shall be posted as determined by the City Manager. The
applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts o n 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 21-30
Ordinance No. 2025-_
before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administrative procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.
Section 15.02.100 Amendment to Section 105.5.
Section 105.5 is amended to read as follows:
21-31
Ordinance No. 2025-_
Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the date of the last recorded inspection. Before such work can be recommenced, the permit shall be first reissued, and the permittee shall pay a new permit fee. Except for instances where permits for suspended or abandoned work have had previous inspections recorded, the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original approved plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Permits shall not be renewed more than once.
The Building Official is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested minimum fifteen (15) days prior to the permit expiration in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee in addition to the required permit fees. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the City Council fee resolution. The payment of such investigation fee shall not exempt an applicant from compliance with all applicable provisions of either the codes or referenced standards or the technical codes nor from the penalty prescribed by law.
Section 15.02.120 Addition of Section 117.
Section 117 is added to read as follows:
Section 117 - Demolition of Entire Structure.
21-32
Ordinance No. 2025-
Section 117 .1 Notification . When an entire structure is to be demolished, notification by certified mail to adjacent owners is required at least thirty (30) days before demolition commences. Proof of notification is required prior to permit issuance. Unless determined otherwise by the Building Official.
Section 2: Chapter 15.03 (International Property Maintenance Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
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, 109.1, 109.1.4, 109.4, 109,7 and 109.8.
15.03.030 Amendment to Section 101 .1.
15.03.040 Amendment to Section 102.3.
15.03.045 Amendment to Section 302.4.
15.03.050 Amendment to Section 303.2.
Section 15.03.010 Adoption of the International Property Maintenance Code.
The City Council adopts and incorporates by reference, as set forth in full in this section, the 2024 International Property Maintenance Code, as published by the International Code Council.
The various parts of this code, along with the amendments and deletions adopted in this section, shall constitute and be known as the "Newport Beach Property Maintenance Code." A copy of the 2024 International Property Maintenance Code shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.03.020 Deletion of Chapter 1, Except Sections 101, 102,109.1, 109.1.4, 109.4, 109.7, and 109.8.
Section 15.03.020. Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 109.1, 109.1.4, 109.4, 109.7, and 109.8.
21-33
Ordinance No. 2025-
Section 15.03.030 Amendment to Section 101.1.
Section 101 .1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Newport Beach Property Maintenance Code, herein referred to as "this code."
Section 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable adopted codes. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of the Newport Beach Municipal Code.
Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth that create a fire hazard or are overgrown in a way that they obstruct the right of way, block visibility of pedestrians and drivers, or harbor rats, vermin, or insects. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses , annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner of agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with California Building Code Section 114.3 and as prescribed by the authority having jurisdiction.
Section 15.03.050 Amendment to Section 303.2.
Section 303.2 is amended to read as follows:
Section 303.2 Enclosures . Private swimming pools, hot tubs and spas or water features containing more than eighteen (18) inches of water depth shall comply with section 305.2 of the Newport Beach Residential Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach 21-34
Ordinance No. 2025-_
Building Code. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
Section 3: Chapter 15.04 (Building Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
15.04.080
15.04.090
15.04.100
15.04.110
15.04.120
15.04.130
15,04.140
15.04.150
Chapter 15.04
BUILDING CODE
Adoption of the California Building Code.
Amendment to Section 105.2.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Amendment to Section 903.2.
Amendment to Section 903.2.8.
Reserved.
Amendment to Table 1505.1.
Amendment to Section 1505.1.2.
Amendment to section 1612.3.
Amendment to Section 1704.2.1.
Reserved.
Section 15.04.010 Adoption of the California Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Building Code, Volumes 1 and 2, including Appendix I, and all national codes and standards referenced therein, based on the 2024 International Building Code, as published by the International Code Council.
The various parts of these codes and standards , along with the additions , amendments and deletions adopted in this section, shall constitute and be known as the "Newport Beach Building Code." A copy of the 2025 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection .
Section 15.04.020 Amendment to Section 105.2.
21-35
Ordinance No. 2025-_
Subsection 2 of the portion entitled "Building" in Section 105.2 is amended to read as follows:
2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above lowest adjacent grade and not within three (3) feet of the property line, and all other fences not over six (6) feet (1 ,828.8 mm) in height above lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled "Building" in Section 105.2 is amended to read as follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than eighteen (18) inches of water depth, do not exceed five thousand (5,000) gallons and are installed entirely above ground, unless otherwise required by other provisions of the code.
Section 15.04.030 Reserved .
Section 15.04.040 Reserved .
Section 15.04.050 Reserved .
Section 15.04.060 Reserved.
Section 15.04.070 Reserved.
Section 15.04.080 Amendment to Section 903.2.
Section 903.2 is amended to read as follows:
Section 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations:
1. New Buildings: Notwithstanding any applicable prov1s1ons of Sections 903.2.1 through 903.2.12, an automatic fire-extinguishing system shall be installed in all occupancies when the total building area exceeds five thousand (5,000) square feet (465 m2), unless more restrictive requirements are required by other provisions of this code. 21-36
Exceptions :
Ordinance No. 2025-
1. Group R occupancies. Group R occupancies shall comply with Section 903.2.8.
2. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than one (1) hour fire barriers constructed in accordance with Section 707 or not less than two (2) hours horizontal assemblies constructed in accordance with Section 711 , or both.
2. Existing Buildings : Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when any of the following conditions exists:
a) When an addition is fifty (50) percent or more of the existing building area and the resulting building area exceeds five thousand (5,000) square feet ( 465 m2),
b) When an addition is added, and the existing building is already provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of this code.
d) Where a tenant space in an existing building is required to be sprinklered due to the nature of occupancy use, the entire building shall be sprinklered unless other provisions of the code(s) are applied to create distinct separated buildings, subject to the fire code official and Building Official approval.
Exception: Group R occupancies. Group R occupancies shall comply with Section 903.2.8.
Section 15.04.090 Amendment to Section 903 .2.8.
21-37
Section 903.2.8 is amended to read as follows:
Ordinance No. 2025-
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a) When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds fifty (50) percent of the area of the existing structure.
b) An addition when the existing building is already provided with automatic fire sprinkler system.
c) As determined for new construction per Section 102.7.
Exceptions:
1. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
2. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
The Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved, subject to the fire code official approval.
Section 15.04.100 Reserved.
21-38
Ordinance No. 2025-_
Section 15.04.110 Amendment to Table 1505.1.
Table 1505.1 is amended to read as follows:
TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION a
IA IB IIA 11B IIIA IIIB IV VA VB
B B B B B B 8 B 8
aunless otherwise required in accordance with the California Wildland-Urban Interface Code or due to the location of the building within a fire district in accordance with Appendix D.
Section 15.04.120 Amendmen t to Section 1505.1.2. Section 1505.1.2 is amended to read as follows:
Section 1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urba n Interface (WUI). The entire roof covering of every existing structure where more than fifty (50) percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C fire classification.
Section 15.04.130 Amendment to Section 1612.3.
Section 1612.3 first paragraph is amended to read as follows:
Section 1612.3 Establishment of the Flood Hazard Areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for Newport Beach," dated March 21 , 2019, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared 21-39
to be part of this section.
Section 15.04.140 Amendment to Section 1704.2.1.
Section 1704.2.1 is amended to read as follows:
Ordinance No. 2025-_
Section 1704.2.1 Special Inspector Qualificat ions. The special inspector shall be a qualified person approved by the Building Official or his/her designated representative . The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Building Official in writing, noting all code violations and any variations from the approved plans and other information as required on forms prescribed or approved by the City.
Each person applying for listing/registration as a special inspector for the City shall possess a valid certification from a certifying agency approved by the Building Official, as a special inspector for each classification for which they apply. The Building Official may administer testing procedures which he/she may find appropriate.
Each person applying for registration, as a special inspector for the City, shall pay a registration fee as set forth in the resolution adopted by the City Council, payable with the application.
A registration card shall be issued to each such special inspector who qualifies. A renewal fee as set forth in the resolution adopted by the City Council for each classification shall be charged each year thereafter at which time the special inspector may be subject to re-examination.
The Building Official may, in writing, suspend or revoke any special inspector's certificate of registration for due cause. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of registration should not be revoked. Failure to appear at such hearing by the special inspector may result in immediate revocation of said certificates. Special inspector's qualification registrations are to be given only for special inspections required in Chapter 17 of the California Building Code or for work specifically authorized by the Building Official.
The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as the 21-40
Ordinance No. 2025-
approved agency and their personnel are permitted to act as the special inspector for the work designed by them, provided they are approved by the Building Official and qualify as special inspectors .
Section 15.04.150 Reserved.
Section 4: Chapter 15.05 (Residential Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows :
Sections:
15,05.010
15.05.020
15.05.030
15.05.040
15.05.050
15.05.060
15.05.070
15.05.080
15.05.090
15.05.100
15.05.110
15.05.120
15.05.130
15.05.140
15.05.150
15.05.160
15.05.170
15.05.180
15.05.190
15.05.200
15.05.210
15.05.220
15.05.230
15.05.240
15.05.250
15.05.260
Chapter 15.05
RESIDENTIAL
CODE
Adoption of the California Residential Code.
Amendment to Section R101.1.
Reserved .
Deletion of Sections R102 through R114.
Addition of Sections R115.
Deletion of Section R301.1 .1.1.
Amendm ent to Section R301.1.3.
Amendment to Table R301.2.
Amendment to Table R301.2 Footnote g.
Amendment to Section R301 .2.4.
Amendment to Section R317.3.
Reserved .
Reserved .
Reserved .
Reserved .
Reserved .
Reserved .
Deletion of Section R309.
Amendment to Section R308.1 .
Amendmen t to Section R306 with the Addition of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Reserved.
Reserved .
Addition to Section R341 .
Amendment to Section R401.4
Reserved .
Amendment to Section R405.1 .
21-41
Ordinance No. 2025-_
15.05.270 Reserved.
15.05.280 Reserved .
15.05.290 Amendment to Section R902.
Section 15.05.010 Adoption of the California Residential Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Residential Code, including Appendix BF, and all national codes and standa rds referenced therein, based on the 2024 International Residential Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions , amendments , and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Code. A copy of the 2025 California Residential Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(e)(1) and made available for public inspection .
Section 15.05.020 Amendment to Section R101.1.
Section R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of Newport Beach and shall be cited as such and will be referenced to herein as "this code." Section 15.05.030 Reserved .
Section 15.05.040 Deletion of Sections R102 through R114.
Sections R102 through R114 are deleted in their entirety. All administrative provisions including enforcement , permit process , fees, and inspections for these chapters a re contained in the Administrative Code under Chapter 15.02.
Section 15.05.050 Addition of Sections R115.
Section R115 is added to read as follows:
SECTION R115 - Existing Buildings
For existing One- and Two-family dwellings, the Existing Building Code as adopted under section 15.14 of the Newport Beach Municipal Code shall 21-42
be the applicable code.
Section 15.05.060 Deletion of Section R301.1.1.1.
Section 15.05.060 is amended to read as follows:
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301 .1.3 is amended to read as follows:
Ordinance No. 2025-
Section R301.1.3 Engineered Design. Where a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practices. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system.
Engineered design in accordance with the California Building Code is permitted for buildings and structures and parts thereof , included in the scope of this code.
R301.1.3.1 California Licensed Architect or Engineer. When any portion of any structure deviates from substantial compliance with conventional framing requirements for wood frame construction found in this code, the Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code Sections 5537 and 6737.1.
R301.1.3.2 Wood Frame Structures Greater than Two-Stories. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction of more than two stories in height or having a basement. Notwithstanding other sections o f l aw, the law establishing these provisions is found in California Business and Professions Code Sections 5537 and 6737.1.
21-43
Ordinance No. 2025-
R301.1.3.3 Structures other than Wood Frame. The Building Official shall require floor, wall or roof-ceiling structural elements in dwellings designed of cold formed steel, concrete, and masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code Sections 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Table R301.2 is amended by completing the table to read as follows:
TABLE R301 .. 2
CUMA TIC AND GEOGRAPHIC DESIGN CRJTERIA
GRO\JNO WIND DESIGN SO!IJECT TD DAIIA GE FRON ICE8ARR1£R AIR SNOW Speed'
I
T OpOgl'llphic Special Wlndl>ome
SEISMIC DESIGN UNDERLAYM81T Ft.000 FREEZIHO CAT£GDRY'
I
F .... , I HAZARDS' LDAO" (mpt,I olloct,;' wlndr.gion' d-zone" WYl!Mt1ng" tioe depC!t" Tennfte• REQIJIAED' INDEX' '""" 95 I NO NO NO 0.D , 0.,0l1E NEGLIGIBLE I NA IVERVHEAVV NO Uf-f.OOTP'l(),h 0 MANUAL J 0£SIGN CRITERIA'
Altitude Indoor winLer
IIIEANANNU
AlTE1ilP
8'J.7
C:Oincident Elcva1ion correction wet bulb design dry•bulh Indoor wini.,r design Outdoor winier design HC4ling temperature dif- fnaor' l<mpcn,lurc dt)4iulb tcmpcr.uurc dry-bulb 1empcnuurc Ference IOFEH I 0 67 10 70 43 30
Indoor summer Indoor summer Indoor summer design Ou1door summer desig11 L~litude Daily rnngc Jesign rclalivt dcsig11 rclauvc Cooling 1cmpen1urc dir- humidity humidity d') •bulb t<mpcrnrure Jry-hulh ternpcrature l~rcnce 33608 12 50 50 75 8t) 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 (Fl RM) dated March 21 , 2019; Flood Insurance Study (FIS Profile) effective date of revision: March 21, 2019; Community number: 060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381 , 382,384, 401, 402, 403, 404, 406 and 408; Suffix "K"; Initial NFIP map date: March 15,1974; and Initial FIRM date:
September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain Construction . Buildings and structures constructed in whole or in part in flood hazard areas as established in 21-44
Ordinance No. 2025-
Table R301.2, and substantial improvement and repair of substantial damage of buildings and structures located in whole or in part in flood hazard areas, shall be designed and constructed in accordance with Chapter 15.50, Floodplain Management, and Section R306. Buildings and structures that are located in more than one flood hazard area, including A Zones, Coastal A Zones and V Zones, shall comply with the provisions associated with the most restrictive flood hazard area.
Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate Provisions. As an alternate to the requirements in Section R306 and Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein.
Section 15.05.110 Amendment to Section R317.3.
Section R317.3 is amended to read as follows:
Section R317.3 Flood Hazard Areas. Garages and carports located in flood hazard areas as established by Table R301.2, shall be constructed in accordance with Section 306R306 and Chapter 15.50, Floodplain Management.
Section 15.05.120 Reserved.
Section 15.05.130 Reserved.
Section 15.05.140 Reserved.
Section 15.05.150 Reserved.
Section 15.05.160 Reserved.
Section 15.05.170 Reserved.
Section 15.05.180 Deletion of Section R309.
Section 15.05.180 is amended to read as follows:
Section R309 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.090.
21-45
Section 15.05.190 Amendment to Section R308.1.
Section R308.1 is amended to read as follows:
Ordinance No. 2025-
Section R308.1 Address Identification . Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting t he property, and alley if adjacent to the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than four ( 4) inches (102 mm) in height with a stroke width of not less than 0.5 inch (12. 7 mm).
Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
Section 15.05.200 Amendment to Section R306 with the Addition of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section 15.05.200 is amended to read as follows:
Section R306 is amended to include Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section 15.05.210 Reserved .
Section 15.05.220 Reserved.
Section 15.05.230 Addition of Section R341.
Section R341 is added to read as follows:
SECTION R341 • SOUND TRANSMISSION
R341.1 General. Wall and floor-ceiling assemblies separating dwelling units including those separating adjacent townhouse units shall provide air-borne sound insulation for walls and both air-borne and impact sound insulation for floor-ceiling assemblies per Section 1206 of the 2025 California Building Code, Title 24, Part 2.
