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.

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 chapter, 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. (Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.020 Amendment to Section 105.2.

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

2. Masonry or concrete fences not over 3.5 feet (1066.8 mm) high above lowest adjacent grade and not within 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.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.030 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.040 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.050 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.060 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.070 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.080 Amendment to Section 903.2.

Section 903.2 is amended to read as follows:

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

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

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.090 Amendment to Section 903.2.8.

Section 903.2.8 is amended to read as follows:

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

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

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

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.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.100 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

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 CONSTRUCTIONa

IA

IB

IIA

IIB

IIIA

IIIB

IV

VA

VB

B

B

B

B

B

B

B

B

B

a Unless 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.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.120 Amendment to Section 1505.1.2.

Section 1505.1.2 is amended to read as follows:

Section 1505.1.2 Roof coverings within all other areas 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, 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.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.130 Amendment to Section 1612.3.

Section 1612.3, first paragraph, is amended to read as follows:

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

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.140 Amendment to Section 1704.2.1.

Section 1704.2.1 is amended to read as follows:

Section 1704.2.1 Special Inspector Qualifications. The special inspector shall be a qualified person approved by the 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 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.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)

15.04.150 Reserved.

(Ord. 2025-23 § 3, 2025; Ord. 2022-26 § 3, 2022)