Codes
Additional reference to California
802.2 (Structural design)
Codes
Administrative change by Chartered
901.2 (General)
City
Administrative change by Chartered
903 (Added Section)
City
Administrative change by Chartered
904 (Added Section)
City
Administrative change by Chartered
905 (Added Section)
City
-
Administrative change by Chartered
906 (Added Section)
City
907 (Added Section)
Administrative change by Chartered
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City
a. The City of Newport Beach is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires. Control of such fires requires a rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb up flights of stairs will greatly impact the response time to reach an incident scene.

Additionally, the amount of wind force at 60 ft. above the ground puts rescue personnel at increased risk of injury when they are using aerial -type firefighting apparatus above this height.
b. The City of Newport Beach is located in a seismically active area. The public water system may be damaged 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. 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.

C. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, and due to the seismic activity and the expected infrastructure damage inherent in a seismic hazard zone, 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) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons with significant growths of vegetation of a highly combustible nature, classified as Very High Fire Hazard Severity Zones.
e. The City of Newport Beach, especially the foothill areas, is geographically located in an area periodically subject to high temperature dry Santa Ana 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. The use of non -rated or special purpose roofing materials as roof coverings within the City 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.

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 21-14

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throughout areas where the roofs of structures are covered with wood shakes and shingles.
g. The City of Newport Beach is subject to seismic activity which may result in damage to existing structures that do not comply with current code. Repair of earthquake damage according to California Existing Building Code requires upgrading the existing building to a standard higher than that to which it was built, which creates a financial hardship for the building owner to repair an earthquake -damaged structure or strengthen it prior to a seismic event. The California Existing Building Code provides a reasonable performance standard for strengthening and repair of structures. The Federal Emergency Management Agency ("FEMA") requires adoption of performance standards for the repair of damaged structures as a condition of financial assistance after disasters.
h. The City of Newport Beach is. located in a seismically active area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation.

Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The City of Newport Beach contains coastal bluffs and hilly areas subject to landslides, earth induced landslides and it has coastal areas subject to flooding and liquefaction. i. The City of Newport Beach has coastal and bay front areas with sandy soils and a shallow water table at the same elevation as bay water elevation which fluctuates with the tide. Sandy soils and high ground water level may cause the soils to liquefy during a seismic event.

The City of Newport Beach contains low lying coastal areas subject to flooding from sustained rain with tides which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through back bay. Other oceanfront areas are subject to flooding from storm -driven high waves run up and overtop coastal beach berms. West Newport Beach is subject to flooding from the Santa Ana River and storm events with tides. The City of Newport Beach participates in the Federal Flood Insurance Program and has adopted a FEMA-required flood management ordinance with flood mitigation measures including construction requirements contained in Newport Beach Municipal Code Chapter 15.50. k. Newport Beach is located in Southern California and can be subject to air pollution, water and power shortages, climate change, and potential pollution of bay water. 21-15

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I. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography. m. The City of Newport Beach is a Charter City, therefore; topographical, geographical and climatic conditions are not required to amend the administrative provisions within the code.
n. City of Newport Beach does not have jurisdiction over Public Pools. The enforcing agencies for Public Pools are the California Department of Public Health and the local health agency, County of Orange Health Care Agency, per Health and Safety Code Sections 116050 and 131200 and Chapter 1, Division 1, Section 1.7 of the California Building Code.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 15th day of November 2022.

Kevin Muldoon
Mayor
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Aa on C. Harp
City Attorney
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Attachment B
Ordinance No. 2022-26 - Adopting the California Building Standards Code and Other Related Codes
21-18

ORDINANCE NO. 2022- 26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 15
(BUILDING AND CONSTRUCTION) OF THE NEWPORT

BEACH MUNICIPAL CODE TO ADOPT AMENDMENTS TO
CHAPTER 1 DIVISION II OF THE 2022 CALIFORNIA

BUILDING CODE DESIGNATED AS THE NEWPORT
BEACH ADMINISTRATIVE CODE; TO ADOPT THE 2022
CALIFORNIA HISTORICAL CODE; THE 2022 CALIFORNIA
EXISTING BUILDING CODE; THE 2022 CALIFORNIA
GREEN BUILDING STANDARDS CODE; AND THE 2022
CALIFORNIA ENERGY CODE; TO ADOPT WITH LOCAL
AMENDMENTS THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE; THE 2022 EDITION OF THE 2022
CALIFORNIA BUILDING CODE; THE 2022 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE; THE 2022
CALIFORNIA ELECTRICAL CODE; THE 2022
CALIFORNIA MECHANICAL CODE; AND THE 2022
CALIFORNIA PLUMBING CODE; TO ADOPT WITH LOCAL
AMENDMENTS THE 2021 INTERNATIONAL SWIMMING
POOL AND SPA CODE; AND TO AMEND CHAPTERS

15.19 ELECTRICAL VEHICLE CHARGING AND 15.50

FLOODPLAIN MANAGEMENT
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("BSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property; 21-19

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WHEREAS, the 2022 Edition of the California Building Standards Code ("CBC") is based on the 2021 International Building Code. The CBC published by the BSC in Title 24, Part 1; Part 2 Volume I & II; Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 8, Part 10, and Part 11 are mandated to be enforced on January 1, 2023. In order to include our local amendments and enhance life safety and property protection, the City must complete its adoption process thirty (30) days prior to January 1, 2023. The adoption of the code into the City Municipal Code provides for an orderly administration of the codes by City Building and Fire officials;
WHEREAS, local jurisdictions may amend the CBC as necessary to mitigate differences caused by local topographical, geographical, and climatic conditions. In accordance with California Health and Safety Code Section 17958.7, any modifications made via local ordinance must be filed, along with the findings thereto, with the BSC.

These local changes will be incorporated into Title 15 (Buildings and Construction) of the Newport Beach Municipal Code (NBMC);
WHEREAS, to aid in efficiency and clarity, portions of Title 15 (Buildings and Construction) are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the CBC that are correlated with the findings in Resolution No. 2022-_ adopted by the City Council of the City of Newport Beach on November 15, 2022. When approved, the ordinance and accompanying resolution will be forwarded to the BSC in compliance with the above mentioned code sections; WHEREAS, the various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Administrative Code;
WHEREAS, all prior references to the former Newport Beach Administrative Code shall be construed to apply to the corresponding provisions of the Newport Beach Administrative Code contained herein;
WHEREAS, the City is a charter city, governed by a charter adopted by the citizens of the City;
WHEREAS, Article XI, Section 5 of the Constitution of the State authorizes charter cities to enact ordinances with respect to their municipal affairs; 21-20

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WHEREAS, the City participates in the Nation Flood Insurance Program (NFIP) with Federal Emergency Management Agency to reduce flooding from storm events and wave run-up by retention and/or percolation;
WHEREAS, the City's effort to improve water quality of Newport Bay, and Environmentally Sensitive Receiving Waters by reducing runoff from irrigation overspray, roof drains, patio and deck drains, and natural watercourses which then convey pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue and other pollutants into surface waters; WHEREAS, the City reviewed the grading and drainage requirements from the Federal Emergency Management Agency with the NBMC Section 15.10.120 to ensure consistency and continued compliance with the NFIP; and WHEREAS, the 2022 CBC is similar to the 2019 version; the attached ordinance contains similar provisions as adopted by the City Council in 2019. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended.

NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:

Section 1: Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:

Sections:

Chapter 15.02

ADMINISTRATIVE CODE

15.02.010
Adoption of the Administrative Code.

15.02.020
Amendment to Section 101.1.

15.02.030
Amendment to Section 101.4.3.

15.02.040
Amendment to Section 101.4.4.

15.02.050
Amendment to Section 102.6.

15.02.060
Addition of Section 102.7.

15.02.070
Amendment to Section 103.1.

15.02.080
Amendment to Section 105.2.

15.02.085
Addition of Section 105.3.1.1.

15.02.090
Amendment to Section 105.3.2.
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15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.

15.02.100 Amendment to Section 105.5.

15.02.110 Amendment to Section 109.4.

15.02.120 Addition of Section 117.

Section 15.02.010 Adoption of the Administrative Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section Chapter 1 Division II of the 2022 Edition of the California Building Code as published by the International Code Council.

The various parts of this chapter, including additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Administrative Code.

A copy of the 2022 California Building Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 15.02.020 Amendment to Section 101.1.

Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as the Newport Beach Administrative Code, hereinafter referred to as "this code." Section 15.02.030 Amendment to Section 101.4.3.

Section 101.4.3 is amended to read as follows:

Section 101.4.3 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

Section 15.02.040 Amendment to Section 101.4.4.
i
Section 101.4.4 is amended to read as follows:

I
Section 101.4.4 Property maintenance. The provisions of the 2021 International Property Maintenance Code shall be adopted as the Newport Beach Property 21-22

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Maintenance Code and shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating,. sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Section 15.02.050 Amendment to Section 102.6.

Section 102.6 is amended to read as follows:

Section 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall. be permitted to continue without change,, except as otherwise specifically provided in this code, the California Existing Building Code, the International Property Maintenance Code, California Building Code, the California Residential Code, or the California Fire Code, or as deemed necessary by the Chief Building Official.

Section 15.02.060 Added Section 102.7.

Section 102.7 is added to read as follows:

Section 102.7 Remodel or renovation. If the valuation of the permit for the remodel or renovation of a building is equal to or exceeds 50 percent of the market value of such building, then the entire building shall comply with the Code provisions for new construction.

Exceptions:

1. This provision does not apply for permit valuations less than $320,700;

2. The Chief Building Official is authorized to accept less than the requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained.

Section 15.02.070 Amendment to Section 103.1.

Section 103.1 is amended to read as follows:

Section 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Chief Building 21-23

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Official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

Section 15.02.080 Amendment to Section 105.2.

Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as follows:

2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above lowest adjacent grade and not within 3 feet of the property line, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade except when used as a pool barrier.

Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as follows:

9. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above ground; unless otherwise required by other provisions of the code.

Section 15.02.085 Addition of Section 105.3.1.1.

Section 105.3.1.1 is added as follows:

Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition .Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes. 21-24

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If the Building Official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the Municipal Operations Department no less than twenty-four hours or more than seventy-two hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject the project to suspension of work as authorized in this code.

Section 15.02.090 Amendment to Section 105.3.2.

Section 105.3.2 is amended to read as follows:

Section 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each.

The extension shall be requested in writing and justifiable cause demonstrated.

Section 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.

Section 105.3.3 is added to read as follows:

Section 105.3.3 Time limit on permitted construction.

For any one -unit or two -unit dwelling for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.3.4. 21-25

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For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For building permits issued prior to June 1, 2019, the time limit to complete construction shall be three (3) years from June 1, 2019.

Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.

Section 105.3.4 is added to read as follows:

Section 105.3.4 Extension of time limit to complete construction.

The maximum allowable time to complete construction, as set forth in Section 105.3:3, may be extended as follows:

1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than three hundred and sixty-five (365) calendar days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) calendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been 21-26

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made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non -appealable.

2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule.

3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension shall be granted, conditionally granted, or denied. The applicable hearing body shall be referred to herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City; Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension. The Hearing Officer shall not 21-27

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be a City employee and the employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.

Within seven (7) calendar days of the City Clerk's receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer in accordance with Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.

The City Manager will review any request for disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the ,hearing of the application, in accordance with Section 1.08.080, at least ten (10) calendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) calendar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) calendar days before the scheduled hearing The size, location and number of sign(s)shall be posted as determined by the City Manager or, his/her designee. The applicant shall be responsible 21-28

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for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.

The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.

4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given. b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents. c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calendar day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless 21-29

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otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.

5. Judicial Proceeding.

Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.

6. Judicial Review.

The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administrative procedures set forth in Section

15.02.095.

Section 105.3.5 is added to read as follows:

Section 105.3.5 Correlation with Codes.

Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.

Section 15.02.100 Amendment to Section 105.5.

Section 105.5 is amended to read as follows:

Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the date of the last recorded inspection'.

Before such work can be recommenced, a new permit shall be first obtained to do so, and the permittee shall pay a new permit fee except for permits for suspended or abandoned work where inspections were previously recorded the fee shall be one half the amount required for a new permit for such work, provided no changes 21-30

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have been made or will be made in the original approved plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Permits shall not be renewed more than once.

The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested minimum 15 days prior to the permit expiration in writing and justifiable cause demonstrated.

Section 15.02.110 Amendment to Section 109.4.

Section 109.4 is amended to read as follows:

Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee in addition to the required permit fees. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all applicable provisions of either the codes or referenced standards or the technical codes nor from the penalty prescribed by law. .

Section 15.02.120 Addition of Section 117.

Section 117 is added to read as follows:

Section 117 — Demolition of entire structure
Section 117.1 Notification. When an entire structure is to be demolished, notification by certified mail to adjacent owners is required at least 30 days before demolition commences. Proof of notification is required prior to permit issuance.

Unless determined otherwise by the Chief Building Official.

Section 2: Chapter 15.03 (International Property Maintenance Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows.:
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Chapter 15.03

INTERNATIONAL PROPERTY MAINTENANCE CODE

15.03.010 Adoption of the International Property Maintenance Code.

15.03.020 Deletion of Chapter 1, except Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8.

15.03.030 Amendment to Section 101.1.

15.03.040 Amendment to Section 102.3.

15.03.045 Amendment to Section 302.4.

15.03.050 Amendment to Section 303.2.

Section 15.03.010 Adoption of the International Property Maintenance Code.

The City Council adopts and incorporates by reference, as set forth in full in this section, the 2021 International Property Maintenance Code, as published by the International Code Council.

The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Property Maintenance Code. A copy of the 2021 International Property Maintenance Code shall be kept on file in the office of the Building' Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 15.03.020 Deletion of Chapter 1, except Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8.

Section 15.03.020 Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 111.1, 111.2, 111.4, 111.7, and 111.8.

Section 15.03.030 Amendment to Section 101.1
Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as the Newport Beach Property Maintenance Code, herein referred to as "this code." Section 15.03.040 Amendment to Section 102.3.
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Section 102.3 is amended to read as -follows:

Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable adopted codes. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of the Newport Beach Municipal Code.

Section 15.03.045 Amendment to Section 302.4.

Section 302.4 is amended to read as follows:

Upon failure of the owner of agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with California Building Code Section 114.3 and as prescribed by the authority having jurisdiction.

Section 15.03.050 Amendment to Section 303.2.

Section 303.2 is amended to read as follows:

Section 303.2 Enclosures. Private swimming pools, hot tubs and spas or water features containing more than 18 inches of water depth shall comply with section 305.2 of the Newport Beach Residential Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach Building Code. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
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Chapter 15.04

BUILDING CODE

15.04.010
Adoption of the California Building Code.

15.04.020
Amendment to Section 105.2.

15.04.030
Amendment to Section 701A.1.

15.04.040
Amendment to Section 701A.3.

15.04.050
Amendment to Section 701A.3.1.

15.04.060
Amendment to Section 702A.

15.04.070
Amendment to Section 710A.3.4.

15.04.080
Amendment to Section 903.2.

15.04.090
Amendment to Section 903.2.8.

15.04.100
RESERVED.

15.04.110
Amendment to Table 1505.1.

15.04.120
Amendment to Section 1505.1.2.

15.04.130
Amendment to section 1612.3.

15.04.140
Amendment to Section 1704.2.1.

15.04.150
Amendment to Section 1905.1.7.

Section 15.04.010 Adoption of the California Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Building Code, Volumes 1 and 2, including Appendix C, I, and all national codes and standards referenced therein, based on the 2021 International Building Code, as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Building Code. A copy of the 2022 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 15.04.020 Amendment to Section 105.2.

Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as follows
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Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as follows:

9. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than 18 inches of water depth, do not exceed 5,000 gallons and are installed entirely above ground, unless otherwise required by other provisions of the code.

Section 15.04.030 Amendment to Section 701A.1.

Section 701A.1 is amended to read as follows:

Section 701A.1 SECTION 701A SCOPE, PURPOSE AND APPLICATION.

Section 701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of buildings including one - and two-family dwellings located within a Fire Hazard Severity Zone or Wildland- Urban Interface Fire Area as defined in Section 702A.

Section 15.04.040 Amendment to Section 701A.3.

Section 701A.3 is amended by deleting Exception No. 5 in its entirety.

Section 15.04.050 Amendment to Section 701A.3.1.

Section 701A.3.1 is amended by deleting Exception No. 2 in its entirety.

Section 15.04.060 Amendment to Section 702A.

Section 702A is amended with one addition to read as follows:

SECTION 702A DEFINITIONS
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UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one enclosed side.

Section 15.04.070 Amendment to Section 710A.3.4.

Section 710A 3.4 is amended to read as follows:

SECTION 710A.3.4 Miscellaneous structure requirements. Miscellaneous structures that require a permit and are separated from an applicable building on the same lot by a distance of more than 3 feet b.ut less than 50 feet from an applicable building shall be constructed of noncombustible materials or of ignition-' resistant materials as described in Section 704A.2.

Section 15.04.080 Amendment to Section 903.2.

Section 903.2 is amended to read as follows:

Section 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire -extinguishing system shall be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2), unless more restrictive requirements are required by other provisions of the Code.

Exceptions:

1. Group R occupancies. Group R occupancies shall comply with Section 903.2.8.

2. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the remainder of the building by not less than one hour fire barriers constructed in accordance with Section 707 or not less than 2 21-36

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hours horizontal assemblies constructed in accordance with Section 711, or both.

2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when any of the following conditions exists:
a) When an addition is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 M2), b) When an addition is added, and the existing building is already provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of the Code.
d) Where a tenant space in an existing building is required to be sprinklered due to the nature of occupancy use, the entire building shall be sprinklered unless other provisions of the code(s) are applied to create distinct separated buildings, subject to the Fire Code Official and Chief Building official approval.

Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8.

Section 15.04.090 Amendment to Section 903.2.8.

Section 903.2.8 is amended to read as follows:

Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
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a. When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds 50% of the area of the existing structure.
b. An addition when the existing building is already provided with automatic fire sprinkler system.
c. As determined for new construction per Section 102.7 Exceptions:

1. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

2. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory, dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved, subject to the Fire Code Official approval.

Section 15.04.100 RESERVED.
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Section 15.04.110 Amendment to Table 1505.1.

Table 1505.1 is amended to read as follows:

TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF

CONSTRUCTION'
'See chapter 7A for roof covering requirements.

Section 15.04.120 Amendment to Section 1505.1.2.

Section 1505.1.2 is amended to read as follows:

Section 1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, and the entire roof covering of evey existing structure when roof covering applied in the addition, alteration, repair or replacement of the roof exceeds 50 percent of the existing roof area; shall be a fire -retardant roof covering or assembly that is at least Class B.

Section 15.04.130 Amendment to Section 1612.3.

Section 1612.3 first paragraph is amended to read as follows:

Section 1612.3 Establishment of the flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for Newport Beach," dated March 21, 2019, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
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Section 15.04.140 Amendment to Section 1704.2.1.

Section 1704.2.1 is amended to read as follows:

Section 1704.2.1 Special inspector qualifications. The special inspector shall be a qualified person approved by the Chief Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Chief Building Official in writing, noting all code violations and any variations from the approved plans and other information as required on forms prescribed or approved by the City of Newport Beach.

Each person applying for listing/registration as a special inspector for the City of Newport Beach shall possess a valid certification from a certifying agency approved by the Chief Building Official, as a special inspector for each classification for which they apply. The Chief Building Official may administer testing procedures which he/she may find appropriate.

Each person applying for registration, as a special inspector for the City of Newport Beach, shall pay a registration fee as set forth in the City Council Fee Resolution, payable with the application.

A registration card shall be issued to each such special inspector who qualifies. A renewal fee as set forth in the City Council Fee Resolution for each classification shall be charged on July 1st of each year thereafter at which time the special inspector may be subject to re-examination.

The Chief Building Official may, in writing, suspend or revoke any special inspector's certificate of registration for due cause. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of registration should not be revoked. Failure to appear at such hearing by the special inspector may result in immediate revocation of said certificates. Special inspector's qualification registrations are to be given only for special inspections required in Chapter 17 of the California Building Code or for work specifically authorized by the Chief Building Official.

The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as the approved agency 21-40

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and their personnel are permitted to act as the special inspector for the work designed by them, provided they are approved by the Chief Building Official and qualify as special inspectors.

Section 15.04.150 Amendment to Section 1905.1.7.

Section 1905.1.7 ACI 318, Section 14.1.4 is amended by deleting Exceptions 1 through 3 of section 14.1.4.1 in their entirety.

Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:

Sections:

Chapter 15.05

RESIDENTIAL CODE

15.05.010 Adoption of the California Residential Code.

15.05.020 Amendment to Section R101.1.

15.05.030 RESERVED.

15.05.040 Deletion of Sections R102 through R114.

15.05.050 Addition of Sections R115.

15.05.060 Deletion of Section R301.1.1.1.

15.05.070 Amendment to Section R301.1.3.

15.05.080 Amendment to Table R301.2.

15.05.090 Amendment to Table R301.2 Footnote g.

15.05.100 Amendment to Section R301.2.4.

15.05.110 Amendment to Section R309.3.

15.05.120 RESERVED.

15.05.130 RESERVED.

15.05.140 RESERVED.

15.05.150 RESERVED.

15.05.160 RESERVED.

15.05.070 RESERVED.

15.05.180 Deletion of Section R313.

15.05.190 Amendment to Section R319.1.

15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain
Management.

15.05.210 RESERVED.
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15.05.220
Deletion of Section R337.

15.05.230
Addition to Section R341.

15.05.240
Amendment to Section R401.4.

15.05.250
Deletion of Section R404.

15.05.260
Amendment to Section R405.1.

15.05.270
RESERVED.

15.05.280
RESERVED.

15.05.290
Amendment to Section R902.

Section 15.05.010 Adoption of the California Residential Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Residential Code including Appendix AH, and all national codes and standards referenced therein, based on the 2021 International Residential Code, as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Code. A copy of the 2022 California Residential Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 15.05.020 Amendment to Section R101.1.

Section R101.1 is amended to read as follows:

Section R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of Newport Beach and shall be cited as such and will be referenced to herein as "this code."
Section 15.05.030 RESERVED.

Section 15.05.040 Deletion of Sections R102 through R114.

Sections R102 through R114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 21-42

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Section 15.05.050 Addition of Sections R115.

Section R115 is added to read as follows:

SECTION R115 —Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as adopted under section 15.14 of the Newport. Beach Municipal Code shall be the applicable code.

Section 15.05.060 Deletion of Section R301.1.1.1.

Section R301.1.1.1 is deleted in its entirety.

Section 15.05.070 Amendment to Section R301.1.3.

Section R301.1.3 is amended to read as follows:

Section R301.1.3 Engineered design. Where a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practices. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the California Building Code is permitted for buildings and structures and parts thereof, included in the scope of this code.

R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for wood frame construction found in this code, the Chief Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work.

Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Section 5537 and 6737.1.

R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and . 21-43

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stamped by a California licensed architect or engineer for all dwellings of a wood frame construction more than two stories in height or having a basement. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Section 5537 and 6737.1.

R301.1.3.3 Structures other than wood frame. The Chief Building Official shall require floor, wall or roof -ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer.

Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Section 5537 and 6737.1.

Section 15.05.080 Amendment to Table R301.2.

Table R301.2 is amended by completing the table to read as follows:

TABLE R3012
ri IMA"r worn r_cnr_owewr nocir_u rol ..

GROUND
SNOW

WIND DESIGN
SEtSMICDESIGN

SUBJECT TO DAMAGE FROM

ICE BARRIER
FLOOD
AIR
U
S d°
�
To ra hic
Po9p
effects•
S lrd
wind regi'
Windtlome
tlhi°`

CATEGORY'
LOAD•
Weetl1ed„g. Frest Termite°REQUIRED"HAZARDS°
°ZERO

UNDERLAYMENI'
I
FREEZIN�-,L_g
INDEX'(mh)
95 NO
' NO
NO
D„ D„ D„ORE

NEGLIGIBLE
NA

VERY HEAVY
NO
MANUAL J DESIGN CRITERIA"
Elevation
Altitude
correction
Coincident
Indoor winter
design dry-bulb
Indoor winter design
Outdoor winter design
'
Heating temperature dif-
facctof
wct bulb
temperature
dry-bulb temperature
dry-bulb temperature
ferenec
10 FEET

1.0 67
70 70
43 30°
Indoor summer
Indoor summer
Latitude
Daily range
design relative
design relative
Indoor summer design
Outdoor summer design
Cooling temperature dif-
humidity
humidity
dry-bulb temperature
dry-bulb temperature
fcrence

33.608
12 50
1 50
1 75
80 1 15°
Section 15.05.090 Amendment to Table R301.2 Footnote g.

Table R301.2 footnote g is amended to read as follows:

Section Table R301.2 Footnote g. Refer to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) dated March 21, 2019; Flood Insurance Study (FIS Profile) effective date of revision: March 21, 2019; Community number:
060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, 404, 406 and 408; Suffix "K"; Initial NFIP map date: March 15, 1974; and Initial FIRM date: September 1, 1978.
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Section 15.05.100 Amendment to Section R301.2.4.

Section R301.2.4 is amended to read as follows:

Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the City of Newport Beach Municipal Code Chapter

15.50, FLOODPLAIN MANAGEMENT and Section R322. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.

R301.2.4.1 Alternate provisions. As an alternate to the requirements in Section R322 and the City of Newport Beach Municipal Code Chapter

15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein.

Section 15.05.110 Amendment to Section R309.3.

Section R309.3 is amended to read as follows:

Section R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table R301.2, garage floors shall be:

1. Elevated' to or above the design flood elevation as determined in accordance with Section R322 and the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

2. Located below the design flood elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of Section R322 and the City of Newport Beach Municipal Code Chapter 15.50, Floodplain, Management and are otherwise constructed in accordance with this code.

Section 15.05.120 RESERVED.
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Section 15.05.130 RESERVED.

Section 15.05.140 RESERVED.

Section 15.05.150 RESERVED.

Section 15.05.160 RESERVED.

Section 15.05.170 RESERVED.

Section 15.05.180 Deletion of Section R313.

Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.090.

Section 15.05.190 Amendment to Section R319.1.

Section R319.1 is amended as follows:

Section R319.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property, and alley if adjacent to the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm).

Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Section 15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

Section R322 is amended to include the City of Newport Beach Municipal Code Chapter

15.50, Floodplain Management.
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Section 15.05.210 RESERVED.

Section 15.05.220 Deletion of Section R337.

Section R337 Materials and Construction Method of Exterior Wildfire Exposure is deleted in its entirety and replaced by California Building Code Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.030 through 15.04.070.

Section 15.05.230 Addition of Section R341.

Section R341 is added to read as follows:

SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wall and floor -ceiling assemblies separating dwelling units including those separating adjacent townhouse units shall provide air -borne sound insulation for walls and both air -borne and impact sound insulation for floor -ceiling assemblies per Section 1206 of the 2022 California Building Code, Title 24, Part

2. Section 15.05.240 Amendment to Section R401.4.

Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations.

Section 15.05.250 Deletion of Section R404.

Section R404 is deleted in its entirety.

Section 15.05.260 Amendment to Section R405.1.

Section R405.1 is amended by adding Exceptions to read as follows:

Exceptions:

1. A drainage system is not required when the foundation is installed on well - drained ground or sand -gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1. 21-47

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2. A foundation drainage system is not permitted for basement walls extending below high tide of the Newport Bay water elevation.

Section 15.05.270 RESERVED.

Section 15.05.280 RESERVED.

Section 15.05.290 Amendment to Section R902.

Section R902 is deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.110 through

15.04.120.

Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:

Sections:

Chapter 15.06

ELECTRICAL CODE

15.06.010 Adoption of the California Electrical Code.

15.06.020 RESERVED.

15.06.030 RESERVED.

15.06.040 Amendment to Article 358.10(A).

15.06.050 Amendment to Article 358.10(B).

Section 15.06.010 Adoption of the California Electrical Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Electrical Code based on the 2020 National Electrical Code, as published by the National Fire Protection Association.

The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 21-48

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Section 15.06.020 Reserved.

Section 15.06.030 Reserved.

Section 15.06.040 Amendment to Article 358.10(A).

Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. . The use of EMT shall be permitted for concealed work only.

Section 15.06.050 Amendment to Article 358.10(B)
Article 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel EMT, Elbows, and Fittings.

Galvanized steel, stainless steel, and red brass EMT elbows, couplings, and fittings shall be permitted to be installed in concrete, or in areas subject to severe corrosive influences where protected by corrosion protection and judged suitable for the condition.
(2) Supplementary Protection of Aluminum EMT. Aluminum EMT shall be provided with approved supplementary corrosion protection where encased in concrete.

Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:

Chapter 15.07

MECHANICAL CODE
Sections:

15.07.010 Adoption of California Mechanical Code.

15.07.020 Addition of Section 103.5.

15.07.030 Amendment of Section 107.1.

Section 15.07.010 Adoption of California Mechanical Code. 21-49

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The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Mechanical Code, based on the 2021 Uniform Mechanical Code, by the International Association of Plumbing and Mechanical Officials,.

The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.

Section 15.07.020 Addition of Section 103.5.

Section 103.5 is added to read as follows:

Section 103.5 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Chief Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Chief Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division.

Section 15.07.030 Amendment of Section 107.1.

Section 107.1 is amended in its entirety to read as follows:

Section 107.1 General. Appeals of the Chief Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals.

Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
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Chapter 15.08

PLUMBING CODE

15.08.010 Adoption of California Plumbing Code.

15.08.020 Addition of Section 103.5.

15.08.030 Amendment of Section 107.1.

Section 15.08.010 Adoption of California Plumbing Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A copy of the 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.

Section 15.08.020 Addition of Section 103.5.

Section 103.5 is added to read as follows:

Section 15.08.030 Amendment of Section 107.1.

Section 107.1 is amended in its entirety to read as follows:
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Section 107.1 General. Appeals of the Chief Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals.

Section 8: Chapter 15.09 (Residential Swimming Pool and Spa Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:

Sections:

Chapter 15.09

RESIDENTIAL SWIMMING POOL AND SPA CODE

15.09.010
Adoption of the International Pool and Spa Code.

15.09.020
Amendment to Section 101.1.

15.09.030
Amendment to Section 101.2.

15.09.040
Deletion of Sections 102 through 114.

15.09.050
Amendment to Section 201.3.

15.09.060
Amendment and addition to Section 202.

15.09.070
Amendment to Section 301.

15.09.080
Amendment to Section 302.1.

15.09.090
Amendment to Section 302.2.

15.09.100
Amendment to Section 302.5.

15.09.110
Amendment to Section 302.6.

15.09.120
Amendment to Section 303.1.

15.09.130
Deletion of Sections 303.1.1 through 303.3.

15.09.140
Deletion and replacement of Section 304.2.

15.09.150
Amendment to Section 305.1.

15.09.160
Rename and Amendment to Section 305.2.

15.09.170
Amendment to Section 305.2.1 Item 1.

15.09.180
Deletion and rename Section 305.2.4.

15.09.190
Amendment to Section 305.3.3.

15.09.200
RESERVED.

15.09.210
RESERVED.

15.09.220
Amendment to Section 305.5 Items 1 and 2.

15.09.230
Amendment to Section 306.1.

15.09.240
Amendment to Section 306.4.

15.09.250
Amendment to Table 306.5.

15.09.260
Amendment to Section 306.9.1.

15.09.270
Amendment to Section 307.1.1.
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15.09.280
Amendment to Section 307.1.3.

15.09.290
Amendment to Section 307.1.4.

15.09.300
Amendment to Section 307.2.2.

15.09.305
Amendment to Section 310.1 Exception #2.

15.09.310
Amendment to Section 316.4.

15.09.320
Amendment to Section 316.6.1.

15.09.330
Amendment to Section 318.2.

15.09.340
Amendment to Section 320.1.

15.09.350
Deletion of Sections 320.2 and 320.3.

15.09.360
Amendment to Section 321.

15.09.370
Deletion and rename Chapter 4.

15.09.380
Deletion and rename Chapter 5.

15.09.390
Deletion and rename Chapter 6.

15.09.400
Amendment to Section 703.1.

15.09.410
Amendment to Section 802.1.

15.09.420
Amendment to Section 802.2.

15.09.430
Amendment to Section 901.2.

15.09.440
Add Section 903.

15.09.450
Add Section 904.

15.09.460
Add Section 905.

15.09.470
Add Section 906.

15.09.480
Add Section 907.

Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2021 Edition of the International Swimming Pool and Spa Code and all national codes and standards referenced therein as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.
,Section 15.09.020 Amendment to Section 101.1.
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Section 101.1 is amended to read as follows:

Section 101.1 Title. These provisions shall be known as the Residential Swimming Pool and Spa Code of Newport Beach and shall be cited as such and will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.

Section 101.2 is amended to read as follows:

Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of residential pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.

Section 15.09.040 Deletion of Sections 102 through 114.

Sections 102 through 114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Newport Beach Municipal Code under Chapter 15.02, Administrative Code.

Section 15.09.050 Amendment to Section 201.3.

Section 201.3 is amended to read as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the California Building Code, California Energy Code,, California Fire Code, California Mechanical Code, California Plumbing Code or California Residential Code, such terms shall have the meanings ascribed to them as in those codes.

Section 15.09.060 Amendment and addition to Section 202.

Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL definitions are amended and add PRIVATE POOL and SWIMMING POOL OR SPA definitions to read as follows:
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RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed pool, permanent or portable, that is intended for noncommercial use as a swimming pool by not more than three owner families and their guest.

PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private pool.

PRIVATE POOL. See Residential Pool.

SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool' includes in - ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

Section 15.09.070 Amendment to Section 301.

Section 301 is amended to read as follows:

Section 301.1 Scope. The provisions of this chapter shall govern the general design and construction of residential pools and spas and related piping, equipment, and materials. Provisions that are unique to a specific type of residential pool or spa are located in Chapters 7 through 10.

Section 301.1.1 Application of Chapters 7 through 10. Where difference occur between the provisions of this chapter and the provisions of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall apply.

Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, this code, the 2022 California Building Code, or the 2022 California Residential Code, the Building Official shall implement the most restrictive measures cited.

Section 15.09.080 Amendment to Section 302.1.

Section 302.1 is amended to read as follows:

Section 302.1 Electrical. Electrical requirements shall comply with California Electrical Code.
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Section 15.09.090 Amendment to Section 302.2.

Section 302.2 is amended to read as follows:

Section 302.2 Water service and drainage. Piping and fittings used for water service, makeup and drainage piping for pools and spas shall comply with the California Plumbing Code. Fittings shall be approved for installation with the piping installed.

Section 15.09.100 Amendment to Section 302.5.

Section 302.5 is amended to read as follows:

Section 302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the California Plumbing Code.

Section 15.09.110 Amendment to Section 302.6.

Section 302.6 is amended to read as follows:

Section 302.6 Wastewater discharge. Where wastewater from pools or spas, such as backwash water from filters discharge to a building drainage system, the connection shall be through an air gap in accordance with the California Plumbing Code.

Section 15.09.120 Amendment to Section 303.1.

Section 303.1 is amended to read as follows:

Section 303.1 Energy consumption of pools and permanent spas. The energy consumption of pools and permanent spas shall comply with the California Energy Code.

Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.

Sections 303.1.1 through 303.3 are deleted in their entirety.

Section 15.09.140 Deletion and replacement of Section 304.2. 21-56

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Section 304.2 is deleted in its entirety and replace with:

Section 304.2 Floodplain Construction. Pools and spas constructed in special flood hazard areas shall comply with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

Section 15.09.150 Amendment to Section 305.1.

Section 305.1 is amended to read as follows:

Section 305.1 General The provisions of this section shall apply to the design of barriers for restricting the public from entry into areas having pools and spas.

Section 15.09.160 Rename and Amendment to Section 305.2.

Section 305.2 is renamed and amended to read as follows:

Section 305.2 Swimming pools and spas. Pools and spas shall be surrounded by a permanent barrier that complies with Sections 305.2.1 through the end of Section 305.

Section 15.09.170 Amendment to Section 305.2.1 Item 1.