21-46
Section 15.05.240 Amendment to Section R401.4.
Section 15.05.240 is amended to read as follows:
Ordinance No. 2025-_
Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations .
Section 15.05.250 Reserved .
Section 15.05.260 Amendment to Section R405.1.
Section R405.1 is amended by adding Exceptions to read as follows:
Exceptions :
1. A drainage system is not required when the foundation is installed on well- drained ground or sand-gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1.
2 A foundation drainage system is not permitted for basement walls extending below high tide of the Newport Bay water elevation.
Section 15.05.270 Reserved .
Section 15.05.280 Reserved.
Section 15.05.290 Amendment to Section R902.
Section 15.05.290 is amended to read as follows:
Section R902 is deleted in its entirety and replaced by California Building Code Section 1 505 as amended in Newport Beach Municipal Code Sections 15.04.110 through 15.04.120.
Section 5: Chapter 15.06 (Electrical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.06
ELECTRICAL
CODE
21-47
Sections :
Ordinance No. 2025-_
15.06.010 Adoption of the California Electrical Code.
15.06.020 Reserved.
15.06.030 Reserved.
15.06.040 Amendment to Article 358.1 0(A).
15.06.050 Amendment to Article 358.10(8) .
Section 15.06.010 Adoption of the California Electrical Code .
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Electrical Code based on the 2023 National Electrical Code, as published by the National Fire Protection Association .
The various parts of this code shall constitute and be known as the "Newport Beach Electrical Code." A copy of the 2025 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Reserved.
Section 15.06.030 Reserved .
Section 15.06.040 Amendment to Article 358.1 0(A).
Article 358.1 0(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 358.1 0(B)
Article 358.10(8)(1) and (8)(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 21-48
the condition.
Ordinance No. 2025-_
(2) Supplementary Protection of Aluminum EMT. Aluminum
EMT shall be provided with approved supplementary corrosion protection where encased in concrete.
Section 6: Chapter 15.07 (Mechanical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows :
Sections:
15.07.010
15.07.020
15.07.030
Chapter 15.07
MECHANICAL CODE
Adoption of California Mechanical Code.
Addition of Section 103.5.
Amendment of Section 107 .1.
Section 15.07.010 Adoption of California Mechanical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Mechanical Code, based on the 2024 Uniform Mechanical Code, by the International Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the "Newport Beach Mechanical Code.'' A copy of the 2025 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942( e )( 1) a nd made available for public inspection. All administrative provisions including enforcement. permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
Section 103.5 Modifications . Whenever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen 21-49
Ordinance No. 2025-
health. accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division.
Section 15.07.030 Amendment of Section 107.1.
Section 107 .1 is amended in its entirety to read as follows:
Section 107.1 Appeals . Appeals of the Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals.
Section 7: Chapter 15.08 (Plumbing Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.08
PLUMBING
CODE
15.08.010 Adoption of California Plumbing Code.
15.08.020 Addition of Section 103.5.
15.08.030 Amendment of Section 107.1.
Section 15.08.010 Adoption of California Plumbing Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.
The various parts of this code shall constitute and be known as the "Newport Beach Plumbing Code." A copy of the 2025 California Plumbing Code, including Appendix Chapter A a nd C , printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942( e )( 1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
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Ordinance No. 2025-_
Section 103.5 Modifications . Whenever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
Section 107 .1 is amended in its entirety to read as follows:
Section 107 .1 Appeals . Appeals of the Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter 15.80, Building and Fire Board of Appeals.
Section 8: Chapter 15.09 (International Swimming Pool and Spa Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 15.09
INTERNATIONAL SWIMMING POOL AND SPA CODE
15.09.010
15.09.020
15.09.030
15.09.040
15.09.050
15.09.060
15.09.070
15.09.080
15.09.090
15.09.100
15.09.110
15.09.120
15.09.130
Adoption of the International Pool and Spa Code.
Amendment to Section 101.1.
Amendment to Section 101.2.
Deletion of Sections 102 through 114.
Amendment to Section 201.3.
Amendment and Addition to Section 202.
Amendment to Section 301.
Amendment to Section 302.1.
Amendment to Section 302.2.
Amendment to Section 302.5.
Amendment to Section 302.6.
Amendment to Section 303.1.
Deletion of Sections 303.1.1 through 303.3.
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15.09.140
15.09.150
15.09.160
15.09.170
15.09.180
15.09.190
15.09.200
15.09.210
15.09.220
15.09.230
15.09.240
15.09.250
15.09.260
15.09.270
15.09.280
15.09.290
15.09.300
15.09.305
15.09.310
15.09.320
15.09.330
15.09.340
15.09.350
15.09.360
15.09.370
15.09.380
15.09.390
15.09.400
15.09.410
15.09.420
15.09.430
15.09.440
15.09.450
15.09.460
15.09.470
15.09.480
Ordinance No. 2025 -
Deletion and Replacement of Section 304.2.
Amendment to Section 305 .1 .
Rename and Amendment to Section 305.2 .
Amendment to Section 305 .2.1 Item 1.
Deletion and rename Section 305 .2.4.1.
Deletion and rename Section 305 .2.5.
Amendment to Section 305 .3.3
Amendment to Section 305.4 .
Amendment to Section 305 .5 Items 1 and 2.
Amendment to Section 306. 1 .
Amendment to Section 306.4 .
Amendment to Table 306.5 .
Amendment to Section 306.9.1.
Amendment to Section 307.1. 1.
Amendment to Section 307 .1.4.
Amendment to Section 307 .1.5.
Amendment to Section 307 .2.2.
Amendment to Section 311.1 Exception #2
Amendment to Section 317.4 .
Amendment to Section 317.6.1 .
Amendment to Section 319.2.
Amendment to Section 321.1.
Deletion of Sections 321 .2 and 321.3.
Amendment to Section 322.
Deletion and rename Chapter 4.
Deletion and rename Chapter 5.
Deletion and rename Chapter 6.
Amendment to Section 703 .1.
Amendment to Section 802.1 .
Amendment to Section 802 .2.
Amendment to Section 901 .2.
Add Section 903 .
Add Section 904.
Add Section 905 .
Add Section 906.
Add Section 907 .
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2024 Edition of the International Swimming Pool and Spa Code and all 21-52
Ordinance No. 2025-
national codes and standards referenced therein as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the "Newport Beach Residential Swimming Pool and Spa Code." A copy of the 2024 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.09.020 Amendment to Section 101.1.
Section 101 .1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential Swimming Pool and Spa Code of Newport Beach and shall be cited as such and will be referenced to herein as "this code."
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of residential pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 114.
Section 15.09.040 is amended to read as follows:
Sections 102 through 114 are Deleted in their Entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Newport Beach Municipal Code under Chapter 15.02, Administrative Code.
Section 15.09.050 Amendment to Section 201.3.
Section 201 .3 is amended to read as follows:
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Ordinance No. 2025-
Section 201.3 Terms Defined in other Codes. Where terms are not defined in this code and are defined in the California Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code or California Residential Code, such terms shall have the meanings ascribed to them as in those codes.
Section 15.09.060 Amendment and Addition to Section 202.
Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL definitions are amended to add PRIVATE POOL and SWIMMING POOL OR SPA definitions to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any
constructed pool, permanent or portable, that is intended for noncommercial use as a swimming pool by not more than three owner families and their guest.
PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private pool.
PRIVATE POOL. See Residential Pool.
SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over eighteen (18) inches deep. "Swimming pool" includes in- ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
Section 15.09.070 Amendment to Section 301.
Section 301 is amended to read as follows:
Section 301.1 Scope. The provisions of this chapter shall govern the general design and construction of residential pools and spas and related piping, equipment, and materials. Provisions that are unique to a specific type of residential pool or spa are located in Chapters 7 through 10.
Section 301.1.1 Application of Chapters 7 through 10. Where difference occur between the provisions of this chapter and the provisions 21-54
Ordinance No. 2025-_
of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall apply.
Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, this code, the Newport Beach, or the Newport Beach Residential Code, the Building Official shall implement the most restrictive measures cited.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical. Electrical requirements shall comply with California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water Service and Drainage. Piping and fittings used for water service. makeup and drainage piping for pools and spas shall comply with the California Plumbing Code. Fittings shall be approved for installation with the piping installed.
Section 15.09.100 Amendment to Section 302.5.
Section 302.5 is amended to read as follows:
Section 302.5 Backflow Protection . Water supplies for pools and spas shall be protected against backflow in accordance with the California Plumbing Code.
Section 15.09.110 Amendment to Section 302.6.
Section 302.6 is amended to read as follows:
Section 302.6 Wastewater Discharge . Where wastewater from pools or spas, such as backwash water from filters discharge to a building drainage system, the connection shall be through an air gap in accordance with the California Plumbing Code.
21-55
Section 15.09.120 Amendment to Section 303.1.
Section 303.1 is amended to read as follows:
Ordinance No. 2025-
Section 303.1 Energy Consumption of Pools and Permanent Spas.
The energy consumption of pools and permanent spas shall comply with the California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Section 15.09.130 is amended to read as follows:
Sections 303.1.1 through 303.3 are deleted in their entirety.
Section 15.09.140 Deletion and Replacement of Section 304.2.
Section 304.2 is deleted in its entirety and replaced as follows:
Section 304.2 Floodplain Construction . Pools and spas constructed in special flood hazard areas shall comply with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section 15.09.150 Amendment to Section 305.1.
Section 305.1 is amended to read as follows:
Section 305.1 General. The provisions of this section shall apply to the design of barriers for restricting the public from entry into areas having pools and spas.
Section 15.09.160 Rename and Amendment to Section 305.2.
Section 305.2 is renamed and amended to read as follows:
Section 305.2 Swimming Pools and Spas. Pools and spas shall be surrounded by a permanent barrier that complies with Sections 305.2.1 through the end of Section 305. In addition, two drowning prevention safety features are required and must comply with Section 3109.2 of the California Building Code.
Section 15.09.170 Amendment to Section 305.2.1 Item 1.
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Section 305.2.1 Item 1 is amended to read as follows:
Ordinance No. 2025-
1. The top of the barrier shall be not less than sixty (60) inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of three (3) feet measured horizontally from the outside of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4.1.
Section 305.2.4.1 is deleted in its entirety and renamed to read as follows:
Section 305.2.4.1 Reserved.
Section 15.09.190 Deletion and rename Section 305.2.5
Section 305.2.5 Reserved.
Section 15.09.200 Amendment to Section 305.3.3 .
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latch Release. Where the door or gate latch release mechanism of the self-latching device is located less than sixty (60) inches from grade, the release mechanism shall be located on the pool or spa side of the gate not less than three (3) inches below the top of the gate, and the gate and barrier shall not have openings greater than 1 /2 inch within eighteen (18) inches of the release mechanism.
Section 15.09.210 Amendment to Section 305.4.
Section 305.4 is amended to read as follows:
Where a wall of a dwelling or structure serves as part of the barrier and where doors, gates or windows provide direct access to the pool or spa through that wall, one of the following shall be required. Any of the items listed below may be counted as one of the required drowning prevention safety features, provided they comply with Section 3109.2 of the California Building Code.
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Ordinance No. 2025-
Section 15.09.220 Amendment to Section 305.5 Items 1 and 2.
Section 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than sixty (60) inches above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than sixty (60) inches above grade for the e ntire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the California Residential Code or the California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck Steps Handrail Required. Pool and spa deck steps having three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
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TABLE306.5
Ordinance No. 2025-_
MINIMUM DRAINAGE SLOPES FOR DECK SURFACES
SURFACE MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
~
l
"")
Exposed aggrega1q l
•
Textured. band-finished cooetttc I
I
Tmvcrt.inc'brick-~t pavcn. public pools or spas J
' Trn,·crtinc brick-~t pav~. residential pool~ or spas I ' Wood I
I
Wood plastic cotu~irc I
l
For SI: I inch= 15.4 mm.. I foot= 3~.8 mm.
Section 15.09.260 Amendment to Section 306.9.1.
Section 306.9.1 is amended to read as follows:
Section 306.9.1 Hose Bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the California Plumbing Code.
Section 15.09.270 Amendmen t to Section 307.1.1.
Section 307 .1.1 is amended to read as follows:
Section 307.1.1 Glazing in Hazardous Locations . Hazardous locations for glazing shall be as defined in the California Building Code or the California Residential Code, as applicable. Where glazing is determined to be in a hazardous location, the requirements for the glazing shall be in accordance with those codes, as applicable.
Section 15.09.280 Amendment to Section 307.1.4.
Section 307 .1.4 is amended to read as follows:
Section 307 .1.4 Roofs or Canopies . Roofs or canopies over pools and spas shall be in accordance with the California Building Code or California Residential Code, as applicable, and shall be constructed so as to prevent water runoff into the pool or spa.
Section 15.09.290 Amendment to Section 307 .1.5.
Section 307.1.5 is amended to read as follows:
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Ordinance No. 2025-_
Section 307 .1.5 Accessibility . An accessible route to pools and spas of new common use areas serving covered multi-family dwellings shall be provided in accordance with the Chapter 11 A of California Building Code.
Accessibility within pools and spas shall be provided as required by Chapter 11 A of California Building Code.
Section 15.09.300 Amendment to Section 307 .2.2.
Section 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and Structural Design . Pools and spas shall conform to one or more of the standards indicated in Table 307.2.2. The structural design of pools and spas shall be in accordance with the California Building Code or the California Residential Code.
Section 15.09.305 Amendment to Section 311.1 Exception #2.
Section 311 .1 Exception #2 is amended to read as follows:
2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate one hundred (100) percent of the circulations system flow rate.
Section 15.09.310 Amendment to Section 317.4.
Section 317 .4 is amended to read as follows:
Section 317.4 Installation . Heaters shall be installed in accordance with the manufacturer's specifications and the California Plumbing Code, California Mechanical Code, California Energy Code, California Electrical Code, as applicable. Solar thermal water heaters shall be installed in accordance with Section 316.6.
Section 15.09.320 Amendment to Section 317.6.1.
Section 317.6.1 is amended to read as follows:
Section 317.6.1 Installation . Solar thermal water heaters shall be installed in accordance with the California Mechanical Code. 21-60
Section 15.09.330 Amendment to Section 319.2.
Section 319.2 is amended to read as follows:
Ordinance No. 2025-
Section 319.2 Protection of Potable Water Supply. Potable water supply systems shall be designed, installed and maintained so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or other piping connections to the system. Means of protection against backflow in the potable water supply shall be provided through an air gap complying with ASME A 112.1.2 or by a backflow prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 321.1.
Section 321.1 is amended to read as follows:
Section 321.1 Backwash Water or Draining Water. Wastewater from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into a n approved type of receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least six (6) inches above the Design Flood Elevation indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency's Flood Insurance Rate Map. Direct connections shall not be made between the end of the backwash line and the disposal system. Drains shall discharge through an air gap.
Section 15.09.350 Deletion of Sections 321.2 and 321.3.
Section 15.09.350 is amended to read as follows:
Sections 321.2 and 321.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 322.
Section 322 is deleted in its entirety and replace with the following:
Section 322.1 General. The provision of Section 322.2 shall apply to lighting for residential pools and spas.
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Ordinance No. 2025-
Section 322.2 Residential Pool and Deck Illumination . Where lighting is installed for, and in, residential pools and permanent residential spas, such lighting shall be installed in accordance with California Electrical Code.
Section 15.09.370 Deletion and Rename of Chapter 4.
Chapter 4 is deleted in its entirety and renamed to read as follows:
Chapter 4 Reserved.
Section 15.09.380 Deletion and Rename of Chapter 5.
Chapter 5 is deleted in its entirety and renamed to read as follows:
Chapter 5 Reserved.
