Chapter 15.04
BUILDING CODE*

Sections:

15.04.010    Adoption of the 2016 California Building Code.

15.04.020    Amendment to Section 105.2.

15.04.030    Amendment to Section 701A.1.

15.04.040    Amendment to Section 701A.3.

15.04.050    Amendment to Section 701A.3.1.

15.04.060    Amendment to Section 702A.

15.04.070    Amendment to Section 708A.

15.04.080    Amendment to Section 708A.2.1.

15.04.090    Amendment to Section 710A.

15.04.100    Amendment to Section 902.

15.04.110    Amendment to Section 903.2.

15.04.120    Amendment to Section 903.2.8.

15.04.130    Amendment to Table 1505.1.

15.04.140    Amendment to Section 1505.1.3.

15.04.150    Amendment to Section 1704.2.1.

15.04.160    Add Section 1812 Earth Retaining Shoring.

15.04.170    Amendment to Section 1905.1.7.

15.04.180    Amendment to Section 3109.4.4.2.

*    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, 2011-5 and 2013-24; Res. 8265.

15.04.010 Adoption of the 2016 California Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2016 Edition of the California Building Code, Volumes 1 and 2, including Section 1812A, Appendix C, I, and California Code of Regulations Title 24 Part 8 and Part 10 and all national codes and standards referenced therein, based on the 2015 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 chapter, shall constitute and be known as the Newport Beach Building Code. A copy of the 2016 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. 2016-17 § 3 (part), 2016)

15.04.020 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. 2016-17 § 3 (part), 2016)

15.04.030 Amendment to Section 701A.1.

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

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

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

(Ord. 2016-17 § 3 (part), 2016)

15.04.040 Amendment to Section 701A.3.

Section 701A.3 is amended by deleting Exception #4 in its entirety. (Ord. 2016-17 § 3 (part), 2016)

15.04.050 Amendment to Section 701A.3.1.

Section 701A.3.1 is amended by deleting Exception #2 in its entirety. (Ord. 2016-17 § 3 (part), 2016)

15.04.060 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. 2016-17 § 3 (part), 2016)

15.04.070 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; and

6. Skylights

(Ord. 2016-17 § 3 (part), 2016)

15.04.080 Amendment to Section 708A.2.1.

Section 708A.2.1 is amended to read as follows:

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. 2016-17 § 3 (part), 2016)

15.04.090 Amendment to Section 710A.

Section 710A is amended to read as follows:

SECTION 710A ACCESSORY STRUCTURES

Section 710A.3 Where required. 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. 2016-17 § 3 (part), 2016)

15.04.100 Amendment to Section 902.

Section 902 is amended by adding:

BUILDING AREA as used in this chapter shall mean gross building area enclosed within exterior walls.

(Ord. 2016-17 § 3 (part), 2016)

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:

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

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 any of the following conditions exists:

a) When an addition is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2),

b) When an 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.

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

(Ord. 2016-17 § 3 (part), 2016)

15.04.120 Amendment to Section 903.2.8.

Section 903.2.8 is amended to read as follows:

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

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

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

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. 2016-17 § 3 (part), 2016)

15.04.130 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
1

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.

(Ord. 2016-17 § 3 (part), 2016)

15.04.140 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. 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 B.

(Ord. 2016-17 § 3 (part), 2016)

15.04.150 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. 2016-17 § 3 (part), 2016)

15.04.160 Add Section 1812 Earth Retaining Shoring.

Section 1812 is added to read as follows:

1812: Earth Retaining Shoring. Shoring shall meet the requirements of Section 1812A Earth Retaining Shoring.

(Ord. 2016-17 § 3 (part), 2016)

15.04.170 Amendment to Section 1905.1.7.

Section 1905.1.7 is amended by deleting Exceptions 1 through 3 in their entirety. (Ord. 2016-17 § 3 (part), 2016)

15.04.180 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 at least one of the following 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. 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. 2016-17 § 3 (part), 2016)