Section 305.2.1 Item 1 is amended to read as follows:

1. The top of the barrier shall be not less than 60 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier.

Section 15.09.180 Deletion and rename Section 305.2.4.

Section 305.2.4 is deleted in its entirety and renamed to read as follows:

Section 305.2.4 Reserved
Section 15.09.190 Amendment to Section 305.3.3.

Section 305.3.3 is amended to read as follows:
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Section 305.3.3 Latch release. Where the door or gate latch release mechanism of the self -latching device is located less than 60 inches from grade, the release mechanism shall be located on the pool or spa side of the gate not less than 3 inches below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch within 18 inches of the release mechanism.

Section 15.09.200 RESERVED.

Section 15.09.210 RESERVED.

Section 15.09.220 Amendment to Section 305.5 Items 1 and 2.

Section 305.5 Items 1 and 2 are amended to read as follows:

1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 60 inches above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.

2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 60 inches above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.

Section 15.09.230 Amendment to Section 306.1.

Section 306.1 is amended to read as follows:

Section 306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the California Residential Code or the California Building Code and this section.

Section 15.09.240 Amendment to Section 306.4.

Section 306.4 is amended to read as follows:

Section 306.4 Deck steps handrail required. Pool and spa deck steps having three or more risers shall be provided with a handrail.

Section 15.09.250 Amendment to Table 306.5.
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Table 306.5 is amended to read as follows:

TABLE 306.5

MINIMUM DRAINAGE SLOPES FOR DECK SURFACES

SURFACE

MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
1,
Exposed aggregat
1r4
Textured. hand -finished concrete
1/8
Travertineibrick-set paters, public pools or spas
3/8
Travertine/brick-set pavers, residential pools or spas
1!S
Wood
11s
'Viroodplastic composite
1/s
For SL- 1 inch = 25.4 mail 1 foot = 304.8 aim_
Section 15.09.260 Amendment to Section 306.9.1.

Section 306.9.1 is amended to read as follows:

Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the California Plumbing Code.

Section 15.09.270 Amendment to Section 307.1.1.

Section 307.1.1 is amended to read as follows:

Section 307.1.1 Glazing in hazardous locations. Hazardous locations for glazing shall be as defined in the California Building Code or the California Residential Code, as applicable. Where glazing is determined to be in a hazardous location, the requirements for the glazing shall be in accordance with those codes, as applicable.

Section 15.09.280 Amendment to Section 307.1.3.

Section 307.1.3 is amended to read as follows:

Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas shall be in accordance with the California Building Code or California Residential Code, as applicable, and shall be constructed so as to prevent water runoff into the pool or spa.

Section 15.09.290 Amendment to Section 307.1.4.
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Section 307.1.4 is amended to read as follows:

Section 307.1.4 Accessibility. An accessible route to pools and spas of new common use areas serving covered multi -family dwellings shall be provided in accordance with the Chapter 11A of California Building Code. Accessibility within pools and spas shall be provided as required by Chapter 11A of California Building Code.

Section 15.09.300 Amendment to Section 307.2.2.

Section 307.2.2 is amended to read as follows:

Section 307.2.2 Materials and structural design. Pools and spas shall conform to one or more of the standards indicated in Table 307.2.2. The structural design of pools and spas shall be in accordance with the California Building Code.

Section 15.09.305 Amendment to Section 310.1 Exception #2.

Section 310.1 Exception #2 is amended to read as follows:

2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate 100 percent of the circulations system flow rate.

Section 15.09.310 Amendment to Section 316.4.

Section 316.4 is amended to read as follows:

Section 316.4 Installation. Heaters shall be installed in accordance with the manufacturer's specifications and the California Plumbing Code, California Mechanical Code, California Energy Code, California Electrical Code, as applicable. Solar thermal water heaters shall be installed in accordance with Section 316.6.

Section 15.09.320 Amendment to Section 316.6.1.

Section 316.6.1 is amended to read as follows:
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Section 316.6.1 Installation. Solar thermal water heaters shall be installed in accordance with the California Mechanical Code.

Section 15.09.330 Amendment to Section 318.2.

Section 318.2 is amended to read as follows:

Section 318.2 Protection of potable water supply. Potable water supply systems shall be designed, installed and maintained so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross -connections or other piping connections to the system. Means of protection against backflow in the potable water supply shall be provided through an air gap complying with ASME Al12.1.2 or by a backflow prevention assembly in accordance with the California Plumbing Code.

Section 15.09.340 Amendment to Section 320.1.

Section 320.1 is amended to read as follows:

Section 320.1 Backwash water or draining water. Wastewater from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type of receptor and subsequently into a public sewer.

The flood level rim of such receptor shall be at least 6 inches above the Design Flood Elevation (DFE) indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM). Direct connections shall not be made between the end of the backwash line and the disposal system. Drains shall discharge through an air gap.

Section 15.09.350 Deletion of Sections 320.2 and 320.3.

Sections 320.2 and 320.2 are deleted in their entirety.

Section 15.09.360 Amendment to Section 321.

Section 321 is deleted in its entirety and replace with the following:

Section 321.1 General. The provision of Section 321.2 shall apply to lighting for residential pools and spas.
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Section 321.2 Residential pool and deck illumination. Where lighting is installed for, and in, residential pools and permanent residential spas, such lighting shall be installed in accordance with California Electrical Code.

Section 15.09.370 Deletion and Rename of Chapter 4.

Chapter 4 is deleted in its entirety and renamed to read as follows:

Chapter 4 Reserved.

Section 15.09.380 Deletion and Rename of Chapter 5.

Chapter 5 is deleted in its entirety and renamed to read as follows:

Chapter 5 Reserved.

Section 15.09.390 Deletion and Rename of Chapter 6.

Chapter 6 is deleted in its entirety and renamed to read as follows:

Chapter 6 Reserved.

Section 15.09.400 Amendment to Section 703.1.

Section 703.1 is amended to read as follows:

Section 703.1 General. Decks provided by the pool manufacturer shall be installed in accordance with the manufacturer's instructions. Decks fabricated on - site shall be in accordance with the California Residential Code.

Section 15.09.410 Amendment to Section 802.1.

Section 802.1 is amended to read as follows:

Section 802.1 Materials of components and accessories. The materials of components and accessories used for permanent inground residential swimming pools shall be suitable for the environment in which they are installed. The materials shall be capable of fulfilling the design, installation and the intended use requirements in the California Residential Code.
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Section 15.09.420 Amendment to Section 802.2.

Section 802.2 is amended to read as follows:

Section 802.2 Structural design. The structural design and materials shall be in accordance with the California Building Code.

Section 15.09.430 Amendment to Section 901.2.

Section 901.2 is amended to read as follows:

Section 901.2 General. In addition to the requirements of this chapter, residential spas and residential exercise spas shall comply with the requirements of Chapter

3. Section 15.09.440 Add Section 903.

Section 903 is added as follows:

Section 903 MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas.

Section 15.09.450 Add Section 904.

Section 904 is added as follows:

Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be 4 feet measured from the design waterline. The water depth for exercise spas shall not exceed 6 feet 6 inches measured from the design waterline. 904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches measured from the design waterline to the lowest measurable point. 21-63

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904.3 Floor slope_. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). Where multilevel floors are provided,, the change in depth shall be indicated.

Section 15.09.460 Add Section 905.

Section 905 is added as follows:

Section 905 RETURN AND SUCTION FITTINGS
905.1 Return fittings. Return fittings shall be provided and arranged to facilitate a uniform circulation of water and maintain a uniform sanitizer residual throughout the entire spa or exercise spa.
905.2 Suction fittings. Suction fittings shall be in accordance with Sections 905.2.1 through 905.2.4.
905.2.1 Testing and certification. Suction fittings shall be listed and labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in accordance with the manufacturer's specifications. Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose.
905.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section 310.
905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance with Section 310.

Section 15.09.470 Add Section 906
Section 906 is added as follows:

Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 General. This section pertains to fuel -fired and electric appliances used for heating spa or exercise spa water.
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906.2 Water temperature controls. Components provided for water temperature controls shall be suitable for the intended application. 906.2.1 Water temperature regulating controls. Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall be provided to indicate the water temperature in the spa.

Exception: Water temperature regulating controls that are integral to the heating appliance and listed in accordance with the applicable end use appliance standard.
906.2.2 Water temperature limiting controls. Water temperature limiting controls shall comply with UL 873 or UL 372. Water temperature at the heater return outlet shall not exceed 140°F (60°C).

Section 15.09.480 Add Section 907.

Section 907 is added as follows:

Section 907 WATER SUPPLY
907.1 Water temperature. The temperature of the incoming makeup water shall not exceed 104°F (40°C).

Section 9: Chapter 15.11 (Green Building Standards Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:

Sections:

Chapter 15.11

GREEN BUILDING STANDARDS CODE

15.11.010 Adoption of the California Green Standards.

Section 15.11.010 Adoption of the California Green Standards Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Green Building Standards Code. 21-65

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The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Green Standards Code. A copy of the 2022 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 10: Chapter 15.13 (Historical Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:

Sections:

Chapter 15.13

HISTORICAL BUILDING CODE

15.13.010 Adoption of the California Historical Building Code.

Section 15.13.010 Adoption of the California Historical Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Historical Building Code, California Code of regulations Title 24, Part 8 and all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 2022 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:

Sections:

Chapter 15.14

EXISTING BUILDING CODE

15.14.010 Adoption of California Existing Building Code.

Section 15.14.010 Adoption of the California Existing Building Code. 21-66

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The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Existing Building Code, California Code of Regulations Title 24 Part 10, Appendix A, Chapter A-1, A-2 and A-3,_and all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2022 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:

Sections:

Chapter 15.17

ENERGY CODE

15.17.010 Adoption of the California Energy Code.

Section 15.17.010 Adoption of the California Energy Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Energy Code, California Code of Regulations Title 24, Part 6 and all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2022 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.

Section 13: Portions of Chapter 15.19 (Electric Vehicle Charging Stations) of the Newport Beach Municipal Code are amended as follows:

Section 15.19.010 Amendment to Section 15.19.010 Purpose.

Section 15.19.010 is hereby amended to read as follows:
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The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with Assembly Bill (AB) 1236 (Chapter 598, Statutes 2015) and Assembly Bill (AB) 970 (Chapter 710, Statutes 2021) to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this chapter encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. The provisions of this chapter further allow the City to achieve these goals while. protecting the public's health, welfare and safety.

Section 15.19.060 Amendment to Section 15.19.060 Permit Review Requirements to add items I and J.

Section 15.19.060 is hereby amended by the addition of the following items:

I. The following timeline is established for the application for permits for electric vehicle charging stations.

1. An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in 15.19.060(I)(2) has elapsed, both of the following are true:
a. The Building Official has not deemed the application complete, consistent with the checklist created by the. City pursuant to Section 15.19.050. b. The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with 15.19.060(H):

2. For the purposes of 15.19.060(I)(1) "Applicable time period means" either of the following:
a. Five business days after submission of the application to the City, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
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b. Ten business days after submission of the application to the City, if the application is for more than 25 electric vehicle charging stations at a single site.

J. The following timeline is established for the approval for permits for electric vehicle charging stations.

1. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in 15.19.060(J)(2) has elapsed and all of the following are true:
a. The Building Official has not administratively approved the application pursuant to 15.19.060(A).
b. The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact -upon the public health or safety or required the applicant to apply for a use permit pursuant to 15.19.060(B).
c. The Building Official has not denied the permit pursuant to 15.19.060(D). d. An appeal has not been made to the Planning Commission pursuant to

15.19.060(E).

2. For the purposes of 15.19.060(J)(1) "Applicable time period means" either of the following:
a. Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
b. Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

Section 14: Portions of Chapter 15.50 (Floodplain Management) of the Newport Beach Municipal Code are amended as follows:

Section 15.50.050 Amendment to Section 15.50.050 Definitions. 21-69

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Section 15.50.050 is hereby amended to add the following definitions "Base Flood Elevation" Elevation of flooding, including wave height, having a 1 % chance of being equaled or exceeded in any given year.
"Design Flood Elevation" The design flood elevation shall be used to define flood hazard areas. At a minimum, the design flood elevation shall be the higher of the following:

1.The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a 1-percent (100-year flood) or greater chance of being equaled or exceeded in any given year plus one foot of freeboard.

2.The elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated.

Section 15.50.070 Amendment to Section 15.50.070 Basis for Establishing the Areas of Special Flood Hazard.

Section 15.50.070 is hereby amended to read as follows:

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Orange County, California and Incorporated Area" dated revised March 21, 2019, with accompanying Flood Insurance Rate Maps (FIRMs), dated revised March 21, 2019, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and all subsequent amendments and/or revisions, and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter, and which are recommended to the City Council by the Floodplain Administrator. The FIS and the FIRM is are on file at the Office of the Community Development Department at 100 Civic Center Drive, Newport Beach, California 92660.

Section 15.50.200 Amendment to Section 15.50.200 Standards of Construction.

Section 15.50.200 is hereby amended to read as follows:
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In all areas of special flood hazards, all new construction, all substantial improvements of structures, including, but not limited to, a structure used for a residential or nonresidential use, or any manufactured home, shall meet the following standards:

A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods.

1. With materials and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. 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

4. For AH or AO Zones, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

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d. In all other zones, elevated to or above the design flood elevation per Section 15.50.070.
e. 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 flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must exceed the following minimum criteria:
i. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Emergency Management Agency; or
ii. Have a minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding where the enclosed area is measured on the exterior of the enclosure walls.

The bottom of all openings shall be no higher than one foot above the higher of the final interior grade or floor and the finished exterior grade immediately under each opening. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided:, that they permit the automatic entry and exit of flood water. Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirements of this section.
f. 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.

2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsections (C)(1)(a), (b) and (c) of this section o'r together with attendant utility and sanitary facilities:
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a. Be floodproofed below the elevation recommended under subsections (C)(1)(a), (b) and (c) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. 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.

3. Manufactured Homes. Manufactured homes that are placed or substantially improved shall be elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

D. 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 Newport Beach Administrative Code, adopted in Section 15.02.010. In addition to submittals required by the Newport Beach 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:

1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; i

2. Proposed elevation, in relation to NAVD, to which any structure will be floodproofed;

3. All appropriate certifications listed in Section 15.50.150;

4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and

5. Plans for any walls to be used to enclose space below the base flood levels.

E. Floodways. Encroachments, including fill, new construction, substantial improvements, and other development within floodways are prohibited, unless it has been 21-73

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demonstrated to the satisfaction of the Floodplain Administrator through hydrologic and hydraulic analysis performed and certified by a registered civil engineer in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge.

Section 15.50.210 Amendment to Section 15.50.210 Standards for Utilities.

Section 15.50.210 is hereby amended to read as follows:

A. 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 using the following minimum requirements or similar methods:

1. Electrical service conduits and cables below the design flood elevation shall be waterproofed or conform to the provisions of the electrical code for wet locations

2. Panelboards, load centers, main disconnect switches, and all circuit breakers shall be located above and be accessible from above the Design Flood Elevation.

3. Plumbing systems and components, including plumbing fixtures, shall be elevated above the design flood elevation. The openings shall be protected with automatic backwater valves or other automatic backflow devices. Devices shall be installed in each line that extends below the design flood elevation to prevent release of sewage into floodwaters and to prevent infiltration by floodwaters into the plumbing.

4. Ductwork and ductwork insulation shall be at or above the design flood elevation unless designed, constructed, and installed to resist all flood -related loads and to prevent floodwater from entering or accumulating within the ductwork.

5. Air intake openings and exhaust outlets shall be at or above the design flood elevation.

6. All elevator components shall be located above the design flood elevation B. 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.
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C. On -site waste disposal systems shall be located above the design flood elevation to avoid impairment to them or contamination from them during flooding.

Section 15.50.230 Amendment to Section 15.50.230 Coastal High Hazard Areas.

Section 15.50.230 is hereby amended to read as follows:

Within coastal high hazard areas, Zones V, V1-30, and VE, as delineated in the FIS and FIRM, the following standards shall apply:

A. All new residential and nonresidential construction, including substantial improvement/damage, and manufactured homes shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural members of the lowest floor (excluding the pilings and columns) is elevated to or above the design flood elevation. The pile or 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 California Building Code.

B. All new construction and other development shall be located on the landward side of the reach of mean high tide.

C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section

15.50.050. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. Elevator shafts in Coastal High Hazard Areas and Coastal A Zones are not required to have breakaway walls and shall comply with FEMA Technical Bulletin 4, Elevator Installation (latest edition).

D. Fill shall not be used for structural support of buildings.

E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

F. The Floodplain Administrator shall obtain and maintain the following records:

1. Certification by a registered engineer or land surveyor that a proposed structure complies with subsection (A) of this section; 21-75

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2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal 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: Except as expressly modified herein, all other provisions, terms and sections set forth in Title 15 shall remain unchanged and shall be in full force and effect.

Section 16: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 17: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 18: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the code amendment will not result in a reasonably foreseeable physical change to the environment. The proposed action is also exempt from the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This code amendment itself does not authorize development that would directly result in physical change to the environment.

Section 19: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 21-76

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Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 15th day of November 2022, and adopted on the 29' day of November 2022, by the following vote, to -wit:

AYES:

NAYS:

ABSENT:

KEVIN MULDOON, MAYOR
ATTEST:

Leilani I. Brown, City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
21-77

Attachment C
Redline Version of the California Building Standards Code and, Other Related Code Amendments
21-78

Title 15
BUILDINGS AND CONSTRUCTION*
Chapters:

15.02 Administrative Code

15.03 International Property Maintenance Code

15.04 Building Code

15.05 Residential Code

15.06 Electrical Code

15.07 Mechanical Code

15.08 Plumbing Code

15.09 Residential Swimming Pool and Spa Code

15.10 Excavation and Grading Code

15.11 Green Building Standards Code

15.12 Post -Disaster Safety Assessment Placards
and Standard for Repair of Damaged
Structures

15.13 Historical Building Code

15.14 Existing Building Code

15.15 Report of Residential Building Records

15.16 Sign Code

15.17 Energy Code

15.18 Solar Systems

15.19 Electric Vehicle Charging Stations

15.20 House Moving

15.28 Abatement of Substandard Buildings

15.32 Underground Utilities

15.37 Approval in Concept Permit

15.38 Fair Share Traffic Contribution Ordinance

15.40 Traffic Phasing Ordinance

15.42 Major Thoroughfare and Bridge Fee
Program

15.45 Development Agreements

15.50 Floodplain Management

15.55 Methane Overlay Zone

15.60 Construction Site Fencing and Screening

15.65 Santa Ana Heights Redevelopment
* Application for sewer connections —See Chapter 14.24. 501
(Newport Beach 6-20)
21-79

(Newport Beach 6-20)

15.75 Standard Specifications for Public Works
Construction

15.80 Building and Fire Board of Appeals
502
21-80

15.02.010
Chapter 15.02

ADMINISTRATIVE CODE
Sections:

15.02.010 Adoption of the Administrative
Code.

15.02.020
Amendment to Section 101.1.

15.02.030
Amendment to Section 101.4.3.

15.02.040
Amendment to Section 101.4.4.

15.02.050
Amendment to Section 102.6.

15.02.060
Amendment to Section 102.7.

15.02.070
Amendment to Section 103.1.

15.02.080
Amendment to Section 105.2.

15.02.085
Addition of Section 105.3.1.1.

15.02.090
Amendment to Section 105.3.2.

15.02.095 Addition of Sections 105.3.3,
105.3.4 and 105.3.5.

15.02.100 Amendment to Section 105.5.

15.02.110 Amendment to Section 109.4.

15.02.120 Addition of Section 117.

15.02.010 Adoption of the Administrative
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section,
Chapter 1, Division II of the 2019-2022 Edition of
the Cal- ifornia Building Code as published by the
Interna- tional Code Council.

The various parts of this chapter, including addi-
tions, amendments and deletions adopted in this sec-
tion, shall constitute and be known as the Newport
Beach Administrative Code. A copy of the 291-9
2022 Cal—ifornia Building Code printed in code
book form shall be kept on file in the office of the
Building Official pursuant to Health and Safety
Code Section 18942(d)(1) and are made available
for public inspection on file i the offiee of the City
Clerl.(Ord. 2019-17 § 1 (part), 2019)

15.02.020 Amendment to Section 101.1.

Section 10 1. 1 is amended to read as follows:

Section 101.1 Title. These regulations shall
be known as the Newport Beach Administrative
Code, hereinafter referred to as "this code."
(Ord. 2019-17 § 1 (part), 2019)

15.02.030 Amendment to Section 101.4.3.

Section 101.4.3 is amended to read as follows:

Section 101.4.3 Plumbing. The provisions
of the California Plumbing Code shall apply to the
installation, alteration, repair and replacement of
plumbing systems, including equipment, appli-
ances, fixtures, fittings and appurtenances, and
where connected to a water or sewage system and
all aspects of a medical gas system.
(Ord. 2019-17 § 1 (part), 2019)

15.02.040 Amendment to Section 101.4.4.

Section 101.4.4 is amended to read as follows:

Section 101.4.4 Property maintenance.

The provisions of the 2 18-2021 International
Property Maintenance Code shall be adopted as
the New- port Beach Property Maintenance Code
and shall apply to existing structures and
premises; equip- ment and facilities; light,
ventilation, space heat- ing, sanitation, life and
fire safety hazards; responsibilities of owners,
operators and occu- pants; and occupancy of
existing premises and structures.
(Ord. 2019-17 § 1 (part), 2019)

15.02.050 Amendment to Section 102.6.

Section 102.6 is amended to read as follows:

Section 102.6 Existing structures. The
legal occupancy of any structure existing on the
date of adoption of this code shall be permitted to
continue without change, except as otherwise spe-
cifically provided in this code, the California
Existing Building Code, the International Prop-
erty Maintenance Code, California Building
Code, the California Residential Code, or the Cal-
ifornia Fire Code, or as deemed necessary by the
Chief Building Official.
(Ord. 2019-17 § 1 (part), 2019)
503 (Newport Beach 6-20)
21-81

15.02.60 Amendment to Section 102.7.

Section 102.7 is amended to read as follows:

Section 102.7 Remodel or renovation. If
the valuation of the permit for the remodel or
ren-
(Newport Beach 6-20)
504
21-82

15.02.070
ovation of a building is equal to or exceeds 50 per-
cent of the market value of such building, then the
entire building shall comply with the Code provi-
sions for new construction.

Exceptions:

This provision does not apply for permit
valuations less than $279320,700;

2. This provision does not apply to projects
that meet the criteria set forth in Section

20.38.060(A)(3) and are not located in a Special
Flood Hazard Area per the latest revision of the
Federal Insurance Rate Map.

3. The Chief Building Official is authorized
to accept less than the requirements for new con-
struction if substantial conformance to the
requirements is found and the protection of life
and property are maintained.
(Ord. 2020-4 § 1, 2020: Ord. 2019-17 § 1 (part),
2019)

15.02.070 Amendment to Section 103.1.

Section 103.1 is amended to read as follows:

Section 103.1 Creation of enforcement
agency. The Building Division is hereby created
and the official in charge thereof shall be known
as the Chief Building Official. The function of
the agency shall be the implementation,
administration and enforcement of the provisions
of this code.
(Ord. 2019-17 § 1 (part), 2019)

15.02.080 Amendment to Section 105.2.

Subsection 2 of the portion entitled "Building" in
Section 105.2 is amended to read as follows:

2. Masonry or concrete fences not over 3.5
feet (1066.8 mm) high above lowest adjacent
grade and not within 3 feet of the property line,
and all other fences not over 6 feet (1,828.8 mm)
in height above lowest adjacent grade except
when used as a pool barrier.

Subsection 9 of the portion entitled "Building" in
Section 105.2 is amended to read as follows:

9. Pam -Prefabricated swimming pools,
hot tubs spas accessory to a Group R-3
occupancy, or water features containing less than
18 inches of water depth, do not exceed 5,000
gallons and are installed entirely above ground;
unless otherwise required by other provisions of
the code.
(Ord. 2019-17 § 1 (part), 2019)

15.02.085 Added Section 105.3.1.1.

Section 105.3.1.1 is added to read as follows:

Said deposit shall be returned to the permittee, minus
administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the
submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste
enterprise is not used to handle, remove and dispose of all demolition wastes.

If the building official finds that the work described
in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 109 have been paid and that a
franchised solid waste enterprise is being used, the
building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the Municipal
Operations Division no less than twenty-four hours or
more than seventy-two hours in advance of its intent to commence demolition and provide the name of the
franchised solid waste enterprise that will conduct the demolition activities. Any haulingor r disposal of
505 (Newport Beach 6-20)
21-83

demolition and construction wastes by other than
the identified franchised solid waste enterprise
shall subject t the project to suspension of work as
authorized in this code.

15.02.090 Amendment to Section 105.3.2.

Section 105.3.2 is amended to read as follows:

Section 105.3.2 Time limitation of
appli- cation. An application for a
permit for any pro- posed work shall be
deemed to have been aban- doned 180
days after the date of filing, unless such
application has been pursued in good
faith or a permit has been issued; except
that the Chief Building Official is
authorized to grant one or more
extensions of time for additional periods
not exceeding 180 days each. The
extension shall be requested in writing
and justifiable cause demon- strated.
(Ord. 2019-17 § 1 (part), 2019)

15.02.095 Addition of Sections 105.3.3,
105.3.4 and 105.3.5.

Section 105.3.3 is added to read as follows:

Section 105.3.3 Time limit on
permitted construction.

For any one -unit or two -unit
dwelling for which a tentative and final
tract map is not required, the maximum
allowable time to com- plete construction
for any work that requires a building
permit including, but not limited to, any
construction, reconstruction,
rehabilitation, reno- vation, addition(s),
modification(s), improve- ment(s), or
alteration(s), shall be limited to three
(3) years, unless an extension is granted
in accor- dance with Section 105.3.4.

For building permits issued on or
after June 1, 2019, the time limit to
complete construction
(Newport Beach 6-20)
506
21-84

15.02.095
shall begin on the date of issuance of the first or
original building permit. For building permits
issued prior to June 1, 2019, the time limit to com-
plete construction shall be three (3) years from
June 1, 2019.

Final inspection and approval of the con-
struction work by the City shall mark the date of
construction completion for purposes of Section

15.02.95. Time limits set forth herein shall not
be extended by issuance of a subsequent building
permit(s) for the same project.

Section 105.3.4 is added to read as follows:

Section 105.3.4 Extension of time limit to
complete construction.

The maximum allowable time to complete
construction, as set forth in Section 105.3.3, may
be extended as follows:

Application for Extension to Building
Official.
a) A property owner, or authorized agent of
the property owner, may request an extension by
filing with the Building Official, in writing and on
a form provided by the Building Official, an
application for extension which sets forth: (i) the
address of the project site; (ii) the name of the
applicant and property owner; (iii) when the first
or original building permit was issued; (iv) the
length of time extension requested, which shall
not be greater than three hundred and sixty-five
(365) calendar days; (v) how many previous
extensions have been granted; (vi) the basis for
the requested extension; (vii) the new end project
date if the application is approved; (viii) a brief
description of the improvements that are the sub-
ject of the application; and (ix) any other informa-
tion requested by the City.
b) Unless authorized by the Building Offi-
cial in writing, an application for extension shall
be submitted no later than forty-five (45) calendar
days prior to the expiration of the building permit.

The application for extension to the Building
Official shall be accompanied the fee set forth in
the City's master fee schedule.
c) Within forty-five (45) days of a request
for extension, the Building Official may ministe-
rially grant, conditionally grant or deny a request
for extension for a period not to exceed three hun-
dred sixty-five (365) calendar days. The Building
Official shall only grant an extension if he/she
determines adequate progress has been made
towards completion of construction and the
request for extension is necessary for its comple-
tion. The decision of the Building Official shall be
final and non -appealable.

2. Application for Additional Extension(s).
a) If construction of the project has not been
completed within the timeframe authorized by the
Building Official, a property owner, or authorized
agent of the property owner, may request an addi-
tional extension by filing with the City Clerk, in
writing and on a form provided by the City Clerk,
an application for extension which sets forth: (i)
the address of the project site; (ii) the name of the
applicant and property owner; (iii) when the first
or original building permit was issued; (iv) the
length of time extension requested, which shall
not be greater than one hundred and eighty (180)
calendar days; (v) how many previous extensions
have been granted; (vi) the basis for the requested
extension; (vii) the new end project date if the
application is approved; (viii) a brief description
of the improvements that are the subject of the
application; and (ix) any other information
requested by the City.
b) Unless authorized by the Building Offi-
cial in writing, an application for extension shall
be submitted no later than forty-five (45) calendar
days prior to the expiration of the building permit.
c) An application for extension filed with
the City Clerk shall be accompanied by a hearing
and noticing fee identified in the City's master fee
schedule.
505 (Newport Beach 4-22)
21-85

15.02.095

3. Scheduling and Noticing.
a) For an application for an additional
extension set forth in subsection 2), a Hearing
Officer, designated by the City Manager, shall
hear and decide whether a second application for
extension, or third application for extension, shall
be granted, conditionally granted, or denied. The
City Council shall hear and decide whether any
additional application for extension shall be
granted, conditionally granted or denied. The
applicable hearing body shall be referred to herein
as the "review authority."
b) For any application for extension to be
heard by a Hearing Officer, the City Manager
shall appoint a Hearing Officer with the requisite
qualifications and experience to consider the
application for extension. The Hearing Officer
shall not be a City employee and the employment,
performance evaluation, compensation and bene-
fits of the Hearing Officer, if any, shall not be con-
ditioned, either directly or indirectly, upon the
outcome of any decision by the Hearing Officer.

Within seven (7) calendar days of the City
Clerk's receipt of an application for extension, the
City Manager or his/her designee shall notify the
applicant of the name of the Hearing Officer in
accordance with Section 1.08.080. If the applicant
wishes to challenge the designated Hearing Offi-
cer, the applicant shall have seven (7) calendar
days from the date of service of the notice to sub-
mit to the City Manager a request, in writing, to
disqualify the Hearing Officer, which sets forth
the basis for disqualification. A Hearing Officer
may only be disqualified for: (i) bias; (ii) preju-
dice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing
of good cause under the laws of the State of Cali-
fornia.

The City Manager will review any request
for disqualification and make a decision as to
whether a Hearing Officer shall be disqualified.

The City Manager's decision shall be final. If the
City Manager disqualifies a Hearing Officer, the
(Newport Beach 4-22)
R11Z'!
City Manager shall designate a new Hearing Offi-
cer in accordance with the procedures in this sub-
section.
c) The applicant shall be notified of the time
and place set for the hearing of the application, in
accordance with Section 1.08.080, at least ten (10)
calendar days prior to the date of the hearing. All
hearings on an application to be heard by the
review authority shall be noticed in the following
manner:
(i) Mailed to property owners within three
hundred (300) feet of the project site that is the
subject of the application, at least ten (10) calen-
dar days in advance of the hearing. The notice
shall contain: the address of the project site; the
length of time extension requested; the new end
project date if the application is approved; the
name of the applicant and property owner; a brief
description of the improvements; the date, time,
and place of the hearing; and a statement inform-
ing the person they have the ability to attend the
hearing and provide comments; and
(ii) Posted by the applicant at the project
site, that is the subject of the application, at least
ten (10) calendar days before the scheduled hear-
ing. The size, location and number of sign(s) shall
be posted as determined by the City Manager or
his/her designee. The applicant shall be responsi-
ble for maintaining the sign(s) in a satisfactory
condition and shall remove all sign(s) within
twenty-four (24) hours following the conclusion
of the hearing.

The failure of any person or entity to receive
notice given in compliance with this subsection
shall not invalidate the actions of the applicable
review authority.

4. Conduct of Hearing.
a) A hearing shall be held at the date, time,
and place for which notice was given.
21-86

15.02.100
b) The review authority shall only consider
evidence and testimony, presented by the appli-
cant or any other interested person, relevant to
whether: (i) special circumstances warrant an
extension of time; (ii) the failure to meet the time
limit was caused by circumstances beyond the
property owner's, applicant's or their contractor's
control; and (iii) any approval should contain con-
ditions to ensure timely completion of the project
in a manner that limits impacts on surrounding
property owners. Any documents submitted by
City staff shall constitute prima facie evidence of
the respective facts contained in those documents.
c) The review authority may grant, or con-
ditionally grant, up to a one hundred and eighty
(180) calendar day extension, per application for
extension, if it finds special circumstances war-
rant an extension of time or the failure to meet the
time limit was caused by circumstances beyond
the property owner's, applicant's or their contrac-
tor's control. If the review authority makes the
findings to grant an extension, the review author-
ity shall consider whether conditions are neces-
sary to ensure timely completion of the project in
a manner that limits impacts on surrounding prop-
erty owners. The review authority shall deny the
application if it cannot make the findings set forth
in this subsection.
d) A hearing may be continued without fur-
ther notice, provided the Hearing Officer or chair
of the review authority announces the date, time,
and place to which the hearing will be continued
before the adjournment or recess of the hearing.
e) The review authority may announce a
tentative decision and defer its action on a final
decision until appropriate findings and/or condi-
tions of approval have been prepared.
f) The review authority shall issue a written
decision, setting forth its findings, and the deci-
sion shall be final and effective on the date the
decision is made, unless otherwise specified by
the review authority. The review authority shall
provide the City Clerk with its final decision
within three (3) calendar days of the date of deci-
sion and the City Clerk shall mail a copy of the
final decision to the applicant within ten (10) cal-
endar days of receipt of the final decision.

5. Judicial Proceeding.

Nothing herein shall prohibit the Building
Official from issuing a building permit or extend-
ing a building permit if the extension is a term of
an enforceable settlement agreement between the
City and the property owner or a term of a court
order/judgment.

6. Judicial Review.

The decision of the review authority shall
not be appealable to any City body. A person shall
not seek judicial review related to any application
for extension until the person has first exhausted
all administrative procedures set forth in Section

15.02.095.

Section 105.3.5 is added to read as follows:

Section 105.3.5 Correlation with Codes.

Sections 105.3.3 or 105.3.4 limit the total
time to complete construction and shall not
relieve any person or entity from complying with
any other applicable provision of federal, state or
local law including, but not limited to, construc-
tion related laws adopted by the City.
(Ord. 2022-8 § 1, 2022; Ord. 2019-17 § 1 (part),
2019)

15.02.100 Amendment to Section 105.5.

Section 105.5 is amended to read as follows:

Section 105.5 Expiration. Every permit
issued shall become invalid unless the work on the
site authorized by such permit is commenced
within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended
or abandoned for a period of 180 days after the
date of the last recorded inspection. Before such
507 (Newport Beach 4-22)
21-87

15.02.110
work can recommence, a new permit shall be
obtained and the permittee shall pay a new permit
fee except for permits for suspended or aban-
doned work where inspections were previously
recorded the fee shall be one half the amount
required for a new permit for such work, provided
no changes have been made or will be made in the
original approved plans and specifications for
such work; and provided further that such suspen-
sion or abandonment has not exceeded one year.

Permits shall not be renewed more than once.

The building official is authorized to grant, in
writing, one or more extensions of time, for
periods not more than 180 days each. The
extension shall be requested minimum 15 days
prior to the permit expiration in writing and
justifiable cause demon- strated.
(Ord. 2019-17 § 1 (part), 2019)

15.02.110 Amendment to Section 109.4.

Section 109.4 is amended to read as follows:

The investigation fee shall be collected whether or
not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of
the permit fee required in the City Council fee res-
olution. The payment of such investigation fee
shall not exempt an applicant from compliance
with all applicable provisions of either this code,
referenced standards, or the technical codes nor
from the penalty prescribed by law.
(Ord. 2019-17 § 1 (part), 2019)
(Newport Beach 4-22)
RION

15.02.120 Addition of Section 117.

Section 117 is added to read as follows:
ture.