Section 15.09.390 Deletion and Rename of Chapter 6.
Chapter 6 is deleted in its entirety and renamed to read as follows:
Chapter 6 Reserved.
Section 15.09.400 Amendment to Section 703.1.
Section 703.1 is amended to read as follows:
Section 703.1 General. Decks provided by the pool manufacturer shall be installed in accordance with the manufacturer's instructions. Decks fabricated on-site shall be in accordance with the California Residential Code.
Section 15.09.410 Amendment to Section 802.1.
Section 802.1 is amended to read as follows:
Section 802.1 Materials of Components and Accessories . The materials of components and accessories used for permanent inground residential swimming pools shall be suitable for the environment in which they are installed. The materials shall be capable of fulfilling the design, installation and the intended use requirements in the California 21-62
Residential Code.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Ordinance No. 2025-
Section 802.2 Structural Design. The structural design and materials shall be in accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901 .2.
Section 901.2 is amended to read as follows:
Section 901.2 General. In addition to the requirements of this chapter, residential spas and residential exercise spas shall comply with the requirements of Chapter 3.
Section 15.09.440 Add Section 903.
Section 903 is added as follows:
Section 903 MATERIALS.
903.1 Pumps and Motors. Pumps and motors shall be listed and labeled for use in spas.
Section 15.09.450 Add Section 904.
Section 904 is added as follows:
Section 904 STRUCTURE AND DESIGN
904.1 Water Depth. The maximum water depth for spas shall be four (4) feet measured from the design waterline. The water depth for exercise spas shall not exceed six (6) feet, six (6) inches measured from the design waterline.
904.2 Multilevel Seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be twenty (28) inches measured from the design waterline to the lowest measurable point.
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Ordinance No. 2025-
904.3 Floor Slope. The slope of the floor shall not exceed one (1) unit vertical in twelve (12) units horizontal (8.3-percent slope). Where multilevel floors are provided, the change in depth shall be indicated.
Section 15.09.460 Add Section 905.
Section 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 Return Fittings. Return fittings shall be provided and arranged to facilitate a uniform circulation of water and maintain a uniform sanitizer residual throughout the entire spa or exercise spa.
905.2 Suction Fittings. Suction fittings shall be in accordance with Sections 905.2.1 through 905.2.4.
905.2.1 Testing and Certification . Suction fittings shall be listed and labeled in accordance with APSP 16.
905.2.2 Installation. Suction fittings shall be sized and installed in accordance with the manufacturer's specifications.
Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose.
905.2.3 Outlets Per Pump. Suction fittings shall be provided in accordance with Section 310.
905.2.4 Submerged Vacuum Fittings. Submerged vacuum
fittings shall be in accordance with Section 310.
Section 15.09.470 Add Section 906.
Section 906 is added as follows:
Section 906 HEATER AND TEMPERATURE REQUIREMENTS
906.1 General. This section pertains to fuel-fired and electric appliances used for heating spa or exercise spa water.
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Ordinance No. 2025-
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:
Chapter 15.11
GREEN BUILDING STANDARDS CODE
Section:
15.11 .010 Adoption of the California Green Standards .
Section 15.11.01 O Adoption of the California Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Green Building Standards Code . 21-65
Ordinance No. 2025-_
The various parts of this code, along with the amendments and deletions adopted in this section, shall constitute and be known as the "Newport Beach Green Standards Code." A copy of the 2025 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 10: Chapter 15.13 ( Historical Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Chapter 15.13 HISTORICAL
BUILDING CODE
Section:
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code .
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Historical Building Code, 24 CCR Part 8 and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the "Newport Beach Historical Building Code." A copy of the 2025 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 11: Chapter 15.14 (Existing Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of California Existing Building Code.
Section 15.14.010 Adoption of the California Existing Building Code .
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Existing Building Code, 14 CCR Part 10, Appendix A, Chapters A-1 , A-2 and A-3, and all national codes and standards referenced 21-66
Ordinance No. 2025-_
therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the "Newport Beach Existing Building Code." A copy of the 2025 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942( e )( 1) and made available for public inspection.
Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Section:
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
Section 15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Energy Code, 24 CCR and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the "Newport Beach Energy Code." A copy of the 2025 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 13: Portions of Chapter 15.50 (Floodplain Management) of the Newport Beach Municipal Code are amended as follows:
Section 15.50.050 Amendment to Section 15.50.050 Definitions .
Section 15.50.050 is hereby amended to modify the following definition:
"Substantial Improvement" Any one or more or any combination of repair reconstruction , rehabilitation, alteration, addition or other improvement of a building or structure taking place during a ten (10) year period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. For 21-67
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each building or structure, the ten (10) year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to December 31, 2025. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1 . Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by a Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure; provided that the alteration will not preclude the structure's continued designation as a historic structure.
Section 15.50.130 Amendment to 15.50.130 Designation of the Floodplain Administrator.
Section 15.50.130 is amended to read as follows:
The City Manager or their designated representative is hereby appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The Floodplain Administrator shall also:
A. Take action to remedy violations of this chapter;
B. Complete and submit a biennial report to Federal Emergency Management Agency; and
C. Assure the community's General Plan is consistent with floodplain management objectives.
Section 15.50.135 Amendment to 15.50.135 Permit Review.
Section 15.50.135 is amended to read as follows:
The Floodplain Administrator or their designated representative shall review all development permits to determine:
A. Permit requirements of this c hapter have been satisfied, including 21-68
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determination of substantial improvement and substantial damage of existing structures;
B. All other required state and federal permits have been obtained; C. The site is reasonably safe from flooding;
D. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point; and
E. All Letters of Map Revisions for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision. Approved Conditional Letters of Map Revision allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
Section 15.50.140 Amendment to 15.50.140 Review, Use of Other Base Flood Data.
Section 15.50.140 is amended to read as follows:
When base flood elevation data has not been provided in accordance with Section 15.50.070, the Floodplain Administrator, or their designated representative, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.50.200 through 15.50.250.
Section 15.50.145 Amendment to 15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
Section 15.50.145 is amended to read as follows:
The Floodplain Administrator shall:
A. Answer to questions about substantially damaged buildings, develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage to include 21-69
defining "current value of the structure."
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B. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
Section 15.50.160 Amendment to 15.50.160 Notification of Other Agencies .
Section 15.50.160 is amended to read as follows:
A. Alteration or Relocation of a Watercourse. The Floodplain Administrator or their designated representative shall:
1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
2. Submit evidence of such notification to the Federal Emergency Management Agency;
3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
B. Base Flood Elevation Changes Due to Physical Alterations. The Floodplain Administrator or their designated representative shall:
1 . Within six months of information becoming available or project completion, whichever comes first, submit or assure that the permit applicant submits technical or scientific data to Federal Emergency Management Agency for a Letter of Map Revision ("LOMR").
2. Verify all LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision ("CLOMRs").
Approved CLOMRs a llow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
C. Changes in Corporate Boundaries. The F loodplain Administrator or their designated representative shall notify Federal Emergency Management Agency in writing whenever the corporate boundaries 21-70
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have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
Section 15.50.180 Amendment to 15.50.180 Appeals and Variance Procedure .
Section 15.50.180 is amended to read as follows:
A. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator, in the enforcement or administration of this chapter.
B. The Planning Commission shall review and decide requests for variances. In ruling on such applications, the Planning Commission shall consider all technical evaluations, all relevant factors , standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront l ocation, 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 21-71
and emergency vehicles;
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10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges.
C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in this chapter have been fully considered. As lot size increases beyond one-half acre, the technical justification r equired for issuing the variance increases.
D. Upon consideration of the factors set forth in Section 15.50.190 and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E. Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Planning Commission under this chapter as provided in Title 20.
F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency in the biennial report.
Section 15.50.220 Amendment to 15.50.220 Standards for Development and Subdivisions.
Section 15.50.220 is amended to read as follows:
A. All preliminary development and subdivision proposals shall identify the flood hazard area and elevation of the base flood.
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8. All final development and subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
C. All development and subdivision proposals shall be consistent with the need to minimize flood damage.
D. All development and subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.
E. All development and subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
F. A development permit shall be obtained before any construction begins on a development or a subdivision, including manufactured homes, within any area of special flood hazards established in Section
15.50.070. Application for a development permit shall be made on forms furnished by the City Manager or their designated representative and shall include but not be limited to: plans in duplicate, drawn to scale showing: the location, dimensions, and elevations of each existing or proposed structure within the development or subdivision; existing and proposed grades, and drainage facilities. Specifically, the following information is required:
1. Proposed locations of water supply, sanitary sewer, and other utilities;
2. Location of the regulatory floodway when applicable;
3. Base flood elevation information as specified in Section
15.50.070;
4. Proposed elevation, in relation to North American Vertical Datum of 1988 ("NAVO"), as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures;
5. Proposed elevation, in relation to NAVO, of the lowest floor 21-73
(including basement) of all structures;
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6. Proposed elevation, in relation to NAVO, to which any nonresidential structure will be flood-proofed, as required under Section 15.50.200(C)(2) and detailed in Federal Emergency Management Agency Technical Bulletin TB 3-93, which Bulletin is incorporated herein by this reference as though fully set forth;
7. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.50.200(C)(2)(c);
8. All appropriate certifications listed in Section 15.50.150;
9. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;
10. Plans for any walls to be used to enclose space below the base flood level; and
11 . Provide certification that all necessary permits have been obtained from Federal, State, and local governmental agencies from which prior approval is required.
NOTE: It is the developer's responsibility to obtain these approvals.
G. The Floodplain Administrator shall:
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Review the developer's certification that all other required State and Federal permits have been obtained;
3. Review all development permits to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated;
4. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed 21-74
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development alters sand dunes so as to increase potential flood damage;
5. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; and
6. Take action to remedy violations of this chapter.
Section 14: Except as expressly modified herein, all other provisions, terms and sections set forth in Title 15 shall remain unchanged and shall be in full force and effect.
Section 15: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance .
Section 16: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance . The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. In the event that any part of this ordinance is found to be invalid or unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert to the version that was in effect immediately prior to the adoption of this ordinance .
Section 17: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the ordinance will not result in a reasonably foreseeable physical change to the environment.
The proposed action is also exempt from the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This ordinance itself does not authorize development that would directly result in physical change to the environment.
Section 18: Except as expressly modified in this ordinance , all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 21-75
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Section 19: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance and the City Clerk shall cause the same to be published pursuant to City Charter Section 414 and California Government Code Section 50022 .1 et seq. This ordinance shall take effect on January 1, 2026, pursuant to California Health and Safety Code Sections 17958 and 18941.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of September 2025, and adopted on the 23rd day of September 2025, by the following vote, to-wit:
AYES: ----- ----- ---------- ---
NAYS: ------ --- - ----- - ---- - --
ABSENT: - ----- --------------- -
Joe Stapleton, Mayor
ATTEST :
Molly Perry, Interim City Clerk
afoc . Harp, City Att6mey
At
tachment C
Redline Version California Building Standards Code Amendments
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Section 1: C ha pter 15.02 (Administrative Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
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 Addition of Section 102.7.
15.02.070 Amendment to Section 103.1.
15.02.080 Amendment to Section 105.2.
15.02.085 Addition of Section 105.3.1.1.
15.02.090 Amendment to Section 105.3.2.
15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
15.02.100 Amendment to Section 105.5.
15.02.110 Amendment to Section 109.4.
15.02.120 Addition of Section 117.
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 Reserved.
15.02.040 Amendment to Section 101.4.4.
15.02.050 Amendment to Section 102.6.
15.02.060 Addition of Section 102.7.
15.02.070 Amendment to Section 103.1.
15.02.080 Amendment to Section 105.2.
15.02.085 Addition of Section 105.3.1.1.
15.02.090 Amendment to Section 105.3.2.
15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
15.02.100 Amendment to Section 105.5.
15.02.110 Amendment to Section 109.4.
15.02.120 Addition of Section 117.
Section 15.02.010 Adoption of the Administrative Code.
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The
City Council adopts and incorporates by reference, as though set forth in full in this section Chapter 1, Division II of the 20222025 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 20222025 California Building Code printed in code book form sh all 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 101.4.3Reserved.
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.
Section 101.4.4 is amended to read as follows:
Section 101.4.4 Property maintenanceMaintenance. The provisions of the 20212024 International Property Maintenance Code shall be adopted as the Newport Beach Property Maintenance Code and shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
Se
ction 15.02.050 Amendment to Section 102.6.
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Section 102.6 is amended to read as follows:
Se
ction 102.6 Existing structuresStructures. 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 AddedAddition of Section 102.7.
Section 102.7 is added to read as follows:
Section 102.7 Remodel or renovationRenovation. If the valuation of the permit for the remodel or renovation of a building is equal to or exceeds fifty (50) percent of the market value of such building, then th e entire building shall comply with the Code provisions for new construction.
Exc
eptions:
1. This provision does not apply for permit valuations less than $320,700;350,000.
2. 2. The Chief Building Official is authorized to accept less than t he requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained.
3. This provision shall not apply to projects that meet the criteria set forth in Newport Beach Municipal Code Section 20.38.060(A)(3) and are not located in a Special Flood Hazard Area per the latest revision of the Federal Insurance Rate Map.
Section 15.02.070 Amendment to Section 103.1.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of enforcement agency. Enforcement Agency. The Building Division is hereby created and the offic ial in charge 21-79
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thereof shall be known as the Ch ief Building Official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
Section 15.02.080 Amendment to Section 105.2.
Subsection 2 of the portion entitled “Building” in Section 105.2 is amended to read as follows:
2. 2. M asonry or concrete fences not over 3.5 feet ( 10661,066.8 mm) high above lowest adjacent grade and not within 3 feet of the property line, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled “Building” in Section 105.2 is amended to read as follows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3 occupancy, or water features, containing less than 1 8 inches of
water depth, do not exceed 5,000 gallons and are installed entirely above ground; unless otherwise required by other provisions of the code.
Section 15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and Demolition permits.Waste Permits. Prior to issuance of a bu ilding permit for construction having a valuation over $100,000 or a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprisehauler shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit and fees, set by Resolutionresolution of the City Council, shall be paid at the time of submitting the building or demolition permit application and the Construction and Demolition ContractorWaste 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 construction or demolition project, upon the submittal of 21-80
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documentation that a franchised solid waste en terprisehauler was used to handle, remove and dispose of all demolition wastes. The demolitionconstruction and demolition waste. Claims for refund of the permit deposit, that qualify, must be six (6) months from the date the permit receives a final status from the Building Division. The permit deposit shall be forfeited in its entirety if athe identified franchised solid waste enterprisehauler is not used to handle, remove and dispose of all demolition wastesconstruction and demolition waste or a request for refund is not submitted within the time set forth herein.
If the Building Official finds that the work described in an application for a bui
lding or demolition permit and the plans, specifications and o ther data filed therewith conform to the requirements of this Codecode 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 enterprisehauler is being used, the building officialBuilding Official shall issue a permit thereforetherefor to the applicant. Prior to any construction or demolition activities authorized by the permit, the permittee shall notify the Public Works DepartmentCommunity Development Department’s Code Enforcement Division no less than twenty-four (24) hours or more than seventy-two (72) hours in advance of its intent to commence construction or demolition and provide the name of the franchised solid waste enterprisehauler that will conduct haul and dispose of the construction and demolition activitieswaste. Any hauling or disposal of demolition and construction wasteswaste by other than the identified franchised solid waste enterprisehauler shall subject the project to suspension of work as authorized in this codeCode and subject the deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building Official, the Building Official may extend the deadlines set forth in this section.
Section 15.02.090 Amendment to Section 105.3.2.
Section 105.3.2 is amended to read as follows:
Section 105.3.2 Time limitationLimitation of applicationApplication.
An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty ( 180) days after the date of 21-81
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filing, unless such application has been pursued in good faith or a permit ha
s been issued; except that the Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.
