Chapter 15.04
BUILDING CODE

Sections:

15.04.010    Adoption of the California Building Code.

15.04.020    Amendment to Section 105.2.

15.04.030    Amendment to Section 701A.1.

15.04.040    Amendment to Section 701A.3.

15.04.050    Amendment to Section 701A.3.1.

15.04.060    Amendment to Section 702A.

15.04.070    Amendment to Section 710A.3.3.

15.04.080    Amendment to Section 903.2.

15.04.090    Amendment to Section 903.2.8.

15.04.100    Amendment to Section 1030.1 Exception 6.

15.04.110    Amendment to Table 1505.1.

15.04.120    Amendment to Section 1505.1.3.

15.04.130    Amendment to Section 1612.3.

15.04.140    Amendment to Section 1704.2.1.

15.04.150    Amendment to Section 1905.1.7.

15.04.010 Adoption of the California Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2019 Edition of the California Building Code, Volumes 1 and 2, including Appendices C and I, and California Code of Regulations Title 24 Parts 8 and 10 and all national codes and standards referenced therein, based on the 2018 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 2019 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. 2019-17 § 3 (part), 2019)

15.04.020 Amendment to Section 105.2.

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

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

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

9. Private swimming pools, hot tubs spas, or water features containing less than 18 inches of water depth; unless otherwise required by other provisions of the code.

(Ord. 2019-17 § 3 (part), 2019)

15.04.030 Amendment to Section 701A.1.

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

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

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

(Ord. 2019-17 § 3 (part), 2019)

15.04.040 Amendment to Section 701A.3.

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

15.04.050 Amendment to Section 701A.3.1.

Section 701A.3.1 is amended by deleting Exception No. 2 in its entirety. (Ord. 2019-17 § 3 (part), 2019)

15.04.060 Amendment to Section 702A.

Section 702A is amended to include the definition of “Unenclosed Covered Structure” 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. 2019-17 § 3 (part), 2019)

15.04.070 Amendment to Section 710A.3.3.

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

Section 710A.3.3 Detached miscellaneous structure requirements. Detached miscellaneous structures that are installed at 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.

(Ord. 2019-17 § 3 (part), 2019)

15.04.080 Amendment to Section 903.2.

The first and second sentences of Section 903.2 titled “Where required” and “Exception:” are amended to read as follows, with all other subsections remaining unchanged unless otherwise modified by this section:

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

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

Exceptions:

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

2. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than one hour fire barriers constructed in accordance with Section 707 or not less than 2 hours horizontal assemblies constructed in accordance with Section 711, or both.

2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when any of the following conditions exists:

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

b) When an 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.

e) Where a tenant space in an existing building requires to sprinklers due to the nature of occupancy use, the entire building shall require sprinklers unless other provisions of the code(s) are applied to create distinct separated buildings, subject to the Fire Code Official and Chief Building official approval.

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

(Ord. 2019-17 § 3 (part), 2019)

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 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 subject to approval of the Fire Code Official.

(Ord. 2019-17 § 3 (part), 2019)

15.04.100 Amendment to Section 1030.1 Exception 6.

Exception 6 in Section 1030.1 is amended to read as follows:

6. Within individual dwelling and sleeping units in Group R-2 where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

6.1. One means of egress and one emergency escape and rescue opening.

6.2. Two means of egress.

6.3. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code.

(Ord. 2019-17 § 3 (part), 2019)

15.04.110 Amendment to Table 1505.1.

Table 1505.1 is amended to read as follows:

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
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. 2019-17 § 3 (part), 2019)

15.04.120 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. 2019-17 § 3 (part), 2019)

15.04.130 Amendment to Section 1612.3.

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

Section 1612.3 Establishment of the flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal 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. 2019-17 § 3 (part), 2019)

15.04.140 Amendment to Section 1704.2.1.

Section 1704.2.1 is amended to read as follows:

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

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

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

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

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

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

(Ord. 2019-17 § 3 (part), 2019)

15.04.150 Amendment to Section 1905.1.7.

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