Section 117—Demolition of entire struc-
Section 117.1 Notification. When an entire
structure is to be demolished, notification by cer-
tified mail to adjacent owners is required at least
30 days before demolition commences. Proof of
notification is required prior to permit issuance
unless determined otherwise by the Chief Build-
ing Official.
(Ord. 2019-17 § 1 (part), 2019)
21-88

15.03.010
Chapter 15.03

INTERNATIONAL PROPERTY

MAINTENANCE CODE
Sections:

15.03.010
Adoption of the International
Property Maintenance Code.

15.03.020
Deletion of Chapter 1, Except
Sections 101, 102, and 108.1
through 108.1.5.

15.03.030
Amendment to Section 101.1.

15.03.040
Amendment to Section 102.3.

15.03.045
Amendment to Section 302.4

15.03.050
Amendment to Section 303.2.

15.03.010 Adoption of the International
Property Maintenance Code.

The City Council adopts and incorporates by ref-
erence, as set forth in full in this section, the 2018
International Property Maintenance Code, as pub-
lished by the International Code Council.

The various parts of the 2018-2021 International
Prop- erty Maintenance Code, along with the
amendments and deletions adopted in this chapter,
shall constitute and be known as the Newport Beach
Property Main- tenance Code. A copy of the 2418
2021 International Property Maintenance Code
shall be kept on file in the office of the building
official pursuant to Health and Safety Code Section
18942 (d) (1) and are made available for public
inspectiono f�the effiee of the City Gle.
(Ord. 2019-17 § 2 (part), 2019)

15.03.020 Deletion of Chapter 1, Except
Sections 101, 102,111.1,111.2,111.7, and 108.1111.8
through 108.1.5.

Chapter 1 of the Property Maintenance Code is
deleted, except Sections 101, 102, 105, and 108.1
through 108.1.5. (Ord. 2019-17 § 2 (part), 2019)

15.03.030 Amendment to Section 101.1.

Section 10 1. 1 is amended to read as follows:

Section 101.1 Title. These regulations shall
be known as the Newport Beach Property Mainte-
nance Code, herein referred to as "this code."
(Ord. 2019-17 § 2 (part), 2019)
21-89

15.03.040

15.03.040 Amendment to Section 102.3.

Section 102.3 is amended to read as follows:

Section 102.3 Application of other codes.

Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accor-
dance with the procedures and provisions of the
applicable adopted codes. Nothing in this code
shall be construed to cancel, modify or set aside
any provisions of the Newport Beach Zoning
Code.
(Ord. 2019-17 § 2 (part), 2019)

15.03.045 Amendment to Section 302.4
Section 302.4 is amended to read as follows:

Section 302.4 Weeds. Premises and exterior property
shall be maintained free from weeds or plant growth
that create a fire hazard or are overgrown in a way that they obstruct the right of way, block visibility of
pedestrians and drivers, or harbor rats, vermin, or
insects. Noxious weeds shall be prohibited. Weeds
shall be defined as all greases, annual plants, and
vegetation, other than trees or shrubs provided;
however, this term shall not include cultivated flowers and gardens. Upon failure of the owner of agent
having charge of a property to cut and destroy weeds
after service of a notice of violation, they shall be
subject to prosecution in accordance with California
Building Code Section 114.3 and as prescribed by the
authority having jurisdiction

15.03.050 Amendment to Section 303.2.

Section 303.2 is amended to read as follows
Section 303.2 Enclosures. Private swim-
ming pools, hot tubs and spas or water features
containing more than 18 inches of water depth
shall comply with section 305.2 of the Newport
Beach Residential Swimming Pool and Spa Code
and Section 3109.2 of the Newport Beach Build-
ing Code. No existing pool enclosure shall be
removed, replaced or changed in a manner that
reduces its effectiveness as a safety barrier.
(Ord. 2019-17 § 2 (part), 2019)
RIM
Chapter 15.04

BUILDING CODE
Sections:

15.04.010
Adoption of the California
Building Code.

15.04.020
Amendment to Section 105.2.

15.04.030
Amendment to Section 701A.1.

15.04.040
Amendment to Section 701A.3.

15.04.050
Amendment to Section 701A.3.1.

15.04.060
Amendment to Section 702A.

15.04.070
Amendment to Section

15.04.080
710A.3.34.

Amendment to Section 903.2.

15.04.090
Amendment to Section 903.2.8.

15.04.100
Amendment to Seetio
443"RESERVED
Exception 6.

15.04.110
Amendment to Table 1505.1.

15.04.120
Amendment to Section 1505.1.32.

15.04.130
Amendment to Section 1612.3.

15.04.140
Amendment to Section 1704.2.1.

15.04.150
Amendment to Section 1905.1.7.

15.04.010 Adoption of the California Building
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2019-2022 Edition of the California Building Code,
Vol- umes 1 and 2, including Appendices C and I, and
(Newport Beach 6-20)
21-93

and all national codes and
standards referenced therein,
based on the 2019 2021
International Building Code, as
published by the International
Code Coun- cil.

The various parts of these
codes and standards, along
with the additions,
amendments and deletions
adopted in this chapter, shall
constitute and be known as
the Newport Beach Building
Code. A copy of the 24W
2022 California Building
Code, Volumes 1 and 2,
printed in code book form,
shall be kept on file in the
office of the building official
pursuant to Health and
Safety Code Section 18942
O (1) and are made
available for public
inspectionen file in the
e€fiee of the City Cie
(Ord. 2019-17 § 3 (part),
2019)
(Newport Beach 6-20)
510
21-94

15.04.020

15.04.020 Amendment to Section 105.2.

Subsection 2 of the portion entitled "Building" in
Section 105.2 is amended to read as follows:

2. Masonry or concrete fences not over 3.5
feet (1066.8 mm) high above lowest adjacent
grade and not within 3 feet of the property line,
and all other fences not over 6 feet (1,828.8 mm)
in height above lowest adjacent grade except
when used as a pool barrier.

Subsection 9 of the portion entitled "Building" in
Section 105.2 is amended to read as follows:

9. Prefabricated swimming �pools or hot
tubs spas accessory to a Group R-3 occupancy,
or water features, containing less than 18 inches
of water depth, do not exceed 5,000 gallons and
are installed entirely above r�livate
unless otherwise required by other provisions of
the code.
(Ord. 2019-17 § 3 (part), 2019)

15.04.030 Amendment to Section 701A.1.

Section 701A.1 is amended to read as follows:

Section 701A.1 SECTION 701A SCOPE,
PURPOSE AND APPLICATION.

Section 701A.1 Scope. This chapter applies
to building materials, systems and/or assemblies
used in the exterior design and construction of
buildings including one -and two-family dwell-
ings located within a Fire Hazard Severity Zone or
Wildland-Urban Interface Fire Area as defined in
Section 702A.
(Ord. 2019-17 § 3 (part), 2019)

15.04.040 Amendment to Section 701A.3.

Section 701A.3 is amended by deleting Exception
No. 4-5 in its entirety. (Ord. 2019-17 § 3 (part),
2019)

15.04.050 Amendment to Section 701A.3.1.

Section 701A.3.1 is amended by deleting Excep-
tion No. 2 in its entirety. (Ord. 2019-17 § 3 (part), 2019) 511
(Newport Beach 6-20)
21-95

15.04.060 Amendment to Section 702A.

Section 702A is amended to include the
definition of "Unenclosed Covered
Structure" to read as fol- lows:

SECTION 702A DEFINITIONS

UNENCLOSED COVERED
STRUC-
TURE. Includes covered structures with a solid or
open roof and no more than one enclosed
side. (Ord. 2019-17 § 3 (part), 2019)

15.04.070 Amendment to Section 710A.3.3.

Section 710A.3.3 is amended to read as follows:

Section 710A.3.3-4 Detaehed 4
miseellaneo Miscellaneous structure
requirements. require a permit and are
separated from an applicable building on
the same lot byDetaehed ,r ll
time .tufes that are installed at a distance
of more than 3 feet but less than 50 feet
from an applicable building shall be
constructed of non- combustible
materials or of ignition -resistant
materials as described in Section 704A.2.
(Ord. 2019-17 § 3 (part), 2019)

15.04.80 Amendment to Section 903.2.

The first and second sentences of Section
903.2 titled "Where required" and
"Exception:" are amended to read as
follows, with all other subsec- tions
remaining unchanged unless otherwise
modi- Pied by this section:

Section 903.2 Where required.

Approved automatic sprinkler systems in
new buildings and structures shall be
provided in the following loca- tions:

1. New buildings:

Notwithstanding any applicable
provisions of Sections 903.2.1 through
903.2.12, an automatic fire -extinguishing
(Newport Beach 6-20)
512
system shall be installed in all occupancies when
the total
building area exceeds 5,000 square feet (465 m2),
unless more restrictive requirements are required
by other provisions of the Code.
21-96

15.04.090
Exceptions:

1. Group R occupancies. Group R occupan-
cies shall comply with Section 903.2.8.

Exception: Group R occupancies. Group R
occupancies shall comply with Section 903.2.8.
(Ord. 2019-17 § 3 (part), 2019)
Spaces or areas in telecommunications 15.04.90 Amendment to Section 903.2.8. buildings used exclusively for telecommunica-
tions equipment, associated electrical power dis-
tribution equipment, batteries and standby
engines, provided that those spaces or areas are
equipped throughout with an automatic smoke
detection system in accordance with Section
907.2 and are separated from the remainder of the
building by not less than one hour fire barriers
constructed in accordance with Section 707 or not
less than 2 hours horizontal assemblies con-
structed in accordance with Section 711, or both.

2. Existing buildings: Notwithstanding
any applicable provisions of this code, an auto-
matic sprinkler system shall be provided in an
existing building when any of the following con-
ditions exists:
a) When an addition is 50% or more of the
existing building area and the resulting building
area exceeds 5,000 square feet (465 in 2),
Section 903.2.8 is amended to read as follows:

Section 903.2.8 Group R. An automatic
sprinkler system installed in accordance with Sec-
tion 903.3 shall be provided throughout all build-
ings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler
system shall be installed throughout all new build-
ings.

2. Existing buildings: An automatic sprin-
kler system shall be installed throughout when
one of the following conditions exists:
a. When the total area of addition and
reconstruction exceeds 2,000 sq.ft. and exceeds
50% of the area of the existing structure.
b. An addition when the existing building is
already provided with automatic fire sprinkler
system.
c_As determined for new construction per
Section 102.7.
c)b _When an addition is added and the Exceptions:
exist- ing building is already provided with an 1. Accessory dwelling units shall not be automatic fire sprinkler system. required to provide fire sprinklers if they are not required for the primary residence. The
d)c)_More restrictive requirements are construction of an accessory dwelling unit shall required by other provisions of the Code. not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
e-)dL_Where a tenant space in an E 2. The installation of fire sprinklers shall not existing building requires to sprinklers due to the be required in an accessory dwelling nature of occupancy use, the entire building shall sprinklers are not required for the primary require sprinklers unless other provisions of the residence. The construction of an accessory code(s) are applied to create distinct separated dwelling unit shall not trigger a requirement for buildings, subject to the Fire Code Official and fire sprinklers to be installed in the existing ChiefBuild- ing official approval. multifamily dwelling 511
The Chief Building Official may approve
alternative methods and materials when an equiv-
(Newport Beach 6-20)
21-97

alent or greater level of fire protection is
achieved subject to approval of the Fire Code
Official.
(Ord. 2019-17 § 3 (part), 2019)

15.04.100 Amendment to Seetion 4030.E
Exeeption &RESERVED
Exception 6 in Section 1030.1 is amended to read
sus
(Newport Beach 6-20)
512
21-98

15.04.110
installed in accordance with Section 903.3.1.1,
sleeping rooms in basements shall not be required
to have emergency escape and rescue openings
provided that the basement has one of the follow-
ing:

6.1. One means of egress and one emer-
gency escape and rescue opening.

6.2. Two means of egress.

6.3. In Group R-2.2 occupancies a certified
fire escape is acceptable as a secondary means of
egress for existing buildings for this section of the
code.
(Ord. 2019-17 § 3 (part), 2019)

15.04.110 Amendment to Table 1505.1.

Table 1505.1 is amended to read as follows:

TABLE 1505.1 MINIMUM ROOF COVERING

CLASSIFICATION FOR TYPES OF

CONSTRUCTION'

MMMMMMMMM
mmmmmmmmm
'See chapter 7A for roof covering require-
ments.
(Ord. 2019-17 § 3 (part), 2019)

15.04.120 Amendment to Section 1505.1.32.

Section 1505.1.3-2 is amended to read as follows
Section 1505.1.3-2 Roof coverings within
all other areas. The entire roof covering of
every existing structure where more than 50
percent of the total roof area is replaced within
any one-year period, and the entire roof covering
of every exist- ing structure when roof covering
applied in the addition, alteration, repair or
replacement of the roof exceeds 50 percent of the
existing roof area;
shall be a fire -retardant roof covering or assembly
that is at least Class B.
(Ord. 2019-17 § 3 (part), 2019)

15.04.130 Amendment to Section 1612.3.

The first paragraph of Section 1612.3 is amended
to read as follows:

Section 1612.3 Establishment of the flood
hazard areas. To establish flood hazard areas, the
applicable governing authority shall adopt a flood
hazard map and supporting data. The flood hazard
map shall include, at a minimum, areas of special
flood hazard as identified by the Federal Emer-
gency Management Agency in an engineering
report entitled "The Flood Insurance Study for
Newport Beach," dated March 21, 2019, as
amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related support-
ing data along with any revisions thereto. The
adopted flood hazard map and supporting data are
hereby adopted by reference and declared to be
part of this section.
(Ord. 2019-17 § 3 (part), 2019)

15.04.140 Amendment to Section 1704.2.1.

Section 1704.2.1 is amended to read as follows:

Section 1704.2.1 Special inspector qualifi-
cations. The special inspector shall be a qualified
person approved by the Chief Building Official of
the City of Newport Beach or his/her designated
representative. The special inspector shall furnish
continuous inspection on the construction and
work requiring his/her employment as prescribed
in the applicable code. The special inspector shall
report to the Chief Building Official in writing,
noting all code violations and any variations from
the approved plans and other information as
required on forms prescribed or approved by the
City of Newport Beach.

Each person applying for listing/registration
as a special inspector for the City of Newport
513
(Newport Beach 6-20)
21-99

15.04.150
Beach shall possess a valid certification from a
certifying agency approved by the Chief Building
Official, as a special inspector for each classifica-
tion for which they apply. The Chief Building
Official may administer testing procedures which
he/she may find appropriate.

Each person applying for registration, as a
special inspector for the City of Newport Beach,
shall pay a registration fee as set forth in the City
Council Fee Resolution, payable with the applica-
tion.

A registration card shall be issued to each
such special inspector who qualifies. A renewal
fee as set forth in the City Council Fee Resolution
for each classification shall be charged on July 1 st
of each year thereafter at which time the special
inspector may be subject to re-examination.

The Chief Building Official may, in writing,
suspend or revoke any special inspector's certifi-
cate of registration for due cause. This notice shall
set forth the time and place evidence would be
submitted to show cause why the certificates of
registration should not be revoked. Failure to
appear at such hearing by the special inspector
may result in immediate revocation of said certif-
icates. Special inspector's qualification registra-
tions are to be given only for special inspections
required in Chapter 17 of the California Building
Code or for work specifically authorized by the
Chief Building Official.

The registered design professional in
responsible charge and engineers of record
involved in the design of the project are permitted
to act as the approved agency and their personnel
are permitted to act as the special inspector for the
work designed by them, provided they are
approved by the Chief Building Official and qual-
ify as special inspectors.
(Ord. 2019-17 § 3 (part), 2019)
(Newport Beach 6-20)
514

15.04.150 Amendment to Section 1905.1.7.

Section 1905.1.7 is amended by deleting Excep-
tions 1 through 3 of Section 14.1.4.1(c) in their
entirety. (Ord. 2019-17 § 3 (part), 2019)
21-100

15.05.010
Chapter 15.05

RESIDENTIAL CODE
Sections:

15.05.010 Adoption of the California
Residential Code.

15.05.020 Amendment to Section R101.1.

15.05.030
Amendment to Section
R1H0.2:RESERVED

15.05.040
Deletion of Sections R102
through R114.

15.05.050
Addition of Section R115.

15.05.060
Deletion of Section R301.1.1.1.

15.05.070
Amendment to Section R301.1.3.

15.05.080
Amendment to Table R301.2(1).

15.05.090
Amendment to Table R301.2(1)
Footnote g.

15.05.100
Amendment to Section R301.2.4.

15.05.110
Amendment to Section R309.3.

15.05.120

RESERVED

15.05.130

RESERVED
Seetien
RESERVEDD 21

15.05.140

RESERVED
R3

15.05.150
RESERVEDAmendment
Seetien
RESERVEDD3

15.05.160
RESERVED meadment *^
seetio
RESERVEDD 21

15.05.170
RESERVEDAmendment *^
seetio
RESERVEDD 21

15.05.180
Deletion of Section R313.

15.05.190 Amendment to Section R319.1.

15.05.200 Deletion of Section R322 with the
Replacement of the City of
Newport Beach Municipal Code
Chapter 15.50, Floodplain
Management.

15.05.210 RESERVED"mendment *^

15.05.220 Deletion of Section R337.

15.05.230 Addition of Section R341.

15.05.010 Adoption of the California
Residential Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2019-2022 Edition of the California Residential Code
including Appendix H, and all national codes and
standards referenced therein, based on the 2,OU2021
International Residential Code, as published by the
International Code Council.

The various parts of these codes and standards,
along with the additions, amendments, and deletions
adopted in this chapter, shall constitute and be
known as the Newport Beach Residential Code. A
copy of the 204-9-2022 California Residential Code,
printed in code book form, shall be kept en file in the on file in the office of the building official pursuant to Health and Safetv Code Section 18942 (d) (1) and are
made available for public inspection
Qer-k. (Ord. 2019-17 § 4 (part),
2019)

15.05.020 Amendment to Section R101.1.

Section R101.1 is amended to read as follows:

Section R101.1 Title. These provisions
shall be known as the Residential Code for One -
and Two-family Dwellings of Newport Beach,
and shall be cited as such and will be referenced
to herein as "this code."
(Ord. 2019-17 § 4 (part), 2019)

15.05.030 RESERVED
R101.2.

Seetions R101.2 is maeaded to read as follows.:
this
t the.
reaqns#_,�_Petien,
eede shall apply
alter-
>
,
remeN�a4ia
d demolition
ofdetaehed
,
one and
515
(Newport Beach 6-20)
21-101

15.05.240
Deletion of Section R401.4.

15.05.250
Deletion of Section R404.

15.05.260
Amendment to Section R405.1.

15.05.270

RESERVED

15.05.280 RESERVEDDeletion of Section
R602.12.

15.05.290 Deletion of Section R902, Roof
Classification.
(Newport Beach 6-20)
516
-4e means of egress .-ad th 6
21-102

15.05.040
(Ord. 2019-17 § 4 (part), 2019)

15.05.040 Deletion of Sections R102 through
R114.

Sections R102 through R114 are deleted in their
entirety. All administrative provisions including
enforcement, permit process, fees, and inspections
for these chapters are contained in Chapter 15.02,
Administrative Code. (Ord. 2019-17 § 4 (part),
2019)

15.05.050 Addition of Section R115.

Section R115 is added to read as follows:

Section R115—Existing Buildings.

For existing One- and Two-family dwell-
ings, the Existing Building Code as adopted under
section 15.14 of the Newport Beach Municipal
Code shall be the applicable code.
(Ord. 2019-17 § 4 (part), 2019)

15.05.060 Deletion of Section R301.1.1.1.

Section R301.1.1.1 is deleted in its entirety. (Ord.
2019-17 § 4 (part), 2019)

15.05.070 Amendment to Section R301.1.3.

Section R301.1.3 is amended to read as follows:

Section R301.1.3 Engineered design.

Where a building of otherwise conventional con-
struction contains structural elements exceeding
the limits of Section R301 or otherwise not con-
forming to this code, these elements shall be
designed in accordance with accepted engineering
practices. The extent of such design need only
demonstrate compliance of nonconventional ele-
ments with other applicable provisions and shall
be compatible with the performance of the con-
ventional framed system. Engineered design in
accordance with the California Building Code is
permitted for buildings and structures and parts
thereof, included in the scope of this code.

R301.1.3.1 California licensed architect
or engineer. When any provision of any structure
deviates from substantial compliance with con-
ventional framing requirements for woodframe
construction found in this code, the Chief Build-
ing Official shall require the construction docu-
ments to be approved and stamped by a California
licensed architect or engineer for that irregular or
nonconforming portion of work. Notwithstanding
other sections of law, the law establishing these
provisions is found in Business and professions
Code Section 5537 and 6737.1.

R301.1.3.2 Woodframe structures greater
than two -stories. The Chief Building Official
shall require construction documents to be
approved and stamped by a California licensed
architect or engineer for all dwellings of a wood -
frame construction more than two stories in height
or having a basement. Notwithstanding other sec-
tions of law, the law establishing these provisions
is found in Business and professions Code Section
5537 and 6737.1.

R301.1.3.3 Structures other than wood -
frame. The Chief Building Official shall require
floor, wall or roof -ceiling structural elements in
dwellings designed of cold formed steel, concrete,
masonry prescribed by this code to be approved
517 (Newport Beach 6-20)
21-103

15.05.080
and stamped by a California licensed architect or 15.05.080 Amendment to Table R301.2(1). engineer. Notwithstanding other sections of law, Table R301.2(1) is amended by completing the the law establishing these provisions is found in table to read as follows:

Business and professions Code Section 5537 and
6737.1.
(Ord. 2019-17 § 4 (part), 2019)
Table R301.2(1)
GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEAIP'

ICE BARRIER

UNDERLAYMENT

REQUIRED'
D
AZARDS
AIR
a FREEZING
INDEX'
MEAN
ANNUAL
TEMP'
Speed-
mph
Tape rap I
effects"
ind
re fan
Windbarne
ris zone'" CATEGORY'
Weathering
Froat line
depth°
Termite`
7_are
46 Ne
Ho
ko
q, q, er E
NegfigiEle
NA
Very Heavy
a3
a
See fuotno7e
q 6

60.}
Elevation
La ttl[
Winter
heating
Summer
Cooling
correction factor
Indoor design
Design
tem eralure coolln9
Heatia g temperature
difference
10 feel
34' N
al°

1. lA

1. 30'
Cooling
tam re difference
Wind
velocity heating
Wind velocity
coaling
Coincident
wet hUlb
Daily
range
Winter
humidity
Summer
humidity
15'
••••
••••
67 12
10 80
TABLE R301.2
CLIMATIC AND GEOGRAPHIC n
GROUND

WEND DESIGN

SUBJECT TO DAMAGE FROM

ICE BARRIER
AIR
Speed°
TopogrephiC
Special
Mand6onre
DESIGN

CATEGORY'

SNOWSEISMIC
LOAD'
WeaMering' Fran[ Termite`
(INDERLAYMENT

FLOOD FREEZING

HAZARDS'

MEANANNU
ALTEMW
(mph)
effects"
wind region'
tlebrls mne°'
Foe tlepth°

REOUIREM
INDEX'
ZERO
95 NO
NO
NO
D„ D„ Di, ORE

NEGLIGIBLE
NA

VERY HEAVY
NO
SEEFWVCTEg 0

60.7 MANUAL J DESIGN CRITERIA"
Elevation
Altitude
correction
Coincident
Indoor winter
desigadry-bulb
Indoor winter design
Outdoor winter design
Heating temperature dif-
factor`
wet bulb
temperature
dry-bulb
d bulb temperature
dry-bulb erature
p
ference
10 FEET

1.0 67
70 70
43 30,
Indoor summer
Indoor summer
Latitude
Daily range
design relative
design relative
Indoor summer design
Outdoor summer design
gn
Coolie g temperature dif-
humidity
humidity
dry-bulb temperature
dry-bulb temperature
ference

33.608
12 50
1 50
75 80
15°

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
(Ord. 2019-17 § 4 (part), 2019)

15.05.090 Amendment to Table R301.2 1
Footnote g.

Table R301.2(4+Footnote g. is amended to read as
follows:

Section Table R301.2(1) Footnote g. Refer
to the National Flood Insurance Program (NFIP)
as printed by the Federal Emergency Management
Agency's Flood Insurance Rate Map (FIRM)
dated March 21, 2019; Flood Insurance Study
(FIS Profile) effective date of revision: March 21,
2019; Community number: 060227; Map: 06059;
Panels: 264, 267, 268, 269, 286, 288, 289, 377,
381, 382, 384, 401, 402, 403, 404, 406 and 408;
Suffix "K"; Initial NFIP map date: March 15,
1974; and Initial FIRM date: September 1, 1978.
(Newport Beach 6-20)
518
(Ord. 2019-17 § 4 (part), 2019)

15.05.100 Amendment to Section R301.2.4.

Section R301.2.4 is amended to read as follows:

Section R301.2.4 Floodplain construction.

Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.204, and
21-104

substantial improvement and repair of
substantial damage of buildings and
structures in flood haz- and areas, shall be
designed and constructed in accordance
with the City of Newport Beach
Municipal Code Chapter 15.50,
FLOODPLAIN MANAGEMENT and
Section R322. Buildings and structures
that are located in more than one flood
hazard area shall comply with the provi-
sions associated with the most restrictive
flood hazard area. Buildings and
structures located in whole or in part in
identified floodways shall be designed
and constructed in accordance with
ASCE 24.

R301.2.4.1 Alternate provisions.

As an alternate to the requirements in
Section R322 and the City of Newport
Beach Municipal Code Chap- ter 15.50,
Floodplain Management, ASCE 24 is
permitted subject to the limitations of this
code and the limitations therein.
(Ord. 2019-17 § 4 (part), 2019)
519
(Newport Beach 6-20)
21-105

15.05.110

15.05.110 Amendment to Section R309.3.

Section R309.3 is amended to read as follows
Section R309.3 Flood hazard areas. For
buildings located in flood hazard areas as estab-
lished by Table R301.2(4), garage floors shall be:

Elevated to or above the design flood ele-
vation as determined in accordance with Section
R322 and the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.

2. Located below the design flood elevation
provided that the floors are at or above grade on
not less than one side, are used solely for parking,
building access or storage, meet the requirements
of Section R322 and the City of Newport Beach
Municipal Code Chapter 15.50, Floodplain Man-
agement and are otherwise constructed in accor-
dance with this code.
(Ord. 2019-17 § 4 (part), 2019)

15.05.120 Amendment f Section
R319.4-.RESERVED

15.05.130 RESERVED
Section R310.2.3.1.
(Ord. 2019-17 § 4 (part), 2019)

15.05.140 RESERVED
D 31xc�10�T
entirety.Seetion R310.2.4 is deleted in its (Ord.
2019-17 § 4 (part), 2019)
(Newport Beach 6-20)
520

15.05.150 RESERVED"-r'endment to Section
D 2lzcsrv�1..
(Ord. 2019-17 § 4 (part), 2019)

15.05.160 RESERVED mend,. ent to Section
R311.7.11.
deviees. Altema4ing tfead ac=ccs-snim11-nvt be
used . an element f a means f egress,or- path o
travel th,-.,,,g or -to habitable
(Ord. 2019-17 § 4 (part), 2019)

15.05.170 RESERVED" -Fend,,.. t Section
D 31xcJrrri -.

Seetion R311.7.12 Ships 1 er-s. Ships
ladder-s shall not be used as an elemepA of a means
of egress, or- a path of tfa-vel 4wough or- to habit
able
(Ord. 2019-17 § 4 (part), 2019)

15.05.180 Deletion of Section R313.

Section R313 is deleted in its entirety and
replaced with California Building Code Section
903.2.8 as amended in Section 15.04.080. (Ord.
2019-17 § 4 (part), 2019)

15.05.190 Amendment to Section R319.1.

Section R319.1 is amended to read as follows:

Section R319.1 Address identification.

Buildings shall be provided with approved
address identification. The address identification
21-106

shall be legible and placed in a position that is
vis-
521
(Newport Beach 6-20)
21-107

15.05.200
ible from the street or road fronting the property,
and alley if adjacent to the property. Address
identification characters shall ^^contrast
with their background. Address numbers shall be
Arabic numbers or alphabetical letters. Numbers
shall not be spelled out. Each character shall be
not less than 4 inches (102 mm) in height with a
stroke width of not less than 0.5 inch (12.7 mm).

Where required by the fire code official, address
identifi- cation shall be provided in additional
approved locations to facilitate emergency
response. Where access is by means of a private
road and the build- ing address cannot be viewed
from the public way, a monument, pole or other
sign or means shall be used to identify the
structure. Address identification shall be
maintained.
(Ord. 2019-17 § 4 (part), 2019)

15.05.200 Deletion of Section R322 with the
Replacement of the City of Newport
Beach Municipal Code Chapter

15.50, Floodplain Management.

Section R322 is deleted in its entirety and
replaced with the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management. (Ord.
2019-17 § 4 (part), 2019)

15.05.210 RESERVED"--'^-'dment to Seetion
(Materials and Construction Methods for Exterior
Wildfire Exposure) as amended in Sections

15.04.024-030 through 15.04.070. (Ord. 2019-17 §
4 (part), 2019)

15.05.230 Addition of Section R341.

Section R341 is added to read as follows:

SECTION R341—SOUND TRANSMIS-
SION
R341.1 General. Wall and floor -ceiling
assemblies separating dwelling units including
those separating adjacent townhouse units shall
provide air -borne sound insulation for walls and
both air -borne and impact sound insulation for
floor -ceiling assemblies per Section 1206 of the
281-9-2022 California Building Code, Title 24,
Part 2.
(Ord. 2019-17 § 4 (part), 2019)

15.05.240 Deletion of Section R401.4.

Section R401.4 is deleted in its entirety and
replaced by California Building Code Section 1803
Geotechnical Investigations. (Ord. 2019-17 § 4
(part), 2019)

15.05.250 Deletion of Section R404.

Section R404 is deleted in its entirety. (Ord. 2019-
Seetio,, D 26 ; added to read s f ii,.17 § 4 (part), 2019) (Ord. 2019-17 § 4 (part), 2019)

15.05.220 Deletion of Section R337.

Section R337 is deleted in its entirety and
replaced with California Building Code Chapter 7A
(Newport Beach 6-20)
522

15.05.260 Amendment to Section R405.1.

The exceptions to Section R405.1 are amended to
read as follows:

Exceptions:

1. A drainage system is not required when
the foundation is installed on well -drained ground
or sand -gravel mixture soils according to the Uni-
fied Soil Classification System, Group I Soils, as
detailed in Table R405.1.
21-108

15.05.270

2. A foundation drainage system is not per-
mitted for basement walls extending below high
tide of the Newport Bay water elevation.
(Ord. 2019-17 § 4 (part), 2019)

15.05.270 Addition -of
R409.RESERVED
stressed Rock and Soil n,,ehors,zarth Retaining
Shoring and 3r�o— Stone -Cal,,,, ns f r,.-,.0 a
impr-evement," is added and shall ineor-por-a+e See -
Building Code into this seer r. (Ord. 2019-17 § 4
(part), 2019)

15.05.280 Deletion of c,.etio„
R602.12.RESERVED
Seetion R602.12 is deleted in its entirety. (Ord.-
201 n 17 § n (paft) 2019)

15.05.290 Deletion of Section R902, Roof
Classification.

Section R902 is ameaded deleted in its entirety
and replaced by California Building Code Section
1505 as amended in Newport Beach Municipal
Code Sec- tion 15.04.110 through 15.04.120. (Ord.
2019-17 § 4 (part), 2019)
Chapter 15.06

ELECTRICAL CODE
Sections:

15.06.010 Adoption of the California
Electric Code.

15.06.020 Amendment to ".bile
342.10.RESERVED

15.06.030 Amendment to Ar-tiele
344 40.11ESERVED

15.06.040 Amendment to Article 358. 10(A).

15.06.050 Amendment to Article 358.10(B).

15.06.010 Adoption of the California Electric
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2449-2022 Edition of the California Electrical Code
based on the 241-7-2020 National Electrical Code,
as published by the National Fire Protection
Association.

The various parts of this code shall constitute and
be known as the Newport Beach Electrical Code. A
copy of the 2419-2022 California Electrical Code,
printed in code book form, shall be kept on file in
the office of the building official pursuant to Health
and Safety Code Section 18942 (d) (1) and are
made available for public inspectionen file in the
offiee of the City GIME. All administrative
provisions including enforcement, permit process,
fees, and inspections for these chapters are
contained in Chap- ter 15.02, Administrative Code.
(Ord. 2019-17 § 5
(part), 2019)

15.06.20 Amendment to Ar-tiele
342.10.11ESERVED
1 tit
I��rY
523 (Newport Beach 6-20)
21-109

(Ord. 2019-17 § 5 (part), 2019)
(Newport Beach 6-20)
524
21-110

15.06.030

15.06.30 Amendment to ,.,.f;,.,e
34440:RESERVED
At4iEk34 ^ 1 O(A) . -ad (B) are a -me r ed to read
fps:
i
(Newport Beach 6-20)
520
Locations. n
bolts,
(Wet supports,
straps,
screws, andso forth, shall
be of—eorrosionresistant
materials or proteeted
,.ate
by
against eoffosion
eoffosion resistant fia
(Ord. 2019-17 § 5 (part), 2019)

15.06.40 Amendment to Article 358.10(A).

Article 358.10(A) is amended to read as follows:
(A) Exposed and Concealed. The use of
EMT shall be permitted for concealed work only.
(Ord. 2019-17 § 5 (part), 2019)

15.06.050 Amendment to Article 358.10(B).

Article 358.10(B)(1) and (B)(2) are amended to
read as follows:
(B) Corrosive Environments.
(1) Galvanized Steel and Stainless Steel
EMT, Elbows, and Fittings. Galvanized steel,
stainless steel, and red brass EMT elbows, cou-
plings, and fittings shall be permitted to be
installed in concrete, or in areas subject to severe
corrosive influences where protected by corrosion
protection and approved for the condition.
(2) Supplementary Protection of Alumi-
num EMT. Aluminum EMT shall be provided
with approved supplementary corrosion protec-
tion where encased in concrete.
(Ord. 2019-17 § 5 (part), 2019)
21-112

15.07.010
Chapter 15.07

MECHANICAL CODE
Sections:

15.07.010
Adoption of California
Mechanical Code.

15.07.020
Addition of Section 103.5.

15.07.030
Amendment of Section 107.1.

15.07.010 Adoption of California Mechanical
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2 19-2022 Edition of the California Mechanical
Code, based on the 2018-2021 Uniform Mechanical
Code, by the International Association of Plumbing
and Mechan- ical Officials.

The various parts of this code shall constitute and
be known as the Newport Beach Mechanical Code.

A copy of the 2019-2022 California Mechanical
Code printed in code book form shall be kept on file
in the office of the building official pursuant to
Health and Safety Code Section 18942 (d) (1) and
are made available for public inspections ran
the—o€fiee of the City Ciek. All administrative
provi- sions including enforcement, permit process,
fees, and inspections for these chapters are
contained in Chapter 15.02, Administrative Code.
(Ord. 2019-17
§ 6 (part), 2019)

15.07.020 Addition of Section 103.5.

Section 103.5 is added to read as follows:

Section 103.5 Modifications. Whenever
there are practical difficulties involved in carrying
out the provisions of this code, the Chief Building
Official shall have the authority to grant modifica-
tions for individual cases, upon application of the
owner or owner's representative, provided the
Chief Building Official shall first find that special
individual reason makes the strict letter of this
code impractical and the modification is in com-
pliance with the intent and purpose of this code
and that such modification does not lessen health,
accessibility, life and fire safety, or structural
requirements. The details of action granting mod-
ifications shall be recorded and entered in the files
of the Building Division.
(Ord. 2019-17 § 6 (part), 2019)

15.07.030 Amendment of Section 107.1.

Section 107.1 is amended in its entirety to read as
follows:

Section 107.1 General. Appeals of a Chief
Building Official decision shall be governed by
Chapter 15.80 of the Newport Beach Municipal
Code, or any successor chapter.
(Ord. 2019-17 § 6 (part), 2019)
521 (Newport Beach 6-20)
21-113

15.08.010
Chapter 15.08

PLUMBING CODE
Sections:

15.08.010
Adoption of California Plumbing
Code.

15.08.020
Addition of Section 103.5.

15.08.030
Amendment of Section 107.1.

15.08.010 Adoption of California Plumbing
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2019-2022 Edition of the California Plumbing
Code, including Appendices A and C, based on the
2018-2021 Uniform Plumbing Code as published by
the Interna- tional Association of Plumbing and
Mechanical Officials.