Section 15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limitLimit on permitted
constructionPermitted 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.
For building permits issued on or after June 1, 2019,
theThe 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 limitTime Limit to complete constructionComplete Construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:
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1. 1. Application for Extension to Building Official.
a) 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 threeone hundred and sixty-five (365eighty (180) calendar days; (v) how many previous extensions have been granted; (vi) the basiscriteria that establish the cause(s) of delay and the reason for the requested extension request; (vii) the new end project date if the application is approveda comprehensive completion schedule ; (viii) a brief description of the improvements that are the subject of the application; and (ix(ix) past complaints and enforcement history; and (x ) any other information requested by the City.
b) 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 scheduleby a fee adopted by resolution of the City Council.
c) 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 threeone hundred sixty-five (365eighty (180 ) calendar days with a maximum of two extensions being granted by the Building Official under this subsection. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non-appealable.
2. 2. Application for Additional Extension(s).
a) a) If construction of the project has not been completed within the 21-83
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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 basiscriteria that establishes the cause(s) of delay and the reason for the requested extension request; (vii) the new end project date if the application is approveda comprehensive completion schedule ; (viii) a brief description of the improvements that are the subject of the application; and (ix(ix) past complaints and enforcement history; and (x) any other information requested by the City.
b) 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) 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 scheduleadopted by resolution of the City Council.
3. 3. Scheduling and Noticing.
a) a) For an application for an additional extension set for th in subsection (2),, a Hearing Officer, designated by the City Manager, shall hear and decide whether a secondthird
application for extension, or thirdfourth application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension, beyond four total extensions, shall be granted, conditionally granted, or denied. The applicable hearing body shall be referred to herein as the “review authority.”
b) b) For any application for extension to be heard by a Hea ring Officer, the City Manager shall appoint a Hearing Officer with the 21-84
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requisite qualifications and experience to consider the application fo
r extension. The Hearing Officer shall not be a City employee and the employment, performance evaluation, compensation , and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Wit
hin 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 decisiondecide 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) 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) (i) Mailed to property owners within three hundred (300) f eet
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
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application is approved; the name of the applicant and
pr
operty 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) (ii) Posted by the applicant at the project site, that is t he
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 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. 4. Conduct of Hearing.
a) a) A hearing shall be held at the date, time, and place f or which notice was given.
b) 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) 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,
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applicant’s or their contractor’s control. If the review authority ma
kes 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) d) A hearing may be continued without further notice, pro vided 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) 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) f) The review authority shall issue a written decision, s etting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.
5. 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. 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.
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Section 105.3.5 is added to read as follows:
Se
ction 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to co mplete 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 one hundred eighty ( 180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the date of the last recorded inspection. Before such work can be recommenced, a newthe permit shall be first obtained to do sorei ssued, and the permittee shall pay a new permit fee except. Except f or instances where permits for suspended or abandoned work where have had previous in spections were previously recorded, the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original approved plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Permits shall not be renewed more than once.
The Building Official is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested minimum fifteen (15) days prior to the permit expiration in writing and justifiable cause demonstrated.
Section 15.02.110 Amendment to Section 109.4.
Section 109.4 is amended to read as follows:
Section 109.4 Work commencing before permit
issuance.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 21-88
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subject to an investigation fee in addition to the required permit fees. The in
vestigation 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 structureEntire Structure.
Section 117.1 Notification. When an entire structure is to be demolished, notification by certified mail to adjacent owners is required at least thirty (30) days before demolition commences. Proof of notification is required prior to permit issuance. Unless determined otherwise by the Chief Building Official.
Section 2: Cha pter 15.03 (International Property Maintenance Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.03
INT
ERNATIONAL 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, 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.
Sections:
15.03.010 Adoption of the International Property Maintenance Code.
15.03.020 Deletion of Chapter 1, except Sections 101, 102, 109.1, 109.1.4, 109.4, 109.7 and 109.8.
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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 20212024 International Property Maintenance Code, as publishe d by the International Code Council.
The various parts of this Codecode, 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 20212024 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, exceptExcept Sections 101, 102, 111109.1, 111.2, 111109.1.4, 111109.4, 109.7, and 111109.8.
Section 15.03.020 . Chapter 1 of the Property Maintenance Code is deleted, except Sections 101, 102, 111109.1, 111.2, 111109.1 .4, 111109.4, 109.7, and 111109.8.
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.”
Se
ction 15.03.040 Amendment to Section 102.3.
Section 102.3 is amended to read as follows:
Section 102.3 Application of other code sCodes. 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, mo d ify, or set
aside any provisions of the Newport Beach Municipal Code.
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Section 15.03.045 Amendment to Section 302.4.
Section 302.4 is amended to read as follows:
Section 302.4 Weeds. Pr emises and exterior property shall be maintained free from weeds or plant growth that create a fire hazard or are overgrown in a way that they obstruct the right of way, block visibility of pedestrians and drivers, or harbor rats, vermin, or insects. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner of agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with California Building Code Section 114.3 and as prescribed by the authority having jurisdiction.
Section 15.03.050 Amendment to Section 303.2.
Se
ction 303.2 is amended to read as follows:
Section 303.2 Enclosures. Private swimming pools, hot tubs and spas or water features containing more than eighteen (18) inches of water depth shall comply with section 305.2 of the Newport Beach Residential Swimming Pool and Spa Code and Section 3109.2 of the Newport Beach 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: Cha
pter 15.04 (Building Code) of the Newport Beach
Municipal Code is deleted in its entirety and amended to read as follows:
Chapt
er 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.
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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.
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 Reserved.
15.04.040 Reserved.
15.04.050 Reserved.
15.04.060 Reserved.
15.04.070 Reserved.
15.04.080 Amendment to Section 903.2.
15.04.090 Amendment to Section 903.2.8.
15.04.100 Reserved.
15.04.110 Amendment to Table 1505.1.
15.04.120 Amendment to Section 1505.1.2.
15.04.130 Amendment to section 1612.3.
15.04.140 Amendment to Section 1704.2.1.
15.04.150 Reserved.
Section 15.04.010 Adoption of the California Building Code.
The
City Council adopts and incorporates by reference, as though set forth in full in this section, the 20222025 Edition of the California Building Code, Volumes 1 an d 2, including Appendix C, I, and all national codes and standards referenced the rein, based on the 20212024 International Building Code, as published by the Inte rnational Code Council.
The various parts of these codes and standards, along with the additions, amendments an
d deletions adopted in this section, shall constitute and be known as the “Newport Beach Building Code..” A copy of the 20222025 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 21-92
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to Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 15.04.020 Amendment to Section 105.2.
Su
bsection 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 ab
ove lowest adjacent grade and not within three (3) feet of the property line, and all other fences not over six (6) feet (1,828.8 mm) in height above lowest adjacent grade except when used as a pool barrier.
Subsection 9 of the portion entitled “Building” in Section 105.2 is amended to read as fo
llows:
9. Prefabricated swimming pools or hot tubs spas accessory to a Group R- 3
occupancy, or water features, containing less than ei ghteen (18) inches of water depth, do not exceed five thousand ( 5,000) gallons and are installed entirely above ground, unless otherwise required by other provisions of the code.
Section 15.04.030 A
mendment to Section 701A.1 Re served.
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 Re
served.
Section 701A.3 is amended by deleting Exception No. 5 in its entirety.
Section 15.04.050 Amendment to Section 701A.3.1 Re served.
Section 701A.3.1 is amended by deleting Exception No. 2 in its entirety. 21-93
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Se
ction 15.04.060 Amendment to Section 702A Re served.
Section 702A is amended with one addition to read as follows:
SECTION 702A DEFINITIONS
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one enclosed side.
Section 15.04.070 Am endment to Section 710A.3.4Res erved.
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 but 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 re quired. Re quired. Approved automatic sprinkler systems in new buildings and structures shall be provided in the following locations:
1. New buildings: Buil dings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire- extinguishing system shall be installed in all occupancies when the total building area exceeds five thousand ( 5,000) square feet (465 m2), unless more restrictive requirements are required by other provisions of the Code. this 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 21-94
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for telecommunications equipment, associated electrical power di
stribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than one (1) hour fire barriers constructed in accordance with Section 707 or not less than two (2) hours horizontal assemblies constructed in accordance with Section 711, or both.
2. Existing buildingsBuildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when any of the following conditions exists:
a) When an addition is fifty (50%) percent or more of the existing building area and the resulting building area exceeds five thousand (5,000) square feet (465 m²),
b) When an addition is added, and the existing building is already provided with an automatic fire sprinkler system.
c) More restrictive requirements are required by other provisions of the Codethis 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 Officialfire code official and Chief Building officialOfficial approval.
Exception: Gr oup R occupancies. Group R occupancies shall comply with Section 903.2.8.
Section 15.04.090 Amendment to Section 903.2.8.
Se
ction 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:
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1. New buildings: Buil dings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing buildings: Buil dings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a.a) When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds fifty (50%) percent of the area of the existing structure.
b.b) An addition when the existing building is already provided with automatic fire sprinkler system.
c.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 Officialfire code official approval.
Section 15.04.100 RE SERVEDReserved.
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Section 15.04.110 Amendment to Table 1505.1.
Tab
le 1505.1 is amended to read as follows:
TA
BLE 1505.1a1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION1CONSTRUCTIONa
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
1See chapter 7A for roof covering requirements.
aUnless otherwise required in accordance with the California Wildland-Urban Interface Code or due to the location of the building within a fire district in accordance with Appendix D.
Section 15.04.120 Amendment to Section 1505.1.2.
Se
ction 1505.1.2 is amended to read as follows:
Sec
tion 1505.1.2 Roof coverings within all other areas . other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than fifty (50) percent of the total roof area is replaced within any one-year period, and the entire roof covering of every existingnew structure when, and any roof covering applied in the addition, alteration, repair or replacement of the roof exceeds 50 percent of theevery existing roof area;structure, shall be a fire-retardant roof covering or assembly that is at least Class BC fire classification.
Section 15.04.130 A mendment to Section 1612.3.
Section 1612.3 first paragraph is amended to read as follows:
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Section 1612.3 Establishment of the fl ood hazard areas. 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.
Se
ction 15.04.140 Amendment to Section 1704.2.1.
Sec
tion 1704.2.1 is amended to read as follows:
Section 1704.2.1 Special inspector qualifications. Insp ector 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 Ci
ty 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 resolution adopted by the City Council Fee Resolution, payable with the application.
A registration card shall be issued to each such special inspector who 21-98
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qualifies. A renewal fee as set forth in the re solution adopted by the City Council Fee Resolution for each classification shall be charged on July 1st of each year thereafter at which time the special inspec tor may be subject to re-examination.
The Chief Building Official may, in writing, suspend or revoke any special
inspector’s certificate of registration for due cause. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of registration should not be revoked. Failure to appear at such hearing by the special inspector may result in immediate revocation of said certificates. Special inspector’s qualification registrations are to be given only for special inspections required in Chapter 17 of the California Building Code or for work specifically authorized by the Chief Building Official.
The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as the approved agency and their personnel are permitted to act as the special inspector for the work designed by them, provided they are approved by the Chief Building Official and qualify as special inspectors.
Section 15.04.150 Am endment to Section 1905.1.7Reserved.
Section 1905.1.7 ACI 318, Section 14.1.4 is amended b y deleting Exceptions 1 through 3 of section 14.1.4.1 in their entirety.
Section 4: Cha pter 15.05 (Residential Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.05
RESIDENTIAL
CODE
RESIDENTIAL CODE
Sections:
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.
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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.
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.
Sections:
15.05.010
Adoption of the California Residential Code.
15.05.020 Amendment to Section R101.1.
15.05.030 Reserved.
15.05.040 Deletion of Sections R102 through R114.
15.05.050 Addition of Sections R115.
15.05.060 Deletion of Section R301.1.1.1.
15.05.070 Amendment to Section R301.1.3.
15.05.080 Amendment to Table R301.2.
15.05.090 Amendment to Table R301.2 Footnote g.
15.05.100 Amendment to Section R301.2.4.
15.05.110 Amendment to Section R317.3.
15.05.120 Reserved.
15.05.130 Reserved.
15.05.140 Reserved.
15.05.150 Reserved.
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15.05.160 Reserved.
15.05.170 Reserved.
15.05.180 Deletion of Section R309.
15.05.190 Amendment to Section R308.1.
15.05.200 Amendment to Section R306 with the Addition of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
15.05.210 Reserved.
15.05.220 Reserved.
15.05.230 Addition to Section R341.
15.05.240 Amendment to Section R401.4
15.05.250 Reserved.
15.05.260 Amendment to Section R405.1.
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 se
ction, the 20222025 Edition of the California Residential Code , including Appendix AHBF, and all national codes and standards referenced ther ein, based on the 20212024 International Residential Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments, an
d deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Code. A copy of the 20222025 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.
Se
ction R101.1 is amended to read as follows:
Section R101.1 Title. These provisions shall be known as the Residential Co
de 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 RE SERVEDReserved.
Section 15.05.040 Deletion of Sections R102 through R114. 21-101
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Sections R102 through R114 are deleted in their entirety. All administrative provisions in
cluding enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.05.050 Addition of Sections R115.
Sec
tion 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 15.05.060 is amended to read as follows:
Section R301.1.1.1 is deleted in its entirety.
Section 15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
Section R301.1.3 Engineered design. 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 Bu ilding Code is permitted for buildings and structures and parts thereof, included in the scope of this code.
R301.1.3.1 California li censed architectLicensed Architect or engineerEngineer. When any pr ovisionportion of any structure deviates from substantial compliance with conventional framing requirements for 21-102
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wood frame construction found in this code, the Chi ef Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code SectionSections 5537 and 6737.1.
R301.1.3.2 Wood frame structures greaterFrame Structures Greater than two-storiesTwo-Stories. The Chief B uilding 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 of more than two stories in height or having a basement.
Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code SectionSections 5537 and 6737.1.
R301.1.3.3 Structures other than wood frameWood Frame. The Chief Building Official shall require floor, wall or roof-ceiling structural elements in dwellings designed of cold formed steel, concrete, and masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code SectionSections 5537 and 6737.1.
Section 15.05.080 Amendment to Table R301.2.
Tabl
e R301.2 is amended by completing the table to read as follows:
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TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITEl!lA
GROUND WINO DESIGN SUBJECT TO DAMAGE FROM ICESARRIER AIR SNOW SElSIIIC DESIGN WUIIMrlr,g' I ".::::,.. I
UNDERLAYIENT FLOOD FREEZING MEANANNU Speed' I Topograpl>iC Spec ial Windbome CATEGORY' HAlARO S' ALTE"'" LOAD" (mph) effects ' wlndrog""1' debris zone., Tenni1._. REQUIRED' INDEX' ZERO 95 I NO NO NO Oq. 0 ,. D1• OR E NEGLIGIBLE I NA IVERY HEAVY NO ~eFOOTHOTEo 0 60.7 IIANUAL J DESIGN CRITERIA"
Altit""" '""=•····-·
i£1evatoon COrTCClion design <by-bulb ·= ,._,uu,vv• , ........ uCS I~ • ea ,ng empera,ure a u- factor wet bulb tcmpcra1urc dry-bulb temperature <by-bulb temperature fcrcncc 10FEET 1,0 67 70 70 43 30"
Indoor summer Indoor summer Indoor summer design Outdoor summer design Cooling temperature dif-Lalitude Daily range design, relative design rclatis c humidity humidity dry-bulb temperature dry-bulb temperature fcrcncc
33.608 12 50 50 75 60 ,s•
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Section 15.05.090 Amendment to Table R301.2 Footnote g.
