Chapter 15.04
BUILDING CODE*

Sections:

15.04.010    Adoption of the 2013 California Building Code.

15.04.020    Deletion of Section 104.10.1.

15.04.030    Amendment to Section 105.2.

15.04.040    Amendment to Section 403.4.9.1.

15.04.050    Amendment to Section 701A.1.

15.04.060    Amendment to Section 701A.3.

15.04.070    Amendment to Section 701A.3.1.

15.04.080    Amendment to Section 702A.

15.04.090    Amendment to Section 708A.

15.04.100    Amendment to Section 710A.

15.04.110    Amendment to Section 903.2.

15.04.120    Amendment to Section 903.2.8.

15.04.130    Amendment to Section 907.5.2.2.

15.04.140    Amendment to Section 1505.1.

15.04.150    Amendment to Table 1505.1.

15.04.160    Amendment to Section 1505.1.3.

15.04.170    Amendment to Section 1704.2.1.

15.04.180    Amendment to Section 1905.1.8.

15.04.190    Deletion of Sections 2308.9.3 and 2308.9.3.1.

15.04.200    Deletion of Sections 2308.12.4 and 2308.12.14.1.

15.04.210    Amendment to Section 3109.4.4.2.

15.04.220    Addition of Section 3401.3.1.

*    Prior ordinance history: Ords. 907, 1287, 1450, 1569, 1604, 1682, 1702, 1703, 1773, 1831, 82-22, 90-10, 92-17, 94-12, 95-57, 97-7, 99-14, 2002-20, 2005-5, 2007-19, 2010-23 and 2011-5; Res. 8265.

15.04.010 Adoption of the 2013 California Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2013 Edition of the California Building Code, Volumes 1 and 2, including Appendix C, I, and all national codes and standards referenced therein, based on the 2010 International Building Code, as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Building Code. A copy of the 2013 California Building Code Volumes 1 and 2, printed in code book form, shall be kept on file in the office of the City Clerk. (Ord. 2013-24 § 3 (part), 2013)

15.04.020 Deletion of Section 104.10.1.

Section 104.10.1 is deleted in its entirety. (Ord. 2013-24 § 3 (part), 2013)

15.04.030 Amendment to Section 105.2.

Section 105.2 is amended to read as follows:

Section 105.2 Work exempt from permit.

Buildings 2: Masonry or concrete fences not over 3.5 feet (1,066.8 mm) in height above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade.

(Ord. 2013-24 § 3 (part), 2013)

15.04.040 Amendment to Section 403.4.9.1.

Section 403.4.9.1 is amended to read as follows:

Section 403.4.9.1 Emergency power loads. The following are classified as emergency power loads:

5. Fire alarm systems;

6. Electrically powered fire pumps; and

7. Ventilation and automatic fire detection equipment for smokeproof enclosures.

(Ord. 2013-24 § 3 (part), 2013)

15.04.050 Amendment to Section 701A.1.

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

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

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

(Ord. 2013-24 § 3 (part), 2013)

15.04.060 Amendment to Section 701A.3.

Section 701A.3 is amended to read as follows:

Section 701A.3 Application. New buildings, alterations and additions located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.

2. Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C—Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

(Ord. 2013-24 § 3 (part), 2013)

15.04.070 Amendment to Section 701A.3.1.

Section 701A.3.1 is amended by deleting Exception #2 in its entirety:

Section 701A.3.1 Application date and where required.

(Ord. 2013-24 § 3 (part), 2013)

15.04.080 Amendment to Section 702A.

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

SECTION 702A DEFINITIONS

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

(Ord. 2013-24 § 3 (part), 2013)

15.04.090 Amendment to Section 708A.

Section 708A is amended to read as follows:

SECTION 708A EXTERIOR WINDOWS, DOORS AND SKYLIGHTS

Section 708A.1 General.

Section 708A.2 Exterior glazing. The following exterior glazing materials and/or assemblies shall comply with this section:

1. Exterior windows

2. Exterior glazed doors

3. Glazed openings within exterior doors

4. Glazed openings within exterior garage doors

5. Exterior structural glass veneer

6. Skylights

Section 708A.2.1 Exterior windows, exterior glazed door assembly and skylight assembly requirements. Exterior windows, exterior glazed door assemblies and skylight assemblies shall comply with one of the following requirements:

(Ord. 2013-24 § 3 (part), 2013)

15.04.100 Amendment to Section 710A.

Section 710A is amended to read as follows:

SECTION 710A ACCESSORY STRUCTURES

Section 710A.1 General. Accessory and miscellaneous structures, other than buildings covered by Section 701A.3 shall be constructed to conform to the ignition resistance requirements of this section.

Section 710A.2 Applicability. The provisions of this section shall apply to trellises, arbors, patio covers, carports, gazebos and similar unenclosed covered structures of an accessory or miscellaneous character.

Exceptions:

1. Decks shall comply with the requirements of Section 709A.

2. Awnings and canopies shall comply with the requirements of Section 3105.

Section 710A.3 Where required. Accessory structures shall comply with the requirements of this section.