The various parts of this code shall constitute and
be known as the Newport Beach Plumbing Code. A
copy of the 2019-2022 California Plumbing Code,
printed in code book form, shall be kept on file in
the office of the building official pursuant to Health
and Safety Code Section 18942 (d) (1) and are
made available for public inspectionen file in the-
o€fiee of the . All administrative
provisions including enforcement, permit process,
fees, and inspections for these chapters are
contained in Chap- ter 15.02 (Administrative Code).
(Ord. 2019-17 § 7
(part), 2019)

15.08.020 Addition of Section 103.5.

Section 103.5 is added to read as follows:

Section 103.5 Modifications. Whenever
there are practical difficulties involved in carrying
out the provisions of this code, the Chief Building
Official shall have the authority to grant modifica-
tions for individual cases, upon application of the
owner or owner's representative, provided the
Chief Building Official shall first find that special
individual reason makes the strict letter of this
code impractical and the modification is in com-
pliance with the intent and purpose of this code
and that such modification does not lessen health,
accessibility, life and fire safety, or structural
requirements. The details of action granting mod -
(Newport Beach 6-20)
522
ifications shall be recorded and entered in the files
of the Building Division.
(Ord. 2019-17 § 7 (part), 2019)

15.08.030 Amendment of Section 107.1.

Section 107.1 is amended in its entirety to read as
follows:

15.09.010
Chapter 15.09

RESIDENTIAL SWIMMING POOL AND SPA
CODE
Sections:

15.09.010
Adoption of the International
Swimming Pool and Spa Code.

15.09.020
Amendment to Section 101.1.

15.09.030
Amendment to Section 101.2.

15.09.040
Deletion of Sections 102 through
4-NI14.

15.09.050
Amendment to Section 201.3.

15.09.060
Amendment to Section 202.

15.09.070
Amendment to Section 301.4.

15.09.080
Amendment to Section 302.1.

15.09.090
Amendment to Section 302.2.

15.09.100
Amendment to Section 302.5.

15.09.110
Amendment to Section 302.6.

15.09.120
Amendment to Section 303.1.

15.09.130
Deletion of Sections 303.1.1
through 303.3.

15.09.140
Amendment to Section 304.2.

15.09.150
Amendment to Section 305.1.

15.09.160
Amendment to Section 305.2.

15.09.170
Amendment to Section
305.2.1(1).

15.09.180 Deletion of Section 305.2.4.

15.09.190 Amendment to Section 305.3.3

15.09.200
Amendment to Section
305-.4.RESERVED

15.09.210
Amendment to Section
2n�RESERVED

15.09.220
Amendment to Sections 305.5(1)
and (2).

15.09.230
Amendment to Section 306.1.

15.09.240
Amendment to Section 306.4.

15.09.250
Amendment to Table 306.5.

15.09.260
Amendment to Section 306.9.1.

15.09.270
Amendment to Section 307.1.1.

15.09.280
Amendment to Section 307.1.3.

15.09.290
Amendment to Section 307.1.4.

15.09.300
Amendment to Section 307.2.2.

15.09.035
Amendment to Section 310.1
Exception No. 2

15.09.360
Amendment to Section 321A.

15.09.370
Deletion of Chapter 4.

15.09.380
Deletion of Chapter 5.

15.09.390
Deletion of Chapter 6.

15.09.400
Amendment to Section 703.1.

15.09.410
Amendment to Section 802.1.

15.09.420
Amendment to Section 802.2.

15.09.430
Amendment to Section 901.2.

15.09.440
Addition of Section 903.

15.09.450
Addition of Section 904.

15.09.460
Addition of Section 905.

15.09.470
Addition of Section 906.

15.09.480
Addition of Section 907.

15.09.010 Adoption of the International
Swimming Pool and Spa Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2018-2021 Edition of the International Swimming
Pool
and Spa Code and all national codes and standards
referenced therein as published by the International
Code Council.

The various parts of these codes and standards,
along with the additions, amendments, and deletions
adopted in this chapter, shall constitute and be
known as the Newport Beach Residential Swimming
Pool and Spa Code. A copy of the 2018 2021
International
Swimming Pool and Spa Code, printed in code book
form, shall be kept on file in the office of the
building official pursuant to Health and Safety Code
Section 18942 (d) (1) and are made available for
public inspection^^ file it the offiee of the C4ty
Cie . (Ord. 2019-17 § 8 (part), 2019)

15.09.020 Amendment to Section 101.1.

Section 10 1. 1 is amended to read as follows:

Section 101.1 Title. These provisions shall
be known as the Residential Swimming Pool and
Spa Code of Newport Beach, and shall be cited as
such and will be referenced to herein as "this
code."
(Ord. 2019-17 § 8 (part), 2019)
523 (Newport Beach 6-20)
21-115

15.09.310 Amendment to Section 316.4.

15.09.320 Amendment to Section 316.6.1. 15.09.030 Amendment to Section 101.2.

15.09.330 Amendment to Section 318.2. Section 101.2 is amended to read as follows:

15.09.340 Amendment to Section 320.1.

15.09.350 Deletion of Sections 320.2 and Section 101.2 Scope. The provisions of this 320.3. code shall apply to the construction, alteration, (Newport Beach 6-20) 524
21-116

15.09.040
movement, renovation, replacement, repair and
maintenance of residential pools and spas. The
pools and spas covered by this code are either per-
manent or temporary, and shall be only those that
are designed and manufactured to be connected to
a circulation system and that are intended for
swimming, bathing or wading.
(Ord. 2019-17 § 8 (part), 2019)

15.09.040 Deletion of Sections 102 through
4-N114.

Sections 102 through 408-114 are deleted in their
entirety. All administrative provisions including
enforcement, permit process, fees, and inspections
for these chapters are contained in Chapter 15.02
(Administrative Code). (Ord. 2019-17 § 8 (part),
2019)

15.09.050 Amendment to Section 201.3.

Section 201.3 is amended to read as follows:

Section 201.3 Terms defined in other
codes. Where terms are not defined in this code
and are defined in the California Building Code,
California Energy Code, California Fire Code,
California Mechanical Code, California Plumbing
Code or California Residential Code, such terms
shall have the meanings ascribed to them as in
those codes.
(Ord. 2019-17 § 8 (part), 2019)

15.09.060 Amendment to Section 202.

The definitions of RESIDENTIAL SWIMMING
POOL and PUBLIC SWIMMING POOL in Section
202 are amended to read as follows:

RESIDENTIAL SWIMMING POOL
(RESIDENTIAL POOL). Any constructed pool,
permanent or portable, that is intended for non-
commercial use as a swimming pool by not more
than three owner families and their guest.

PUBLIC SWIMMING POOL (PUBLIC
POOL). Any constructed pool, permanent or por-
table, that is intended for use as a swimming pool
by the public or four or more owner families,
units, or association members and their guest.

The definition of PRIVATE POOL and
SWIMMING POOL OR SPA are added to read
as follows:

PRIVATE POOL. See Residential Pool
SWIMMING POOL OR SPA. Any structure
intended for swimming or recreational bathing
that contains water over 18 inches deep.
"Swimming pool" includes in -ground and
aboveground structures and includes, but is not
limited to, hot tubs, spas, portable spas, and
nonportable wading pools.
(Ord. 2019-17 § 8 (part), 2019)

15.09.070 Amendment to Section 301.E
Section 301.1 is amended to read as follows:

Section 301.1 Scope. The provisions of this
chapter shall govern the general design and con-
struction of residential pools and spas and related
piping, equipment, and materials. Provisions that
are unique to a specific type of residential pool or
spa are located in Chapters 7 through 10.
301.1.1 Application of Chapters 7
through 10. Where differences occur between
provisions of this chapter and provisions of Chap-
ters 7 through 10, the provisions of Chapters 7
through 10 shall apply.

Section 301.1.2 Conflicts. In the event of
a conflict between the provisions of the
Swimming Pool Safety Act, this code, the 2022
California Building Code, or the 2022 California
Residential Code, the Building Official shall
implement the most restrictive measures cited.
(Ord. 2019-17 § 8 (part), 2019)

15.09.080 Amendment to Section 302.1.

Section 302.1 is amended to read as follows:
525
(Newport Beach 6-20)
21-117

Section 302.1 Electrical. Electrical
require- ments shall comply with the
California Electrical Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.090 Amendment to Section 302.2.

Section 302.2 is amended to read as follows:

Section 302.2 Water service and
drainage. Piping and fittings used for
water service, makeup and drainage
piping for pools and spas shall com- ply
with the California Plumbing Code.

Fittings shall be approved for installation
with the piping installed.
(Ord. 2019-17 § 8 (part), 2019)
(Newport Beach 6-20)
Mei
21-118

15.09.100

15.09.100 Amendment to Section 302.5.

Section 302.5 is amended to read as follows:

Section 302.5, Backflow protection. Water
supplies for pools and spas shall be protected
against backflow in accordance with the Califor-
nia Plumbing Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.110 Amendment to Section 302.6.

Section 302.6 is amended to read as follows:

Section 302.6 Wastewater discharge.

Where wastewater from pools or spas, such as
backwash water from filters discharge to a build-
ing drainage system, the connection shall be
through an air gap in accordance with the Califor-
nia Plumbing Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.120 Amendment to Section 303.1.

Section 303.1 is amended to read as follows:

Section 303.1 Energy consumption of
pools and permanent spas. The energy con-
sumption of pools and permanent spas shall com-
ply with the California Energy Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.130 Deletion of Sections 303.1.1 through
303.3.

Sections 303.1.1 through 303.3 are deleted in their
entirety. (Ord. 2019-17 § 8 (part), 2019)

15.09.140 Amendment to Section 304.2.

Section 304.2 is amended to read as follows:

Section 304.2 Floodplain Construction.

Pools and spas constructed in special flood hazard
areas shall comply with the City of Newport
Beach Municipal Code Chapter 15.50, Floodplain
Management.
(Ord. 2019-17 § 8 (part), 2019)

15.09.150 Amendment to Section 305.1.

Section 305.1 is amended to read as follows:

Section 305.1 General. The provisions of
this section shall apply to the design of barriers for
restricting the public from entry into areas having
pools and spas.
(Ord. 2019-17 § 8 (part), 2019)

15.09.160 Amendment to Section 305.2.

Section 305.2 is amended to read as follows, with
all other subsections relating to that section remain-
ing unchanged unless modified by this section:

Section 305.2 Swimming pools and spas.

Swimming pools and spas shall be surrounded by
a permanent barrier that complies with Sections
305.2.1 through 305.7.
(Ord. 2019-17 § 8 (part), 2019)

15.09.170 Amendment to Section 305.2.1(1).

Section 305.2.1(1) is amended to read as follows:

1. The top of the barrier shall be not less
than sixty (60) inches above grade where mea-
sured on the side of the barrier that faces away
from the pool or spa. Such height shall exist
around the entire perimeter of the barrier and for a
distance of three (3) feet measured horizontally
from the outside of the required barrier.
(Ord. 2019-17 § 8 (part), 2019)

15.09.180 Deletion of Section 305.2.4.

Section 305.2.4 is deleted in its entirety. (Ord.
2019-17 § 8 (part), 2019)

15.09.190 Amendment to Section 305.3.3.
524-1
Section 305.3.3 is amended to read as follows:

Section 305.3.3 La4ehesLatch release.

Where the door or gate latch release mechanism
of the self -latching device is located less than
sixty (60) inches from grade, the release
mechanism shall be located on the pool or spa side
of the gate not less than three (3) inches below the
(Newport Beach 6-20)
21-119

15.09.200
top of the gate, and the gate and barrier shall not
have openings greater than one-half (1/2) inch
within eighteen (18) inches of the release mecha-
nism.
(Ord. 2019-17 § 8 (part), 2019)

15.09.200 Amendment to Section
305.4.11ESERVED
it thee- subseetions t:eWing to tha4 s etion
ing unehanged unless modified by this seet on:

For-
two
three
eemmen poolsor-spasseFviag
and
living
units or asseeiated
be
private premises
the
shall
baffier-. Fe
not permitted as paFt
0 of pool
..,here
family,
. F
poois or- spa gle
the d-welling
walll
the bar
or- stndet-tife
deers
sen,es as paA
dire t
of -
t the
and where provide
through thatv�,all,
the
aeeess
following
pool or- spa
shall be required:
one of
(Ord. 2019-17 § 8 (part), 2019)

15.09�1n0-RESERVED
Seetion 3 05.4 (1) is amended to read as follows:

I . -
(Ord. 2019-17 § 8 (part), 2019)
(Newport Beach 6-20)

15.09.220 Amendment to Sections 305.5(1)
and (2).

Sections 305.5(1) and (2) are amended to read as
follows:

Where only the pool wall serves as the
barrier, the bottom of the wall is on grade, the top
of the wall is not less than 60 inches above grade
for the entire perimeter of the pool, the wall com-
plies with the requirements of Section 305.2 and
the pool manufacturer allows the wall to serve as
a barrier.

2. Where a barrier is mounted on top of the
pool wall, the top of the barrier is not less than 60
inches above grade for the entire perimeter of the
pool, and the wall and the barrier on top of the
wall comply with the requirements of Section
305.2.
(Ord. 2019-17 § 8 (part), 2019)

15.09.230 Amendment to Section 306.1.

Section 306.1 is amended to read as follows:

Section 306.1 General. The structural
design and installation of decks around pools and
spas shall be in accordance with the California
Residential Code or the California Building Code
and this section.
(Ord. 2019-17 § 8 (part), 2019)

15.09.240 Amendment to Section 306.4.

Section 306.4 is amended to read as follows:

Section 306.4 Deck steps handrail
required. Pool and spa deck steps having three or
more risers shall be provided with a handrail.
(Ord. 2019-17 § 8 (part), 2019)
MZ111%
21-120

15.09.250

15.09.250 Amendment to Table 306.5.

Table 306.5 is amended to read as follows:

Table 306.5

MINIMUM DRAINAGE SLOPES FOR DECK SURFACES

SURFACE

MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
Exposed aggregate
'
Textured. hand -finished concrete
' s
Traverture'bricka xt pavers. public pools or spas
%
Travertine. brick -set pavers. residential pools or spas 1 s
Wood
1'
s
NVood-plastic composite
1;$
For SI: 1 irA = 25.4 nmc. 1 foot = 304.8 omz.
(Ord. 2019-17 § 8 (part), 2019)

15.09.260 Amendment to Section 306.9.1
Section 306.9.1 is amended to read as follows
Section 306.9.1 Hose bibbs. Hose bibbs
shall be provided for rinsing down the entire deck
and shall be installed in accordance with the Cal-
ifornia Plumbing Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.270 Amendment to Section 307.1.1.

Section 307.1.1 is amended to read as follows
Section 307.1.1 Glazing in hazardous
locations. Hazardous locations for glazing shall
be as defined in the California Building Code or
the California Residential Code, as applicable.

Where glazing is determined to be in a hazardous
location, the requirements for the glazing shall be
in accordance with those codes, as applicable.
(Ord. 2019-17 § 8 (part), 2019)

15.09.280 Amendment to Section 307.1.3.

Section 307.1.3 is amended to read as follows
Section 307.1.3 Roofs or canopies. Roofs
or canopies over pools and spas shall be in accor-
dance with the California Building Code or Cali -
fornia Residential Code, as applicable, and shall
be constructed so as to prevent water runoff into
the pool or spa.
(Ord. 2019-17 § 8 (part), 2019)

15.09.290 Amendment to Section 307.1.4.

Section 307.1.4 is amended to read as follows:

Section 307.1.4 Accessibility. An accessi-
ble route to pools and spas of new common use
areas serving covered multi -family dwellings
shall be provided in accordance with the Chapter
11A of California Building Code. Accessibility
within pools and spas shall be provided as
required by Chapter 11A of California Building
Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.300 Amendment to Section 307.2.2.

Section 307.2.2 is amended to read as follows:
524-3
Section 307.2.2 Materials and structural
design. Pools and spas shall conform to one or
more of the standards indicated in Table 307.2.2.
(Newport Beach 6-20)
21-121

15.09.310
The structural design of pools and spas shall be in
accordance with the California Building Code.
(Ord. 2019-17 § 8 (part), 2019)
tection against backflow in the potable water sup- ply
shall be provided through an air gap comply- ing with
ASME Al12.1.2 or by a backflow prevention assembly
in accordance with the Cali- fornia Plumbing Code.

15.09.305 Amendment to Section 310.1 (Ord. 2019-17 § 8 (part), 2019) Exception #2
Section 310.1 Exception #2 is amended to read as
follows -
Wading pools shall not have suction outlets.

Skimmers or overflow gutter shall be installed and
shall accommodate 100 percent of the circulations
system flow rate.

15.09.310 Amendment to Section 316.4.

Section 316.4 is amended to read as follows, with
all other subsections relating to that section remain-
ing unchanged unless modified by this section:

Section 316.4 Installation. Heaters shall be
installed in accordance with the manufacturer's
specifications and the California Plumbing Code,
California Mechanical Code, California Energy
Code, California Electrical Code, as applicable.

Solar thermal water heaters shall be installed in
accordance with Section 316.6.
(Ord. 2019-17 § 8 (part), 2019)

15.09.320 Amendment to Section 316.6.1.

Section 316.6.1 is amended to read as follows:

Section 316.6.1 Installation. Solar thermal
water heaters shall be installed in accordance with
the California Mechanical Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.330 Amendment to Section 318.2.

Section 318.2 is amended to read as follows:

Section 318.2 Protection of potable water
supply. Potable water supply systems shall be
designed, installed and maintained so as to pre-
vent contamination from nonpotable liquids, sol-
ids or gases being introduced into the potable
water supply through cross -connections or other
piping connections to the system. Means of pro -
(Newport Beach 6-20)
Wz51
21-122

15.09.340 Amendment to Section 320.1.

Section 320.1 is amended to read as follows:

Section 320.1 Backwash water or
drain- ing water. Waste
AV,4erWastewater from any filter, scum
fil- ter, scum gutter, overflow, pool
emptying line, or similar apparatus shall
discharge into an approved type receptor
and subsequently into a public sewer.

The flood level rim of such receptor shall
be at least six (6) inches above the Base
Design Flood Elevation (DBFE)
indicated in the Flood Insurance Rate
Map as printed by the Federal
Emergency Management Agency's Flood
Insurance Rate Map (FIRM). Direct
connections shall not be made between
the end of the backwash line and the
disposal system. Drains shall discharge
through an air gap.
(Ord. 2019-17 § 8 (part), 2019)

15.09.350 Deletion of Sections 320.2 and
320.3.

Sections 320.2 and 320.3 are deleted in
their entirety. (Ord. 2019-17 § 8 (part),
2019)

15.09.360 Amendment to Section 321A.

Section 321- is deleted in its entirety and replace
with the following:^ ended to read as
follows:

Section 321.1 General. The
provision of Section 321.2 shall apply to
lighting for residential pools and spas.

Section 321.2 Residential pool
and deck illumination. Where lighting
is installed for, and in, residential pools
and permanent residential spas, such
lighting shall be installed in accordance
with California Electrical Code.Seetien
0 0 0
(Ord. 2019-17 § 8 (part), 2019)

15.09.370 Deletion of Chapter 4.

Chapter 4 is deleted in its entirety and renamed to
read as follows:

Chapter 4 Reserved.
(Ord. 2019-17 § 8 (part), 2019)
524-5
(Newport Beach 6-20)
21-123

15.09.380

15.09.380 Deletion of Chapter 5.

Chapter 5 is deleted in its entirety and renamed to
read as follows:

Chapter 5 Reserved.
(Ord. 2019-17 § 8 (part), 2019)

15.09.390 Deletion of Chapter 6.

Chapter 6 is deleted in its entirety and renamed to
read as follows:

Chapter 6 Reserved.
(Ord. 2019-17 § 8 (part), 2019)

15.09.400 Amendment to Section 703.1.

Section 703.1 is amended to read as follows:

Section 703.1 General. Decks provided by
the pool manufacturer shall be installed in accor-
dance with the manufacturer's instructions. Decks
fabricated on -site shall be in accordance with the
California Residential Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.410 Amendment to Section 802.1.

Section 802.1 is amended to read as follows:

Section 802.1 Materials of components
and accessories. The materials of components
and accessories used for permanent inground res-
idential swimming pools shall be suitable for the
environment in which they are installed. The
materials shall be capable of fulfilling the design,
installation and the intended use requirements in
the California Residential Code.
(Ord. 2019-17 § 8 (part), 2019)
(Newport Beach 6-20)
Wz�el

15.09.420 Amendment to Section 802.2.

Section 802.2 is amended to read as follows:

Section 802.2 Structural design. The struc-
tural design and materials shall be in accordance
with the California Building Code.
(Ord. 2019-17 § 8 (part), 2019)

15.09.430 Amendment to Section 901.2.

Section 901.2 is amended to read as follows:

Section 901.2 General. In addition to the
requirements of this chapter, residential spas and
residential exercise spas shall comply with the
requirements of Chapter 3.
(Ord. 2019-17 § 8 (part), 2019)

15.09.440 Addition of Section 903.

Section 903 is added to read as follows:

Section 903 MATERIALS
903.1 Pumps and motors. Pumps and
motors shall be listed and labeled for use in spas.
(Ord. 2019-17 § 8 (part), 2019)

15.09.450 Addition of Section 904.

Section 904 is added to read as follows:

Section 904 STRUCTURE AND DESIGN
904.1 Water depth. The maximum water
depth for spas shall be four (4) feet measured from
the design waterline. The water depth for exercise
spas shall not exceed six (6) feet six (6) inches
measured from the design waterline.
904.2 Multilevel seating. Where multilevel
seating is provided, the maximum water depth of
any seat or sitting bench shall be twenty-eight (28)
inches measured from the design waterline to the
lowest measurable point.
21-124

15.09.460
904.3 Floor slope. The slope of the floor
shall not exceed one (1) unit vertical in twelve
(12) units horizontal (8.3-percent slope). Where
multilevel floors are provided, the change in depth
shall be indicated.
(Ord. 2019-17 § 8 (part), 2019)

15.09.460 Addition of Section 905.

Section 905 is added to read as follows:

Section 905 RETURN AND SUCTION

FITTINGS
905.1 Return fittings. Return fittings shall
be provided and arranged to facilitate a uniform
circulation of water and maintain a uniform sani-
tizer residual throughout the entire spa or exercise
spa.
905.2 Suction fittings. Suction fittings shall
be in accordance with Sections 905.2.1 through
905.2.4.
905.2.1 Testing and certification. Suction
fittings shall be listed and labeled in accordance
with APSP 16.
905.2.2 Installation. Suction fittings shall
be sized and installed in accordance with the man-
ufacturer's specifications. Spas and exercise spas
shall not be used or operated if the suction outlet
cover is missing, damaged, broken or loose.
905.2.3 Outlets per pump. Suction fittings
shall be provided in accordance with Section 310.
905.2.4 Submerged vacuum fittings. Sub-
merged vacuum fittings shall be in accordance
with Section 310.
(Ord. 2019-17 § 8 (part), 2019)

15.10.010

15.09.470 Addition of Section 906.

Section 906 is added as follows:

Section 906 HEATER AND TEMPERA-

TURE REQUIREMENTS
906.1 General. This section pertains to fuel -
fired and electric appliances used for heating spa
or exercise spa water.
906.2 Water temperature controls. Com-
ponents provided for water temperature controls
shall be suitable for the intended application.
906.2.1 Water temperature regulating
controls. Water temperature regulating controls
shall comply with UL 873 or UL 372. A means
shall be provided to indicate the water tempera-
ture in the spa.

Exception: Water temperature regulating
controls that are integral to the heating appliance
and listed in accordance with the applicable end
use appliance standard.
906.2.2 Water temperature limiting con-
trols. Water temperature limiting controls shall
comply with UL 873 or UL 372. Water tempera-
ture at the heater return outlet shall not exceed
140°F (60°C).
(Ord. 2019-17 § 8 (part), 2019)

15.09.480 Addition of Section 907.

Section 907 is added as follows:

Section 907 WATER SUPPLY
907.1 Water temperature. The tempera-
ture of the incoming makeup water shall not
exceed 104°F (40°C).
(Ord. 2019-17 § 8 (part), 2019)
524-7
(Newport Beach 6-20)
21-125

15.11.010
Chapter 15.11

GREEN BUILDING STANDARDS
CODE
Sections:

15.11.010 Adoption of the California
Green Building Standards
Code.

The City Council adopts and incorporates
by ref- erence, as though set forth in full in this
section, the 2419 —2022 Edition of the
California Green Building Stan- dards Code.

The various parts of this code, along with
the amendments and deletions adopted in this
section, shall constitute and be known as the
Newport Beach Green Building Standards
Code. A copy of the 201-9-2022 California
Green Building Standards Code shall be kept
on file in the office of the building official
pursuant to Health and Safety Code Section
18942 (d) (1) and are made available for
public inspectionen f41e in the effeo of th-e
City (Ord. 2019-17 § 12, 2019)
(Newport Beach 8-13)
536-8
21-126

15.13.010
Chapter 15.13

HISTORICAL BUILDING CODE
Sections:

15.13.010 Adoption of the California
Historical Building Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 2019-2022 Edition of the California Historical
Building Code, California Code of Regulations
Title 24, Part 8 and all national codes and standards
referenced therein to the prescribed extent of each
such refer- ence.

The various parts of these codes and standards
shall constitute and be known as the Newport Beach
Historical Building Code. A copy of the 244-9-2022
Cali- fornia Historical Building Code, printed in
code book form, shall be kept on file in the office
of the building official pursuant to Health and
Safety Code Section 18942 (d) (1) and are made
available for public inspection^ fik n *''e&ffeo
of the City Cie (Ord. 2019-17 § 13, 2019)
Chapter 15.14

EXISTING BUILDING CODE
Sections:

15.14.010 Adoption of the California
Existing Building Code.

15.14.010 Adoption of the California Existing
Building Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 24-�9-2022 Edition of the California Existing
Building Code, California Code of Regulations
Title 24 Part 10, Appendix A, Chapters A-1, A-2
and A-3, and all national codes and standards
referenced therein to the prescribed extent of each
such reference.

The various parts of these codes and standards
shall constitute and be known as the Newport Beach
Existing Building Code. A copy of the 2019-2022
Califor- nia Existing Building Code, printed in code
book form, shall be kept on file in the office of the
building official pursuant to Health and Safety
Code Section 18942 (d) (1) and are made available
for public inspectionen file in the e f4ee f the Coy
Gler. (Ord. 2019-17 § 14, 2019)
Chapter 15.17

ENERGY CODE
Sections:

15.17.010 Adoption of the California
Energy Code.

15.17.010 Adoption of the California Energy
Code.

The City Council adopts and incorporates by ref-
erence, as though set forth in full in this section, the 241-9-2022 Edition of the California Energy Code,
Califor- nia Code of Regulations Title 24, Part 6
and all national codes and standards referenced
therein to the prescribed extent of each such
reference.

The various parts of these codes and standards
shall constitute and be known as the Newport Beach
Energy Code. A copy of the 201-9-2022 California
Energy Code, printed in code book form, shall be
536-17 (Newport Beach 6-20)
21-127

kept on file in the office of the building
official pursuant to Health and Safety Code
Section 18942 (d) (1) and are made
(Newport Beach 6-20)
AE:i
available for public inspection^n file it the effieo E)f the City r(Ord. 2019-17 § 15, 2019)
21-128

15.19.010
Chapter 15.19

ELECTRIC VEHICLE CHARGING

STATIONS
Sections:

15.19.010
Purpose.

15.19.020
Applicability.

15.19.030
Definitions.

15.19.040
Electric vehicle charging station
system requirements.

15.19.050
Duties of the Building Division
and Chief Building Official.

15.19.060
Permit review requirements.

15.19.010 Purpose.

The purpose of this chapter is to adopt an expe-
dited, streamlined electric vehicle charging station
permitting process that complies with AB 1236
(Chapter 598, Statutes 2015) ANDand abAB 970
(Chapter 710, Statutes 2021) to achieve timely and
cost-effective installations of electric vehicle
charging stations. The provisions of this chapter
encourage the use of electric vehicle charging sta-
tions by removing unreasonable barriers, minimiz-
ing costs to property owners and the City, and
expanding the ability of property owners to install
electric vehicle charging stations. The provisions of
this chapter further allow the City to achieve these
goals while protecting the public's health, welfare
and safety. (Ord. 2017-10 § 1 (part), 2017)

15.19.20 Applicability.

A. This chapter applies to the permitting of all
electric vehicle charging station systems in the City.

B. Electric vehicle charging station systems
legally established or permitted prior to the effective date of this chapter are not subject to the require-
ments of this chapter unless physical modifications
or alterations are undertaken that materially change
the size, type, or components of an electric vehicle
charging station system. Routine operation and
maintenance or like -kind replacements of electric
vehicle charging stations shall not require a permit.
(Ord. 2017-10 § I (part), 2017)

15.19.30 Definitions.

A. "Association" means a nonprofit corporation
or unincorporated association created for the pur-
pose of managing a common interest development.

B. "Electronic submittal" means the utilization
of one or more of the following:

1. Email;

2. The Internet; or

3. Facsimile.

C. "Common interest development" means any
of the following:

1. A community apartment project;

2. A condominium project;

3. A planned development; or

4. A stock cooperative.

D. "Electric vehicle charging station" or
"charging station" means any level of electric vehi-
cle supply equipment that is designed and built in
compliance with Article 625 of the California Elec-
trical Code, or any successor regulation, and delivers
electricity from a source outside an electric vehicle
into a plug-in electric vehicle.

E. "Specific, adverse impact" means a signifi-
cant, quantifiable, direct, and unavoidable impact,
based on objective, identified, and written public
health or safety standards, policies, or conditions as
they existed on the date the application was deemed
complete.

F. "Community Readiness Guidebook" means
the guidebook published by the Office of Planning
and Research, with recommendations in the most
current version of the "Plug -In Electric Vehicle
Infrastructure Permitting Checklist" of the "Zero -
Emission Vehicles in California." (Ord. 2017-10 § 1
(part), 2017)

15.19.40 Electric vehicle charging station
system requirements.

A. All electric vehicle charging station systems
shall meet applicable health and safety standards and
requirements imposed by the state and the California
Fire Code, as adopted and amended by the City.

B. Electric vehicle charging station systems
shall be certified by an accredited listing agency as
defined by the California Electrical Code.

C. Electric vehicle charging station systems
shall meet all applicable safety and performance
548- (Newport Beach 6-18)
21-129

15.19.050
standards established by the California Electrical
Code, the Society of Automotive Engineers, the
National Electrical Manufacturers Association, and
accredited testing laboratories such as Underwriters
Laboratories and rules of Public Utilities Commis-
sion regarding safety and reliability. (Ord. 2017-10
§ 1 (part), 2017)

15.19.50 Duties of the Building Division and
Chief Building Official.

A. All documents required for the submission of
an expedited electric vehicle charging station system
application shall be made available on the publicly
accessible City website.

B. Electronic submittal of the required permit
application and documents by email, the Internet, or
facsimile shall be made available to all electric vehi- cle charging station system permit applicants.

C. An applicant's electronic signature shall be
accepted on all forms, applications, and other docu-
ments in lieu of a wet signature.

D. The electric vehicle charging station system
permit process and checklist(s) shall substantially
conform to recommendations for expedited permit-
ting, including the "Plug -In Electric Vehicle Infra-
structure Permitting Checklist" contained in the
most current version of the "Zero -Emission Vehicles
in California: Community Readiness Guidebook"
published by the Office of Planning and Research.

E. The City Council, by resolution, may estab-
lish a fee for the processing of electric vehicle
charging station system applications. (Ord. 2017-10
§ 1 (part), 2017)

15.19.60 Permit review requirements.

A. The Building Division shall administratively
approve an application to install electric vehicle
charging stations through issuance of a building per-
mit or similar nondiscretionary permit.

B. The Chief Building Official may require an
applicant to apply for a use permit if the official
finds, based on substantial evidence, that the electric vehicle charging station system could have a spe-
cific, adverse impact upon the public health and
safety.

C. Review of the application shall be limited to
the Chief Building Official's review of whether the
(Newport Beach 6-18)
548-
application meets local, State, and Federal health and
safety requirements.

D. If a use permit is required, the City may deny
an application for the use permit if the City makes
written findings based upon substantive evidence in
the record that the proposed installation would have
a specific, adverse impact upon public health or
safety and there is no feasible method to satisfacto-
rily mitigate or avoid, as defined, the adverse impact.

Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

E. Decisions regarding an electric vehicle
charging station system permit application may be
appealed to the Planning Commission pursuant to
Chapter 20.64, or any successor chapter.

F. Any condition imposed on an application
shall be designed to mitigate the specific, adverse
impact upon health and safety at the lowest possible
cost.

G. The City shall not condition approval of an
application on the approval of an association, as
defined in Section 4080 of the California Civil Code,
or any successor statute.

H. If an application is deemed incomplete, a
written correction notice detailing all deficiencies in the application and any additional information or
documentation required to be eligible for expedited
permit issuance shall be sent to the applicant for
resubmission. (Ord. 2017-10 § 1 (part), 2017)
I. The following timeline is established for the
application for permits for electric vehicle
charging stations.

1. An application to install an electric vehicle
charging station submitted to the building
official shall be deemed complete if, after the
applicable time period described in 1(2) has
elapsed, both of the following are true:
a. The building official has not deemed the
application complete, consistent with the
checklist created by the city12ursuant to Section

15.19.050.
b. The building official of the city, county, or
city and county has not issued a written
correction notice detailing all deficiencies in the
application and identifying any additional
information explicitly necessary for the building
official to complete a review limited to whether
the electric vehicle charging station meets all
21-130

health and safety requirements of local, state, and
federal law, consistent with 15.19.060(H).

2. For the purposes of 15.19.060(I)(1)
"Applicable time period means" either of the
following:
a. Five business days after submission of the
application to the city, if the application is for at
least 1, but not more than 25 electric vehicle
charging stations at a single site.
b. Ten business days after submission of the
application to the city, if the application is for
more than 25 electric vehicle charging stations at
a single site.

J. The following timeline is established for the
approval for permits for electric vehicle charging
stations.

1. An application to install an electric vehicle
charging station shall be deemed approved if the
applicable time period described in J(2) has
elapsed and all of the following are true:
a. The building official has not administratively
approved the application pursuant to

15.19.060(A .
b. The building official has not made a finding,
based on substantial evidence, that the electric
vehicle charging station could have a specific
adverse impact upon the public health or safety
or required the applicant to apply for a use
permit pursuant to 15.19.060(B).
c. The building official of the city, county, or
city and county has not denied the permit
pursuant to 15.19.060(D).
d. An appeal has not been made to the planning
commission of the city, county, or city and
county, pursuant to 15.19.060(E).

2. For the purposes of 15.19.0600)(1)
"Applicable time period means" either of the
following:
a. Twenty business days after the application
was deemed complete, if the application is for at
least 1. but not more than 25 electric vehicle
charging stations at a single site.

I4—b. Forty business days after the application
was deemed complete, if the application is for
more than 25 electric vehicle charging stations
at a single site.
548- (Newport Beach 6-18)
21-131

15.50.010
Chapter 15.50

15.50.250 Flood -Related Erosion -Prone
Areas.

FLOODPLAIN MANAGEMENT*
* Prior ordinance history: Ords. 1779, 88-8 and 91-38.

Sections:

15.50.010 Statutory Authorization.

15.50.010
Statutory Authorization.

The Legislature of the State of California has in

15.50.020
Findings of Fact.

Government Code Sections 65302, 65560 and 65800

15.50.030
Statement of Purpose.
conferred upon local government units authority to

15.50.040
Methods of Reducing Flood
adopt regulations designed to promote the public

15.50.050
Losses.

Definitions.
health, safety, and general welfare of its citizenry.