Tabl
e R301.2 footnote g is amended to read as follows:
Section Table R301.2 Footnote g. Ref er to the National Flood Insurance Program (NFIP) as printed by the Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM) dated March 21, 2019; Flood Insurance Study (FIS Profile) effective date of revision:
March 21, 2019; Community number: 060227; Map: 06059; Panels: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, 404, 406 and 408; Suffix “K”; Initial NFIP map date: March 15, 1974; and Initial FIRM date: September 1, 1978.
Section 15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain constructionConstruction. 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 restorationrepair of substantial damage of buildings and structures located in whole or in part in flood hazard areas, shall be designed and constructed in accordance with the City of Newport Beach Municipal Code Chapter 15.50, FLOODPLAIN
MANAGEMENTFloodplain Management, and Section R322. R306.
Buildings and structures that are located in more than one flood hazard area, including A Zones, Coastal A Zones and V Zones, shall comply with the provisions associated with the most restrictive flood hazard area.
Buildings and structures located in whole or in part in identified floodways 21-104
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND IMNDDESIGH SUBJECT TO DAMAGE FROM ICE BARRIER AIR SNOW SEISIIIC DESIGN -ring' \ u..:~ . I
UNDEIUAYIIENT FLOOD FREEZING MEANANNU $p<N>d' I Topograp11;e Spec ial Windbome CATEGORY' HAZAROS" AL TEMP' LOAD' (mph) effects' wind region' debris zona 111 Tennitec REQUIRED' IHOEX' ZERO 95 I NO NO NO D , 0 ,, 0., ORE NEGLIGIBLE I NA IVERY HEAVY NO SE.E FOOTNOTE9 0 60.7 IIANUAI. J DESIGN CRITERIA'
Altitude Coincident Indoor winier Indoor winter design Outdoor winier design Heating teinpcnuure dif-Elevation correction design dry-bulb factor' wet bulb tempcralurc dry-bulb temperat ure dry-bulb temperature fercncc 10 FEET 1.0 67 70 70 43 30•
Indoor summer Indoor summer Indoor summer design Outdoor summer design Cooling temperarurc dif-Latitude Daily range design relative design relative humidity humidity dry-bulb temperature dry-bulb temperatu re ference
33.608 12 50 50 75 80 15°
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shall be designed and constructed in accordance with ASCE 24.
R3
01.2.4.1 Alternate provisionsProvisions. As an alternate to the requirements in Section R322R306 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 R3 09R317.3.
Section R309R317.3 is amended to read as follows:
Section R309R317.3 Flood hazard areas. For buildingsHazard Areas. Garages and carports 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 det ermined constructed in accordance with Section R322 and the City of Newport Beach Municipal Code 306R306 and 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 Reserved.
Section 15.05.130 RESERVED Reserved.
Section 15.05.140 RESERVED Reserved.
Section 15.05.150 RESERVED Reserved.
Section 15.05.160 RESERVED Reserved.
Section 15.05.170 RESERVED Reserved.
Section 15.05.180 Deletion of Section R313. R309.
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Section R31315.05.180 is amended to read as follows:
Section R309 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.090.
Section 15.05.190 Amendment to Section R319R308.1.
Section R319R308.1 is amended to read as follows:
Section R319R308.1 Address identification. Ident ification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property, and alley if adjacent to the property. Address identification characters shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than four (4) inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
Section 15.05.200 Amendment to Section R3 22R306 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R32215.05.200 is amended to read as follows:
Section R306 is amended to include the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section 15.05.210 RE SERVEDReserved.
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 15.04.070Reserved.
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Section 15.05.230 Addition of Section R341.
Se
ction R341 is added to read as follows:
SECTION R341 - SOUND TRANSMISSION
R341.1 General. Wa ll 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 20222025 California Building Code, Title 24, Part 2.
Section 15.05.240 Amendment to Section R401.4.
Sec
tion 15.05.240 is amended to read as follows:
Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations.
Section 15.05.250 De letion of Section R404. Reserved.
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.
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 RE SERVEDReserved.
Section 15.05.280 RESERVEDReserved.
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Section 15.05.290 Amendment to Section R902.
Se
ction 15.05.290 is amended to read as follows:
Section R902 is deleted in its entirety and replaced b y California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.110 through 15.04.120.
Se
ction 5: Ch apter 15.06 (Electrical Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.06
ELECTRICAL
CODE
ELECTRICAL CODE
Sections:
15. 06.010 Adoption of the California Electrical Code.
15.06.020 RESERVEDReserved.
15.06.030 RESERVEDReserved.
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 20222025 Edition of the California Electrical Code based on th e 20202023 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 20222025 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.06.020 Reserved.
Section 15.06.030 Reserved.
Section 15.06.040 Amendment to Article 358.10(A).
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Ar
ticle 358.10(A) is amended to read as follows:
(A) (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)
Ar
ticle 358.10(B)(1) and (B)(2) are amended to read as follows:
(B) (B) Corrosive Environments.
(1) (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) (2) Supplementary Protection of Aluminum EMT.
Aluminum EMT shall be provided with approved supplementary corrosion protection where encased in concrete.
Se ction 6: Ch apter 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.
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.
The City Council adopts and incorporates by reference, as though set forth in full in this 21-109
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section, the 20 222025 Edition of the California Mechanical Code, based on t he 20212024 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 20222025 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
All
administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.07.020 Addition of Section 103.5.
Se
ction 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 indivi dual 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.
Se
ction 107.1 is amended in its entirety to read as follows:
Section 107.1 GeneralAppeals. 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: Ch apter 15.08 (Plumbing Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.08
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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.
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 20222025 Edition of the California Plumbing Code, including Ap pendix Chapters A and C, based on the 20212024 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 20222025 California Plumbing Code, including Appendix Chapter A and C, printed in code book form, shall be kept on file in th e office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
Section 15.08.020 Addition of Section 103.5.
Section 103.5 is added to read as follows:
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 indivi dual reason makes
the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Division.
Section 15.08.030 Amendment of Section 107.1.
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Section 107.1 is amended in its entirety to read as follows:
Se
ction 107.1 GeneralAppeals. Appeals of the Chief Building Official decision shall be pursuant to Newport Beach Municipal Code Chapter
15.80, Building and Fire Board of Appeals.
Se
ction 8: Cha pter 15.09 ( ResidentialInternational Swimming Pool and Spa Code) of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Chapter 15.09
RE
SIDENTIALINTERNATIONAL SWIMMING POOL AND SPA CODE
Sections:
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.
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.
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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.
Sections:
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 305.2.4.1.
15.09.190 Deletion and rename Section 305.2.5.
15.09.200 Amendment to Section 305.3.3
15.09.210 Amendment to Section 305.4.
15.09.220 Amendment to Section 305.5 Items 1 and 2.
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15.09.230 Amendment to Section 306.1.
15.09.240 Amendment to Section 306.4.
15.09.250 Amendment to Table 306.5.
15.09.260 Amendment to Section 306.9.1.
15.09.270 Amendment to Section 307.1.1.
15.09.280 Amendment to Section 307.1.4.
15.09.290 Amendment to Section 307.1.5.
15.09.300 Amendment to Section 307.2.2.
15.09.305 Amendment to Section 311.1 Exception #2.
15.09.310 Amendment to Section 317.4.
15.09.320 Amendment to Section 317.6.1.
15.09.330 Amendment to Section 319.2.
15.09.340 Amendment to Section 321.1.
15.09.350 Deletion of Sections 321.2 and 321.3.
15.09.360 Amendment to Section 322.
15.09.370 Deletion and rename Chapter 4.
15.09.380 Deletion and rename Chapter 5.
15.09.390 Deletion and rename Chapter 6.
15.09.400 Amendment to Section 703.1.
15.09.410 Amendment to Section 802.1.
15.09.420 Amendment to Section 802.2.
15.09.430 Amendment to Section 901.2.
15.09.440 Add Section 903.
15.09.450 Add Section 904.
15.09.460 Add Section 905.
15.09.470 Add Section 906.
15.09.480 Add Section 907.
Section 15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 20212024 Edition of the International Swimming Pool and Spa Co de 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 20212024 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 21-114
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18942(e)(1) and made available for public inspection.
Se
ction 15.09.020 Amendment to Section 101.1.
Section 101.1 is amended to read as follows:
Section 101.1 Title. These provisions shall be known as the Residential Sw
imming Pool and Spa Code of Newport Beach and shall be cited as such and will be referenced to herein as “this code.”
Section 15.09.030 Amendment to Section 101.2.
Section 101.2 is amended to read as follows:
Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of residential pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.
Section 15.09.040 Deletion of Sections 102 through 114.
Section 15.09.040 is amended to read as follows:
Sections 102 through 114 are deletedDeleted in their en tiretyEntirety.
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 def inedDefined in other codes. 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.
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Section 15.09.060 Amendment and addi tionAddition to Section 202.
Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL definitions are amended andto add PRIVATE POOL and SWIMMING POOL OR SPA definitions to read as follows:
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). An y
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 po
ol.
PRIVATE POOL. See Residential Pool.
SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over eighteen (18) inches deep. “Swimming pool” includes in- ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
Section 15.09.070 Amendment to Section 301.
Se
ction 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 . W here 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 . I
n the event of a conflict between the
provisions of the Swimming Pool Safety Act, this code, the 2022 California Building CodeNewport Beach , or the 2022 CaliforniaNewport Beach 21-116
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Residential Code, the Building Official shall implement the most restrictive me
asures cited.
Section 15.09.080 Amendment to Section 302.1.
Section 302.1 is amended to read as follows:
Section 302.1 Electrical . E lectrical requirements shall comply with California Electrical Code.
Section 15.09.090 Amendment to Section 302.2.
Section 302.2 is amended to read as follows:
Section 302.2 Water se rviceService and drainageDrainage. 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.
Se
ction 302.5 is amended to read as follows:
Section 302.5 Backflow protectionProtection. 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 dischargeDischarge. 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:
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Section 303.1 Energy cons umptionConsumption of poolsPools and permanent spasPermanent Spas. The energy consumption of pools and permanent spas shall comply with the California Energy Code.
Section 15.09.130 Deletion of Sections 303.1.1 through 303.3.
Section 15.09.130 is amended to read as follows:
Sections 303.1.1 through 303.3 are deleted in their en tirety.
Section 15.09.140 Deletion and re
placementReplacement of Section 304.2.
Section 304.2 is deleted in its entirety and re place withreplaced as follows:
Section 304.2 Floodplain Construction. P ools 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:
Se
ction 305.2 Swimming poolsPools and spas. Spas. Pools and spas shall be surrounded by a permanent barrier that complies with Sections 305.2.1 through the end of Section 305. In addition, two drowning prevention safety features are required and must comply with Section 3109.2 of the California Building Code.
Section 15.09.170 Amendment to Section 305.2.1 Item 1.
Section 305.2.1 Item 1 is amended to read as follows:
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1. The top of the barrier shall be not less than sixty (60) inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of three (3) feet measured horizontally from the outside of the required barrier.
Section 15.09.180 Deletion and rename Section 305.2.4. 1 .
Section 305.2.4.1 is deleted in its entirety and renamed to read as fol lows:
Section 305.2.4.1 Reserved.
Section 15.09.190 Deletion and rename Section 305.2.5
Section 305.2.5 Reserved.
Section 15.09.200 Am endment to Section 305.3.3.
Section 305.3.3 is amended to read as follows:
Section 305.3.3 Latch re lease. 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 loc ated on the pool or spa side of the gate not less than three (3) inches below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch within eighteen (18) inches of the release mechanism.
Section 15.09.200 RESERVED.
Section 15.09.210 RESERVEDAmendment to Section 305.4.
Section 305.4 is amended to read as follows:
Where a wall of a dwelling or structure serves as part of the barrier and where doors, gates or windows provide direct access to the pool or spa through that wall, one of the following shall be required. Any of the items listed below may be counted as one of the required drowning prevention safety features, provided they comply with Section 3109.2 of the California Building Code.
Section 15.09.220 Amendment to Section 305.5 Items 1 and 2. 21-119
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Se
ction 305.5 Items 1 and 2 are amended to read as follows:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than sixty (60) inches above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than sixty (60) inches above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.
Section 15.09.230 Amendment to Section 306.1.
Section 306.1 is amended to read as follows:
Section 306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the California Residential Code or the California Building Code and this section.
Section 15.09.240 Amendment to Section 306.4.
Section 306.4 is amended to read as follows:
Section 306.4 Deck st eps handrail requiredSteps Handrail Required.
Pool and spa deck steps having three or more risers shall be provided with a handrail.
Section 15.09.250 Amendment to Table 306.5.
Table 306.5 is amended to read as follows:
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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 bibbsB ibbs. 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 haza rdous locations. 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.
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TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFACE S
SURFACE MINIMUM DRAINAGE SLOPE
(INCH PER FOOT)
~
11 -~
Exposed aggregat e[ 11,
,~ .... _,, - 1,
Travertiu e/bt1ck-set pavers. public pool s or spas 318 Travertine/brick -set pavers. residential pools or spas Ilg Wood Ilg
Wood/plastic compo site Ilg
For SI: I inch= 25.4 mm. I foot= 304.8 mm.
TABLE 306.5
MINIMUM DRAINAGE SLOPES FOR DECK SURFAC ES
SURFACE MINIMUM DRAINAGE SLOPE
IINCH PER FOOT)
~
I
~
Exposed aggregate [ 11.
Textured, hand-finished concrete 118
Trave1t ine/b11ck-set pavers. public pools or spas 'Is
Trave1t ine/b11ck-set pavers. residential pools or spas Il g Wood 11s
Wood/pla stic composit e Il g
For SI: I inch = 25.4 llllll, I foot= 304.8 mm.
Ordinance No. 20 22-
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Section 15.09.280 Amendment to Section 307.1.34.
Section 307.1.34 is amended to read as follows:
Section 307.1.34 Roofs or canopiesCanopies. 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 307.1.45.
Section 307.1.45 is amended to read as follows:
Section 307.1.45 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.
Se
ction 307.2.2 is amended to read as follows:
Section 307.2.2 Materials and st ructural design.Structural Design.
Pools and spas shall conform to one or more of the standards indicated in Table 307.2.2. The structural design of pools and spas shall be in accordance with the California Building Code . or the California Residential Code.
Section 15.09.305 Amendment to Section 31 0311.1 Exception #2.
Section 310311.
1 Exception #2 is amended to read as follows:
2. 2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate one hundred (100) percent of the circulations system flow rate.
Section 15.09.310 Amendment to Section 31 6317.4.
Section 316317. 4 is amended to read as follows:
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Section 316317. 4 Installation. Hea ters 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 31
6317.6.1.
Section 316317.
6.1 is amended to read as follows:
Section 316317. 6.1 Installation. Sol ar thermal water heaters shall be installed in accordance with the California Mechanical Code.
Section 15.09.330 Amendment to Section 31
8319.2.
Section 318319.
2 is amended to read as follows:
Section 318319. 2 Protection of potable water supplyPotable 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 A112.1.2 or by a backflow prevention assembly in accordance with the California Plumbing Code.
Section 15.09.340 Amendment to Section 320321.1.
Section 320321. 1 is amended to read as follows:
Section 320321. 1 Backwash waterWater or draining water. Draining Water. Wastewater from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type of receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least six (6) inches above the Design Flood Elevation (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 21-123
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through an air gap.
Section 15.09.350 Deletion of Sections 32 0321.2 and 320321.3.
Section 15.09.350 is amended to read as follows:
Sections 320321.2 and 320.2321.3 are deleted in their entirety.
Section 15.09.360 Amendment to Section 321322.
Section 321322
is deleted in its entirety and replace with the follo wing:
Section 321322.1 General. The provision of Section 321322.2 shall apply to lighting for residential pools and spas.
Section 321322. 2 Residential poolPool and deck illuminationDeck 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:
Cha
pter 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:
Cha
pter 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:
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Section 703.1 General. De cks 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 com
ponentsComponents and
accessories. 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.
Section 15.09.420 Amendment to Section 802.2.
