Chapter 15.05
RESIDENTIAL CODE

Sections:

15.05.010    Adoption of the California Residential Code.

15.05.020    Amendment to Section R101.1.

15.05.030    Amendment to Section R101.2.

15.05.040    Deletion of Sections R102 through R114.

15.05.050    Addition of Section 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(1).

15.05.090    Amendment to Table R301.2(1) Footnote g.

15.05.100    Amendment to Section R301.2.4.

15.05.110    Amendment to Section R309.3.

15.05.120    Amendment of Section R310.1.

15.05.130    Amendment to Section R310.2.3.1.

15.05.140    Deletion of Section R310.2.4.

15.05.150    Amendment to Section R310.3.2.1.

15.05.160    Amendment to Section R311.7.11.

15.05.170    Amendment to Section R311.7.12.

15.05.180    Deletion of Section R313.

15.05.190    Amendment to Section R319.1.

15.05.200    Deletion of Section R322 with the Replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

15.05.210    Amendment to Section R326.

15.05.220    Deletion of Section R337.

15.05.230    Addition of Section R341.

15.05.240    Deletion of Section R401.4.

15.05.250    Deletion of Section R404.

15.05.260    Amendment to Section R405.1.

15.05.270    Addition of Section R409.

15.05.280    Deletion of Section R602.12.

15.05.290    Deletion of Section R902, Roof Classification.

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 2019 Edition of the California Residential Code including Appendix H, and all national codes and standards referenced therein, based on the 2018 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 chapter, shall constitute and be known as the Newport Beach Residential Code. A copy of the 2019 California Residential Code, printed in code book form, shall be kept on file in the office of the City Clerk. (Ord. 2019-17 § 4 (part), 2019)

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.”

(Ord. 2019-17 § 4 (part), 2019)

15.05.030 Amendment to Section R101.2.

Sections R101.2 is amended to read as follows:

Section R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane.

Exceptions:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the California Building Code shall be permitted to be constructed in accordance with the California Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the California Building Code where constructed under the California Residential Code for One- and Two-Family Dwellings shall conform to Section 903.3.1.3 of the California Building Code.

2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the California Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section 903.3.1.3 of the California Building Code.

(Ord. 2019-17 § 4 (part), 2019)

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 are contained in Chapter 15.02, Administrative Code. (Ord. 2019-17 § 4 (part), 2019)

15.05.050 Addition of Section 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 be the applicable code.

(Ord. 2019-17 § 4 (part), 2019)

15.05.060 Deletion of Section R301.1.1.1.

Section R301.1.1.1 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019)

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. 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 provision of any structure deviates from substantial compliance with conventional framing requirements for woodframe construction found in this code, the Chief 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 Business and professions Code Section 5537 and 6737.1.

R301.1.3.2 Woodframe structures greater than two-stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of a woodframe construction more than two stories in height or having a basement. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Section 5537 and 6737.1.

R301.1.3.3 Structures other than woodframe. The Chief Building Official shall require floor, wall or roof-ceiling structural elements in dwellings designed of cold formed steel, concrete, 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 Business and professions Code Section 5537 and 6737.1.

(Ord. 2019-17 § 4 (part), 2019)

15.05.080 Amendment to Table R301.2(1).

Table R301.2(1) is amended by completing the table to read as follows:

Table R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

(Ord. 2019-17 § 4 (part), 2019)

15.05.090 Amendment to Table R301.2(1) Footnote g.

Table R301.2(1) Footnote g. is amended to read as follows:

Section Table R301.2(1) Footnote g. Refer 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.

(Ord. 2019-17 § 4 (part), 2019)

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 (including A or V Zones) as established in Table R301.2(1), and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the City of Newport Beach Municipal Code Chapter 15.50, FLOODPLAIN MANAGEMENT and Section R322. Buildings and structures that are located in more than one flood hazard area 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 R322 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.

(Ord. 2019-17 § 4 (part), 2019)

15.05.110 Amendment to Section R309.3.

Section R309.3 is amended to read as follows:

Section R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table R301.2(1), garage floors shall be:

1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and the City of Newport Beach Municipal Code 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.