15.50.060
Lands to Which This Chapter
Therefore, the City Council of the City of Newport
Applies.

Beach does ordain as set out in this chapter. (Ord. 93-

15.50.070
Basis for Establishing the Areas
5 § 1 (part), 1993)
of Special Flood Hazard.

15.50.20 Findings of Fact.

15.50.080
Compliance.

A. The flood hazard areas of the City of Newport

15.50.090
Abrogation and Greater
Beach are subject to periodic inundation which

15.50.100
Restrictions.

Interpretation.
results in loss of life and property, health and safety

15.50.110
Warning and Disclaimer of
hazards, disruption of commerce and governmental
Liability.
services, extraordinary public expenditures for flood

15.50.1 20
Lev ity.
protection and relief, and impairment of the tax base,

15.50.10 Designation of the Floodplain
all of which adversely affect the public health, safety Administrator.
and general welfare.

15.50.135
Permit Review.

B. These flood losses are caused by uses that are

15.50.140
Review, Use of Other Base Flood
inadequately elevated, floodproofed, or protected
Data.
from flood damage. The cumulative effect of

15.50.145
Development of Substantial
obstructions in areas of special flood hazards which
Improvement and Substantial
increase flood heights and velocities also contribute
Damage Procedures.
to the flood loss. (Ord. 93-5 § 1 (part), 1993)

15.50.150
Documentation of Floodplain

15.50.30 Statement of Purpose.

15.50.160
Development.

Notification of Other Agencies.

It is the purpose of this chapter to promote the

15.50.170
Map Determinations.
public health, safety and general welfare, and tomin-

15.50.180
Appeals and Variance
imize public and private losses due to flood condi-
Procedure.
tions in specific areas by provisions designed:

15.50.190
Conditions for Variances.

A. To protect human life and health;

15.50.200
Standards of Construction.

B. To minimize expenditure of public money for

15.50.205
Recreational Vehicles.
costly flood control projects;

15.50.210
Standards for Utilities.

C. To minimize the need for rescue and relief

15.50.220
Standards for Development and
efforts associated with flooding which is generally
Subdivisions.
undertaken at the expense of the general public;

15.50.230
Coastal High Hazard Areas.

D. To minimize prolonged business interrup-

15.50.240
Mudslide Prone Areas.
tions;
E. To minimize damage to public facilities and
utilities such as water and gas mains, electric, tele-
579 (Newport Beach 7-19)
21-133

15.50.040
phone and sewer lines, streets and bridges located in
areas of special flood hazard;
F. To help maintain a stable tax base by provid-
ing for the sound use and development of areas of
special flood hazard so as to minimize future blight
areas caused by flood damage;
G. To ensure that potential buyers are notified
that property is in an area of special flood hazard;
and
H. To ensure that those who occupy the areas of
special flood hazard assume responsibility for their
actions. (Ord. 93-5 § 1 (part), 1993)

15.50.40 Methods of Reducing Flood Losses.

In order to accomplish its purpose, this chapter
includes methods and provisions to:

A. Restrict or prohibit uses which are dangerous
to health, safety, and property due to water or erosion hazards, or which result in damaging increases in
erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods,
including facilities which serve such uses, be pro-
tected against flood damage at the time of initial con- struction;
C. Controlling the alteration of natural flood -
plain, stream channels, and natural protective barri-
ers, which help accommodate or channel flood
waters;
D. Control filling, grading, dredging, and other
development which may increase flood damage; and
E. Prevent or regulate the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
(Ord. 93-5 § 1 (part), 1993)

15.50.50 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.
"Addition cost" means the "addition" square foot-
age multiplied by the cost per foot average as deter-
mined by the Building Official.
(Newport Beach 7-19)
W:1C
"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.
"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 FIRM. The base flood depths
range from one to three feet; a clearly defined chan-
nel does not exist; the path of flooding is unpredict-
able and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding
or sheet flow.
"Area of special flood -related erosion hazard"
means the land within a community, which is most
likely to be subject to severe flood -related erosion
losses. The area may be designated as Zone E on the
FIRM.
"Area of special flood hazard." See "Special flood
hazard area."
"Area of special mudslide (i.e., mudflow) hazard"
means the area subject to severe mudslides (i.e.,
mudflows). The area is designated as Zone M on the
FIRM.
"Base flood" means a flood, which has a one per-
cent chance of being equaled or exceeded in any
given year (also called the "one hundred (100)-year
flood"). Base flood is the term used through this
chapter.
"Basement" means any area of the building hav-
ing 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 no more than twenty (20) pounds per square
foot. Use of breakaway walls must be certified by a
21-134

15.50.050
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."
"Base Flood Elevation" Elevation of flooding,
including wave height, having a 1% chance of
being equaled or exceeded in any given year.
"Coastal high hazard area" means an area of spe-
cial 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 the FIRM as Zone VE or V.
"Current value of the structure" means the exist-
ing structure square footage multiplied by the cost
per foot average as determined by the Building Offi-
cial.
"Design Flood Elevation" The design flood
elevation shall be used to define flood hazard areas.

At a minimum, the design flood elevation shall be
the higher of the following_

1.The base flood elevation at the depth of peak
elevation of flooding, including wave height, that
has a 1-percent (100-year flood) or greater chance
of being equaled or exceeded in M given year plus
one foot of freeboard.

2.The elevation of the design flood associated
with the area designated on a flood hazard map
adopted by the community, or otherwise legally
designated.
"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 mate-
rials.
"Existing manufactured home park or subdivi-
sion" means a manufactured home park or subdivi-
sion for which the construction of facilities for
servicing the lots on which the manufactured homes
were affixed (including, at a minimum, the installa-
tion of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)
was completed before August 28, 1978, which was
the effective date of the floodplain management reg-
ulations adopted by the City.
"Expansion to an existing manufactured home
park or subdivision" means the preparation of addi-
tional sites by the construction of facilities for servic- ing 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).
581 (Newport Beach 7-19)
21-135

"Flood, flooding, or flood water" means: of police power

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 Emer-
gency Management Agency or Federal Insurance
and Mitigation Administration has delineated both
the areas of special flood hazards and the
floodway. "Flood hazard boundary map" or
"FHBM" means the official map on which the
Federal Emergency Management Agency has
delineated the areas of
flood hazards.
"Flood insurance rate map" or "FIRM" means
the official map on which the Federal Emergency
Man- agement Agency has delineated both the
areas of special flood hazards and the risk premium
zones applicable to the community.
"Flood insurance study" or "FIS" means the
offs- cial report provided by the Federal Emergency
Man- agement Agency 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 emer- gency 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, spe- cial purpose ordinances (such as
grading and erosion control) and other applications
(Newport Beach 7-19)
WX
21-136

15.50.050
which control development in flood -prone areas.

This term describes federal, state or local regulations in any combination thereof, which provide standards
for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of struc-
tural and nonstructural additions, changes, or adjust-
ments to structures, which reduce or eliminate flood
damage to real estate or improved real property,
water and sanitary facilities, structures, and their
contents.
"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, as delineated on the FIRM. Also
referred to as a "regulatory floodway."
"Fraud and victimization" as related to Section

15.50.190, Variances, of this chapter, means that the
variance granted must not cause fraud on or victim-
ization of the public. In examining this requirement,
the City of Newport Beach will consider the fact that
every newly constructed building adds to govern-
ment responsibilities and remains a part of the com-
munity for fifty (50) to one hundred (100) 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 pur-
chase the property, unaware that it is subject to
potential flood damage, and can be insured 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 facil-
ities 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 stor- age 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.
"Hardship" as related to Section 15.50.190, Vari-
ances, of this chapter, means the exceptional hard-
ship 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 eco-
nomic 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 expensive, 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 natu-
ral elevation of the ground surface prior to construc-
tion 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 the Interior) or preliminarily deter-
mined 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 histor- ical 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 his-
toric places in states with historic preservation pro-
grams which have been approved by the Secretary of
the Interior; or

4. Individually listed on a local inventory of his-
toric places in communities with historic preserva-
tion programs that have been certified either by an
approved state program as determined by the Secre-
tary of the Interior or directly by the Secretary of the Interior in states with approved programs.
"Lowest floor" means the lowest floor of the low-
est enclosed area, including basement. An unfin-
ished 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 lowest floor; provided,
583
(Newport Beach 7-19)
21-137

15.50.050
that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design requirements of this chapter. (Note: This defi-
nition allows garages serving one or two dwelling
units to be built at grade. Below grade garages serv-
ing one or two dwelling units are not allowed as they
are considered to be basements.)
"Manufactured home" means a structure, trans-
portable 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.
"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 con- dition 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 construction of streets, and either final site grading or the pouring of concrete pads) is com-
pleted on or after the effective date of floodplain
management regulations adopted by this commu-
nity.
"North American Vertical Datum of 1988
(NAVD)" means, for the purpose of National Flood
Insurance Program, the vertical datum to which base
flood elevations shown on a community's flood
insurance rate map are referenced.
(Newport Beach 7-19)
WE
"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 like- lihood 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 rela-
tively steep seaward and landward slopes immedi-
ately 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

15.50.190, 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 nav-
igable 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

4. Designed primarily not for use as a perma-
nent 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 sur-
21-138

15.50.050
face elevation more than one foot, as delineated on
the FIRM.
"Remodel" means any reconstruction, rehabilita-
tion or renovation of an existing structure whereby
no additional floor area is added to an existing struc- ture.
"Remodel cost" means the cost of the remodel as
determined by the Building Official.
"Sand dunes" means naturally occurring accumu-
lations of sand in ridges or mounds landward of the
beach.
"Sheet flow area." See "Area of shallow flood-
ing."
"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, AE, A99, AH, 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 excava-
tion; or the placement of a manufactured home on a
foundation. Permanent construction does not include
land preparation, such as clearing, grading and fill-
ing; 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 erec-
tion 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 "sub-
stantial improvement," the actual start of construc-
tion means 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 condi-
tion (see "Remodel cost") would equal or exceed
fifty (50) percent of the current value of the structure before the damage occurred.
"Substantial improvement" means any new con-
struction, "remodel" or "addition," 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, the term does not
include:

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 Offi-
cial and which are the minimum necessary to assure
safe living conditions; or

2. Any alteration of a historic structure; pro-
vided, that the alteration will not preclude the struc- ture'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 con-
struction in a manner that would otherwise be pro-
hibited by this chapter.
"Violation" means the failure of a structure or
other development to be fully compliant with this
chapter. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that
documentation is provided.
"Water surface elevation" means the height, in
relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified)
of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
"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. (Ord.
585
(Newport Beach 7-19)
21-139

15.50.060
2019-2 §§ 3, 4, 2019; Ord. 2011-5 § 8 (part), 2011:

Ord. 2005-5 § 4 (part), 2005: Ord. 2002-20 § 8
(part), 2002: Ord. 93-5 § 1 (part), 1993)

15.50.060 Lands to Which this Chapter
Applies.

This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the City of
Newport Beach. (Ord. 93-5 § 1 (part), 1993)

15.50.070 Basis for Establishing the Areas of
Special Flood Hazard.

The areas of special flood hazard identified by the
Federal Emergency Management Agency (FEMA)
in the "Flood Insurance Study (FIS) for Orange
County, California and Incorporated Area" dated
revised Peeeffiber 3, 2009 March 21, 2019, with
accompanying Flood Insur- ance Rate Maps
(FIRMS), dated revised Deeember 3, ZS09March
21, 2019, and all subsequent amendments and/or
revisions, are hereby adopted by reference and
declared to be a part of this chapter. This FIS, and
all subsequent amend- ments and/or revisions, and
attendant mapping are the minimum area of
applicability of this chapter and may be
supplemented by studies for other areas which
allow implementation of this chapter and which are
recommended to the City Council by the Floodplain
Administrator. The FIS and the FIRMs are on file
at the Office of the Community Develop- ment
Department at 100 Civic Center Drive, New- port
Beach, California 92660. (Ord. 2019-2 § 5,
2019: Ord. 2011-5 § 8 (part), 2011: Ord. 2005-5 § 4
(part), 2005: Ord. 95-36 § 1, 1995: Ord. 93-5 § 1
(part), 1993)

15.50.080 Compliance.

No structure or land shall hereafter be con-
structed, located, extended, converted, or altered
without full compliance with the terms of this chap-
ter and other applicable regulations. Violations of
the provisions of this chapter by failure to comply
with any of its requirements (including violations of
conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor.

Nothing herein shall prevent the City Council from
taking such lawful action as is necessary to prevent
or remedy any violation. (Ord. 93-5 § 1 (part), 1993)
(Newport Beach 7-19)
MR

15.50.090 Abrogation and Greater
Restrictions.

This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail. (Ord.
93-5 § 1 (part), 1993)

15.50.100 Interpretation.

In the interpretation and application of this chap-
ter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing
body; and
C. Deemed neither to limit nor repeal any other
powers granted under State statutes. (Ord. 93-5 § 1
(part), 1993)

15.50.110 Warning and Disclaimer of
Liability.

The degree of flood protection required by this
chapter is considered reasonable for regulatory pur-
poses and is based on scientific and engineering con-
siderations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-
made or natural causes. This chapter does not imply
that land outside the areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not
create liability on the part of the City of Newport
Beach, any officer or employee thereof, or the Fed-
eral Insurance Administration, Federal Agency
Management Agency for any flood damages that
result from reliance on this chapter or any adminis-
trative decision lawfully made thereunder. (Ord. 93-
5 § 1 (part), 1993)

15.50.120 Severability.

This chapter and the various parts thereof are
hereby declared to be severable. Should any section
of this chapter be declared by the courts to be uncon-
stitutional or invalid, such decision shall not affect
the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be
21-140

15.50.130
unconstitutional or invalid. (Ord. 93-5 § 1 (part),
1993)

15.50.130 Designation of the Floodplain
Administrator.

The City Manager or his designated representa-
tive is hereby appointed to administer, implement
and enforce this chapter by granting or denying
development permit applications in accordance with
its provisions. The Floodplain Administrator shall
also:

A. Take action to remedy violations of this chap-
ter;
B. Complete and submit a biennial report to
FEMA; and
C. Assure the community's General Plan is con-
sistent with floodplain management objectives.
(Ord. 2011-5 § 8 (part), 2011: Ord. 2002-20 § 8
(part), 2002: Ord. 93-5 § 1 (part), 1993)

15.50.135 Permit Review.

The Floodplain Administrator or his designated
representative shall review all development permits
to determine:

A. Permit requirements of this chapter have been
satisfied, including determination of substantial
improvement and substantial damage of existing
structures;
B. All other required State and Federal permits
have been obtained;
C. The site is reasonably safe from flooding;
D. The proposed development does not
adversely affect the carrying capacity of areas where
base flood elevations have been determined but a
floodway has not been designated. This means that
the cumulative effect of the proposed development
when combined with all other existing and antici-
pated development will not increase the water sur-
face elevation of the base flood more than one foot at
any point; and
E. All Letters of Map Revision (LOMRs) for
flood control projects are approved prior to the issu-
ance of building permits. Building permits must not
be issued based on Conditional Letters of Map Revi-
sion (CLOMRs). Approved CLOMRs allow con-
struction of the proposed flood control project and
land preparation as specified in the "start of con-
struction" definition. (Ord. 2011-5 § 8 (part), 2011)

15.50.140 Review, Use of Other Base Flood
Data.

When base flood elevation data has not been pro-
vided in accordance with Section 15.50.070, the
Floodplain Administrator, or his or her designated
representative, shall obtain, review and reasonably
utilize any base flood elevation and floodway data
available from a Federal, State or other source, in
order to administer Sections 15.50.200 through

15.50.250. (Ord. 2019-2 § 6, 2019: Ord. 2011-5 § 8
(part), 2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-
5 § 1 (part), 1993)

15.50.145 Development of Substantial
Improvement and Substantial
Damage Procedures.

The Floodplain Administrator or his designated
representative shall:

A. Answer to questions about substantially dam-
aged buildings, develop detailed procedures for
identifying and administering requirements for sub-
stantial improvement and substantial damage to
include defining "current value of the structure."
B. Assure procedures are coordinated with other
departments/divisions and implemented by commu-
nity staff. (Ord. 2011-5 § 8 (part), 2011)

15.50.150 Documentation of Floodplain
Development.

The Floodplain Administrator shall obtain and
maintain for public inspection and make available as
needed:

A. The certification required in Section

15.50.200(C)(1)(e);
B. The certification required in Section

15.50.200(C)(2)(c) (elevation or floodproofing of
nonresidential structures);
C. The certified elevation required in Section

15.50.220(B) (subdivision standards). (Ord. 2002-20
§ 8 (part), 2002: Ord. 93-5 § 1 (part), 1993)
587
(Newport Beach 7-19)
21-141

15.50.160

15.50.160 Notification of Other Agencies.

A. Alteration or Relocation of a Watercourse.

The Floodplain Administrator or his designated rep-
resentative shall:

1. Notify adjacent communities and the Califor-
nia Department of Water Resources prior to alter-
ation or relocation;

2. Submit evidence of such notification to the
Federal Emergency Management Agency;

3. Assure that the flood carrying capacity within
the altered or relocated portion of said watercourse is maintained.

B. Base Flood Elevation Changes Due to Physi-
cal Alterations. The Floodplain Administrator or his
designated representative shall:

1. Within six months of information becoming
available or project completion, whichever comes
first, submit or assure that the permit applicant sub-
mits technical or scientific data to FEMA for a Letter
of Map Revision (LOMR).

2. Verify all LOMRs for flood control projects
are approved prior to the issuance of building per-
mits. Building permits must not be issued based on
Conditional Letters of Map Revision (CLOMRs).

Approved CLOMRs allow construction of the pro-
posed flood control project and land preparation as
specified in the "start of construction" definition.

Such submissions are necessary so that upon confir-
mation of those physical changes affecting flooding
conditions, risk premium rates and floodplain man-
agement requirements are based on current data.

C. Changes in Corporate Boundaries. The
Floodplain Administrator or his designated represen-
tative shall notify FEMA in writing whenever the
corporate boundaries have been modified by annex-
ation or other means and include a copy of a map of
the community clearly delineating the new corporate
limits. (Ord. 2011-5 § 8 (part), 2011)

15.50.170 Map Determinations.

The Floodplain Administrator shall make inter-
pretations where needed, as to the exact location of
the boundaries of the area of special flood hazards
(for example, where there appears to be a conflict
between a mapped boundary and actual field condi-
tions). The person contesting the location of the
boundary shall be given a reasonable opportunity to
(Newport Beach 7-19)
MR
appeal the interpretation as provided in Section

15.50.180. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5
§ 1 (part), 1993)

15.50.180 Appeals and Variance Procedure.

A. The Planning Commission shall hear and
decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by
the Floodplain Administrator or his designated rep-
resentative, in the enforcement or administration of
this chapter.

B. The Planning Commission shall review and
decide requests for variances. In ruling on such
applications, the Planning Commission shall con-
sider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter,
and:

1. The danger that materials may be swept onto
other lands to the injury of others;

2. The danger to life and property due to flood-
ing or erosion damage;

3. The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner and future owners
of the property;

4. The importance of the services provided by
the proposed facility to the community;

5. The necessity to the facility of a waterfront
location, where applicable;

6. The availability of alternative locations for
the proposed use, which are not subject to flooding
or erosion damage;

7. The compatibility of the proposed use with
existing and anticipated development;

8. The relationship of the proposed use to the
comprehensive plan and floodplain management
program of that area;

9. The safety of access to the property in times
of flood for ordinary and emergency vehicles;

10. The expected heights, velocity duration, rate
of rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at
the site; and

11. The costs of providing governmental services
during and after flood conditions, including mainte-
nance and repair of public utilities and facilities such 21-142

15.50.190
as sewer, gas, electric, water systems, and streets and bridges.

C. Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size con-
tiguous to and surrounded by lots with existing struc-
tures constructed below the base flood level,
providing all items in this chapter have been fully
considered. As lot size increases beyond one-half
acre, the technical justification required for issuing
the variance increases.

D. Upon consideration of the factors set forth in
Section 15.50.190 and the purposes of this chapter,
the Planning Commission may attach conditions to
the granting of variances as it deems necessary to
further the purposes of this chapter.

E. Those aggrieved by the decision of the Plan-
ning Commission may appeal such decision to the
City Council as provided in Title 20. A member of
the City Council may call for review any decision of
the Planning Commission under this chapter as pro-
vided in Title 20.

F. The Floodplain Administrator shall maintain
the records of all appeal actions and report any vari-
ances to the Federal Emergency Management
Agency in the biennial report. (Ord. 2019-2 § 7,
2019: Ord. 2015-9 § 28, 2015; Ord. 2013-24 § 14,
2013: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1
(part), 1993)

15.50.190 Conditions for Variances.

A. Variances may be issued for the reconstruc-
tion, 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 sec-
tion upon determination that the proposed repair or
rehabilitation will not preclude the structure's con-
tinued designation as a historic structure and the
variance is the minimum necessary to preserve the
historic character and design of the structure.

B. Variances shall not be issued within any des-
ignated floodway if any increase in flood levels
during the base flood discharge would result.

C. Variances shall only be issued upon a deter-
mination that the variance is the minimum neces-
sary, considering the flood hazard, to afford relief.

D. Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the vari-
ance would result in exceptional hardship to the
applicant; and

3. A determination that the granting of a vari-
ance will not result in increased flood heights, addi-
tional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on, or victim-
ization of, the public, or conflict with existing local laws or ordinances.

E. Variances may be issued for new construc-
tion and substantial improvements and for other
development necessary for the conduct of a function-
ally dependent use; provided, that the structure or
other development is protected by methods that min-
imize flood damages during the base flood and create
no additional threats to public safety.

F. 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 low-
est 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. (Ord. 2011-5 § 8 (part),
2011: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1
(part), 1993)

15.50.200 Standards of Construction.

In all areas of special flood hazards, all new con-
struction, all substantial improvements of structures,
including, but not limited to, a structure used for a
residential or nonresidential use, or any manufac-
tured home, shall meet the following standards:

A. Anchoring. Adequate anchoring to prevent
flotation, collapse or lateral movement of the struc-
ture resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.

B. Construction Materials and Methods.

1. With materials and utility equipment resistant
to flood damage;

2. Using methods and practices that minimize
flood damage;
589
(Newport Beach 7-19)
21-143

15.50.200

3. With electrical, heating, ventilation, plumb-
ing 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

4. For AH or AO Zones, so that there are ade-
quate drainage paths around structures on slopes to
guide flood waters around and away from proposed
structures.

C. Elevation and Floodprooflng.

1. Residential construction shall have the lowest
floor, including basement:
a. 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 plus 1 _
foot of freeboard, or ele- vated at least two feet
above the highest grade if no depth number is
specified.
b. In an unnumbered A Zone, elevated to or
above the base flood elevation, as determined by
the City of New- port Beach.
1}c. Coastal High Hazard Zones, VE and Coastal
A Zones, shall also comply with the requirements
of Section 15.50.230
Ed_In all other zones, elevated to or above the
ba-se-design flood elevation per Section 15.50.070.
d-e_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 flooding, shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
flood water. Designs for meeting this requirement
must exceed the following minimum criteria:
i. Be certified by a registered professional engi-
neer or architect to comply with a local floodproof-
ing standard approved by the Federal Emergency
Management Agency; or
ii. Have a minimum of two openings on
different sides of each enclosed area having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flood- ing
where the enclosed area is measured on the exterior
of the enclosure walls. The bottom of all openings
shall be no higher than one foot above gr-adethe
higher of the final interior grade or floor and the
finished exterior grade immediately under each
opening. Openings may be equipped with screens,
louvers, valves or other cov- erings or devices;
(Newport Beach 7-19) 590
provided, that they permit the automatic entry
and exit of flood water. Openings shall be
permitted to be installed in doors and windows,
doors and windows without installed openings do
not meet the requirements of this section.
e.f_Upon completion of the structure, the
eleva- tion of the lowest floor including basement
shall be certified by a registered professional
engineer or sur- veyor, and verified by the
community building inspector to be properly
elevated. Such certification
21-144

or verification shall be provided to the Floodplain
Administrator.

2. Nonresidential Construction. Nonresidential
construction shall either be elevated to conform with
subsections (C)(1)(a), (b) and (c) of this section or
together with attendant utility and sanitary facilities:
a. Be floodproofed below the elevation recom-
mended under subsections (C)(1)(a), (b) and (c) of
this section so that the structure is watertight with
walls substantially impermeable to the passage of
water;
b. Have structural components capable of resist-
ing hydrostatic and hydrodynamic loads and effects of
buoyancy; and
c. Be certified by a registered professional engi-
neer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator.

3. Manufactured Homes. Manufactured homes
that are placed or substantially improved shall be ele- vated to or above the base flood elevation and be
securely anchored to an adequately anchored foun-
dation system to resist flotation, collapse and lateral movement.

15.02.10. In addition to submittals required by the
Newport Beach Administrative Code, drawings shall
show the nature, location, dimensions, and eleva-
tions of each structure; existing and proposed grades,
and drainage facilities. Specifically, the following
information is required:

1. Proposed elevation, as determined by a
licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all struc-
tures;

2. Proposed elevation, in relation to NAVD, to
which any structure will be floodproofed;

3. All appropriate certifications listed in Section

15.50.150;

4. Description of the extent to which any water-
course will be altered or relocated as a result of the
proposed development; and
589
(Newport Beach 7-19)
21-145

15.50.205

5. Plans for any walls to be used to enclose
space below the base flood levels.

E. Floodways. Encroachments, including fill,
new construction, substantial improvements, and
other development within floodways are prohibited,
unless it has been demonstrated to the satisfaction of
the Floodplain Administrator through hydrologic
and hydraulic analysis performed and certified by a
registered civil engineer in accordance with standard
engineering practice that the proposed encroachment
will not result in any increase in flood levels during
the occurrence of the base flood discharge. (Ord.
2019-2 § 8, 2019: Ord. 2011-5 § 8 (part), 2011: Ord.
2005-5 § 4 (part), 2005: Ord. 2002-20 § 8 (part),
2002: Ord. 95-36 § 2, 1995: Ord. 93-5 § 1 (part),
1993)

15.50.205 Recreational Vehicles.

In all areas of special flood hazards, all recre-
ational vehicles shall:

A. Be on the site for fewer than one hundred
eighty (180) consecutive days; or
B. 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 secu-
rity devices, and has no permanently attached addi-
tions). (Ord. 2018-2 § 9, 2019)

15.50.210 Standards for Utilities.

A. All new and replacement electrical, heating,
ventilation, plumbing and air conditioning equip-
ment and other service facilities shall be designed
and/or located so as to prevent water from entering
or accumulating within the components during con-
ditions of flooding using the following minimum
requirements or similar methods:.

1. Electrical service conduits and cables below
the design flood elevation shall be waterproofed
or conform to the provisions of the electrical
code for wet locations.

2. Panelboards, load centers, main disconnect
switches, and all circuit breakers shall be located
above and be accessible from above the Design
Flood Elevation.

3. Plumbing systems and components,
including plumbing fixtures, shall be elevated
(Newport Beach 7-19)
590
above the design flood elevation. The openings shall be protected with automatic backwater valves or other
automatic backflow devices. Devices shall be installed
in each line that extends below the design flood
elevation to prevent release of sewage into floodwaters and to prevent infiltration by floodwaters into the
plumbing.

4. Ductwork and ductwork insulation shall be at or
above the design flood elevation unless designed,
constructed, and installed to resist all flood -related loads and to prevent floodwater from entering or accumulating within the ductwork.

5. Air intake openings and exhaust outlets shall be at
or above the design flood elevation.

6. All elevator components shall be located above the
design flood elevation.

B. New and replacement sanitary sewage sys- tems
shall be designed to minimize or eliminate infil- tration of flood waters into the systems and discharge from the
systems into flood waters.

C. On -site waste disposal systems shall be located to
avoid impairment to them or contamina- tion from them
during flooding. (Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1 (part), 1993)
21-146

15.50.220 Standards for
Development and
Subdivisions.

A. All preliminary development and
subdivision proposals shall identify the
flood hazard area and elevation of the base
flood.

B. All final development and
subdivision plans will provide the elevation
of proposed structure(s) and pad(s). If the
site is filled above the base flood, the final
pad elevation shall be certified by a regis-
tered professional engineer or surveyor and
provided to the Floodplain Administrator.

C. All development and subdivision
proposals shall be consistent with the need
to minimize flood damage.

D. All development and subdivision
proposals shall have public utilities and
facilities such as sewer, gas, electric and
water systems located and constructed to
minimize flood damage.

E. All development and subdivisions
shall pro- vide adequate drainage to reduce
exposure to flood hazards.

F. A development permit shall be
obtained before any construction begins on
a development or a subdivision, including
manufactured homes, within any area of
special flood hazards established in Section

15.50.070. Application for a development
permit shall be made on forms furnished by
the City Manager or his or her designated
representative and shall include but not be
limited to: plans in duplicate, drawn to scale
showing: the location, dimensions, and
elevations of each existing or proposed
structure within the development or
subdivision; existing and proposed grades,
and drainage facilities. Specifi- cally, the
following information is required:

1. Proposed locations of water supply,
sanitary sewer, and other utilities;

2. Location of the regulatory floodway
when applicable;

3. Base flood elevation information as
specified in Section 15.50.070;

4. Proposed elevation, in relation to
NAVD, as determined by a licensed land
surveyor or registered civil engineer, of the lowest
floor (including base- ment) of all structures;

5. Proposed elevation, in relation to NAVD, of
the lowest floor (including basement) of all struc-
tures;
589
(Newport Beach 7-19)
21-147

15.50.230

6. Proposed elevation, in relation to NAVD, to
which any nonresidential structure will be flood -
proofed, as required under Section 15.50.200(C)(2)
and detailed in FEMA Technical Bulletin TB 3-93,
which Bulletin is incorporated herein by this refer-
ence as though fully set forth;

7. Certification from a registered civil engineer
or architect that the nonresidential floodproofed
building meets the floodproofing criteria in Section

15.50.200(C)(2)(c);

8. All appropriate certifications listed in Section

15.50.150;

9. Description of the extent to which any water-
course will be altered or relocated as a result of the
proposed development;

10. Plans for any walls to be used to enclose
space below the base flood level; and

11. Provide certification that all necessary per-
mits have been obtained from Federal, State, and
local governmental agencies from which prior
approval is required.

NOTE: It is the developer's responsibility to
obtain these approvals.

G. The Floodplain Administrator shall:

1. Review all development permits to determine
that the permit requirements of this chapter have
been satisfied;

2. Review the developer's certification that all
other required State and Federal permits have been
obtained;

3. Review all development permits to determine
that the proposed development does not adversely
affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has
not been designated;

4. Review all development permits in the
coastal high hazard area of the area of special flood
hazard to determine if the proposed development
alters sand dunes so as to increase potential flood
damage;

5. Review all development permits to determine
whether proposed building sites will be reasonably
safe from flooding; and

6. Take action to remedy violations of this chap-
ter. (Ord. 2019-2 § 10, 2019: Ord. 2005-5 § 4 (part),
2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1
(part), 1993)
(Newport Beach 7-19)
590

15.50.230 Coastal High Hazard Areas.

Within coastal high hazard areas, Zones V, V 1-
30, and VE, as delineated in the FIS and FIRM, the
following standards shall apply:

A. All new residential and nonresidential con-
struction, including substantial improvement/dam-
age, and manufactured homes shall be elevated on
adequately anchored pilings or columns and securely
anchored to such pilings or columns so that the bot-
tom of the lowest horizontal structural members of
the lowest floor (excluding the pilings and columns)
is elevated to or above the base —design flood
kwi4elevation. The pile or 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 California Building Code.

B. All new construction and other development
shall be located on the landward side of the reach of
mean high tide.

C. All new construction and substantial
improvement shall have the space below the lowest
floor free of obstructions or constructed with break-
away walls as defined in Section 15.50.050. Such
enclosed space shall not be used for human habita-
tion and will be usable solely for parking of vehicles, building access or storage. Elevator shafts in
Coastal High Hazard Areas and Coastal A Zones
are not required to have breakaway walls and shall
comply with FEMA Technical Bulletin 4, Elevator
Installation (latest edition).

D. Fill shall not be used for structural support of
buildings.

E. Manmade alteration of sand dunes which
would increase potential flood damage is prohibited.

F. The Floodplain Administrator shall obtain
and maintain the following records:

1. Certification by a registered engineer or land
surveyor that a proposed structure complies with
subsection (A) of this section;

2. The elevation (in relation to mean sea level)
of the bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings or col-
umns) of all new and substantially improved struc-
tures, and whether such structures contain a
basement. (Ord. 2019-2 § 11, 2019: Ord.
590-1
(Newport Beach 7-19)
21-148

15.50.240
2011-5 § 8 (part), 2011: Ord. 2002-20 § 8 (part),
2002: Ord. 93-5 § 1 (part), 1993)

15.50.240 Mudslide Prone Areas.

A. The Floodplain Administrator shall review
permits for proposed construction and development
to determine if it is proposed within a mudslide area.

B. Permits shall be reviewed to determine that
the proposed site and improvement will be reason-
ably safe from mudslide hazards. Factors to be con-
sidered in making this determination include but are
not limited to the:

1. Type and quality of soils,

2. Evidence of ground water or surface water
problems,

3. Depth and quality of any fill,

4. Overall slope of the site, and

5. Weight that any proposed development will
impose on the slope.

C. Within areas which may have mudslide haz-
ards, the Floodplain Administrator shall require that:

1. A site investigation and further review be
made by persons qualified in geology and soils engi-
neering;

2. The proposed grading, excavation, new con-
struction, and substantial improvement be ade-
quately designed and protected against mudslide
damages;

3. The proposed grading, excavations, new con-
struction, and substantial improvement not aggra-
vate the existing hazard by creating either on -site or off -site disturbances; and

4. Drainage, planting, watering, and mainte-
nance not endanger slope stability. (Ord. 2002-20
§ 8 (part), 2002: Ord. 93-5 § 1 (part), 1993)

15.50.250 Flood -Related Erosion -Prone
Areas.

A. The Floodplain Administrator shall require
permits for proposed construction and other devel-
opment within all flood -related erosion -prone areas
as known to the community;
B. 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 ero-
sion hazards or otherwise aggravate the existing haz-
ard;
C. 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 relo-
cated or adequate protective measures shall be taken
to avoid aggravating the existing erosion hazard;
D. Within zone VE 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 des-
ignated according to the flood -related erosion hazard
and erosion rate, in relation to the anticipated "Use-
ful life" of structures, and depending upon the geo-
logic, hydrologic, topographic, and climatic
characteristics of the land. The buffer may be used
for suitable open space purposes, such as for agricul-
tural, forestry, outdoor recreation and wildlife habi-
tat areas, and for other activities using temporary and portable structures only. (Ord. 2005-5 § 4 (part),
2005: Ord. 2002-20 § 8 (part), 2002: Ord. 93-5 § 1
(part), 1993)
591 (Newport Beach 8-13)
21-151

15.55.010
(Newport Beach 8-13)
592
21-152

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10133H442

INTERNATIONAL

PROPERTY
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101338442
2021 International Property Maintenance Code'
Date of First Publication: September 30, 2020
First Printing: September 2020
ISBN: 978-1-60983-971-0 (soft-cover edition)
COPYRIGHT © 2020
by
INTERNATIONAL CODE COUNCIL, INC.

ALL RIGHTS RESERVED. This 2021 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on use rights and permissions, please contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478.

Phone 1-888-ICC-SAFE (422-7233).

Trademarks: "International Code Council," the "International Code Council" logo, "ICC," the "ICC' logo, "International Prop- erty Maintenance Code," "IPMC" and other names and trademarks appearing in this book are trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission.

T025354 PRINTED IN THE USA
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1 M 338442
Introduction
Development

PREFACE
The International Property Maintenance Code® (IPMC®) establishes minimum requirements for the maintenance of existing buildings through model code regulations that contain clear and specific prop- erty maintenance and property improvement provisions. This 2021 edition is fully compatible with all of the International Codes® (I -Codes°) published by the International Code Council° (ICC°), including the International Building Code' (IBC°), International Energy Conservation Code' (IECC°), Interna- tional Existing Building Code® (IEBC°), International Fire Code' (IFC°), International Fuel Gas Code' (IFGC®), International Green Construction Code® (IgCC°), International Mechanical Code° (IMC°), International Plumbing Code' (IPC®), International Private Sewage Disposal Code' (IPSDC°), Interna- tional Residential Code° (IRC°), International Swimming Pool and Spa Code® (ISPSC°), International Wildland-Urban Interface Code° (IWUIC®), International Zoning Code° (IZC®) and International Code Council Performance Code° (ICCPC°).