Section 802.2 is amended to read as follows:
Section 802.2 Structural des
ignDesign. The structural design and
materials shall be in accordance with the California Building Code.
Section 15.09.430 Amendment to Section 901.2.
Se
ction 901.2 is amended to read as follows:
Section 901.2 General. I n 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:
Se
ction 903 MATERIALS.
903.1 Pumps and mot ors. Motors. Pumps and motors shall be listed and labeled for use in spas.
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Section 15.09.450 Add Section 904.
Section 904 is added as follows:
Se
ction 904 STRUCTURE AND DESIGN
904.1 904.1 Water depthDepth. 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.
904.2 904.2 Multilevel seatingSeating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be twenty (28) inches measured from the design waterline to the lowe st measurable point.
904.3 904.3 Floor slopeSlope. The slope of the floor shall not exceed one (1) unit vertical in twelve (12) units horizontal (8.3-percent slope).
Where multilevel floors are provided, the change in depth shall be indicated.
Section 15.09.460 Add Section 905.
Se
ction 905 is added as follows:
Section 905 RETURN AND SUCTION FITTINGS
905.1 905.1 Return fittingsFittings. 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.
905.2 905.2 Suction fittingsFittings. Suction fittings shall be in accordance with Sections 905.2.1 through 905.2.4.
90 5.2.1 Testing and certification.Certification. Suction fittings shall be listed and labeled in accordance with APSP 16.
90 5.2.2 905.2.2 Installation. Suc tion fittings shall be sized and installed in accordance with the manufacturer’s
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specifications. Sp as and exercise spas shall not be used or operated if the suction outlet cover is missing,
damaged, broken or loose.
905.2.3 905.2.3 Out lets per pumpPer Pump. Suction fittings shall be provided in accordance with Section 310.
905.2.4 905.2.4 Submerged vacuum fittingsVacuum 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
906.1 906.1 General. Thi s section pertains to fuel-fired and electric appliances used for heating spa or exercise spa water.
906.2 906.2 Water temperature controlsTemperature Controls .
Components provided for water temperature controls shall be suitable for the intended application.
906.2.1 Water te mperature regulating controlsTemperature 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: Wa
ter 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 te
mperature limiting controlsTemperature
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.
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Se
ction 907 is added as follows:
Section 907 WATER SUPPLY
907.1 Water te mperatureTemperature. The temperature of the incoming makeup water shall not exceed 104°F (40°C).
Section 9: C hapter 15.11 (Green Building Standards Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Chapter 15.11
GR
EEN BUILDING STANDARDS CODE
SectionsSection:
15.11.010 Adoption of the California Green Standards.
Section 15.11.010 Adoption of the C alifornia Green Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this se
ction, the 20222025 Edition of the California Green Building Standards Co de.
The various parts of this Codecode, 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 20222025 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 10: Ch apter 15.13 (Historical Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Cha
pter 15.13
HISTORICAL
BUILDING CODE
Sections:Section:
15.13.010 Adoption of the California Historical Building Code.
Section 15.13.010 Adoption of the California Historical Building Code. 21-128
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The City Council adopts and incorporates by reference, as though set forth in full in this se
ction, the 20222025 Edition of the California Historical Building Code, Ca lifornia Code of regulations Title 24,24 CCR Part 8 and all national codes and standards reference d 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 20222025 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 11: Cha pter 15.14 (Existing Building Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Chapter 15.14
EXISTING BUILDING CODE
SectionsSection:
15.14.010 Adoption of California Existing Building Code.
Section 15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this se
ction, the 20222025 Edition of the California Existing Building Code, California Code of Regulations Title 2414 CCR Part 10, Appendix A, ChapterChapters 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 20222025 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection.
Section 12: Chapter 15.17 (Energy Code) of the Newport Beach Municipal Code is deleted in its entirety amended and renamed as follows:
Chapter 15.17
ENERGY CODE
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Se
ctionsSection:
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 20222025 Edition of the California Energy Code, California Code of Regulations Title 24, Part 624 CCR and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the “Newport Beach Energy Code..” A copy of the 20222025 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made av ailable for public inspection.
Section 13: Po rtions 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:
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 21-130
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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.
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:
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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.
Section 15.50.050 is hereby amended to addm odify t he following definitionsdef inition:
“Substantial Improvement” Any one or more or any combi nation of repair reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure taking place during a ten (10) year period, the cumulative cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. For each building or structure, the ten (10) year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to December 31, 2025. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by a Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure; provided that the alteration will not preclude the structure’s continued designation as a historic structure.
Section 15.50.130 Amendment to 15.50.130 Designation of the Floodplain Administrator.
Section 15.50.13 0 is amended to read as follows:
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The
City Manager or their designated representative is hereby appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The Floodplain Administrator shall also:
A. Take action to remedy violations of this chapter;
B. Complete and submit a biennial report to Federal Emergency Management Agency; and
C. Assure the community’s General Plan is consistent with floodplain management objectives.
Section 15.50.135 Amendment to 15.50.135 Permit Review.
Section 15.50.135 is amended to read as follows:
The Floodplain Administrator or their designated representative shall review all development permits to determine:
A. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
B. All other required state and federal permits have been obtained;
C. The site is reasonably safe from flooding;
D. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point; and
E. All Letters of Map Revisions for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision. Approved Conditional Letters of Map Revision allow construction of the 21-133
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proposed flood control project and land preparation as specified in the “start of construction” definition.
Section 15.50.140 Amendment to 15.50.140 Review, Use of Other Base Flood Data.
Section 15.50.140 is amended to read as follows:
When base flood elevation data has not been provided in accordance with Section 15.50.070, the Floodplain Administrator, or their designated representative, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.50.200 through 15.50.250.
Section 15.50. 145 Amendment to 15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
Section 15.50.145 is amended to read as follows:
The Floodplain Administrator shall:
A. Answer to questions about substantially damaged buildings, develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage to include defining “current value of the structure.”
B. Assure procedures are coordinated with other departments/divisions and implemented by community staff.
Section 15.50.“160 Amendment to 15.50.160 Notification of Other Agenc ies.
Section 15.50.160 is amended to read as follows:
A. Alteration or Relocation of a Watercourse. The Floodplain Administrator or their designated representative shall:
1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
2. Submit evidence of such notification to the Federal Emergency Management Agency;
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3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
B. Base Flood Elevation ” Elevation of flooding, including Ch anges Due to Physical Alterations. The Floodplain Administrator or their designated representative shall:
1. Within six months of information becoming available or project completion, whichever comes first, submit or assure that the permit applicant submits technical or scientific data to Federal Emergency Management Agency for a Letter of Map Revision (“LOMR”).
2. Verify all LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (“CLOMRs”).
Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
C. Changes in Corporate Boundaries. The Floodplain Administrator or their designated representative shall notify Federal Emergency Management Agency in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
Section 15.50.180 Amendment to 15.50.180 Appeals and Variance Procedure.
Section 15.50.180 is amended to read as follows:
A. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator, in the enforcement or administration of this chapter.
B. The Planning Commission shall review and decide requests for variances. In ruling on such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
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1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave height, having a 1% chance of being equaled or exceeded in any
given year.action, if applicable, expected at the site; and
11. The costs of providing governmental services durin g and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges.
C. Generally, variances may be issued for new constructio n and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing 21-136
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structures constructed below the base flood level, providing all items in this chapter have been fully considered. As lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
D. Upon “Design Flood Elevation” The design flood elevation s ha ll be used to define consideration of the factors set forth in Section
15.50.190 and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E. Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council as provided in Title 20. A member of the City Council may call for review any decision of the Planning Commission under this chapter as provided in Title 20.
F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency in the biennial report.
Section 15.50.220 Amendment to 15.50.220 Standards for Development and Subdivisions.
Section 15.50.220 is amended to read as follows:
All preliminary development and subdivision proposals shall identify the f lood hazard areas. At a minimum, the design flood elevation shall be the higher of the following:
A. 1.The base flood elevation at the depth of peakarea and 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 freeboardthe base flood.
2.The All final development and subdivision plans will provide the elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated.proposed structure(s) and pad(s). If the site is filled
Section 15.50.070 Amendment to Section 15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
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Se
ction 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 FIRMs 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:
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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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 elevated 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 design flood base flood, the final pad elevation, as determined by the City.
c. Coastal High Hazard Zones, VE and Coastal A Zones, shall also comply with the requirements of Section 15.50.230
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
A. ii. Have a minimum of two openings on different side s 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.
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f.B. Upon com pletion of the structure, the elevation of the lowes t 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 and provided to the Floodplain Administrator.
2. Nonresidential Construction. Nonresidential construc tion 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 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.
C. 3. Manufactured Homes. Manufactured All development and subdivision proposals shall be consistent with the need to minimize flood damage.
D. All development and subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.
E. All development and subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
A development permit shall be obtained before any construction begins on a development or a subdivision, including 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.
F. D. Required Submittals. Before construction begins , within any area of special flood hazards established in Section 15.50.070 , application. Application for a buildingdevelopment pe rmit shall be made pursuant to the Newport Beach Administrative Code, 21-140
- ~ ------
Ordinance No. 20 22-
262025-__
adopted in Section 15.02.010. In addition to submittals requiredon forms furnished by the Newport Beach Administrative Code, drawingsCity Manager or their designated representative and shall show the nature,inc lude but not be limited to: plans in duplicate, drawn to scale showing: the location, dimensions, and elevations of each structureexisting or proposed structure within the development or subdivision; existing and proposed grades, and drainage facilitie s.
Specifically, the following information is required:
1. 1. Proposed l ocations of water supply, sanitary sewer, and other utilities;
2. Location of the regulatory floodway when applicable;
3. Base flood elevation, information as specified in Section
15.50.070;
4. Proposed elevation, in relation to North American Vertical Datum of 1988 (“NAVD”), as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures;
5. 2. Proposed elevation, in relation to NAVD, of the lowest floor (including basement) of all structures;
6. Proposed elevation, in relation to NAVD, to which any nonresidential structure will be flood-proofed, as required under Section 15.50.200(C)(2) and detailed in Federal Emergency Management Agency Technical Bulletin TB 3-93, which Bulletin is incorporated herein by this reference as though fully set forth;
7. Certification from a registered civil engineer or architect that the nonresidential floodproofed; building meets the floodproofing criteria in Section 15.50.200(C)(2)(c);
8. 3. All appropriate certifications listed in Section 15.50 .150;
9. 4. Description of the extent to which any watercourse wil l 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. 21-141
Ordinance No. 20 22-
262025-__
10 . E. Floodways. Encroachments, including fill, new
construction, substantial improvements, level; and other development within floodways are prohibited, unless it has
11. Provide certification that all necessary permits have been demonstrated to obtained from Federal, State, and local governmental agencies from which prior approval is required.
NOTE: It is the satisfaction of the dev eloper’s responsibility to obtain these approvals.
G. The Floodplain Administrator through hydrologic and hydraulic analysis performedshall:
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 certified by a registered civil engineer in accordance with standard engineering practice Federal permits have been obtained;
3. Review all development permits to determine that the proposed encroachment will development does not result in any
increase in flood levels during the occurrence of adversely affect the carrying capacity of areas where base flood
discharge.elevations have been determined but a floodway has not been designated;
Section 15.50.210 Amendment to Section 15.50.210 Standar ds for UtilitiesReview all development permits in .
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 21-142
Ordinance No. 20 22-
262025-__
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.
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 21-143
Ordinance No. 20 22-
262025-__
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.
4. E. Manmade alteration of area of the area of special flood hazard to determine if the proposed development alters sand dunes which wouldso as to increase potential flood damage is prohibited.;
F. The Floodplain Administrator shall obtain and ma intain 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 columns) of all new and substantially improved structures, and whether such structures contain a basement.
5. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; and
6. Take action to remedy violations of this chapter.
21-144
Page Intentionally Left Blank
Attachment D
Draft Resolution – Adopting Findings to the
Amendments to the California Fire Code
21-145
21-146
59RESOLUTION NO. 2025-_
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 2025 EDITION
OF THE CALIFORNIA FIRE CODE AND THE 2025 EDITION
OF THE CALIFORNIA WILDLAND URBAN INTERFACE
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 or 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 2025 Edition of the California Fire Code based on the 2024 International Fire Code of the International Code Council; WHEREAS , Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the 2025 Edition of the California Fire Code and the 2025 Edition of the Wild land-Urban Interface Code 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 pursuant 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:
WHEREAS, the Fire Code Official h as recommended that changes and modifications be made to the 2025 Edition of the California Fire Code and the California Wildland-Urban Interface Code and has advised that these changes and modifications to the 2025 Edition of the California Fire Code and the 2025 Edition of the Wildland-Urban Interface Code 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
21-147
Resolution No. 2025-
WHEREAS , a copy of this resolution together with the ordinance adopting the 2025 Edition of the California Fire Code and the 2025 Edition of the Wildland-Urban Interface Code 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 as required by Health and Safety Code Section 17958.7.
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 2025 Edition of the California Fire Code and the 2025 Edition of the Wildland-Urban Interface Code as recommended by the Fire Code Official as necessary due to local climatic, geographic, or topographic conditions:
CALIFORNIA FIRE CODE JUSTIFICATION/EXPRESS FINDINGS SECTIONS 202 (Definitions) a, b, c, d, e, f, g, h, i
305 (Ignition Sources) a, b, c, i
307.4.2.1 (Recreational Beach Fires) a, b, c, i
308.1.1.1 (Fireplace) a, e, i
308.1.7 (Sky Lanterns) a, b, c, i
324(Geological Surveys) d, e, f, g, h
503.2.1 (Dimensions) a, b, c, d, e, f, g, h
503.2.4 (Turning Radius) a, b, c, d, e, f, g, h
503.2.5 (Dead Ends) a, b, c, d, e, f, g, h
503.2.7 (Grade) a, b, c, d, e, f, g, h
503.4.1 (Traffic Calming Devices) a, b, c, d, e, f, g, h 503.6 (Vehicle Access Gates) a, b, c, d, e, f, g, h
505 .1 .1 (Premises Identification) a, b, c, d, e, f, g, h 506.3 (Key Box Contents) a, b, c, d, e, f, g, h, i
510.1 (Emergency Responder a, b, c, d, e, f, g, h
Communications Enhancement Systems
in New Buildings.)
510.4.2.2 (Technical Criteria) a, b, c, d, e, f, g, h, i 510.5.2 (Approval Prior to a, b, C, d, e, f, g, h
Installation)
510.5.3 (Minimum Qualification of a, b, C, d, e, f, g, h Personnel) 21-148
510.5.4 (Acceptance Test
Procedure)
510.6.1 (Testing and Proof of
Compliance)
511 .1 (Building Information)
903.2 (Where Required)
903.2.8 (Group R)
903.3 (Installation Requirements)
907.1.6 (System Design)
912.1.1 (Installation)
912.2 (Location)
1203.1.1.1 (Emergency Power Outlets)
3603.6 (Berthing and Storage)
3603.6.1 (Multiple Berthing and Vessel
RaftinQ)
3603.6.2 (Permitted Multiple
Berthing)
3604.1 (General)
3604.2 (Standpipes)
5003.12 (Outdoor Control Areas)
5004.1.1 (Maximum Quantity On
Site)
5601.1.2 (Explosive Materials
Terminals)
5601.1.3 (Fireworks)
5601 .2.2 (Sale and Retail Display)
5704.2.11.1 ( Underground Tanks.)