(Ord. 2019-17 § 4 (part), 2019)

15.05.120 Amendment of Section R310.1.

Exception 2 of Section R310.1 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019)

15.05.130 Amendment to Section R310.2.3.1.

Section R310.2.3.1 is amended to read as follows:

Section R310.2.3.1 Ladder and stairway. Window wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or stairway usable with the window in the fully open position. Ladders required by this section shall comply with Section 304.3.1.2 of the California Mechanical Code. Stairway shall comply with Section R311.7.

(Ord. 2019-17 § 4 (part), 2019)

15.05.140 Deletion of Section R310.2.4.

Section R310.2.4 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019)

15.05.150 Amendment to Section R310.3.2.1.

Section R310.3.2.1 is amended to read as follows:

Section R310.3.2.1 Ladder and stairway. Area wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or stairway usable with the door in the fully open position. Ladders required by this section shall comply with Section 304.3.1.2 of the California Mechanical Code. Stairways shall comply with Section R311.7.

(Ord. 2019-17 § 4 (part), 2019)

15.05.160 Amendment to Section R311.7.11.

Section R311.7.11 is amended to read as follows:

Section R311.7.11 Alternating tread devices. Alternating tread devices shall not be used as an element of a means of egress, or path of travel through or to habitable space.

(Ord. 2019-17 § 4 (part), 2019)

15.05.170 Amendment to Section R311.7.12.

Section R311.7.12 is amended to read as follows:

Section R311.7.12 Ships ladders. Ships ladders shall not be used as an element of a means of egress, or a path of travel through or to habitable space.

(Ord. 2019-17 § 4 (part), 2019)

15.05.180 Deletion of Section R313.

Section R313 is deleted in its entirety and replaced with California Building Code Section 903.2.8 as amended in Section 15.04.080. (Ord. 2019-17 § 4 (part), 2019)

15.05.190 Amendment to Section R319.1.

Section R319.1 is amended to read as follows:

Section R319.1 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 the property, and alley if adjacent to the property. Address identification characters shall contract 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 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.

(Ord. 2019-17 § 4 (part), 2019)

15.05.200 Deletion of Section R322 with the Replacement of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

Section R322 is deleted in its entirety and replaced with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management. (Ord. 2019-17 § 4 (part), 2019)

15.05.210 Amendment to Section R326.

Section R326 is added to read as follows:

SECTION R326—SWIMMING POOLS, SPAS AND HOT TUBS

R326.1 General. The construction, alteration, movement, renovation, replacement, repair and maintenance of residential swimming pools and spas shall comply with City of Newport Beach Municipal Code Chapter 15.09, Residential Swimming Pool and Spa Code and Section 3109.2 of the 2019 California Building Code.

(Ord. 2019-17 § 4 (part), 2019)

15.05.220 Deletion of Section R337.

Section R337 is deleted in its entirety and replaced with California Building Code Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.020 through 15.04.070. (Ord. 2019-17 § 4 (part), 2019)

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 2019 California Building Code, Title 24, Part 2.

(Ord. 2019-17 § 4 (part), 2019)

15.05.240 Deletion of Section R401.4.

Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations. (Ord. 2019-17 § 4 (part), 2019)

15.05.250 Deletion of Section R404.

Section R404 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019)

15.05.260 Amendment to Section R405.1.

The exceptions to Section R405.1 are amended 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.

(Ord. 2019-17 § 4 (part), 2019)

15.05.270 Addition of Section R409.

Section R409, titled “Deep Foundations, Prestressed Rock and Soil Anchors, Earth Retaining Shoring and Vibro Stone Columns for Ground Improvement,” is added and shall incorporate Sections 1810, 1811, 1812, and 1813 of the California Building Code into this section. (Ord. 2019-17 § 4 (part), 2019)

15.05.280 Deletion of Section R602.12.

Section R602.12 is deleted in its entirety. (Ord. 2019-17 § 4 (part), 2019)

15.05.290 Deletion of Section R902, Roof Classification.

Section R902 is amended in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Section 15.04.110. (Ord. 2019-17 § 4 (part), 2019)