The I -Codes, including the IPMC, are used in a variety of ways in both the public and private sectors.

Most industry professionals are familiar with the I -Codes as the basis of laws and regulations in com- munities across the US and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including:
• Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance.
• The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions.
• Certification and credentialing of individuals involved in the fields of building design, construc- tion and safety.
• Certification of building and construction -related products. • US federal agencies, to guide construction in an array of government -owned properties. • Facilities management.
• `Best practices" benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism.
• College, university and professional school textbooks and curricula. • Reference works related to building design and construction.

In addition to the codes themselves, the code development process brings together building pro- fessionals on a regular basis. It provides an international forum for discussion and deliberation about building design, construction methods, safety, performance requirements, technological advances and innovative products.

This 2021 edition presents the code as originally issued, with changes reflected in the 2003 through 2018 editions and with further changes developed through the ICC Code Development Process through 2019. A new edition of the code is promulgated every 3 years.

This code is intended to establish provisions that adequately protect public health, safety and wel- fare and that neither unnecessarily increase construction costs nor give preferential treatment to par- ticular types or classes of materials, products or methods of construction. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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101338442
Maintenance
The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code develop- ment process in which all interested and affected parties may participate.

The ICC Code Development Process reflects principles of openness, transparency, balance, due pro- cess and consensus, the principles embodied in OMB Circular A-119, which governs the federal gov- ernment's use of private -sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC's cloud -based app, cdpAc- cess°. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons.

In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC's important public safety mission. Some code development committee members were nominated by the following industry partners and approved by the ICC Board:
• American Institute of Architects (AIA)
National Association of Home Builders (NAHB)
The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council -wide votes. The ICC's governmental members —public safety officials who have no financial or business inter- est in the outcome —cast the final votes on proposed changes.

The contents of this work are subject to change through the code development cycles and by any governmental entity that enacts the code into law. For more information regarding the code develop- ment process, contact the Codes and Standards Development Department of the ICC.

While the I -Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of the codes disclaim any liability resulting from the publi- cation or use of the I -Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code.

Code Development Committee Responsibilities
(Letter Designations in Front of Section Numbers)
In each code development cycle, proposed changes to this code are considered at the Code Develop- ment Hearings by the International Property Maintenance/Zoning Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the pro- posed changes. Proposed changes to a code section having a number beginning with a letter in brack- ets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the Interna- tional Fire Code Development Committee at the Committee Action Hearing.

The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following:
[A] = Administrative Code Development Committee;
[F] = International Fire Code Development Committee;
[P] = International Plumbing Code Development Committee; [BE] = IBC —Egress Code Development Committee; and
[BG] = IBC —General Code Development Committee.

For the development of the 2024 edition of the I -Codes, there will be two groups of code develop- ment committees and they will meet in separate years, as shown in the following Code Development Hearings Table.

Iv 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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1 M 338442
Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because different com- mittees hold Committee Action Hearings in different years, proposals for the IPMC will be heard by committees in both the 2021 (Group A) and the 2022 (Group B) code development cycles.

For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, which is part of the Group B portion of the hearings.

This committee will hold its Committee Action Hearings in 2022 to consider code change proposals for Chapter 1 of all I -Codes except the IECC, IRC and IgCC. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for consideration in 2022.

It is very important that anyone submitting code change proposals understands which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the Code Development Committee responsibilities, please visit the ICC website at www.iccsafe.org/current-code-development-cycle .

CODE DEVELOPMENT HEARINGS
Group A Codes (Heard in 2021, Code Change
Group B Codes (Heard in 2022, Code Change
Proposals Deadline: January 11, 2021)
Proposals Deadline: January 10, 2022)
International Building Code—
Administrative Provisions (Chapter 1 of all codes
Egress (Chapters 10, 11, Appendix E)
except IECC, IRC and IgCC; IBC Appendix 0; the
— Fire Safety (Chapters 7, 8, 9, 14, 26)
appendices titled "Board of Appeals" for all
codes except IECC, IRC, IgCC, ICCPC and IZC;
— General (Chapters 2-6, 12, 27-33,
administrative updates to currently referenced
Appendices A, B, C, D, K, N)
standards; and designated definitions)
International Fire Code
International Building Code
—Structural (Chapters 15-25, Appendices F, G,

H, I, J, L, M)
International Fuel Gas Code
International Existing Building Code
International Mechanical Code
International Energy Conservation Code —
Commercial
International Plumbing Code
International Energy Conservation Code —
Residential
— IECC—Residential
— IRC—Energy (Chapter 11)
International Property Maintenance Code
International Green Construction Code
(Chapter 1)
International Private Sewage Disposal Code
International Residential Code
— IRC—Building (Chapters 1-10; Appendices

AE, AF, AH, AJ, AK, AL, AM, AC, AQ, AR,

AS, AT, AU, AV, AW)
International Residential Code
— IRC—Mechanical (Chapters 12-23)
— IRC—Plumbing (Chapters 25-33,
Appendices AG, Al, AN, AP)
International Swimming Pool and Spa Code
International Wildland-Urban Interface Code
International Zoning Code
Note: Proposed changes to the ICCPC will be heard by the code development committee noted in brackets [ ] in the text of the ICCPC.
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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101338442
Marginal Markings
Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2018 edition. Deletion indicators in the form of an arrow ( no) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a row of a table has been deleted.

A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2021 edition of the IPMC.

RELOCATIONS
2021 LOCATION
2018 LOCATION
104.1
103.5
105
104
105.7-105.7.1
103.4-103.4.1
106
105
107.2
111.1
108.1
111.2
109
106
110
112
111
108
111.4-111.6
107.1-107.4, 107.6
112
109
113
110
B 101.2.2
111.8
B101.3
111.2
B101.3.2
111.2.1
B 101.3.4
111.2.2
B 101.3.5
111.2.4
B101.3.6
111.2.3
B101.3.7
111.2.5
B 101.4
111.4.1
B101.5
111.3
B101.5.3
111.5
B101.7
111.6
B 101.7.1
111.6.1
B101.8
111.7
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Coordination of the International Codes
Italicized Terms
Adoption
The coordination of technical provisions is one of the strengths of the ICC family of model codes. The codes can be used as a complete set of complementary documents, which will provide users with full integration and coordination of technical provisions. Individual codes can also be used in subsets or as stand-alone documents. To make sure that each individual code is as complete as possible, some tech- nical provisions that are relevant to more than one subject area are duplicated in some of the model codes. This allows users maximum flexibility in their application of the I -Codes.

Terms italicized in code text, other than document titles, are defined in Chapter 2. The terms selected to be italicized have definitions that the user should read carefully to better understand the code.

Where italicized, the Chapter 2 definition applies. If not italicized, common -use definitions apply.

The ICC maintains a copyright in all of its codes and standards. Maintaining copyright allows the ICC to fund its mission through sales of books, in both print and electronic formats. The ICC welcomes adop- tion of its codes by jurisdictions that recognize and acknowledge the ICC's copyright in the code, and further acknowledge the substantial shared value of the public/private partnership for code develop- ment between jurisdictions and the ICC.

The ICC also recognizes the need for jurisdictions to make laws available to the public. All I -Codes and I -Standards, along with the laws of many jurisdictions, are available for free in a nondownloadable form on the ICC's website. Jurisdictions should contact the ICC at [email protected] to learn how to adopt and distribute laws based on the IPMC in a manner that provides necessary access, while maintaining the ICC's copyright.

To facilitate adoption, several sections of this code contain blanks for fill-in information that needs to be supplied by the adopting jurisdiction as part of the adoption legislation. For this code, please see:

Section 101.1. Insert: [NAME OF JURISDICTION]
Section 103.1. Insert: [NAME OF DEPARTMENT]
Section 302.4. Insert: [HEIGHT IN INCHES]
Section 304.14. Insert: [DATES IN TWO LOCATIONS]
Section 602.3. Insert: [DATES IN TWO LOCATIONS]
Section 602.4. Insert: [DATES IN TWO LOCATIONS]
Effective Use of the International Property Maintenance Code The IPMC is a model code that regulates the minimum maintenance requirements for existing buildings.

The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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ARRANGEMENT AND FORMAT OF THE 2021 IPMC
Before applying the requirements of the IPMC, it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during a plan review or inspection. Below is a chapter -by -chapter synopsis of the scope and intent of the provisions of the IPMC. The following table shows how the IPMC is divided.

The ensuing chapter -by -chapter synopsis details the scope and intent of the provisions of the IPMC.

Chapter Topics
Chapter
Subjects
1 Scope and Administration
2 Definitions
3 General Requirements
4 Light, Ventilation and Occupancy Limitations
5 Plumbing Facilities and Fixture Requirements
6 Mechanical and Electrical Requirements
7 Fire Safety Requirements
8 Referenced Standards
Appendix A
Boarding Standard
Appendix B
Board of Appeals
Chapter 1 Scope and Administration
Chapter 1 contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establishing the scope of the code, Chapter 1 identifies which buildings and structures come under its purview. Chapter 1 is largely concerned with maintaining "due process of law" in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that "equal protection under the law" has been provided.

Chapter 2 Definitions
All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code.

Where understanding of a term's definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code -defined meaning be known.

Guidance is provided regarding tense, gender and plurality of defined terms as well as guidance regarding terms not defined in this code.

Chapter 3 General Requirements
Chapter 3, "General Requirements," is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter pro- vides requirements that are intended to maintain a minimum level of safety and sanitation for both 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; maintenance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and estab- lishes who is responsible for complying with the chapter's provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies.

Chapter 4 Light, Ventilation and Occupancy Limitations
The purposes of Chapter 4 are to set forth these requirements in the code and to establish the mini- mum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding. This chapter also provides for alter- native arrangements of windows and other devices to comply with the requirements for light and ven- tilation and prohibits certain room arrangements and occupancy uses.

Chapter 5 Plumbing Facilities and Fixture Requirements
Chapter 5 establishes the minimum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures.

Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the minimum criteria to verify that these principles are maintained throughout the life of a building.

Chapter 6 Mechanical and Electrical Requirements
The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to establish minimum standards for the safety of these facilities.

This chapter establishes minimum criteria for the installation and maintenance of the following:
heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; elec- trical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters.

Chapter 7 Fire Safety Requirements
The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building's occu- pancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings.

This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings.

Chapter 8 Referenced Standards
The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compliance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency's standards are then listed in either alphabetical or numeric order based upon the standard identification. The list also contains the title of the standard; the edition (date) of the standard refer- enced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard.

Appendix A Boarding Standard
The provisions in Appendix A are not mandatory unless specifically referenced in the adopting ordi- nance. This appendix provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality.

Appendix B Board of Appeals
The provisions contained in Appendix B are not mandatory unless specifically referenced in the adopt- ing ordinance. This appendix provides criteria for Board of Appeals members and procedures by which the Board of Appeals should conduct its business.
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TABLE OF CONTENTS
CHAPTER 1 SCOPE AND ADMINISTRATION .. 1-1 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ..... 4-1
PART 1—SCOPE AND APPLICATION........... 1-1
Section
101 Scope and General Requirements .............. 1-1
102 Applicability .............................. 1-1
PART 2—ADMINISTRATION AND
ENFORCEMENT .............................. 1-2
Section
103
Code Compliance Agency ...................
1-2
104
Fees .....................................
1-2
105
Duties and Powers of the Code Official .........
1-2
106
Approval .................................
1-3
107
Means of Appeal ..........................
1-3
108
Board of Appeals ..........................
1-3
109
Violations ................................
1-4
110
Stop Work Order ..........................
1-4
III
Unsafe Structures and Equipment .............
1-4
112
Emergency Measures .......................
1-6
113
Demolition ...............................
1-7
CHAPTER 2 DEFINITIONS ................... 2-1
Section
201 General .................................. 2-1
202 General Definitions ........................ 2-1
CHAPTER 3 GENERAL REQUIREMENTS...... 3-1
Section
301 General .................................. 3-1
302 Exterior Property Areas ..................... 3-1
303 Swimming Pools, Spas and Hot Tubs .......... 3-2
304 Exterior Structure .......................... 3-2
305 Interior Structure .......................... 3-4
306 Component Serviceability ................... 3-4
307 Handrails and Guardrails .................... 3-5
308 Rubbish and Garbage ....................... 3-5
309 Pest Elimination ........................... 3-6
Section
401 General .................................. 4-1
402 Light .................................... 4-1
403 Ventilation ............................... 4-1
404 Occupancy Limitations ..................... 4-2
CHAPTER 5 PLUMBING FACILITIES AND
FIXTURE REQUIREMENTS ...... 5-1
Section
501 General .................................. 5-1
502 Required Facilities ......................... 5-1
503 Toilet Rooms ............................. 5-1
504 Plumbing Systems and Fixtures ............... 5-1
505 Water System ............................. 5-2
506 Sanitary Drainage System ................... 5-2
507 Storm Drainage ........................... 5-2
CHAPTER 6 MECHANICAL AND ELECTRICAL
REQUIREMENTS ................ 6-1
Section
601 General .................................. 6-1
602 Heating Facilities .......................... 6-1
603 Mechanical Equipment ..................... 6-1
604 Electrical Facilities ......................... 6-2 605 Electrical Equipment ....................... 6-2
606 Elevators, Escalators and Dumbwaiters......... 6-3
607 Duct Systems ............................. 6-3
CHAPTER 7 FIRE SAFETY REQUIREMENTS ... 7-1
Section
701 General .................................. 7-1
702 Means of Egress ........................... 7-1
703 Fire -resistance Ratings ...................... 7-1 704 Fire Protection Systems ..................... 7-2
705 Carbon Monoxide Alarms and Detection ....... 7-5
CHAPTER 8 REFERENCED STANDARDS ...... 8-1
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TABLE OF CONTENTS
APPENDIX A BOARDING STANDARD ......... A-1
Section
A101 General.................................A-1
A 102 Materials ................................ A-1
A103 Installation ............................... A-1
A104 Referenced Standard ....................... A-1
APPENDIX B BOARD OF APPEALS............ B-1
Section
B 10 1 General.................................B-1
INDEX .................................. INDEX-1
AV 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° ��
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CHAPTER 1

SCOPE AND ADMINISTRATION
User note:

About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced.

Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101 and 102) and Part 2—Administration and Enforcement (Sections 103 — 110). Section 101 identifies which buildings and structures come under its purview and references other /-Codes as applicable.

This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its admin- istration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the property owner and building occupants.

This Chapter was extensively reorganized for the 2021 edition. For clarity, the relocation marginal markings have not been included. For complete information, see the relocations table in the Preface information of this code.

PART 1 — SCOPE AND APPLICATION
SECTION 101

SCOPE AND GENERAL REQUIREMENTS
[A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF
JURISDICTION], hereinafter referred to as "this code."
[Al 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary mainte- nance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
[A] 101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of
health, safety, property protection and general welfare inso- far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

SECTION 102

APPLICABILITY
[A] 102.1 General. Where there is a conflict between a
general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or
occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsi- ble for the maintenance of buildings, structures and
premises.
[A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, Interna-
tional Fire Code, International Fuel Gas Code,
International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing
in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.
[A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.
[A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.
102.6 Structural analysis. Where structural analysis is used to determine if an unsafe structural condition exists, the anal- ysis shall be permitted to use nominal strengths, nominal 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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SCOPE AND ADMINISTRATION
101338442
loads, load effects, required strengths and limit states in accordance with the requirements under which the structure was constructed or in accordance with any subsequent
requirement.
[A] 102.7 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
[A] 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.

Exception: Where enforcement of a code provision
would violate the conditions of the listing of the equip- ment or appliance, the conditions of the listing shall
apply.
[A] 102.8.1 Conflicts. Where conflicts occur between
provisions of this code and the referenced standards, the provisions of this code shall apply.
[A] 102.8.2 Provisions in referenced codes and stan-
dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the
referenced code or standard.
[A] 102.9 Requirements not covered by code. Require-
ments necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifi- cally covered by this code, shall be determined by the code official.
[Al 102.10 Application of references. References to chap- ter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
[Al 102.11 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

PART 2 — ADMINISTRATION AND ENFORCEMENT
SECTION 103

CODE COMPLIANCE AGENCY
[Al 103.1 Creation of agency. The [INSERT NAME OF
DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
[A] 103.2 Appointment. The code official shall be
appointed by the chief appointing authority of the
jurisdiction.
[A] 103.3 Deputies. In accordance with the prescribed
procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code
official.

SECTION 104
FEES
[A] 104.1 Fees. The fees for activities and services
performed by the department in carrying out its responsibili- ties under this code shall be as established by the applicable governing authority.
104.2 Refunds. The code official is authorized to establish a refund policy.

SECTION 105

DUTIES AND POWERS OF THE CODE OFFICIAL
[A] 105.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
[A] 105.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible indi- vidual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or when- ever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.
[A] 105.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
[A] 105.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.
1-2
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SCOPE AND ADMINISTRATION
[Al 105.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
[A] 105.7 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
[A] 105.7.1 Legal defense. Any suit or criminal
complaint instituted against any officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the
proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.

SECTION 106

APPROVAL
[Al 106.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner's authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compli- ance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
[Al 106.2 Alternative materials, design and methods of
construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifi- cally prescribed by this code, provided that any such
alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that
prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative mate- rial, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.
[A] 106.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction.
[A] 106.3.1 Test methods. Test methods shall be as spec- ified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
[A] 106.3.2 Test reports. Reports of tests shall be
retained by the code official for the period required for retention of public records.
[A] 106.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code
official.
[A] 106.5 Approved materials and equipment. Materials,
equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 106.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

SECTION 107

MEANS OF APPEAL
107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official rela- tive to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
[A] 107.2 Limitations of authority. An application for
appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
107.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction.
107.4 Administration. The code official shall take immedi- ate action in accordance with the decision of the board.

SECTION 108

BOARD OF APPEALS
[A] 108.1 Membership of board. The board of appeals shall consist of not less than three members who are qualified by 4-
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experience and training to pass on matters pertaining to property maintenance and who are not employees of the
jurisdiction. The code official shall be an ex-offcio member but shall not vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms.

SECTION 109

VIOLATIONS
[A] 109.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
[A] 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4.
[A] 109.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 111.4 shall be deemed guilty of a
misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceed- ing at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
[Al 109.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[Al 109.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal offi- cer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

SECTION 110

STOP WORK ORDER
[A] 110.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
[A] 110.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 110.3 Emergencies. Where an emergency exists, the
code official shall not be required to give a written notice prior to stopping the work.
[A] 110.4 Failure to comply. Any person who shall
continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to I fines established by the authority having jurisdiction.

SECTION III

UNSAFE STRUCTURES AND EQUIPMENT
111.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
111.1.1 Unsafe structures. An unsafe structure is one
that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete
collapse is possible.
111.1.2 Unsafe equipment. Unsafe equipment includes
any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
111.1.3 Structure unfit for human occupancy. A struc-
ture is unfit for human occupancy whenever the code
official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disre- pair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks venti- lation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occu- pants of the structure or to the public.
111.1.4 Unlawful structure. An unlawful structure is
one found in whole or in part to be occupied by more
persons than permitted under this code, or was erected, altered or occupied contrary to law.
111.1.5 Dangerous structure or premises. For the
purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous:

1. Any door, aisle, passageway, stairway, exit or
other means of egress that does not conform to the
approved building or fire code of the jurisdiction
1-4
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as related to the requirements for existing
buildings.

2. The walking surface of any aisle, passageway,
stairway, exit or other means of egress is so
warped, worn loose, torn or otherwise unsafe as to
not provide safe and adequate means of egress.

3. Any portion of a building, structure or appurte-
nance that has been damaged by fire, earthquake,
wind, flood, deterioration, neglect, abandonment,
vandalism or by any other cause to such an extent
that it is likely to partially or completely collapse,
or to become detached or dislodged.

4. Any portion of a building, or any member, appur-
tenance or ornamentation on the exterior thereof
that is not of sufficient strength or stability, or is
not so anchored, attached or fastened in place so
as to be capable of resisting natural or artificial
loads of one and one-half the original designed
value.

5. The building or structure, or part of the building
or structure, because of dilapidation, deteriora-
tion, decay, faulty construction, the removal or
movement of some portion of the ground neces-
sary for the support, or for any other reason, is
likely to partially or completely collapse, or some
portion of the foundation or underpinning of the
building or structure is likely to fail or give way.

6. The building or structure, or any portion thereof,
is clearly unsafe for its use and occupancy.

7. The building or structure is neglected, damaged,
dilapidated, unsecured or abandoned so as to
become an attractive nuisance to children who
might play in the building or structure to their
danger, becomes a harbor for vagrants, criminals
or immoral persons, or enables persons to resort to
the building or structure for committing a
nuisance or an unlawful act.

8. Any building or structure has been constructed,
exists or is maintained in violation of any specific
requirement or prohibition applicable to such
building or structure provided by the approved
building or fire code of the jurisdiction, or of any
law or ordinance to such an extent as to present
either a substantial risk of fire, building collapse
or any other threat to life and safety.

9. A building or structure, used or intended to be
used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light,
ventilation, mechanical or plumbing system, or
otherwise, is determined by the code official to be
unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or
disease.

10. Any building or structure, because of a lack of
sufficient or proper fire -resistance -rated construc-
tion, fire protection systems, electrical system,
fuel connections, mechanical system, plumbing
system or other cause, is determined by the code
official to be a threat to life or health.

11. Any portion of a building remains on a site after
the demolition or destruction of the building or
structure or whenever any building or structure is
abandoned so as to constitute such building or
portion thereof as an attractive nuisance or hazard
to the public.
111.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the prem- ises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the prem- ises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 111.2.1 Authority to disconnect service utilities. The
code official shall have the authority to authorize discon- nection of utility service to the building, structure or system regulated by this code and the referenced codes
and standards set forth in Section 102.8 in case of emer- gency where necessary to eliminate an immediate hazard
to life or property or where such utility connection has been made without approval. The code official shall
notify the serving utility and, whenever possible, the
owner or owner's authorized agent and occupant of the
building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 111.3 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. 111.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 111.4.1 and 111.4.2 to the owner or the owner's authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.
111.4.1 Form. Such notice shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient
for identification.

3. Include a statement of the violation or violations
and why the notice is being issued.

4. Include a correction order allowing a reasonable
time to make the repairs and improvements
required to bring the dwelling unit or structure
into compliance with the provisions of this code.
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5. Inform the property owner or owner's authorized
agent of the right to appeal.

6. Include a statement of the right to file a lien in
accordance with Section 109.3.
111.4.2 Method of service. Such notice shall be deemed
to be properly served where a copy thereof is served in accordance with one of the following methods:

1. A copy is delivered personally.

2. A copy is sent by certified or registered mail
addressed to the owner at the last known address
with the return receipt requested.

3. A copy is delivered in any other manner as
prescribed by local law.

If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the fore- going manner upon the owner's agent or upon the person
responsible for the structure shall constitute service of notice upon the owner.
111.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official.
111.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
111.7 Placarding. Upon failure of the owner, owner's
authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a plac- ard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.
111.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were
based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of
the code official shall be subject to the penalties provided by this code.
111.8 Prohibited occupancy. Any occupied structure
condemned and placarded by the code official shall be
vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner's authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties
provided by this code.
111.9 Restoration or abatement. The structure or equip- ment determined to be unsafe by the code official is
permitted to be restored to a safe condition. The owner, owner's authorized agent, operator or occupant of a struc- ture, premises or equipment deemed unsafe by the code
official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the International Existing Building Code.

SECTION 112

EMERGENCY MEASURES
112.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any struc- ture or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forth- with. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same.
112.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
112.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
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112.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and mate- rials to perform the required work as expeditiously as
possible.
112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the juris- diction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs.
112.6 Hearing. Any person ordered to take emergency
measures shall comply with such order forthwith. Any
affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

SECTION 113

DEMOLITION
113.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is
located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be danger- ous, unsafe, insanitary or otherwise unfit for human
habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless
approved by the building official.
113.2 Notices and orders. Notices and orders shall comply with Section 111.4.
113.3 Failure to comply. If the owner of a premises or
owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
113.4 Salvage materials. Where any structure has been
ordered demolished and removed, the governing body or
other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the
person who is entitled thereto, subject to any order of a court.

If such a surplus does not remain to be turned over, the report shall so state.
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101338442
CHAPTER 2

DEFINITIONS
User note:

About this chapter. Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code.

SECTION 201

GENERAL
201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number
includes the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code,
International Mechanical Code, International Plumbing
Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings
ascribed to them as stated in those codes.

Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to
them in this code and shall not have the meanings
ascribed to them by the International Existing Building Code.
201.4 Terms not defined. Where terms are not defined
through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwell- ing," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof"
SECTION 202

GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive
connection.
[A] APPROVED. Acceptable to the code official.

BASEMENT. That portion of a building that is partly or
completely below grade.

BATHROOM. A room containing plumbing fixtures includ-
ing a bathtub or shower.

BEDROOM. Any room or space used or intended to be used
for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

CONDEMN. To adjudge unfit for occupancy.

COST OF SUCH DEMOLITION OR EMERGENCY
REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.

DETACHED. When a structural element is physically
disconnected from another and that connection is necessary to provide a positive connection.

DETERIORATION. To weaken, disintegrate, corrode, rust
or decay and lose effectiveness.
[A] DWELLING UNIT. A single unit providing complete,
independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation.
[Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

EMERGENCY ESCAPE AND RESCUE OPENING. An
operable exterior window, door or other similar device that provides for a means of escape and access for rescue in the event of an emergency.

EQUIPMENT SUPPORT. Those structural members or
assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure.

EXTERIOR PROPERTY. The open space on the premises
and on adjoining property under the control of owners or operators of such premises.
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DEFINITIONS
101338442
GARBAGE. The animal or vegetable waste resulting from OCCUPANT. Any individual living or sleeping in a build - the handling, preparation, cooking and consumption of food. ing, or having possession of a space within a building. [BE] GUARD. A building component or a system of build-
ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
[BG] HABITABLE SPACE. Space in a structure for living,
sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
[A] HISTORIC BUILDING. Any building or structure that
is one or more of the following:

1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National
Register of Historic Places.

2. Designated as historic under an applicable state or
local law.

3. Certified as a contributing resource within a National Register or state or locally designated historic
district.

HOUSEKEEPING UNIT. A room or group of rooms form-
ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

IMMINENT DANGER. A condition that could cause seri-
ous or life -threatening injury or death at any time.

INFESTATION. The presence, within or contiguous to, a
structure or premises of insects, rodents, vermin or other pests.

INOPERABLE MOTOR VEHICLE. A vehicle that cannot
be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [Al LABELED. Equipment, materials or products to which
have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above -labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose.

LET FOR OCCUPANCY or LET. To permit, provide or
offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

NEGLECT. The lack of proper maintenance for a building
or structure.
[A] OCCUPANCY. The purpose for which a building or
portion thereof is utilized or occupied.

OPENABLE AREA. That part of a window, skylight or door
which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munic- ipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
[A] PERSON. An individual, corporation, partnership or any other group acting as a unit.

PEST ELIMINATION. The control and elimination of
insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
[A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm).

ROOMING HOUSE. A building arranged or occupied for
lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

ROOMING UNIT. Any room or group of rooms forming a
single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH. Combustible and noncombustible waste materi-
als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
[A] SLEEPING UNIT. A room or space in which people
sleep, which can also include permanent provisions for
living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwell- ing unit are not sleeping units.

STRICT LIABILITY OFFENSE. An offense in which the
prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed.
2-2
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DEFINITIONS
TENANT. A person, corporation, partnership or group,
whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

ULTIMATE DEFORMATION. The deformation at which
failure occurs and that shall be deemed to occur if the sustain- able load reduces to 80 percent or less of the maximum
strength.
[M] VENTILATION. The natural or mechanical process of
supplying conditioned or unconditioned air to, or removing such air from, any space.

WORKMANLIKE. Executed in a skilled manner; e.g.,
generally plumb, level, square, in line, undamaged and with- out marring adjacent work.
[Z] YARD. An open space on the same lot with a structure. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® 2-3
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101338442
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101338442
CHAPTER 3

GENERAL REQUIREMENTS
User note:

About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land; the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; extermination of insects and rodents; access barriers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities.

SECTION 301

GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or
permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keep- ing in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control.
301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

SECTION 302

EXTERIOR PROPERTY AREAS
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary
condition.
302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon.

Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of
[JURISDICTION TO INSERT HEIGHT IN INCHES]. Noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include culti- vated flowers and gardens.

Upon failure of the owner or agent having charge of a
property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation.

Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. Accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regu- lations, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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GENERAL REQUIREMENTS
101338442
of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.

It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

SECTION 303

SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be main-
tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and
spas, containing water more than 24 inches (610 mm) in
depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the
finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that
complies with ASTM F1346 shall be exempt from the
provisions of this section.

SECTION 304

EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions
shall be determined as unsafe and shall be repaired or
replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

1. The nominal strength of any structural member is
exceeded by nominal loads, the load effects or the
required strength.

2. The anchorage of the floor or roof to walls or
columns, and of walls and columns to foundations
is not capable of resisting all nominal loads or
load effects.

3. Structures or components thereof that have
reached their limit state.

4. Siding and masonry joints including joints
between the building envelope and the perimeter
of windows, doors and skylights are not main-
tained, weather resistant or water tight.

5. Structural members that have evidence of deterio-
ration or that are not capable of safely supporting
all nominal loads and load effects.

6. Foundation systems that are not firmly supported
by footings, are not plumb and free from open
cracks and breaks, are not properly anchored or
are not capable of supporting all nominal loads
and resisting all load effects.

7. Exterior walls that are not anchored to supporting
and supported elements or are not plumb and free
of holes, cracks or breaks and loose or rotting
materials, are not properly anchored or are not
capable of supporting all nominal loads and resist-
ing all load effects.

8. Roofing or roofing components that have defects
that admit rain, roof surfaces with inadequate
drainage, or any portion of the roof framing that is
not in good repair with signs of deterioration,
fatigue or without proper anchorage and incapable
of supporting all nominal loads and resisting all
load effects.

9. Flooring and flooring components with defects
that affect serviceability or flooring components
that show signs of deterioration or fatigue, are not
properly anchored or are incapable of supporting
all nominal loads and resisting all load effects.

10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop-
erly anchored or that are anchored with
connections not capable of supporting all nominal
loads and resisting all load effects.

11. Overhang extensions or projections including, but
not limited to, trash chutes, canopies, marquees,
signs, awnings, fire escapes, standpipes and
exhaust ducts not properly anchored or that are
anchored with connections not capable of
supporting all nominal loads and resisting all load
effects.

12. Exterior stairs, decks, porches, balconies and all
similar appurtenances attached thereto, including
guards and handrails, are not structurally sound,
not properly anchored or that are anchored with
connections not capable of supporting all nominal
loads and resisting all load effects.

13. Chimneys, cooling towers, smokestacks and simi-
lar appurtenances not structurally sound or not
properly anchored, or that are anchored with
connections not capable of supporting all nominal
loads and resisting all load effects.

Exceptions:

1. Where substantiated otherwise by an approved
method.

2. Demolition of unsafe conditions shall be
permitted where approved by the code official.
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- 3-2
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GENERAL REQUIREMENTS
101338442
ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
[F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background.

Address numbers shall be Arabic numerals or alphabet
letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. Structural members shall be
maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions. Overhang extensions includ-
ing, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every
exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. Chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard
shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than
a fixed window, shall be easily openable and capable of being held in position by window hardware.
304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are
processed, manufactured, packaged or stored shall be
supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen
door used for insect control shall have a self -closing device in good working condition.

Exception: Screens shall not be required where other
approved means, such as air curtains or insect repellent fans, are employed.
304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway
shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement
window that is openable shall be supplied with rodent
shields, storm windows or other approved protection against the entry of rodents.
304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
304.18.1 Doors. Doors providing access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock
designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and main- tained in good working order. For the purpose of this
section, a sliding bolt shall not be considered an accept- able deadbolt lock.
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GENERAL REQUIREMENTS
101338442
304.18.2 Windows. Operable windows located in whole
or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash lock- ing device.
304.18.3 Basement hatchways. Basement hatchways
that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unautho- rized entry.
304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.

SECTION 305

INTERIOR STRUCTURE
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occu- pancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions
shall be determined as unsafe and shall be repaired or
replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

1. The nominal strength of any structural member is
exceeded by nominal loads, the load effects or the
required strength.

2. The anchorage of the floor or roof to walls or
columns, and of walls and columns to foundations
is not capable of resisting all nominal loads or
load effects.

3. Structures or components thereof that have
reached their limit state.

4. Structural members are incapable of supporting
nominal loads and load effects.

5. Stairs, landings, balconies and all similar walking
surfaces, including guards and handrails, are not
structurally sound, not properly anchored or are
anchored with connections not capable of
supporting all nominal loads and resisting all load
effects.

6. Foundation systems that are not firmly supported
by footings are not plumb and free from open
cracks and breaks, are not properly anchored or
are not capable of supporting all nominal loads
and resisting all load effects.

Exceptions:

1. Where substantiated otherwise by an approved
method.

2. Demolition of unsafe conditions shall be
permitted where approved by the code official.
305.2 Structural members. Structural members shall be
maintained structurally sound, and be capable of supporting the imposed loads.
305.3 Interior surfaces. Interior surfaces, including
windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard
shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reason- ably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

SECTION 306

COMPONENT SERVICEABILITY
306.1 General. The components of a structure and equip- ment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
306.1.1 Unsafe conditions. Where any of the following
conditions cause the component or system to be beyond
its limit state, the component or system shall be deter- mined as unsafe and shall be repaired or replaced to
comply with the International Building Code or the Inter- national Existing Building Code as required for existing buildings:

Soils that have been subjected to any of the
following conditions:

1.1. Collapse of footing or foundation system.

1.2. Damage to footing, foundation, concrete
or other structural element due to soil
expansion.

1.3. Adverse effects to the design strength of
footing, foundation, concrete or other
structural element due to a chemical reac-
tion from the soil.

1.4. Inadequate soil as determined by a
geotechnical investigation.

1.5. Where the allowable bearing capacity of
the soil is in doubt.
3-4
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GENERAL REQUIREMENTS

1.6. Adverse effects to the footing, foundation,
concrete or other structural element due to
the ground water table.

2. Concrete that has been subjected to any of the
following conditions:

2.1. Deterioration.

2.2. Ultimate deformation.

2.3. Fractures.

2.4. Fissures.

2.5. Spalling.

2.6. Exposed reinforcement.

2.7. Detached, dislodged or failing connections.

3. Aluminum that has been subjected to any of the
following conditions:

3.1. Deterioration.

3.2. Corrosion.

3.3. Elastic deformation.

3.4. Ultimate deformation.

3.5. Stress or strain cracks.

3.6. Joint fatigue.

3.7. Detached, dislodged or failing connections.

4. Masonry
that has been subjected to any of the
following conditions:

4.1. Deterioration.

4.2. Ultimate deformation.

4.3. Fractures in masonry or mortar joints.

4.4. Fissures in masonry or mortar joints.

4.5. Spalling.

4.6. Exposed reinforcement.

4.7. Detached, dislodged or failing connections.

5. Steel that has been subjected to any of the follow-
ing conditions:

5.1. Deterioration.

5.2. Elastic deformation.

5.3. Ultimate deformation.

5.4. Metal fatigue.

5.5. Detached, dislodged or failing connections.

6. Wood
that has been subjected to any of the
following conditions:

6.1. Ultimate deformation.

6.2. Deterioration.

6.3. Damage from insects, rodents and other
vermin.

6.4. Fire damage beyond charring.

6.5. Significant splits and checks.

6.6. Horizontal shear cracks.

6.7. Vertical shear cracks.

6.8. Inadequate support.

6.9. Detached, dislodged or failing connections.

6.10. Excessive cutting and notching.

Exceptions:

1. Where substantiated otherwise by an approved
method.

2. Demolition of unsafe conditions shall be
permitted where approved by the code official.

SECTION 307

HANDRAILS AND GUARDRAILS
307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade
below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067
mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted
by the adopted building code.