5706.4 (Bulk Plants or Terminals)
8105.2 (Fire-Flow Requirements)
CALIFORNIA WILDLAND URBAN
INTERFACE CODE
101 .3.1 (Application)
101.3.1.1 (Application Date and Where
Reau ired)
202 (Definitions)
Resolutio n No. 2025-_
a, b, c, d, e, f, g, h
a, b, C, d, e, f, g, h
a, b, c, d, f, h
a, b, c, d, e, f, g, h, i
a, b, C, d, e, f, g, h, i
a, b, C, d, e, f, g, h, i
a, b, C, d, e, f, g, h, i
a, b, c, d, e, f, g, h, i
a, b, C, d, e, f, g, h, i
d, e, f
e, f, g, h
e, f, g, h
e, f, g, h
e, f, g, h
e, f, g, h
a, b, C, d, e, f, g, h
a, b, c, d, e, f, g, h
a, b, c, i
a, b, c, i
a, b, c, i
a, b, c, i
a, b, c, i
a, b, c, d, e, f, g, h, i
JUSTIFICATION /EXPRESS FINDINGS
a, b, c
a, b, c
a, b,c
21-149
303.3 (Fuel Modification Zone)
501.1 (Scope)
503.1 (General)
504.11.5 (Miscellaneous Structures
Located 3 Feet or More but Less Than
50 Feet.
602.4 Fuel Modification Plans
604.6 Maintenance of Fuel Modification
Zones
604.7 (Combustible Construction
Prohibited)
Appendix A - Adoption of Appendix A
in its Entirety Except Sections A-102.3
- A 102.3.2.2
a, b,c
a, b,c
a, b,c
a, b, c
a,b ,c
a, b, c
a,b,c
a,b, c
Resolution No. 2025-
a. The City of Newport Beach ("City") 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 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 th e 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.
21-150
Resolution No. 2025-
e. The City, 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 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.
f. Embers from chimneys without spark arresters within the City, including the foothill areas, coupled with the climatic, topographic and geographic conditions described herein above, may permit the throwing of sparks, embers and cinders upon non rated and special purpose roofing material roofs during periods of high velocity winds, thereby creating a fire hazard which in turn may spread throughout areas where the roofs of structures are covered with wood shakes and shingles. g. The City 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 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 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 contains coastal bluffs and hilly areas subject to landslides, earth induced landslides and it has coastal areas subject to 21-151
flooding and liquefaction.
Resolution No. 2025-
i. The City 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.
j. The City contains low lying coastal areas subject to flooding from sustained rain with tides which hinder 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 which run up and overtop coastal beach berms. West a is subject to flooding from the Santa Ana River and storm events with tides. The City participates in the National 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.
I. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography. m. The City is a Charter City, therefore, topographical, geographical and climatic conditions are not required to amend the administrative provisions within the code. n. City does not have jurisdiction over Public Pools. The enfo rcing 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: If any section, subsection, sentence, c lause 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.
21-152
Resolution No. 2025-
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution .
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 .
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 .
ADOPTE D this 9th day of September 2025.
ATTEST :
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY A ORNEY'S OFFIC
Joe Stapleton
Mayor
Attachment E
Draft Ordinance – Adopting the California Fire Code
21-153
21-154
25ORDINANCE NO. 2025-_
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 2025 EDITION OF THE
CALIFORNIA FIRE CODE, WITH LOCAL AMENDMENTS
WHEREAS , Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California ("State");
WHEREAS , pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("BSC") has approved the adoption of new model codes relating to design and constructio n for the protection of life and property; WHEREAS, the 2025 Edition of the California Fire Code ("CFC") is based on the 2024 International Fire Code. The CFC published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in effect by January 1, 2026. To include local amendments and enhance life safety and property protection , the City must complete its adoption process thirty (30) days prior to implementation. The adoption of the 2025 CFC into the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of the 2025 CFC by the City's Building Official and Fire Code Official; WHEREAS, local jurisdictions may amend the California Building Standards Code, which includes the 2025 CFC, as necessary to mitigate differences caused by local topographical , geographical , and climatic conditions. In accordance with California Health and Safety Code Section 17958. 7, any modifications made via local ordinance must be filed, along with the findings thereto, with the BSC. These local changes will be incorporated into Title 9 of the NBMC;
WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the State code that are correlated with the findings in Resolut ion No. 2025-59 adopted by the City Council of the City on September 9, 2025. When approved , the ordinance and accompa nying resolution will be forwarded to the BSC and the California Department of Housing and Commun ity Development as required by state law; 21-155
Ordinance No. 2025-
WHEREAS , all prior references to the former Newport Beach Fire Code shall be construed to apply to the corresponding provisions of the Newport Beach Fire Code contained herein; and
WHEREAS , the 2025 Edition of the California Fire Code is similar to the 2022 version; the attached ordinance contains similar provisions as adopted by the City Council in 2022. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended .
NOW THEREFORE , the City Council of the City of Newport Beach ordains as follows:
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its entirety and amended to read as follows:
Sections:
Chapter 9.04
FIRE CODE*
9.04.01 O Adoption of the 2025 California Fire Code.
9.04.020 Amendment of Section 110.6 Overcrowding .
9.04.030 Amendment of Section 113.4 Violation Penalties.
9.04.040 Amendment of Section 114.4 Failure to Comply.
9.04.050 Amendment to Section 202 Definitions.
9.04.060 Amendment to Section 305 Ignition Sources.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
9.04.080 Amendments to Section 308.1.1 Where Prohibited.
9.04.090 Amendments to Section 308.1.7 Sky Lanterns.
9.04.100 Addition of Section 324 Geological Surveys.
9.04.110 Amendments to Section 503.2.1 Dimensions.
9.04.120 Amendments to Section 503.2.4 Turning Radius.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
9.04.140 Amendments to Section 503.2.7 Grade.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160 Amendments to Section 503.6 Security Gates.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
9.04.180 Amendments to Section 506 Key Box Contents.
9.04.190 Amendments to Section 510.1 Emergency Responder Communications Enhancement Systems in New Buildings.
9.04.200 Reserved.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation . 21-156
Ordinance No. 2025-
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance .
9.04.260 Addition of Section 511.1 Building Information.
9.04.270 Amendments to Section 903.2 Where Required.
9.04.280 Amendme nts to Section 903.2.8 Group R.
9.04.290 Amendme nts to Section 903.3 Installation Requirements.
9.04.300 Amendments to Section 907.1 General.
9.04.31 O Amendments and Additions to Section 912.1 Fire Department Connections .
9.04.320 Amendments to Section 912.2 Location.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
9.04.340 Reserved.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370 Amendments to Section 3604.2 Standpipes.
9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400 Amendments to Section 5004.1 Scope.
9.04.410 Amendments to Section 5601.1.2 Explosive Material Terminals.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440 Amendments to Section 5704.2.11 .1 Underground Tanks.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460 Amendments to Appendix B Fire-Flow Requirements for Buildings.
9.04.470 Fire Hazard Severity Zone.
Section 9.04.010 Adoption of the 2025 California Fire Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the California Fire Code 2025 Edition, and the whole thereof including the matrix adoption tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N, and all national code and standards referenced therein, based on the 2024 International Building Code, as published by the International Code Council.
The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the "Newport Beach Fire Code." A copy of the 2025 Fire Code, printed in code book form, shall be kept on file in the office of the fire code official and building official and made available for public inspection.
Section 9.04.020 Amendm ent of Section 110.6 Overcrowd ing. 21-157
Section 110.6 Overcrowding is amended to read as follows:
Ordinance No. 2025-_
1010.6 Overcrowding . Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official or their designee, on finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or on finding any condition that constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area.
Section 9.040.030 Amendment of Section 113.4 Violation Penalties.
Section 11 3.4 is amended to read as follows, with all related subsections remaining unchanged unless specifically modified by this ordinance:
113.4 Violation Penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty and liable in accordance with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 114.4 Failure to Comply.
Section 114.4 is amended to read as follows:
Section 114.4 Failure to Comply . Any person who continues 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 liable to criminal prosecution, a fine in accordance with the Newport Beach Municipal Code Title One 1.04.010 "Violation, Penalties and Enforcement," injunctive relief and/or any other
judicial remedy available pursuant to state or federal law Section 9.040.050 Amendment to Section 202 Definitions .
Section 202 is amended to add the following definitions to read as follows:
21-158
Ordinance No. 2025-_
CUL-DE-SAC: A street closed at one end, with a circular terminus at the closed end to allow vehicles to turn around.
DEFENSIB LE SPACE: Defensible space is an area either natural or man made, where plant materials and natural fuels have been treated, reduced, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress fire and protect structure(s).
DOCK : A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification.
Fuel modification plans show the area and location of all hardscape/softscape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in combustible vegetation.
FUEL MODIFICATION ZONE: A specific area where vegetation has been removed, planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures.
Vegetation includes native and ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adequately spaced drought-tolerant and fire-resistant species, and thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE : Any geographical area designated by the Fire Chief in which structures directly abut a wildland space on one or more sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE:
A geographical area designated in accordance with California Government Code Section 51179, and by ordinance adopted by the City Council, which contains the type and condition of vegetation, topography, 21-159
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climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Government Code Section 51179.
WILDLAND FUELS: Any combustible material in a wildland area.
9.04.060 Amendment to Section 305 Ignition Sources.
Section 305 is amended by adding the following:
305.6 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 1 O feet (3.048 m) of a chimney outlet, shall be cut down and removed by the property owner or responsible person. Vegetation modification requirements in wildland-urban interface areas shall be in accordance with Section 4901 et seq. of this code.
305.7 Clearance of Brush or Vegetation Growth from Roadways. The fire code official is authorized to cause areas within ten (10) feet (3.048 m) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be free of flammable vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
305.8 Abatement.
305.8.1.1 Authority to Declare Nuisance and Abate. If and when the fire code official determines that uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard, the fire code official may, by written notice, direct the removal thereof by following the procedures outlined in Title 10, Chapter 10.48 of the Newport Beach Municipal Code. As authorized by Chapter 10.48, the City may take further action which may include: (1) the City, or its contractor, may enter upon 21-160
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the parcel of land and remove or otherwise eliminate or abate the hazard; (2) that upon completion of such work the cost thereof, including Nuisance Abatement Services, can be billed to the property owner or responsible person, or can become a special assessment against that parcel; and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel.
305.8.1.2 Emergency Private Property Abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior to the abatement , the fire code official shall attempt to contact the property owner or responsible person to inform the property owner or responsible owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner or responsible person information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination as provided in Section 15.80 of the Newport Beach Municipal Code.
305.8.1.3 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards pursuant to Section 305.8.1.2 of this chapter shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the City Council shall be assessed against each parcel for City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the City Council for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the Office of the City Clerk.
The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 38773.5. The property owner or responsible person may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the 21-161
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mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. The decision of the Fire Chief shall be final.
If the total assessment determined as provided for in this section is not paid within thirty (30) calendar days after mailing of such notice or after a decision has been rendered on any appeal, the property owner or responsible person shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in Section 38773.5 of the Government Code which is incorporated herein by this reference.
305.8.1.4 Other Abatement Procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, Camp, and Recreational Fires. No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Where Prohibited.
Section 308.1.1 is amended by adding Section 308.1.1:
Section 308.1.1.1 Fireplace. No fireplace that uses flammable or combustibl e liquid as a fuel source shall be allowed inside or outside a structure , except outside for R3 occupancy is allowed.
9.04.090 Amendments to Section 308.1.7 Sky Lanterns.
Section 308.1. 7 is amended as follows:
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308.1. 7 Sky Lanterns . A person shall not use or release any sky lantern in the City.
9.04.100 Addition of Section 324 Geological Surveys.
Section 324 is added as follows:
SECTION 324 GEOLOGICAL SURVEYS
324.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors.
324.2 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state-licensed and department approved individual or firm, on any parcel of land to be developed which:
1. Is within one thousand (1,000) feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage;
2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or
3. Modifies an existing system.
9.04.110 Amendments to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty (20) feet (6.1 m) and shall not be less than twenty six (26) feet (7.92 m) within thirty (30) feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6.Roads shall have an unobstructed vertical clearance of not less than thirteen ( 13) feet, six (6) inches ( 4.1 m).
9.04.120 Amendments to Section 503.2.4 Turning Radius.
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503.2.4 Turning Radius. The turning radius for fire apparatus access roads shall have at least a twenty (20) feet (6.1 m) inside radius and forty (40) feet (12.2m) outside radius.
Exception: Cul-de-sacs with center obstructions may require larger turning radius as approved by the fire code official.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of one hundred and fifty (150) feet (60.96 m) in length shall be provided with an approved cul-de-sac for turning around fire apparatus without backing up.
9.04.140 Amendments to Section 503.2.7 Grade .
Section 503.2. 7 is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten (10) percent.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic Calming Devices . Any traffic calming devices in required access roadways when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Policy.
9.04.160 Amendments to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
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Section 503.6 Security Gates. Vehicle access gates or barriers installed across a fire apparatus access road shall be in accordance with the City's Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or required as a point of access shall have at least fourteen (14) feet (4.27 m) unobstructed width. This minimum width may be increased depending on the length of the approach. Electric gate operators, where provided, shall be listed in accordance with UL 325.
Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification . All multi-unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than six inches (152 mm) in height with a one-inch (25 mm) stroke. Address numbers shall contrast w ith their background, and shall be either internally or externally illuminated to be visible at night.
All multi-unit residential and commercia l buildings shall have numbers or addresses place above or immediately adjacent to all doors that allow fire department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key Box Contents . When a key box is required the following types of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or exterior of the building.
B. Keys to locked mechanical equipment rooms.
C. Keys to locked electrical rooms.
D. Keys to elevator controls.
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E. Keys to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Communications Enhancement Systems in New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency Responder Communications Enhancement
Systems in New Buildings. Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the City , measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.
The emergency responder radio coverage system shall comply with the requirements of the Orange County Sheriff's Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.
9.04.200 Reserved.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
Section 510.4.2.2 is amended to read as follows:
510.4.2.2 Technical Criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information, including:
1. The frequency range supported from the 800MHz Countywide Communications System shall be 851-824 MHz (base
transmitter frequencies).
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2. The frequency range supported from the 800MHz Countywide Communications System shall be 806-824 MHz (radio field transmit frequencies).
3. The public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35dB.
4. All system components must be one hundred (100) percent compatible with analog and digital modulations after
installation, without adjustments or modifications. The systems must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection.
6. All active in-building coverage devices shall be Federal Communications Commission Part 90 certified.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
Section 510.5.2 is amended to read as follows:
510.5.2 Approval Prior to Installation . Amplification systems capable of operating on frequencies licensed to any public safety agency by the Federal Communications Commission shall not be installed without prior plan submittal, coordination, and approval from the Orange County Sheriff's Department Communications Division; with a copy provided to the fire and building code official.
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
Section 510.5.3 is amended to read as follows:
510.5.3 Minimum Qualifications of Personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following:
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1. A valid Federal Communications Commission-issued general radio operators license.
2. Certification of in-building system training issued by, a nationally recognized organization, school or a certificate issued by the manufacturer of the equipment being installed.
9.04.240 Amendments to Section 510.5 .4 Acceptance Test Procedure .
Section 510.5.4 is amended to read as follows:
510.5.4 Acceptance Test Procedure. When an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested by a qualified Federal Communications Commission licensed third party technician to ensure that mo-way coverage on each floor of the building is not less than a minimum of ninety-five (95) percent. The test procedure shalt be conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and Proof of Compliance . The owner of the building or their representative shall have the emergency responder radio coverage system inspected and tested annually or whenever structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:
1. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. In-building system components shall be tested to determine general function operability. If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications, and the fire and building code official.
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2. Backup batteries and power supplies shall be tested under load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the integrity of the battery can be determined.
3. All other active components shall be checked to verify operation within the manufacturer 's specifications.
4. At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.4, shall be submitted to Orange County Sheriff's Department Communications and the fire and building code official.