710A.3.1 Attached accessory structures shall comply with the requirements of this section.

710A.3.2 Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section.

Section 710A.4 Requirements. Accessory structures shall be constructed of noncombustible, ignition-resistant materials, or heavy timber.

(Ord. 2013-24 § 3 (part), 2013)

15.04.110 Amendment to Section 903.2.

Section 903.2 is amended to read as follows:

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

“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 be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2).

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

2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when the total area of the addition and reconstruction is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2).

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

(Ord. 2013-24 § 3 (part), 2013)

15.04.120 Amendment to Section 903.2.8.

Section 903.2.8 is replaced in its entirety:

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

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

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

a. When the total area of addition and reconstruction exceeds 2,000 sq.ft. and exceeds 50% of the area of the existing structure.

b. An addition when the existing building is already provided with automatic fire sprinkler system.

c. As determined for new construction per Section 102.7.

The Chief Building Official may approve alternative methods and materials when an equivalent or greater level of Fire protection is achieved.

(Ord. 2013-24 § 3 (part), 2013)

15.04.130 Amendment to Section 907.5.2.2.

Section 907.5.2.2 is amended to add items 5 and 6 and to read as follows:

Section 907.5.2.2 Emergency voice/alarm communication systems. Emergency voice/alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building’s fire safety and evacuation plans required by Section 404. In high-rise buildings and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows:

1. Elevator groups.

2. Exit stairways.

3. Each floor.

4. Areas of refuge as defined in Section 1002.1.

5. Dwelling units in apartment houses.

6. Hotel guest rooms or suites.

Exception: In Group I-2 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page.

(Ord. 2013-24 § 3 (part), 2013)

15.04.140 Amendment to Section 1505.1.

Section 1505.1 is amended to read as follows:

Section 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building.

Exceptions:

1. Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

2. Membrane structures that comply with Chapter 31.

(Ord. 2013-24 § 3 (part), 2013)

15.04.150 Amendment to Table 1505.1.

Table 1505.1 is amended to read as follows:

TABLE 1505.1
a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

IA

IB

IIA

IIB

IIIA

IIIB

IV

VA

VB

A

A

A

A

A

A

A

A

A

(Ord. 2013-24 § 3 (part), 2013)

15.04.160 Amendment to Section 1505.1.3.

Section 1505.1.3 is amended to read as follows:

Section 1505.1.3 Roof coverings within all other areas. New construction shall have Class A roof covering.

Exception: Class B wood roof covering may be used when:

1. It is a part of Class A roof assembly, and

2. Eaves are boxed 1-Hr assembly, and

3. Fire sprinkler system is provided throughout including attic space.

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

When 50 percent or less of the total roof area is added, altered or replaced within any one-year period, the roof covering applied in the addition, alteration, repair or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class B.

(Ord. 2013-24 § 3 (part), 2013)

15.04.170 Amendment to Section 1704.2.1.

Section 1704.2.1 is amended to read as follows:

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

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

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

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

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

The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as the approved agency and their personnel are permitted to act as the special inspector for the work designed by them, provided they qualify as special inspectors.

(Ord. 2013-24 § 3 (part), 2013)

15.04.180 Amendment to Section 1905.1.8.

Section 1905.1.8 is amended by deleting Exceptions 1 through 3 in their entirety:

Section 1905.1.8 ACI 318, Section 22.19

(Ord. 2013-24 § 3 (part), 2013)

15.04.190 Deletion of Sections 2308.9.3 and 2308.9.3.1.

Deletion of Sections 2308.9.3 and 2308.9.3.1.in their entirety. (Ord. 2013-24 § 3 (part), 2013)

15.04.200 Deletion of Sections 2308.12.4 and 2308.12.14.1.

Deletion of Sections 2308.12.4 and 2308.12.14.1 in their entirety. (Ord. 2013-24 § 3 (part), 2013)

15.04.210 Amendment to Section 3109.4.4.2.

Section 3109.4.4.2. is amended to read as follows:

Section 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as provided in Section 3109.4.4.5, for the protection of the public, residents and their guests, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with a barrier complying with Section 3104.4.4.3 and at least one of the following six drowning prevention safety features:

1. The pool shall be isolated from the access to a home by an enclosure that meets the requirements of Section 3109.4.4.3.

2. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346.

3. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.

4. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor.

5. Sonar swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms.” For purposes of this article, “swimming pool alarms” shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

6. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-3, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME), inclusive, as determined by the Chief Building Official.

(Ord. 2013-24 § 3 (part), 2013)

15.04.220 Addition of Section 3401.3.1.

Section 3401.3.1. is added to read as follows:

Section 3401.3.1 Alternative Compliance. Alterations, repairs, additions and changes of occupancy to existing structures may be designed to comply with the 2013 California Existing Building Code.

(Ord. 2013-24 § 3 (part), 2013)