SECTION 308

RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
308.2.1 Rubbish storage facilities. The owner of every
occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises
shall be responsible for the removal of rubbish.
308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facil- ity or approved garbage containers.
308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechani- cal food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal.
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101338442

GENERAL REQUIREMENTS
SECTION 309

PEST ELIMINATION
309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved
processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure.
309.3 Single occupant. The occupant of a one -family dwell- ing or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises.
309.4 Multiple occupancy. The owner of a structure
containing two or more dwelling units, a multiple occu- pancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
309.5 Occupant. The occupant of any structure shall be
responsible for the continued rodent and pest -free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
3-6 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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CHAPTER 4

LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
User note:

About this chapter. Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding.

SECTION 401

GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
401.2 Responsibility. The owner of the structure shall
provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to
occupy, any premises that do not comply with the require- ments of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.

SECTION 402
LIGHT
402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the
required minimum total window area for the room.

Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an
adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served.
402.2 Common halls and stairways. Every common hall
and stairway in residential occupancies, other than in one - and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcan- dle (I I lux) at floors, landings and treads.
402.3 Other spaces. Other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

SECTION 403

VENTILATION
403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1.

Exception: Where rooms and spaces without openings to
the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The
ventilation openings to the outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and
toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be
recirculated.
403.3 Cooking facilities. Unless approved through the
certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.

Exceptions:

1. Where specifically approved in writing by the
code official.

2. Devices such as coffee pots and microwave ovens
shall not be considered cooking appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
101338442
403.5 Clothes dryer exhaust. Clothes dryer exhaust
systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.

Exception: Listed and labeled condensing (ductless)
clothes dryers.

SECTION 404

OCCUPANCY LIMITATIONS
404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passage- way of 3 feet (914 mm) between counterfronts and
appliances or counterfronts and walls.
404.3 Minimum ceiling heights. Habitable spaces, hall-
ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm).

Exceptions:

1. In one- and two-family dwellings, beams or gird-
ers spaced not less than 4 feet (1219 mm) on
center and projecting not greater than 6 inches
(152 mm) below the required ceiling height.

2. Basement rooms in one- and two-family dwellings
occupied exclusively for laundry, study or recre-
ation purposes, having a minimum ceiling height
of 6 feet 8 inches (2033 mm) with a minimum
clear height of 6 feet 4 inches (1932 mm) under
beams, girders, ducts and similar obstructions.

3. Rooms occupied exclusively for sleeping, study or
similar purposes and having a sloped ceiling over
all or part of the room, with a minimum clear ceil-
ing height of 7 feet (2134 mm) over not less than
one-third of the required minimum floor area. In
calculating the floor area of such rooms, only
those portions of the floor area with a minimum
clear ceiling height of 5 feet (1524 mm) shall be
included.
404.4 Bedroom and living room requirements. Every
bedroom and living room shall comply with the require-
ments of Sections 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain not
less than 120 square feet (11.2 m2) and every bedroom
shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall
contain not less than 50 square feet (4.6 m) of floor area for each occupant thereof.
404.4.2 Access from bedrooms. Bedrooms shall not
constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two
bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same
story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy. Kitchens and nonhabit-
able spaces shall not be used for sleeping purposes.
404.4.5 Other requirements. Bedrooms shall comply
with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water -heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke
detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area
requirements of Table 404.5.

TABLE 404.5

MINIMUM AREA REQUIREMENTS
SPACE

MINIMUM AREA IN SQUARE FEET
1-2 occupants
3-5 occupants
6 or more occupants
Living room&• b
120
120
150
Dining room,, b
No requirement
80 100
Bedrooms
Shall comply with Section 404.4.1
For SI: 1 square foot = 0.0929 m2.
a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occu- pancy area for sleeping purposes.
404.5.1 Sleeping area. The minimum occupancy area
required by Table 404.5 shall not be included as a sleep- ing area in determining the minimum occupancy area for
sleeping purposes. Sleeping areas shall comply with
Section 404.4.
404.5.2 Combined spaces. Combined living room and
dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to func- tion as a combination living room/dining room.
404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following
requirements:

A unit occupied by not more than one occupant shall
have a minimum clear floor area of 120 square feet
(11.2 m2). A unit occupied by not more than two
occupants shall have a minimum clear floor area of
220 square feet (20.4 m2). A unit occupied by three
occupants shall have a minimum clear floor area of
320 square feet (29.7 m2). These required areas shall
be exclusive of the areas required by Items 2 and 3.

2. The unit shall be provided with a kitchen sink, cook- ing appliance and refrigeration facilities, each
having a minimum clear working space of 30 inches
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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
(762 mm) in front. Light and ventilation conforming
to this code shall be provided.

3. The unit shall be provided with a separate bathroom
containing a water closet, lavatory and bathtub or
shower.

4. The maximum number of occupants shall be three.
404.7 Food preparation. Spaces to be occupied for food
preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner.

There shall be adequate facilities and services for the sani- tary disposal of food wastes and refuse, including facilities for temporary storage.
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101338442
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101338442
CHAPTER 5

PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
User note:

About this chapter: Chapter 5 establishes minimum sanitary and clean conditions in occupied buildings by containing requirements for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal systems and related plumbing fixtures. Chapter 5 includes requirements for providing potable water to a building and the basic fixtures to effectively utilize and dispose of that water.

SECTION 501

GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall
provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter.

SECTION 502

REQUIRED FACILITIES
[P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
[P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
[P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
[P] 502.4 Employees' facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees.
[P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser.

Drinking facilities shall not be located in toilet rooms or bathrooms.
[P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

SECTION 503

TOILET ROOMS
[P] 503.1 Privacy. Toilet rooms and bathrooms shall
provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
[P] 503.2 Location. Toilet rooms and bathrooms serving
hotel units, rooming units or dormitory units or housekeep- ing units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
[P] 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' work- ing area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public
facilities.

Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control,
shall not exceed a travel distance of 500 feet (152 m)
from the employees' regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.

SECTION 504

PLUMBING SYSTEMS AND FIXTURES
[P] 504.1 General. Plumbing fixtures shall be properly
installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
[P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
[P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
101338442
inadequate venting, cross connection, backsiphonage,
improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

SECTION 505

WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lava- tories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
[P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmo- spheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
[P] 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function prop- erly, safely, and free from defects and leaks.
[P] 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of
providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept
closed, unless adequate combustion air is provided. An
approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
[P] 505.5 Nonpotable water reuse systems. Nonpotable
water reuse systems and rainwater collection and convey- ance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 505.5.1.
[P] 505.5.1 Abandonment of systems. Where a nonpota-
ble water reuse system or a rainwater collection and
distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accor- dance with Section 1301.10 of the International
Plumbing Code.

SECTION 506

SANITARY DRAINAGE SYSTEM
[P] 506.1 General. Plumbing fixtures shall be properly
connected to either a public sewer system or to an approved private sewage disposal system.
[P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
[P] 506.3 Grease interceptors. Grease interceptors and
automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installa- tion instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of mainte- nance, cleaning and repairs shall be available for inspection by the code official.

SECTION 507

STORM DRAINAGE
[P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
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101338442
CHAPTER 6

MECHANICAL AND ELECTRICAL REQUIREMENTS
User note:

About this chapter: Chapter 6 establishes minimum performance requirements for heating, electrical and mechanical facilities serving existing structures, such as heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services, lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters.

SECTION 601

GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
601.2 Responsibility. The owner of the structure shall
provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that does not comply with the
requirements of this chapter.

SECTION 602

HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be
provided in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68°F (20°C) in all habitable rooms, bath- rooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel -burning space heat- ers be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

Exception: In areas where the average monthly tempera-
ture is above 30°F (-1°C), a minimum temperature of
65°F (18°C) shall be maintained.
602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum
temperature of 68°F (20°C) in all habitable rooms, bath- rooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter
outdoor design temperature for the locality, main-
tenance of the minimum room temperature shall
not be required provided that the heating system is
operating at its full design capacity. The winter
outdoor design temperature for the locality shall
be as indicated in Appendix D of the International
Plumbing Code.

2. In areas where the average monthly temperature is
above 30°F (-1°C), a minimum temperature of
65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work
spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of
65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that
require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in
vigorous physical activities.
602.5 Room temperature measurement. The required
room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.

SECTION 603

MECHANICAL EQUIPMENT
603.1 Mechanical equipment and appliances. Mechanical
equipment, appliances, fireplaces, solid fuel -burning appli- ances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working
condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products. Fuel -burning
equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel -burning equipment and appliances that
are labeled for unvented operation.
603.3 Clearances. Required clearances to combustible
materials shall be maintained.
603.4 Safety controls. Safety controls for fuel -burning equipment shall be maintained in effective operation.
603.5 Combustion air. A supply of air for complete
combustion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment.
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101338442
603.6 Energy conservation devices. Devices intended to
reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically
approved.

SECTION 604

ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three -wire, 120/240 volt, single- phase electrical service having a minimum rating of 60
amperes.
604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated
with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
604.3.1.1 Electrical equipment. Electrical distribu-
tion equipment, motor circuits, power equipment,
transformers, wire, cable, flexible cords, wiring
devices, ground fault circuit interrupters, surge protec- tors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control,
signaling and communication equipment that have
been exposed to water shall be replaced in accordance
with the provisions of the International Building Code.

Exception: The following equipment shall be
allowed to be repaired where an inspection report
from the equipment manufacturer or approved
manufacturer's representative indicates that the
equipment has not sustained damage that requires
replacement:

1. Enclosed switches, rated not more than
600 volts or less.

2. Busway, rated not more than 600 volts.

3. Panelboards, rated not more than 600
volts.

4. Switchboards, rated not more than 600
volts.

5. Fire pump controllers, rated not more than
600 volts.

6. Manual and magnetic motor controllers.

7. Motor control centers.

8. Alternating current high -voltage circuit
breakers.

9. Low -voltage power circuit breakers.

10. Protective relays, meters and current
transformers.

11. Low- and medium -voltage switchgear.

12. Liquid -filled transformers.

13. Cast -resin transformers.

14. Wire or cable that is suitable for wet loca-
tions and whose ends have not been
exposed to water.

15. Wire or cable, not containing fillers, that is
suitable for wet locations and whose ends
have not been exposed to water.

16. Luminaires that are listed as submersible.

17. Motors.

18. Electronic control, signaling and commu-
nication equipment.
604.3.2 Abatement of electrical hazards associated
with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
604.3.2.1 Electrical equipment. Electrical switches,
receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits,
that have been exposed to fire, shall be replaced in
accordance with the provisions of the International
Building Code.

Exception: Electrical switches, receptacles and
fixtures that shall be allowed to be repaired where an
inspection report from the equipment manufacturer
or approved manufacturer's representative indicates
that the equipment has not sustained damage that
requires replacement.

SECTION 605

ELECTRICAL EQUIPMENT
605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner.
605.2 Receptacles. Every habitable space in a dwelling
shall contain not less than two separate and remote recepta- cle outlets. Every laundry area shall contain not less than one grounding -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and
furnace room shall contain not less than one electric lumi- naire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
6-2
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MECHANICAL AND ELECTRICAL REQUIREMENTS
605.4 Wiring. Flexible cords shall not be used for perma- nent wiring, or for running through doors, windows, or
cabinets, or concealed within walls, floors, or ceilings.

SECTION 606

ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most
current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicu- ous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger
elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied.

Exception: Buildings equipped with only one elevator
shall be permitted to have the elevator temporarily out of service for testing or servicing.

SECTION 607

DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
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101338442
CHAPTER 7

FIRE SAFETY REQUIREMENTS
User note:

About this chapter. Chapter 7 establishes fire safety requirements for existing structures by providing requirements for means of egress, including path of travel, required egress width, means of egress doors and emergency escape openings, and for the maintenance of fire - resistance -rated assemblies, fire protection systems, and carbon monoxide alarm and detection systems.

SECTION 701

GENERAL
701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided.
701.2 Responsibility. The owner of the premises shall
provide and maintain such fire safety facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter.

SECTION 702

MEANS OF EGRESS
[BE] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
[BE] 702.2 Aisles. The required width of aisles in accor- dance with the International Fire Code shall be
unobstructed.
[BE] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.

I[BE] 702.4 Emergency escape and rescue openings.

Required emergency escape and rescue openings shall be
maintained in accordance with the code in effect at the time of construction, and both of the following:

1. Required emergency escape and rescue openings
shall be operational from the inside of the room with-
out the use of keys or tools.

2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue open-
ings provided that the minimum net clear opening
size complies with the code that was in effect at the
time of construction and the unit is equipped with
smoke alarms installed in accordance with Section
907.2.10 of the International Building Code. Such
devices shall be releasable or removable from the
inside without the use of a key, tool or force greater
than that which is required for normal operation of
the escape and rescue opening.

SECTION 703

FIRE -RESISTANCE RATINGS
[BF] 703.1 Fire -resistance -rated assemblies. The provi- sions of this chapter shall govern maintenance of the
materials, systems and assemblies used for structural fire resistance and fire -resistance -rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings.
[BF] 703.2 Unsafe conditions. Where any components are
not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accor- dance with Section 114.1.1 of the International Fire Code.

Components or portions thereof determined to be unsafe
shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occu- pants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 114.2 of the International Fire Code.
[BF] 703.3 Maintenance. The required fire -resistance rating of fire -resistance -rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire -resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annu- ally by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspec- tions and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the
removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capa- ble of resisting the passage of smoke and fire. Openings through fire -resistance -rated assemblies shall be protected by self- or automatic -closing doors of approved construction meeting the fire protection requirements for the assembly. 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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FIRE SAFETY REQUIREMENTS
101338442
[BF] 703.3.1 Fire blocking and draft stopping.

Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continu- ity and integrity of the construction.
[BF] 703.3.2 Smoke barriers and smoke partitions.

Required smoke barriers and smoke partitions shall be
maintained to prevent the passage of smoke. Openings
protected with approved smoke barrier doors or smoke
dampers shall be maintained in accordance with NFPA
105.
[BF] 703.3.3 Fire walls, fire barriers, and fire parti- tions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Open- ings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80.
[BF] 703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field -applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third -party certification orga- nization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or
obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assem- blies shall not be modified.
[BF] 703.4.1 Signs. Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows:

1. For doors designed to be kept normally open:

FIRE DOOR — DO NOT BLOCK.

2. For doors designed to be kept normally closed:

FIRE DOOR — KEEP CLOSED.
[BF] 703.4.2 Hold -open devices and closers. Hold -open devices and automatic door closers shall be maintained.

During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position.
[BF] 703.4.3 Door operation. Swinging fire doors shall
close from the full -open position and latch automatically.

The door closer shall exert enough force to close and
latch the door from any partially open position.
[BF] 703.5 Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire -resistance -rated horizontal assembly shall be prohibited.
[BF] 703.6 Testing. Horizontal and vertical sliding and roll- ing fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained.
[BF] 703.7 Vertical shafts. Interior vertical shafts, includ- ing stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International Fire Code. New floor openings in existing buildings shall comply with the International Building Code. [BF] 703.8 Opening protective closers. Where openings
are required to be protected, opening protectives shall be maintained self -closing or automatic -closing by smoke detection. Existing fusible -link -type automatic door -closing devices shall be replaced if the fusible link rating exceeds 135°F (57°C).

SECTION 704

FIRE PROTECTION SYSTEMS
[F] 704.1 Inspection, testing and maintenance. Fire
protection and life safety systems shall be maintained in accordance with the International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.
[F] 704.1.1 Fire protection and life safety systems. Fire protection and life safety systems shall be installed,
repaired, operated and maintained in accordance with this code the International Fire Code and the International
Building Code.
[F] 704.1.2 Required fire protection and life safety
systems. Fire protection and life safety systems required by this code, the International Fire Code or the Interna- tional Building Code shall be installed, repaired,
operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the International Fire Code or the International Building Code has been granted shall be considered to be a required system.
[F] 704.1.3 Fire protection systems. Fire protection
systems shall be inspected, maintained and tested in
accordance with the following International Fire Code
requirements.

1. Automatic sprinkler systems, see Section 903.5.

2. Automatic fire -extinguishing systems protecting
commercial cooking systems, see Section
904.13.5.

3. Automatic water mist extinguishing systems, see
Section 904.11.

4. Carbon dioxide extinguishing systems, see
Section 904.8.

5. Carbon monoxide alarms and carbon monoxide
detection systems, see Section 915.6.

6. Clean -agent extinguishing systems, see Section
904.10.

7. Dry -chemical extinguishing systems, see Section
904.6.

8. Fire alarm and fire detection systems, see Section
907.8.

9. Fire department connections, see Sections 912.4
and 912.7.

10. Fire pumps, see Section 913.5.

11. Foam extinguishing systems, see Section 904.7.

12. Halon extinguishing systems, see Section 904.9.
7-2
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FIRE SAFETY REQUIREMENTS

13. Single- and multiple -station smoke alarms, see
Section 907.10.

14. Smoke and heat vents and mechanical smoke
removal systems, see Section 910.5.

15. Smoke control systems, see Section 909.22.

16. Wet -chemical extinguishing systems, see Section
904.5.
[F] 704.2 Standards. Fire protection systems shall be
inspected, tested and maintained in accordance with the referenced standards listed in Table 704.2 and as required in this section.

TABLE 704.2

FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS
SYSTEM

STANDARD
Portable fire extinguishers
NFPA 10
Carbon dioxide fire -extinguishing system
NFPA 12
Halon 1301 fire -extinguishing systems
NFPA 12A
Dry -chemical extinguishing systems
NFPA 17
Wet -chemical extinguishing systems
NFPA 17A
Water -based fire protection systems
NFPA 25
Fire alarm systems
NFPA 72
Smoke and heat vents
NFPA 204
Water -mist systems
NFPA 750
Clean -agent extinguishing systems
NFPA 2001
[F] 704.2.1 Records. Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards.
[F] 704.2.2 Records information. Initial records shall
include the: name of the installation contractor; type of components installed; manufacturer of the components;
location and number of components installed per floor;
and manufacturers' operation and maintenance instruc-
tion manuals. Such records shall be maintained for the life of the installation.
[F] 704.3 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be
provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.

Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire depart- ment and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires.

Actions shall be taken in accordance with Section 901 of the International Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and
impairment program for water -based fire protection
systems shall comply with NFPA 25.
[F] 704.3.1 Emergency impairments. Where unplanned
impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential
injury and damage. The impairment coordinator shall
implement the steps outlined in Section 901.7.4 of the
International Fire Code.
[F] 704.4 Removal of or tampering with equipment. It
shall be unlawful for any person to remove, tamper with or otherwise disturb any fire protection or life safety system required by this code except for the purposes of extinguish- ing fire, training, recharging or making necessary repairs. [F] 704.4.1 Removal of or tampering with appurte-
nances. Locks, gates, doors, barricades, chains,
enclosures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any
manner.
[F] 704.4.2 Removal of existing occupant -use hose
lines. The fire code official is authorized to permit the removal of existing occupant -use hose lines where all of the following apply:

1. The installation is not required by the Interna-
tional Fire Code or the International Building
Code.

2. The hose line would not be utilized by trained
personnel or the fire department.

3. The remaining outlets are compatible with local
fire department fittings.
[F] 704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the Interna-
tional Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are termi-
nated. Notice shall be made in writing by the provider of the monitoring service being terminated.
[F] 704.5 Fire department connection. Where the fire
department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official.
[F] 704.5.1 Fire department connection access. Ready
access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access
gate equipped with a sign complying with the legend
requirements of Section 912.5 of the International
Fire Code and a means of emergency operation. The
gate and the means of emergency operation shall be
approved by the fire chief and maintained operational
at all times.
[F] 704.5.2 Clear space around connections. A working
space of not less than 36 inches (914 mm) in width, 36
inches (914 mm) in depth and 78 inches (1981 mm) in
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FIRE SAFETY REQUIREMENTS
101338442
height shall be provided and maintained in front of and to the sides of wall -mounted fire department connections
and around the circumference of free-standing fire depart- ment connections.
[F] 704.6 Single- and multiple -station smoke alarms.

Single- and multiple -station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
[F] 704.6.1 Where required. Existing Group I-1 and R
occupancies shall be provided with single -station smoke alarms in accordance with Sections 704.6.1.1 through
704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3.

Exceptions:

1. Where the code that was in effect at the time of
construction required smoke alarms and smoke
alarms complying with those requirements are
already provided.

2. Where smoke alarms have been installed in
occupancies and dwellings that were not
required to have them at the time of construc-
tion, additional smoke alarms shall not be
required provided that the existing smoke
alarms comply with requirements that were in
effect at the time of installation.

3. Where smoke detectors connected to a fire
alarm system have been installed as a substitute
for smoke alarms.
[F] 704.6.1.1 Group R-1. Single- or multiple -station
smoke alarms shall be installed in all of the following locations in Group R-1:

1. In sleeping areas.

2. In every room in the path of the means of
egress from the sleeping area to the door lead-
ing from the sleeping unit.

3. In each story within the sleeping unit, includ-
ing basements. For sleeping units with split
levels and without an intervening door between
the adjacent levels, a smoke alarm installed on
the upper level shall suffice for the adjacent
lower level provided that the lower level is less
than one full story below the upper level.
[F] 704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single or
multiple -station smoke alarms shall be installed and
maintained in Groups R-2, R-3, R-4 and I-1 regardless
of occupant load at all of the following locations:

1. On the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of
bedrooms.

2. In each room used for sleeping purposes.

3. In each story within a dwelling unit, including
basements but not including crawl spaces and
uninhabitable attics. In dwellings or dwelling
units with split levels and without an interven-
ing door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice
for the adjacent lower level provided that the
lower level is less than one full story below the
upper level.
[F] 704.6.1.3 Installation near cooking appliances.

Smoke alarms shall not be installed in the following
locations unless this would prevent placement of a
smoke alarm in a location required by Section
704.6.1.1 or 704.6.1.2.

1. Ionization smoke alarms shall not be installed
less than 20 feet (6096 m) horizontally from a
permanently installed cooking appliance.

2. Ionization smoke alarms with an alarm -silenc-
ing switch shall not be installed less than 10
feet (3048 mm) horizontally from a perma-
nently installed cooking appliance.

3. Photoelectric smoke alarms shall not be
installed less than 6 feet (1829 mm) horizon-
tally from a permanently installed cooking
appliance.
[F] 704.6.1.4 Installation near bathrooms. Smoke
alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom
that contains a bathtub or shower unless this would
prevent placement of a smoke alarm required by
Section 704.6.1.1 or 704.6.1.2.
[F] 704.6.2 Interconnection. Where more than one
smoke alarm is required to be installed within an individ- ual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit.

Physical interconnection of smoke alarms shall not be
required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm
shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions:

1. Interconnection is not required in buildings that
are not undergoing alterations, repairs or
construction of any kind.

2. Smoke alarms in existing areas are not required
to be interconnected where alterations or
repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure,
unless there is an attic, crawl space or base-
ment available that could provide access for
interconnection without the removal of interior
finishes.
[F] 704.6.3 Power source. Single -station smoke alarms
shall receive their primary power from the building
wiring provided that such wiring is served from a
commercial source and shall be equipped with a battery
backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an
emergency electrical system. Smoke alarms shall emit a
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FIRE SAFETY REQUIREMENTS
signal when the batteries are low. Wiring shall be perma- become inoperable or begin producing end -of -life signals nent and without a disconnecting switch other than as shall be replaced. required for overcurrent protection.

Exceptions:

1. Smoke alarms are permitted to be solely
battery operated in existing buildings where
construction is not taking place.

2. Smoke alarms are permitted to be solely
battery operated in buildings that are not served
from a commercial power source.

3. Smoke alarms are permitted to be solely
battery operated in existing areas of buildings
undergoing alterations or repairs that do not
result in the removal of interior walls or ceiling
finishes exposing the structure, unless there is
an attic, crawl space or basement available that
could provide access for building wiring with-
out the removal of interior finishes.
[F] 704.6.4 Smoke detection system. Smoke detectors
listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple -station smoke alarms and shall comply with the following:

1. The fire alarm system shall comply with all appli-
cable requirements in Section 907 of the
International Fire Code.

2. Activation of a smoke detector in a dwelling or
sleeping unit shall initiate alarm notification in the
dwelling or sleeping unit in accordance with
Section 907.5.2 of the International Fire Code.

3. Activation of a smoke detector in a dwelling or
sleeping unit shall not activate alarm notification
appliances outside of the dwelling or sleeping
unit, provided that a supervisory signal is gener-
ated and monitored in accordance with Section
907.6.6 of the International Fire Code.
[F] 704.7 Single- and multiple -station smoke alarms.

Single- and multiple -station smoke alarms shall be tested and maintained in accordance with the manufacturer's
instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined.

SECTION 705

CARBON MONOXIDE ALARMS AND DETECTION
[F] 705.1 General. Carbon monoxide alarms shall be
installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be
installed in accordance with Section R315 of that code. [F] 705.2 Carbon monoxide alarms and detectors. Carbon
monoxide alarms and carbon monoxide detection systems
shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that
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101338442
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101338442
CHAPTER 8

REFERENCED STANDARDS
User note:

About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide require- ments for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in this code.

These standards, in essence, are part of this code to the extent of the reference to the standard.

This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.8.

ASMEAmerican Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990
ASME A17.1-2019/CSA B44-19: Safety Code for Elevators and Escalators 606.1
ASTM ASTM International
100 Barr Harbor Drive, P.O. Box C700
West Conshohocken, PA 19428-2959
F1346-91 (2018): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
303.2
ICC International Code Council
500 New Jersey Avenue, NW 6th Floor
Washington, DC 20001
IBC-21: International Building Code®
102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 403.1, 604.3.1.1, 604.3.2.1, 702.3, 704.4.2 IEBC-21: International Existing Building Code®
102.3, 201.3, 304.1.1, 305.1.1, 306.1.1
IECC-21: International Energy Conservation Code®
102.3
IFC-21: International Fire Code®
102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 704.6.4, 705.1
IFGC-21: International Fuel Gas Code®
102.3, 201.3
IMC-21: International Mechanical Code®
102.3, 201.3
IPC-21: International Plumbing Code®
102.3, 201.3, 502.5, 505.1, 505.5.1, 602.2, 602.3
IRC-21: International Residential Code®
102.3, 201.3
IZC-21: International Zoning Code®
102.3, 201.3
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8-1
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101338442

REFERENCED STANDARDS
NFPA
10-21: Standard for Portable Fire Extinguishers
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
Table 704.2
12-18: Standard on Carbon Dioxide Extinguishing Systems Table 704.2
12A-18: Standard on Halon 1301 Fire Extinguishing Systems Table 704.2
17-20: Standard for Dry Chemical Extinguishing Systems
Table 704.2
17A-20: Standard for Wet Chemical Extinguishing Systems Table 704.2
25-20: Standard for the Inspection, Testing and Maintenance of Water -Based Fire Protection Systems Table 704.2
70-20: National Electrical Code
102.3, 201.3, 604.2
72-19: National Fire Alarm and Signaling Code
Table 704.2
80-19: Standard for Fire Doors and Other Opening Protectives 703.3.3, 703.4
105-19: Standard for Smoke Door Assemblies and Other Opening Protectives 703.3.2
204-18: Standard for Smoke and Heat Venting
Table 704.2
720-15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment 705.2
750-19: Standard on Water Mist Fire Protection Systems
Table 704.2
2001-18: Standard on Clean Agent Fire Extinguishing Systems Table 704.2
UL Underv,,riters Laboratories, LLC
333 Pfingsten Road
Northbrook, IL 60062
268-2016: Smoke Detectors for Fire Alarm Systems —with revisions through July 2016 704.6.4
8-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai ([email protected]), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24-2wense Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED

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101338442

APPENDIX A

BOARDING STANDARD
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.

User note:

About this appendix: Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to elimi- nate having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the provisions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction.

A101

GENERAL
A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.

A102

MATERIALS
A102.1 Boarding sheet material. Boarding sheet material shall be minimum l/z inch -thick (12.7 mm) wood structural panels complying with the International Building Code.

A102.2 Boarding framing material. Boarding framing
material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code.

A102.3 Boarding fasteners. Boarding fasteners shall be
minimum 3/8 inch -diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code.

A103

INSTALLATION
A103.1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and
A103.1(2) and Sections A103.2 through A103.5.

A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window.

A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102
mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the
window opening. The framing and boarding shall be
predrilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured.

A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing
material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking
shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center.

A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner.

A104

REFERENCED STANDARD
A104.1 Referenced standards. Table A104.1 lists the stan- dard that is referenced in various sections of this appendix.

The standard is listed herein by the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.8.

TABLE Al04.1

REFERENCED STANDARD

STANDARD

STANDARD NAME

SECTIONS HEREIN

ACRONYM

REFERENCED
A102.1, A102.2,
IBC-21
International BuildingCode
A102.3
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
APPENDIX A-1
Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai ([email protected]), (City of Newport Reach) Order Number #101338442 on Aug 26, 2022 o 7:2 t AM (PDT) 2 1 2"nse Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED

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101338442

APPENDIX A BOARDING STANDARD
For SI: I inch — 25.4 Trim.
3/8" carriage bolts.

Bolts shall be long enough to extend from the
exterior plywood through the interior plywood
and strong backs and fastened from the interior
'CDX plywood or
rformance-rated OSB.
2" x 4" strong backs
indow frame
" x 4" strong backs
,a a'' "
Bolts shall be long enough to extend from the
exterior plywood through the interior plywood
and strong backs and fastened from the interior
with a nut.

FIGURE A103.1(1)

BOARDING OF DOOR OR WINDOW
%x" CDX PLYWOOD OR PERFORMANCE -RATED OSB SHALL BE SECURED

TO HEADER, BSE PLATE, STUDS, STILES, AND EDGE BLOCKING USING ALTERNATE ALONG EDGE OF EACH SHEET OF 2" x 4" STUDS
PLYWOOD OR OSB, SPACED 24" ON CENTER
Far 5I:1 inch=25.4m .

FIGURE A103.1(2)

BOARDING OF DOOR WALL
IR
" x 4" STILE
')OR WALL FRAME
x 4' BASE PLATE
APPENDIX A-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE° Copyright @ 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai ([email protected]), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT)21 r20&nse Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED

REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

;saa2
*:k

APPENDIX B

BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.

User note:

About this appendix: Appendix B provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business.

Code development reminder: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the 2022 (Group B) Code Development Cycle.

SECTION B101

GENERAL
B101.1 Scope. A board of appeals shall be established
within the jurisdiction for the purpose of hearing applica- tions for modification of the requirements of this code pursuant to the provisions of Section 107 (Means of
Appeals). The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issu- ing orders pursuant to these provisions.

B101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.

B101.2.1 Limitation of authority. The board shall not
have authority to waive requirements of this code or inter- pret the administration of this code.

B101.2.2 Stays of enforcement. Appeals of notice and
orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.

B101.3 Membership of the board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [INSERT NUMBER OF YEARS] years or until a successor
has been appointed. The board member's terms shall be stag- gered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board.

B101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

B101.3.2 Alternate members. The chief appointing
authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear
appeals during the absence or disqualification of a
member. Alternate members shall possess the qualifica-
tions required for board membership, and shall be
appointed for the same term or until a successor has been appointed.

B101.3.3 Vacancies. Vacancies shall be filled for an
unexpired term in the same manner in which original
appointments are required to be made.

B101.3.4 Chairperson. The board shall annually select
one of its members to serve as chairperson.

B101.3.5 Secretary. The chief appointing authority shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings which shall set forth the reasons for the
board's decision, the vote of each member, the absence of a member and any failure of a member to vote.

B101.3.6 Conflict of interest. A member with any
personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters.

B101.3.7 Compensation of members. Compensation of
members shall be determined by law.

B101.3.8 Removal from the board. A member shall be
removed from the board prior to the end of their terms
only for cause. Any member with continued absence from
regular meeting of the board may be removed at the
discretion of the chief appointing authority.

B101.4 Rules and procedures. The board shall establish
policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented.

B101.5 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic intervals.

B101.5.1 Open hearing. All hearings before the board
shall be open to the public. The appellant, the appellant's representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard.
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
APPENDIX B-1
Copyright O 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai ([email protected]), (City of Newport Reach) Order Number A101338442 on Aug 26, 2022 o 7:2 t AM (PDT) Agreement with ICG No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED

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101338442

APPENDIX B BOARD OF APPEALS
B101.5.2 Quorum. Three members of the board shall
constitute a quorum.

B101.5.3 Postponed hearing. When five members are
not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

B101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration.

Members shall be represented by legal counsel at the juris- diction's expense in all matters arising from service within the scope of their duties.

B101.7 Board decision. The board shall only modify or
reverse the decision of the code official by a concurring vote of three or more members.

B101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant's representative and to the code official.

B101.7.2 Administration. The code official shall take
immediate action in accordance with the decision of the board.

B101.8 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

APPENDIX B-2 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright® 2020 ICC. ALL RIGHTS RESERVED. Accessed by Tonee Thai ([email protected]), (City of Newport Beach) Order Number #101338442 on Aug 26, 2022 07:21 AM (PDT) 24- r-e Agreement with ICC. No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED

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1 M 338442
A
ACCESS
INDEX
Emergency egress ......................... 702
From bedrooms ........................
404.4.2
Plumbing fixtures, access for cleaning .........504.2
To public way............................702.1
Toilet room as passageway .................503.1
Water closet ...........................
404.4.3

ADJACENT
Privacy (hotel units, rooming units) ............
404.1

ADMINISTRATION
Scope..................................101.2
AIR
Combustion air...........................603.5
AISLES
Minimum width...........................702.2

ALTERATION
Applicability of other codes ..................102.3
Inspection...............................105.2
Prosecution..............................109.3
Unlawful acts............................109.1
ANCHOR
Anchored, definition ........................
202
Architectural trim ..........................304.8
Signs, marquees and awnings ...............304.9
Unsafe conditions .......................
304.1.1
APPEAL
Application..............................107.2
Board of appeals ..........................108.1
Hearing, emergency orders .................112.6
Membership.............................108.1
Notice of appeal ..........................107.2
Records................................105.6
Right to appeal...........................107.2

APPLIANCE
Cooking ...........................
403.3, 602.2
Mechanical..............................603.1

APPLICABILITY
Application of references ..................102.10
General.................................102.1
Other laws..............................102.11
Referenced codes and standards.............102.8

APPROVAL
Alternatives..............................106.2
Authority ..........................
105.1, 106.2
Modifications ............................
106.1
Research reports .........................
106.6
Used material and equipment ...............
106.4

APPROVED
Alternative materials, methods
and equipment .........................
106.2
Definition.................................202
Energy conservation devices ................
603.6
Garbage storage facilities .................308.3.1
Modifications ............................
106.1
Used materials and equipment
.............. 106.4

ARTIFICIAL
Lighting of habitable rooms .................
401.3
Lighting of other spaces ...................
402.3

AUTOMOBILE
Motor vehicles ...........................
302.8
AWNING
Signs, marquees and awnings
.............. 304.9

BALCONY
Handrails and guardrails .................. 304.12

BASEMENT
Definition.................................202
Hatchways.............................304.16
Windows..............................304.17

BATHROOM
Common bathrooms .................502.3,
503.1
Hotels .................................
502.3
Lighting ................................
605.3
Locks..................................503.1
Outlets required ..........................
605.2
Privacy.................................503.1
Ventilation ..............................
403.2

BATHTUB
Dwelling units ...........................
502.1
Rooming houses .........................502.2
Sewage system ..........................
506.1
Water system ............................
505.1
Water -heating facilities ....................
505.4

BOARDING
Boarding standard ...................