9.04.260 Addition of Section 511.1 Building Information .
Section 511 .1 is added to read as follows:
511.1 Building Information . The fire code official is authorized to require a cabinet for onsite storage of pre-plans and other building information that is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the following locations: "Building Area" as used in this section shall mean gross building area enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire
extinguishing system shall also be installed in all occupancies when the total building area exceeds five thousand (5,000) square feet ( 465 m2), unless more restrictive requirements are required by other provisions of the code.
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2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when any of the following conditions exists:
a. When an addition is fifty (50) percent or more of the existing building area and the resulting building area exceeds five thousand (5,000) square feet (465 m2).
b. When an additional story is added above the second floor regardless of fire areas or allowable area.
c. When an addition is added and the existing building is already provided with an automatic fire sprinkler system. d. More restrictive requirements are required by other
provisions of the code.
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. An addition when the increase in building size is 2,000 sq. ft. or more and exceeds fifty (50) percent of the area of the existing structure.
b. An addition, when the existing building is already provided with an automatic sprinkler system.
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c. As determined for new construction per Section 102.4.
Exception s:
1 . Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.
3. 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.
4. 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.
5. Pursuant to Health and Safety Code, Section 13113,
occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.
6. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with Sections 504.2 or 506.3 of the California Building Code, an automatic sprinkler system 21-171
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installed in accordance with Section 903.3.1 .3 shall be allowed in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements .
Section 903.3 is amended to read as follows:
903.3 Installation Requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8 and in accordance with City's Guidelines and Standards F.02 Fire Sprinkler System Design Pressure.
9.04.300 Amendme nts to Section 907 .1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
907 .1.6 System Design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the building fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible indicator that displays the status of the detector. When a detector is located in a space above a drop ceiling, an indicating light shall be provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm system capable of showing the approximate location of all activating devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted 21-172
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OSHA safety red unless otherwise approved by the fire code official.
When the fire flow demand of a sprinkler system is 500 gpm or greater, including the interior hose stream demand if a standpipe system is installed, four (4) two and one half (2 1/2") inlets shall be provided.
9.04.320 Amendments to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connection shall be no more than one hundred (100) feet (30.48 m) from a public hydrant. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. The location of fire department connections shall be approved by the fire code official.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
Section 1203.1 .1 is amended to add Section 1203.1 .1 .1 to read as follows:
1203.1.1.1 Emergency Power Outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 1203.2 of the California Fire Code in every fire control room and in other areas as may be designated by the fire code official. Emergency outlets shall be placed in the following locations:
1. In the main exit corridor of each floor adjacent to each exit enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
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6. In such other areas as may be designated by the fire code official.
9.04.350 Amendments to Section 3603.6 Berthing and Storage .
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple Berthing and Vessel Rafting. All vessels in marinas shall be arranged such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam.
2. Vessels with beams of less than fourteen ( 14) feet are permitted to have a tender or dinghy, up to a maximum of fourteen (14) feet in length, tied to the vessel's stern.
Section 3603.6.2 Permitted Multiple Berthing. A permit may be issued for multiple berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire. b. The person is responsible for moving the vessels.
c. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided.
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2. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time, which shall be approved by the fire code official and per City's Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special Events.
9.04.360 Amendments to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves , docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums , docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing vessels, and marine motor vehicle fuel-dispensing facilities stations shall be equipped with fire protection equipment in accordance with Sections 3604.2 through 3604.6.
9.04.370 Amendments to Section 3604.2 Standpipes .
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes . When any portion of a pier, marina, wharf, dock, or float is more than one hundred fifty (150) feet from a fire apparatus access road, it shall be equipped with a C lass Ill standpipe system installed in accordance with NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and Piers.
9.04.380 Reserved.
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official.
9.04.400 Amendments to Section 5004.1 Scope.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
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5004.1.1 Maximum Quantity On Site. No person shall use or store any amount of Extremely Hazardous Substances (EHS) equal to or greater than the amounts disclosed as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to property developed with residential uses, unless approved mitigation measures are implemented and maintained, as required by the fire code official.
9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Explosive Materials Terminals. No person shall store explosives or blasting agents anywhere in the City unless the fire code official has issued a permit authorizing use and/or storage.
9.04.420 Amendments to Section 5601. 1.3 Fireworks .
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle fireworks 1.4G, (commonly referred to as "Safe and Sane") and fireworks
1.3G anywhere in the City.
Exception: Fireworks 1 .4G and fireworks 1.3G may be part of an electronically fired public display when permitted by the fire code official and conducted by a licensed pyrotechnic operator.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail Display: Persons shall not conduct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, private property, public properties anywhere in the City.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks. 21-176
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Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as defined in Section 20.14.020 of the Newport Beach Municipal Code.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows:
5706.4 Bulk Plants or Terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers are prohibited within the boundaries of the City except as permitted by the fire code official. Approved installations shall comply with Sections 5706.4.1 through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire-Flow Requirements for Buildings .
Section 8105.2 of Appendix B Fire-Flow Requirements for Buildings is amended to read as follows:
B105.2 Buildings Other Than One-and Two- Family Dwellings , Group R-3 and R-4 buildings and townhouses . The minimum fire-flow and flow-duration for buildings other than one-and two-family dwellings , shall be as specified in Tables B105.1(1)
Exception : A reduction in required fire flow of up to fifty (50) percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 Umin .) for the prescribed duration as specified in Table 8105. 1 (2).
9.04.470 Fire Hazard Severity Zone.
Section 9.04.070 is amended to read as follows:
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Pursuant to Ordinance No. 2025-11, the City Council designated those areas identified on the map attached to the ordinance codified in this section, which is on file with the City Clerk and available electronically on the City website, as Fire Hazard Severity Zones which include Moderate, High and Very High Fire Hazard Severity Zones.
Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. In the event that any part of this ordinance is found to be invalid or unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert to the version that was in effect immediately prior to the adoption of this ordinance.
Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this ordinance is exempt from the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3}, the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This ordinance itself does not authorize development that would directly result in physical change to the environment.
Section 5: Except as expressly modified in this ordinance or the ordinance adopting the Newport Beach Wildland Urban Interface Code Ordinance No. 2025-25, all other Sections, Subsections, terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) and the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect.
21-178
Ordinance No. 2025-_
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance and the City Clerk shall cause the same to be published pursuant to City Charter Section 414 and California Government Code Section 50022.1 et seq. This ordinance shall take effect on January 1, 2026, pursuant to California Health and Safety Code Sections 17958 and 18941.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of September, 2025, and adopted on the 23rd day of September, 2025, by the following vote, to-wit:
AYES: ------- ----------------
NAYS: --------- --------------
ABSENT: ----------- -----------
Joe Stapleton, Mayor
ATTEST :
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A ~ C. «---
I
Aaron C. Harp, City Attorney
Attachment: Section 9.04.470 Local Agency Very High Fire Hazard Severity Zone Map City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Protection mak
e no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified b
y the Office of the State Fire Marshal
as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to pre
vail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderat
e, high,
and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:71,000 at 11" x 1
7"
0 1 2 3 4 5Km
0 1 2 3Mi
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1
, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the Stat
e Fire Marshal
Newport Beach
UNINCORPORATED
ORANGE CO.
UNINCORPORATED
ORANGE CO.
Macarthur
Blvd
Jamboree Rd
55 73
1 COSTA MESA
FOUNTAIN
VALLEY
HUNTINGTON
BEACH
IRVINE
LAGUNA BEACH
SANTA ANA TUSTIN
O R A N G E C O .
March 24, 2025
As Identified by the
State Fire Mar
shal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF NEWPORT BEACH – ORANGE COUNTY
21-179
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Attachment F
Draft Ordinance – Adopting the California Wildland-U rban Interface Code 21-180
21-181
25ORDINANCE NO. 2025-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
9.07 (WILDLAND URBAN INTERFACE CODE) TO TITLE 9
OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT
THE 2025 EDITION OF T HE CALIFORNIA WILDLAND
URBAN INTERFACE CODE, WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"). vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California ("State");
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("SSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property; WHEREAS, the 2025 Edition of the California Wildland Urban Interface Code ("CWUI") is based on the 2024 International Wildland Urban Interface Code. The CWUI published by the SSC in Title 24, Part 7 of the California Code of Regulations must be in effect by January 1, 2026. To include local amendments and enhance life safety and property protection, the City must complete its adoption process thirty (30) days prior to implementation. The adoption of the 2025 CWUI into the Newport Beach Municipal Code ("NBMC") provides for an orderly administration of the 2025 CWUI by the City's Building Official and Fire Code Official;
WHEREAS , local jurisdictions may amend the California Building Standards Code, which includes the 2025 CWUI, as necessary to mitigate differences caused by local topographical , geographical , and climatic conditions. In accordance with California Health and Safety Code Section 17958. 7, any modifications made via local ordinance must be filed, along with the findings thereto, with the BSC. These local changes will be incorporated into Title 9 of the NBMC;
WHEREAS , to aid in efficiency and clarity, portions of Title 9 are amended in their entirety as indicated in this ordinance and replaced with each of these modifications to the State code that are correlated with the findings in Resolution No. 2025-59 adopted by the City Council of the City on September 9, 2025. When approved , the ordinance and accompanying resolution will be forwarded to the SSC and the California Department of Housing and Community Development as required by state law; 21-182
Ordinance No. 2025-_
WHEREAS , all prior references to the former Newport Beach Fire Code pertaining to the Wildland Urban Interface shall be construed to apply to the corresponding provisions of the Newport Beach Wild land Urban Interface Code contained herein; and WHEREAS , the 2025 Edition of the Wildland Urban Interface Code is similar to the 2022 version of the California Fire Code, California Building Code Chapter 7 A and California Residential Code R337; the attached ordinance contains similar provisions as adopted by the City Council in 2022.
NOW THEREFORE , the City Council of the City of Newport Beach ordains as follows:
Section 1: Chapter 9.07 of the Newport Beach Municipal Code is hereby added to Title 9 Fire Code and shall read as follows:
Chapter 9.07
WILDLAND URBAN INTERFACE CODE*
Sections:
9.07.010 Adoption of the 2025 California Wildland Urban Interface Code.
9.07.020 Amendment of Section 101.3.1 Application .
9.07.030 Amendment of Section 101.3.1.1 Application Date and Where Required.
9.07.040 Amendment of Section 202 Definitions.
9.07.050 Addition of Section 303.3 Fuel Modification Zone.
9.07.060 Amendment to Section 501 .1 Scope.
9.07.070 Amendment to Section 503.1 General.
9.07.080 Amendments to Section 504.11.5 Miscellaneous Structures Located 3 Feet or More but Less than 50 Feet.
9.07.090 Addition of Section 602.4 Fuel Modification Plans.
9.07.100 Addition of Section 604.6 Maintenance of Fuel Modification Zones.
9.07.110 Combustible Construction Prohibited.
9.07.120 Adoption of Appendix A in its Entirety Except Sections A-102.3 - A102.3 .2.2.
Section 9.07 .010 Adoption of the 2025 California Wildland Urban Interface Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2025 Edition of the California Wild land-Urban Interface Code, and all national code and standards referenced therein, based on the 2024 International Wildland-Urban Interface Code, as published by the International Code Council. 21-183
Ordinance No. 2025-
The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the "Newport Beach Wildland-Urban Interface Code." A copy of the 2025 California Wildland-Urban Interface Code, printed in code book form, shall be kept on file in the office of the fire code official and building official and made available for public inspection.
Section 9.07.020 Amendment of Section 101.3.1 Application.
Section 101.3.1 Application is amended to read as follows:
Section 101.3.1. Application is amended by deleting exception No. 5 in its entirety.
Section 9.07.030 Amendment of Section 101.3.1.1 Application Date and Where Required.
Section 101.3.1.1 Application Date and Where Required is amended to read as follows:
Section 101 .3.1.1 Application Date and Where Required is amended by deleting Exception No. 2 in its entirety.
Section 9.07 .040 Amendment of Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
FUEL MODIFICATION PLAN: An approved plan which ident ifies specific fuel modification zones within a property are subject to fuel modification. Fuel modification plans show the area and location of all hardscape /softscape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in combustible vegetatio n.
FUEL MODIFICATION ZONE : A specific area where vegetation has been removed , planted, or modifi ed in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures. Vegetation includes native and ornamental plants, non native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total 21-184
Ordinance No. 2025-_
replacement of existing plants with adequately spaced drought tolerant and fire-resistant species and thinning of existing native or ornamental species.
UNENCLOSED COVERED STRUCTURE. Includes covered structures with a solid or open roof and no more than one side closed.
Section 9.07.050 Addition of Section 303.3 Fuel Modification Zone.
Section 303.3 is hereby added as follows:
Section 303.3 Fuel Modification Zone. A specific area where vegetation has been removed , planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire , improve the defensible space around the structure for firefighting activities , and prevents direct flame contact with structures . Vegetation includes native and ornamental plants , non-native naturalized annual grasses , and other invasive or naturalized species . Fuel modificat ion activities can include removal , partial or total replacement of existing plants with adequately spaced drought-tolerant and fire-resistant species and thinning of existing native or ornamental species .
Section 9.07 .060 Amendment to Section 501 .1 Scope
Section 501.1 is amended to read as follows:
Section 501.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of buildings including one-and-two family dwellings locating with a Fire Hazard Severity Zone or Wildland Urban I nterface area as defined in Section 202.
Section 9.07.070 Amendment to Section 503.1 General.
Section 503.1 is amended to read as follows:
Section 503.1 General is amended by deleting Exception No. 2 in its entirety.
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Ordinance No. 2025-
Section 9.07.080 Amendment to Section 504.11.5 Miscellaneous Structures Located 3 Feet or More but Less than 50 Feet.
Section 504.11 .5 is amended to read as follows:
Section 504.11.5 Miscellaneous Structure Requirements Located 3 Feet or More but Less than 50 Feet. Miscellaneous structures that require a permit and are separated from an applicable building on the same lot by a distance of more than three (3) feet but less than fifty (50) feet from an applicable building shall be constructed of noncombustible materials or of ignition-resistant construction described in Sections 504.1 -504.11.6.
Section 9.07 .090 Addition of Section 602.4 Fuel Modification Plans.
Section 602.4 is hereby added as follows:
Section 602.4 Fuel Modification Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a building permit. The plans shall be developed using the criteria set forth in the City's Guidelines and Standa rds G.02 "Fuel Modification Plans and Maintenance Standard. "
Section 9.07.100 Addition of Section 604.6 Maintenance of Fuel Modification Zones.
Section 604.6 is hereby added as follows:
Section 604.6 Maintenance of Fuel Modification Zones . Fuel Modification Zones not in comp liance with the City's respective guidelines and standards shall constitute a fire hazard .
Section 9.07.110 Combustible Construction Prohibited .
Section 9.07.110 is amended to read as follows:
Section 9.07 .110 Combustible Construction Prohibited. No attached or detached buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the twenty (20) foot Zone A setback, as described in City's Guidelines and Standards G.02 "Fuel Modification 21-186
Plans and Maintenance Standard" unless completely constructed of non combustible materials.
Section 9.07.120 Adoptio n of Appendix A in its Entirety Except Sections A-102.3 - A 102.3.2.2
Section 9.07.120 is hereby added as follows:
Section 9.07 .120 Appendix A is adopted in its entirety except Sections A-102 .3 -A 102.3.2.2.
Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. In the event that any part of this ordinance is found to be invalid or unconstitutional, the affected section, subsection, sentence, clause or phrase shall revert to the version that was in effect immediately prior to the adoption of this ordinance.
Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this ordinance is exempt from the CEQA pursuant to State CEQA Guidelines Section 15061 (b )(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This ordinance does not authorize development that would directly result in physical change to the environment.
Section 5: Except as expressly modified in this ordinance or the ordinance adopting the Newport Beach Fire Code Ordinance No. 2025-24, all other Sections, Subsections, terms, clauses and phrases set forth in Title 24, Part 7 (California Wildland Urban Interface Code) and the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2025-