Appendix A
BOILER
Unsafe equipment .......................111.1.2
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-1
' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)_9, r20ena I ' 1 Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED e

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INDEX
101338442
C

CAPACITY
Heating facilities .............. 602.2, 602.3, 602.4

CARBON MONOXIDE ALARMS AND DETECTION
Installation ..............................
705.1
Maintenance ............................
705.2

CEILING
Basement rooms .........................
404.3
Fire -resistance ratings .....................
703.1
Interior surfaces ..........................
305.3
Minimum height ..........................
404.3
Sleeping rooms ..........................
404.3

CHANGE, MODIFY
Application of other codes ..................
102.3

CHIMNEY
Exterior structure ........................
304.11
Flue ..............................
603.2, 603.3

CLEANING
Access for cleaning .......................
504.2
Disposal of garbage ......................
308.3
Disposal of rubbish .......................
308.2
Interior and exterior sanitation ...............
308.1
Interior surfaces ..........................
305.3
Plumbing facilities, maintained ..............
504.1
Required plumbing facilities ..................
502
Responsibility of persons ..................
305.1
Trash containers ........................
308.3.2
Vacant structures and land .................
301.3

CLEARANCE
Heating facilities .........................
603.3
Plumbing fixtures .........................
504.2

CLOSING
Streets .................................
112.3
Vacant structures ........................
111.2

CLOTHES DRYER
Exhaust ................................
403.5

CODE OFFICIAL
Condemnation ...........................
111.1
Demolition................................113
Duties...................................105
Emergency order ...........................112
Enforcement authority .....................
105.1
Failure to comply with demolition order........
113.3
Identification ............................
105.3
Inspections .............................
105.2
Liability, relief of personal ..................
105.7
Membership of board of appeals .............
108.1
Notice of violation ....................
105.5, 107
Official records ........................... 105.6
Personal liability ..........................
105.7
Placarding ..............................
111.7
Prosecution.............................109.3
Removal of placard .....................
111.7.1
Right of entry ............................
105.3
Transfer of ownership .....................
111.6
Vacant structures .........................
111.2
Voting of appeals board ....................
108.1

COMBUSTION
Combustion air ...........................
603.5

COMPONENT SERVICEABILITY
Unsafe conditions .......................
306.1.1

CONDEMNATION
Closing of vacant structures .................
111.2
Failure to comply .........................
113.3
General................................111.1
Notices and orders ..................
111.2, 111.3
Placarding..............................111.7
Removal of placard .....................
111.7.1

CONFLICT
Conflict of interest ......................
109.1.3
Violations ...............................
109.1

CONNECTION
Sewage system ..........................
506.1
Water heating ............................
505.4
Water system ............................
505.1

CONSTRUCTION
Existing structures ........................
101.2

CONTAINER
Garbage ..............................
308.3.2
Rubbish storage ........................
308.2.1

CONTINUOUS
Unobstructed egress ......................
702.1

CONTROL
Rodent control .....................
302.5, 304.5
Safety controls ...........................
603.4
Weed..................................302.4

COOLING
Cooling towers ..........................
304.11

CORRIDOR
Accumulation of rubbish ....................
308.1
Light...................................402.2
Lighting fixtures ..........................
605.3
Obstructions .......................
702.1, 702.2
Ratings maintained ........................
703

COST OF SUCH DEMOLITION

OR EMERGENCY
REPAIRS ................................
202
INDEX-2
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,2&g- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED

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INDEX
101338442

DAMP, DAMPNESS
Roofs..................................304.7
Window, door frames .....................304.13

DANGEROUS, HAZARDOUS
Condemnation...........................111.1
Demolition ................................
113
Electrical hazards ..................604.3,
604.3.1
Existing remedies .........................102.4
Imminent danger ...........................
202
Unsafe equipment .......................
111.1.2
Unsafe structures or premises .............
111.1.5
DECKS
Handrails and guardrails ...................304.12
Maintenance ......................
304.2, 304.10

DEMOLITION
Existing remedies .........................102.4
Failure to comply .........................113.3
General..................................113
Order...................................113.2
Salvage materials .........................113.4
DETACHED ..................
111.1.5, 202, 306.1.1

DETECTORS
Smoke...................................704

DETERIORATION
Components of systems .................
306.1.1
Definition .................................
202
Exterior structure .......................
304.1.1
Exterior walls............................304.6
DIRECT
Egress..................................702.1

DISPOSAL
Disposal of garbage .......................308.3
Disposal of rubbish ........................308.2
DOOR
Exit doors...............................702.3
Fire....................................703.2
Hardware..............................304.15
Insect screens...........................304.14
Interior surfaces ..........................305.3
Locks ...........................
304.15, 702.3
Maintenance .....................
304.13, 304.15
Weather tight...........................304.13
Window and door frames ..................304.13

DORMITORY (ROOMING HOUSE, HOTEL, MOTEL)
Locked doors............................702.3
Privacy ...........................
503.1, 503.2

DRAFT STOPPING
Maintenance ...........................
703.3.1

DRAIN, DRAINAGE
Basement hatchways .....................304.16
Plumbing connections .......................506
Storm drainage ............................507
DUCT
Duct systems..............................607
Exhaust duct............................304.9
DUST
Process ventilation .......................
403.4

DWELLING
Cleanliness ........................305.1,
308.1
Definition.................................202
Electrical ...............................
604.1
Heating facilities ...........................602
Required facilities ..........................502
C
EGRESS
Aisles..................................702.2
Emergency escape .......................
702.4
General................................702.1
Lighting ................................
402.2
Locked doors............................702.3
Obstructions prohibited ....................
702.1
Stairs, porches and railings ..........
304.10, 305.4,
305.5, 307.1

ELECTRIC, ELECTRICAL EQUIPMENT
Abatement of hazards, fire exposure .........
604.3.2
Abatement of hazards, water exposure .......
604.3.1
Condemnation ...........................
111.1
Electrical equipment ...................
604.3.1.1
Facilities required ........................
604.1
Hazards................................604.3
Installation ..............................
605.1
Lighting fixtures ..........................
605.3
Receptacles ........................604.3,
605.2
Responsibility ...........................
601.2
Service.................................604.2

ELEVATOR, ESCALATORS, DUMBWAITERS
Condemnation ...........................
111.1
General................................606.1
Maintenance .......................606.1,
606.2

EMERGENCY
Emergency escape openings ...............
702.4
Emergency measures .......................112
Emergency orders ........................
112.1

ENFORCEMENT
Duties and powers ..........................105
Scope.................................101.2

EQUIPMENT
Alternative ..............................
106.2
Combustion air ..........................
603.5
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-3
' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2r r2ta&nae I ' 1 Agreement with ICC. No further [,production, no forth,[ tgmd-tim,a by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED

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INDEX
101338442
Condemnation .................... 111.1.2, 111.3
Electrical installation ...................... 605.1
Emergency order .........................
112.1
Energy conservation devices ...............
603.6
Installation ..............................
603.1
Interior structure .........................
305.1
Placarding .........................
111.7, 111.8
Prohibited use ...........................
111.8
Responsibility ...........................
601.2
Safety controls ...........................
603.4
Scope .................................
101.2
Scope, mechanical and electrical ............
601.1
Support, definition ..........................
202
Unsafe................................111.1.2
Used ..................................
106.4

EXHAUST
Clothes dryer ............................
403.5
Exhaust ducts ...........................
304.9
Process ventilation .......................
403.4

EXISTING
Remedies ..............................
102.4
Scope .................................
101.2
Structural members ................
304.1.1, 304.4
Structures ..............................
101.3

EXTERIOR
Decorative features .......................
304.8
Exterior structure ...........................
304
Exterior walls ............................
304.6
Painting ...........................
304.2, 304.6
Rodent harborage ...................
302.5, 304.5
Sanitation ..............................
304.1
Scope .................................
301.1
Stair ..................................
304.10
Street numbers ..........................
304.3
Unsafe conditions .......................
304.1.1
Weather tight ...........................
304.13
F
FAN
Exhaust vents ........................... 302.6

FEES, EXPENSES, COST
Closing vacant structures ..................
111.2
Demolition ...................
113.1, 113.3, 113.4
Extermination ...........
309.2, 309.3, 309.4, 309.5
General ................................
104.1
Relief from personal liability
................ 105.7
FENCE
Accessory ..............................
302.7
Maintenance ............................
304.2
FIRE
Blocking Maintenance ................... 703.3.1

FIRE DEPARTMENT
Connection access ...............
704.5.1, 704.5.2
Connections.............................704.5

FIRE PROTECTION SYSTEMS
Emergency impairments .................
704.3.1
Equipment ................
704.4, 704.4.1, 704.4.2
Inspection ..................
704.1, 704.1.3, 704.2
Installation ............................ 704.1.1
Maintenance ................
704.1, 704.1.3, 704.2
Out of service ............................
704.3
Records of maintenance .................
704.2.1
Required systems ...............
704.1.2, 704.2.2
Smoke alarms ...........................
704.6
Smoke detections systems ...............
704.6.4
Termination of service ...................
704.4.3
Testing ....................
704.1, 704.1.3, 704.2

FIRE -RESISTANCE RATINGS
Ceilings................................703.5
Draft stopping ..........................
703.3.1
Fire barriers ...........................
703.3.3
Fire blocking ...........................
703.3.1
Fire partitions ..........................
703.3.3
Fire walls .............................
703.3.3
Maintenance ............................. 703.3
Opening protective ........................
703.4
Shafts..................................703.7
Smoke barriers .........................
703.3.2
Smoke partitions .......................
703.3.2
Unsafe conditions .........................
703.2

FLAMMABLE LIQUID
Containers ............................
111.1.2

FLOOR, FLOORING
Area for sleeping purposes ...............
404.4.1
Fire -resistance ratings .....................
703.1
Interior surfaces ....................
305.1, 305.3
Space requirements ................
404.4.1, 404.6

FOOD PREPARATION
Cooking equipment .......................
403.3
Sanitary condition ................... 305.1, 404.7
Ventilation..............................403.4

FOUNDATION
Condemnation .........................
111.1.1
Foundation walls .........................
304.5
Unsafe conditions ................
304.1.1, 305.1.1
FRAME
Window and door frames ..................
304.13
INDEX-4
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, 21111-e- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED

REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

INDEX
101338442
G
GARBAGE ................................. 308
GAS
Energy conservation devices
................603.6
Exhaust vents............................302.6

GLAZING
Materials .............................
304.13.1
GRADE
Drainage............................302.2,
507
GUARD
Anchorage and maintenance
...............304.12
Basement windows .....................
304.18.2
Definition .................................
202
H

HABITABLE
Definition ................................. 202
Light....................................402
Minimum ceiling height .....................404.3
Minimum room width .......................404.2
Required plumbing facilities ..................
502
Residential heating facilities ...........
602.2, 602.3
Space requirements .....................
404.4.1
Ventilation ................................
403
HABITABLE SPACE ...... 402.1,
403.1, 404.4.2, 605.2

HANDRAILS AND GUARDRAILS
Handrails ....................304.12,
305.5, 307.1
Stairs and porches .......................304.10

HARDWARE
Door hardware ....................
304.15, 702.3
Openable windows .....................
304.13.2

HEAT, HEATING
Energy conservation devices ................603.6
Fireplaces...............................603.1
Heating.................................603.1
Mechanical equipment .....................603.1
Required capabilities .......................
602
Residential heating ..................
602.2, 602.3
Supply..................................602.3
Water heating facilities .....................505.4
Water system .............................
505
HEIGHT
Minimum ceiling height .....................404.3

HISTORIC BUILDING

HOTELS, ROOMING HOUSES

AND DORMITORY

UNITS, MOTELS
Definition .................................
202
Locked doors............................702.3
Required facilities ..........................
502
Toilet rooms ..............................
503

HOUSEKEEPING UNIT
Definition.................................202

IDENTIFICATION
Code official .............................
105.4
IMMINENT DANGER ....
107.5, 112.1, 703.2, B101.2.2

INFESTATION
Condemnation..........................111.1.3
Definition.................................202
Insect and rodent .............
302.5, 304.14, 309.1

INSECTS
Infestation ..............................
309.1
Insect screens ..........................
304.14
Pest elimination ............................309

INSPECTIONS
General................................105.2
Right of entry ............................
105.3

INSPECTOR
Identification ............................
105.4
Inspections .............................
105.2
Records................................105.6
INTENT
Code..................................101.3

INTERIOR
Interior structure ...........................305
Interior surfaces .......................... 305.3
Means of egress ...........................702
Sanitation ...............................
305.1
Unsafe conditions .......................305.1.1
J

JURISDICTION
Title ................................... 101.1
K

KITCHEN
Electrical outlets required ..................
605.2
Minimum width ...........................
404.2
Prohibited use..........................404.4.4
Room lighting ............................
605.3
Water heating facilities ....................
505.4
L

LANDING
Handrails and guards ......... 304.12, 305.5, 306.1
Maintenance ......................304.10, 305.4
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-5
' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, r2tal i22—n I ' 1 Agreement with ICC. No further [,production, no forth,[ tgmd-tim,a by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED

RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

INDEX
101338442

LAUNDRY
Room lighting ........................... 605.3
Water -heating facilities ....................
505.4

LAVATORY
Hotels .................................
502.3
Required facilities ..........................
502
Rooming houses .........................
502.2
Sanitary drainage system ....................
506
Water system .............................
505
Water -heating facilities ....................
505.4

LEASE (SELL, RENT)
Heat supplied ...........................
602.3
Salvage materials ........................
113.4
Transfer of ownership .....................
111.6
LIEN
Closing of vacant structures ................
111.2
Demolition ..............................
113.3
Failure to comply .........................
113.3

LIGHT, LIGHTING
Common halls and stairways ..........
402.2, 605.3
General..................................402
Habitable rooms .........................
402.1
Kitchen ................................
605.3
Laundry rooms ..........................
605.3
Luminaires ..............................
605.3
Other spaces ............................
402.3
Responsibility ...........................
401.2
Scope .................................
101.2
Toilet rooms .............................
605.3

LIVING ROOM
Room area.............................404.4.1

LOAD, LOADING
Elevators, escalators and dumbwaiters........
606.1
Handrails and guardrails .............
304.12, 305.5
Live load ..........................
304.4, 305.2
Stairs and porches .................
304.10, 305.2
Structural members..................304.4,
305.2
M

MAINTENANCE
Required ............................... 102.2

MATERIAL
Alternative ..............................
106.2
Salvage ................................
113.4
Used ..................................
106.4
MEANS OF EGRESS.........
111.1.5, 304.15, 402.2,
702.1, 702.3, 704.6.1.1

MECHANICAL
Installation ..............................
603.1
Responsibility ...........................
601.2
Scope..................................601.1
Ventilation, general ........................ 403
Ventilation, toilet rooms
.................... 403.2

MINIMUM
Ceiling height ............................
404.3
Room area ............................
404.4.1
Room width .............................
404.2

MODIFICATION
Approval................................106.1

MOTOR VEHICLES
Inoperative ..............................
302.8
Painting................................302.8
N

NATURAL
Lighting .............................
401.3, 402
Ventilation ..........................
401.3, 403

NOTICES AND ORDERS
Appeal.................................107.2
Form .................................
111.4.1
Method of service .......................
111.4.2
Orders ..................................
107
Owner, responsible person .................
111.4
Penalties...............................107.5
Placarding of structure .....................
111.7
Transfer of ownership .....................
111.6
Unauthorized tampering ....................
111.5
Vacating structure ........................
111.2

NOXIOUS
Process ventilation ........................
403.4
Weeds.................................302.4

NUISANCE
Closing of vacant structures .................
111.2

OBSTRUCTION
Light...................................402.1
Right of entry ............................
105.3

OCCUPANT

OPENABLE
Locked doors............................702.3
Windows ........................
304.13.2, 403.1

OPENING PROTECTIVES
Closers.................................703.8
Door operation .........................
703.4.3
Hold -open devices ......................
703.4.2
Maintenance .............................
703.4
Signs ................................
703.4.1
Testing.................................703.6
INDEX-6
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,21aoe- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED

REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

101338442
INDEX

OPERATOR
Demolition................................113
Definition .................................
202
Emergency, notice........................
112.1

ORDINANCE, RULE
Notice to owner .....................111.4,
111.3
Applicability ...............................
102
Placarding of structure.....................
111.7
Application for appeal ......................107.2
Prohibited use ...........................
111.8
OUTLET
Removal..............................111.7.1
Electrical................................605.2

PLUMBING
OWNER
Clean and sanitary ........................
504.1
Closing of vacant structures .................111.2
Clearance ..............................
504.2
Definition.................................202
Connections .............................
505.1
Demolition ................................
113
Contamination ...........................
505.2
Failure to comply .........................113.3
Employee's facilities ......................
503.3
Insect and rat control ...........302.5, 309.2, 309.4
Fixtures ................................
504.1
Notice ............................
111.4, 111.3
Required facilities ..........................502
Pest elimination ..........................309.2
Responsibility ...........................
501.2
Placarding of structure .....................111.7
Sanitary drainage system ....................506
Responsibility............................301.2
Scope.................................501.1
Responsibility, fire safety ...................701.2
Storm drainage ............................507
Responsibility, light, ventilation...............401.2
Supply .................................
505.3
Responsibility, mechanical and electrical
.......601.2
Water heating facilities ....................
505.4
Responsibility, plumbing facilities .............501.2
PORCH
Right of entry ............................105.3
Handrails ..............................
304.12
Rubbish storage ........................
308.2.1
Structurally sound .......................
304.10
Scope..................................101.2

PORTABLE (TEMPORARY)
Transfer of ownership ......................111.6
Cooking equipment .......................
603.1

PRESSURE
P
Water supply ............................
505.3

PRIVATE, PRIVACY

PASSAGEWAY
Bathtub or shower ........................
503.1
Common hall and stairway ..................402.2
Occupancy limitations .....................
404.1
Interior surfaces ..........................305.3
Required plumbing facilities ...................
502
Toilet rooms, direct access..................503.1
Sewage system ..........................
506.1

PENALTY
Water closet and lavatory
503.1
Notices and orders ........................107.5
Water system............................
505.1
Placarding of structure .....................111.7

PROPERTY, PREMISES
Prohibited occupancy ......................111.8
Cleanliness ........................304.1,
308.1
Removal of placard ......................
111.7.1
Condemnation.............................111
Scope..................................101.2
Definition .................................
202
Violations...............................109.4
Demolition................................113

PEST ELIMINATION
Emergency measures .......................112
Condemnation...........................111.1
Exterior areas.............................302
Definition .................................
202
Failure to comply.........................
113.3
Insect and rodent control .............302.5,
304.5,
Grading and drainage .....................
302.2
304.14, 309.1
Pest elimination, multiple occupancy .....
302.5, 309.4
Pest elimination ..........................309.1
Pest elimination, single occupancy ......302.5,
309.3
Responsibility of owner ...............
301.2, 309.2
Responsibility ...........................
301.2
Responsibility of tenant -occupant .......
309.3, 309.4,
Scope .................................
301.1
309.5
Storm drainage ............................507

PLACARD, POST
Vacant structures and land .................
301.3
Closing.................................111.2

PROTECTION
Condemnation...........................111.1
Basement windows ......................
304.17
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
INDEX-7
Copyright l 2020 ICC. ALL RIGHTS
RESERVED. Accevsed by Tone,
Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2, r2114enae I
' 1 '
I '
Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited.

ANY UNAUTHORIZED

RLL'RODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL

CRIMINAL PENALTIES THEREUNDER

INDEX
1 M 338442
Fire protection systems ......................
704
Signs, marquees and awnings ..............
304.9
PUBLIC
Cleanliness ........................304.1,
305.1
Egress .................................
702.1
Hallway ................................
502.3
Sewage system ..........................
506.1
Toilet facilities .......................
502.5, 503
Vacant structures and land .................
301.3
Water system .............................
505

PUBLIC WAY
Definition.................................202
R

RAIN (PREVENTION OF ENTRY INTO

BUILDING

EXTERIOR ENVELOPE)
Basement hatchways ....................
304.16
Exterior walls ............................
304.6
Grading and drainage .....................
302.2
Roofs ..................................
304.7
Window and door frames .................
304.13
RECORD
Official records ..........................
105.6
REPAIR
Application of other codes ..................
102.3
Chimneys .............................
304.11
Demolition ..............................
113.1
Exterior surfaces .........................
304.1
Intent ..................................
101.3
Maintenance ............................
102.2
Signs, marquees and awnings ..............
304.9
Stairs and porches ......................
304.10
Weather tight ...........................
304.13
Workmanship ...........................
102.5

REPORTS
Test reports ............................
106.3.2

RESIDENTIAL
Pest elimination ............................
309
Residential heating .......................
602.2
Scope .................................
101.2

RESPONSIBILITY
Fire safety ..............................
701.2
Garbage disposal ........................
308.3
General ................................
301.2
Mechanical and electrical ..................
601.2
Persons ................................
301.1
Pest elimination ............................
309
Placarding of structure ....................
111.7
Plumbing facilities ........................
501.2
Rubbish storage ........................
308.2.1
Scope ............................
101.2,301.1

REVOKE, REMOVE
Demolition ...............................
113
Existing remedies .........................
102.4
Removal of placard .....................
111.7.1
Rubbish removal .......................
308.2.1

RIGHT OF ENTRY
Duties and powers of code official ............
105.3
Inspections..............................105.2

RODENTS
Basement hatchways .....................
304.16
Condemnation ............................
111
Foundations.............................304.5
Guards for basement windows ..............
304.17
Harborage..............................302.5
Insect and rodent control ...................
309.1
Pest elimination ......................
302.5, 309
ROOF
Exterior structure .........................
304.1
Roofs..................................304.7
Storm drainage ............................
507
ROOM
Bedroom and living room ...................
404.4
Cooking facilities .........................
403.3
Direct access ............................
503.2
Habitable ...............................
402.1
Heating facilities ...........................
602
Light ....................................
402
Minimum ceiling heights ....................
404.3
Minimum width ...........................
404.2
Overcrowding............................404.5
Prohibited use .........................
404.4.4
Temperature .............................
602.5
Toilet ...................................
503
Ventilation ...............................
403

RUBBISH
Accumulation ............................
308.1
Definition ................................
202
Disposal................................308.2
Garbage facilities .......................
308.3.1
Rubbish storage ........................
308.2.1
S

SAFETY, SAFE
Fire safety requirements ........ 701, 702, 703, 704
Safety controls ........................... 603.4
INDEX-8
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Copyright �) 2020 ICC. ALL RIGHTS RESERVED. Accevsed by To nee Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2,211&- Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Smgle user only, copying and networking prohibited. ANY UNAUTHORIZED

REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

INDEX
101338442

SANITARY
Cleanliness ........................
304.1, 305.1
Disposal of garbage .......................308.3
Disposal of rubbish ........................308.2
Exterior property areas .....................302.1
Exterior structure .........................304.1
Food preparation .........................404.7
Furnished by occupant .....................302.1
Grease interceptors .......................506.3
Interior surfaces ..........................305.3
Plumbing fixtures .........................504.1
Required plumbing facilities ..................
502
Scope..................................101.2

SCREENS
Insect screens...........................304.14

SECURITY
Basement hatchways ...................
304.18.3
Building................................304.18
Doors...............................304.18.1
Vacant structures and land ..................301.3
Windows.............................304.18.2

SELF -CLOSING SCREEN DOORS
Insect screens...........................304.14

SEPARATION
Fire -resistance ratings ......................
703
Privacy.................................404.1
Separation of units ........................404.1

SERVICE
Electrical................................604.2
Method ...............................
111.4.2
Notices and orders ..................
111.4, 111.3
Service on occupant .......................111.3
SEWER
General.................................506.1
Maintenance.............................506.2
SHOWER
Bathtub or shower .........................502.1
Rooming houses ..........................502.2
Water system .............................
505
Water -heating facilities .....................505.4
SIGN
Fire door signs .........................
703.4.1
Signs, marquees and awnings ...............304.9
Unauthorized tampering ....................111.5

SINGLE-FAMILY DWELLING
Extermination .............................
309
SINK
Kitchen sink.............................502.1
Sewage system ...........................
506
Water supply.............................505.3
SIZE
Efficiency unit ...........................
404.6
Habitable room, light ........................402
Habitable room, ventilation ...................403
Room area.............................404.4.1

SMOKE ALARMS
Group R-1 ...........................
704.6.1.1
Groups R-2, R-3, R-4 and 1-1 ............
704.6.1.2
Installation near bathrooms ..............
704.6.1.4
Installation near cooking appliances .......
704.6.1.3
Interconnection.........................704.6.2
Power source...........................704.6.3
Testing.................................704.7
Where required.........................704.6.1
SPACE
General, light ..............................402
General, ventilation .........................403
Occupancy limitations .......................404
Privacy.................................404.1
Scope.................................401.1
STACK
Smoke................................304.11
STAIRS
Common halls and stairways, light ...........
402.2
Exit facilities .............................
305.4
Exterior property areas ....................
302.3
Handrails.........................304.12,
305.5
Lighting ................................
605.3
Stairs and porches .......................
304.10

STANDARD
Referenced.............................102.8

STOP WORK ORDER
Authority ...............................
110.1
Emergencies ............................
110.3
Failure to comply .........................
110.4
Issuance...............................110.2

STORAGE
Food preparation .........................
404.7
Garbage storage facilities ..................
308.3
Rubbish storage facilities ..................308.2.1
Sanitation ...............................
308.1

STRUCTURE
Accessory structures ......................
302.7
Closing of vacant structures ................
111.2
Definition.................................202
Emergency measures .......................112
General, condemnation ......................113
General, exterior .........................
304.1
General, interior structure ..................
305.1
Placarding of structure .....................
111.7
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-9
' I ' Copyright l 2020 ICC. ALL RIGHTS RESERVED. Accevsed by Tone, Thai ([email protected]), (City of Newport Beach) Order Number a101338442 on Aug 26, 2022 o721 AM (PDT)2r r2tal�ens I ' 1 Agreement with ICC. No further [,production, no futth , tgmductions by any third patty, or distrion butiauthize ord. Smgl, user only, copying and networking prohibited. ANY UNAUTHORIZED ,

RLPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER

INDEX
101338442
Scope .................................
301.1
Structural members..................304.4,
305.2
Vacant structures and land
................. 301.3
SUPPLY
Combustion air ..........................
603.5
Public water system ......................
505.1
Water supply ............................
505.3
Water system .............................
505
Water -heating facilities ....................
505.4

SURFACE
Exterior surfaces ....................
304.2, 304.6
Interior surfaces ..........................
305.3

SWIMMING
Enclosure ..............................
303.2
Safety covers ............................
303.2
Swimming pools .........................
303.1
10 TEMPERATURE
Nonresidential structures ...................
602.4
Residential buildings ......................
602.2
Water -heating facilities ....................
505.4
TENANT
Scope .................................
101.2

TEST, TESTING
Agency...............................106.3.1
Methods...............................106.3.1
Reports ...............................
106.3.2
Required ...............................
106.3
TOXIC
Process ventilation .......................
403.4
TRASH
Rubbish and garbage .......................308
U

UNOBSTRUCTED
Access to public way ...................... 702.1
General, egress ..........................
702.1

UNSAFE STRUCTURES AND EQUIPMENT
Abatement methods ......................
111.9
Dangerous structure or premises ...........
111.1.5
Equipment .............................
111.1.2
Existing remedies ........................
102.4
General, condemnation ..................
111, 113
General, demolition .........................
113
Notices and orders ...................
107, 111.3
Record .................................
111.3
Structures .............................
111.1.1
USE
Application of other codes .................. 102.3
General, demolition ........................ 113

UTILITIES
Authority to disconnect ................... 111.2.1
V
VACANT
Abatement methods .......................
111.9
Authority to disconnect service utilities ......
111.2.1
Closing of vacant structures .................
111.2
Emergency measure .......................
112
Method of service ..................
111.4.2, 111.3
Notice to owner or to person
responsible ........................
107, 111.3
Placarding of structure .....................
111.7
Record.................................111.3
Vacant structures and land .................
301.3
VAPOR
Exhaust vents ............................
302.6

VEHICLES
Inoperative ..............................
302.8
Painting................................302.8
VENT
Exhaust vents ............................
302.6
Flue...................................603.2
Plumbing hazard .........................
504.3

VENTILATION
Clothes dryer exhaust .....................
403.5
Combustion air ...........................
603.5
Definition ................................
202
General, ventilation ........................
403
Habitable rooms ..........................403.1
Process ventilation ........................
403.4
Recirculation ......................
403.2, 403.4
Toilet rooms .............................
403.2
VERMIN
Condemnation ............................
111
Insect and rodent control ...............
302.5, 309

VERTICAL SHAFTS
Required enclosure .......................
703.7

VIOLATION
Condemnation ............................
111
Enforcement .............................
109.2
General .................................
109
Notice ..............................
107,111.3
Placarding of structure .....................
111.7
Prosecution.............................109.3
Separate offenses ........................
109.4
Strict liability offense ..................
109.3, 202
Transfer of ownership .....................
111.6
INDEX-10
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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INDEX
101338442
W
WALK
Sidewalks...............................302.3
WALL
Accessory structures ......................302.7
Exterior surfaces ....................
304.2, 304.6
Exterior walls............................304.6
Foundation walls ..........................304.5
General, fire -resistance rating
...............703.1
Interior surfaces ..........................305.3
Outlets required ..........................605.2
Temperature measurement .................602.5
WASTE
Disposal of garbage .......................308.3
Disposal of rubbish ........................308.2
Garbage storage facilities .................
308.3.1
WATER
Basement hatchways .....................304.16
Connections.............................506.1
Contamination............................505.2
General, sewage ...........................
506
General, storm drainage .....................
507
General, water system ......................
505
Heating.................................505.4
Hotels..................................502.3
Kitchen sink.............................502.1
Nonpotable water reuse .............505.5,
505.5.1
Required facilities ..........................
502
Rooming houses ..........................502.2
Supply..................................505.3
System..................................505
Toilet rooms ..............................
503
Water -heating facilities .....................505.4

WEATHER, CLIMATE
Heating facilities ...........................
602
WEEDS
Noxious weeds...........................302.4
WIDTH
Minimum room width .......................404.2
WINDOW
Emergency escape ........................702.4
Glazing ..............................
304.13.1
Guards for basement windows
..............304.17
Habitable rooms ..........................402.1
Insect screens...........................304.14
Interior surface...........................305.3
Light....................................402
Openable windows .....................
304.13.2
Toilet rooms.............................403.2
Ventilation................................403
Weather tight ........................... 304.13
Window and door frames .................. 304.13

WORKMANSHIP
General................................102.5
1'1
YARD ............................... 202, 507.1
2021 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX-11
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INDEX-12 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE®
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INTERNATIONAL

CODE COUNCIL

101338444

INTERNATIONAL

SWIMMING
POOL & :

HOT TU e�
A.LLIA.NCE inia
cjx: Vr
21-224

C
40A

INTERNATIONAL

SWIMMING POOL AND SPA
Agreement with ICG No further reproduce.., no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED — se

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101338444
2021 International Swimming Pool and Spa Code"
Date of First Publication: October 30, 2020
First Printing: October 2020
Second Printing: June 2021
ISBN: 978-60983-973-4 (soft-cover edition)
ISBN: 978-1-955052-59-7 (PDF download)
COPYRIGHT © 2020
by
INTERNATIONAL CODE COUNCIL, INC.

ALL RIGHTS RESERVED. This 2021 International Swimming Pool and Spa Code® is a copyrighted work owned by the Inter- national Code Council, Inc. ("ICC"). Without separate written permission from the ICC, no part of this publication may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechan- ical means (by way of example, and not limitation, photocopying or recording by or in an information storage and/or retrieval system). For information on use rights and permissions, please contact: ICC Publications, 4051 Flossmoor Road, Country Club Hills, Illinois 60478. Phone: 1-888-ICC-SAFE (422-7233).

Trademarks: "International Code Council," the "International Code Council" logo, "ICC," the "ICC' logo, "International Swim- ming Pool and Spa Code," "ISPSC" and other names and trademarks appearing in this publication are registered trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission.

T026526 PRINTED IN THE USA
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101338444
Introduction
Development

PREFACE
The International Swimming Pool and Spa Code® (ISPSC°) establishes minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubs and aquatic facilities. This 2021 edition is fully compatible with all of the International Codes° (I -Codes®) published by the International Code Council (ICC°), including the International Building Code® (IBC°), International Energy Conservation Code® (IECC°), International Existing Building Code' (IEBC°), Inter- national Fire Code® (IFC®), International Fuel Gas Code® (IFGC®), International Green Construction Code® (IgCC®), International Mechanical Code® (IMC®), International Plumbing Code° (IPC°), Interna- tional Private Sewage Disposal Code® (IPSDC°), International Property Maintenance Code® (IPMC°), International Residential Code° (IRC®), International Wildland-Urban Interface Code' (IWUIC®), Inter- national Zoning Code° (IZC®), International Code Council Performance Code' (ICCPC®).

The I -Codes, including this ISPSC, are used in a variety of ways in both the public and private sec- tors. Most industry professionals are familiar with the I -Codes as the basis of laws and regulations in communities across the US and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including:
• Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance.
• The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions.
• Certification and credentialing of individuals involved in the fields of building design, construc- tion and safety.
• Certification of building and construction -related products. • US federal agencies, to guide construction in an array of government -owned properties. • Facilities management.
• "Best practices" benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism.
• College, university and professional school textbooks and curricula. • Reference works related to building design and construction.

This 2021 edition presents the code as originally issued, with changes as reflected in the 2015 and 2018 editions and further changes approved by the ICC Code Development Process through 2019. A new edition such as this is promulgated every 3 years.

This code is founded on principles intended to establish provisions consistent with the scope of a swimming pool and spa code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE°
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101338444
Maintenance
The ISPSC is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate.

The ICC Code Development Process reflects principles of openness, transparency, balance, due pro- cess and consensus, the principles embodied in OMB Circular A-119, which governs the federal gov- ernment's use of private -sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC's cloud -based app, cdpAc- cess®. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons.

Pool and Hot Tub Alliance (PHTA) [formerly The Association of Pool and Spa Professionals (APSP)]
• American Institute of Architects (AIA)
The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council -wide votes. The ICC's governmental members —public safety officials who have no financial or business interest in the outcome —cast the final votes on proposed changes.

While the I -Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of this code disclaim any liability resulting from the publi- cation or use of the I -Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code.

Code Development Committee Responsibilities
(Letter Designations in Front of Section Numbers)
In each code development cycle, code change proposals to this code are considered at the Committee Action Hearing by the International Swimming Pool and Spa Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed change. Code change proposals to sections of the code that are preceded by a bracketed letter desig- nation, such as [A], will be considered by a committee other than the Swimming Pool and Spa Code Development Committee. For example, proposed changes to Section [A] 102.1 will be considered by the Administrative Code Development Committee during the Committee Action Hearings in the 2022 (Group B) code development cycle.

The bracketed letter designations for committees responsible for portions of this code are as fol- lows:
[A] = Administrative Code Development Committee; and
[BS] = IBC —Structural Code Development Committee
For the development of the 2024 edition of the I -Codes, there will be two groups of code develop- ment committees and they will meet in separate years, as shown in the following Code Development Hearings Table. Note that these are tentative groupings.

Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because different com- iv 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE®
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101338444
mittees hold Committee Action Hearings in different years, proposals for this code will be heard by committees in both the 2021 (Group A) and the 2022 (Group B) code development cycles.

Note that every section of Chapter 1 of this code is designated as the responsibility of the Adminis- trative Code Development Committee, and that committee is part of the Group B portion of the code hearings. This committee will hold its code development hearings in 2022 to consider all code change proposals for Chapter 1 of this code and proposals for Chapter 1 of all I -Codes except the IECC, IRC and IgCC. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administra- tive Code Development Committee for consideration in 2022.

It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/current-code-development-cycle .

Newport Beach City CouncilNovember 15, 2022

Newport Beach City Council
November 15, 2022