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 from Chapter 1, Division II.

15.05.050    Amendment to Section R115.

15.05.060    Deletion of Section R301.1.1.1 in Its Entirety.

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 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50, Floodplain Management.

15.05.120    Deletion of Section R313 Automatic Fire Sprinkler System.

15.05.125    Amendment to Section R319.1.

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

15.05.140    Amendment to Section R326.

15.05.150    Deletion of Section R337 Materials and Construction Method of Exterior Wildfire Exposure.

15.05.160    Addition of Section R341.

15.05.170    Deletion of Section R401.4 Soil Test.

15.05.180    Deletion of Section R404 Foundation and Retaining Walls.

15.05.190    Amendment to Section R405.1.

15.05.200    Add Section R409 Earth Retaining and Shoring.

15.05.210    Deletion of Section R902 Roof Classification.

*    Prior ordinance history: Ords. 2010-23, 2011-5 and 2013-24.

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 2016 Edition of the California Residential Code including Appendix H, Section AJ102.4.3 of Appendix J and all national codes and standards referenced therein, based on the 2015 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 2016 California Residential Code, printed in code book form, shall be kept on file in the office of the City Clerk. (Ord. 2016-17 § 4 (part), 2016)

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. 2016-17 § 4 (part), 2016)

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. 2016-17 § 4 (part), 2016)

15.05.040 Deletion of Sections R102 through R114 from Chapter 1, Division II.

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 the Administrative Code under Chapter 15.02. (Ord. 2016-17 § 4 (part), 2016)

15.05.050 Amendment to Section R115.

Section R115 is amended to read as follows:

SECTION R115 – Existing Buildings

For existing One- and Two-family dwellings, the Existing Buildings Code as adopted under section 15.14 of the Newport Beach Municipal Code shall be the applicable code.

(Ord. 2016-17 § 4 (part), 2016)

15.05.060 Deletion of Section R301.1.1.1 in Its Entirety.

Section R301.1.1.1 is deleted in its entirety. (Ord. 2016-17 § 4 (part), 2016)

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 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 or structural insulated panels 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. 2016-17 § 4 (part), 2016)

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

GROUND SNOW LOAD

WIND DESIGN

SEISMIC DESIGN CATEGORY f

SUBJECT TO DAMAGE FROM

WINTER DESIGN TEMP e

ICE BARRIER UNDERLAYMENT REQUIRED h

FLOOD HAZARDS g

AIR FREEZING INDEX i

MEAN ANNUAL TEMP j

Speed d (mph)

Topography effects k

Weathering a

Frost line Depth b

Termite e

Zero

110

No

D0, D1, D2 or E

Negligible

12" to 24"

Very Heavy

43

No

See footnote g

0

60

(Ord. 2016-17 § 4 (part), 2016)

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. (1) The date of City’s adoption of its first National Flood Insurance Program (NFIP) map was March 15, 1974. The date of City’s adoption of its first Flood Insurance Rate Map (FIRM) was August 28, 1978. (2) The effective date of the current Flood Insurance Study (FIS) and FIRM is March 21, 2019, copies of which are on file in the Office of the City’s Community Development Department. (3) The panel numbers of the currently effective FIRM are as follows: 264, 267, 268, 269, 286, 288, 289, 377, 381, 382, 384, 401, 402, 403, and 404 (Community No. 060227; Map 06059).

(Ord. 2019-2 § 1, 2019: Ord. 2016-17 § 4 (part), 2016)

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 restoration 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. 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.

Section R301.2.4.1 Alternate provisions. As an alternate to the requirements in 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. 2016-17 § 4 (part), 2016)

15.05.110 Amendment to Section R309.3 Flood Hazard Areas, with the Replacement of the City of Newport Beach Code Chapter 15.50, Floodplain Management.

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 the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management; or

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 the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management and are otherwise constructed in accordance with this code.

(Ord. 2016-17 § 4 (part), 2016)

15.05.120 Deletion of Section R313 Automatic Fire Sprinkler System.

Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.120. (Ord. 2016-17 § 4 (part), 2016)

15.05.125 Amendment to Section R319.1.

Section R319.1 is amended 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 contrast 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. 2016-17 § 4 (part), 2016)

15.05.130 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. 2016-17 § 4 (part), 2016)

15.05.140 Amendment to Section R326.

Section R326 is amended to read as follows:

SECTION R326 – SWIMMING POOLS, SPAS AND HOT TUBS

R326.2 Maintenance. All swimming pool and spa water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition. The floor of the pool shall be clearly visible.

R326.3 Enclosure and a Drowning Prevention Safety Device. An Enclosure and a Drowning Prevention Safety Device shall be in accordance with the provisions contained in the California Building Code, Section 3109.4.4 as adopted in the Newport Beach Municipal Code and amended. Enclosures shall not be enforced on a retroactive basis. Existing, permitted enclosures and drowning prevention safety devices required at the time of pool construction shall be maintained; unless the existing enclosure or drowning prevention safety device is proposed to be altered, replaced or new with new or reconstructed materials. Existing one- and two-family dwellings or townhouses with additions or alterations to exterior walls used as part of a pool enclosure shall be required to comply with Section 3109.

R326.4 Pool, Spa and Hot Tub Outlet. Pool, spa or hot tub outlets shall be listed to standards for antibody and hair entrapment in accor-

dance with APSP 7 or ASME A112.19.8. Entrapment avoidance shall be in accordance with the provisions contained in the California Building Code, Section 3109.4.4.8 and 3109.5.

R326.5 Waste water. Waste Water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Base Flood Elevation (BFE) indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM).

(Ord. 2016-17 § 4 (part), 2016)

15.05.150 Deletion of Section R337 Materials and Construction Method of Exterior Wildfire Exposure.

Section R337 is deleted in its entirety and replaced by California Building Code Chapter 7A as amended in Sections 15.04.030 through 15.04.090. (Ord. 2016-17 § 4 (part), 2016)

15.05.160 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 1207 of the 2016 California Building Code, Title 24, Part 2.

(Ord. 2016-17 § 4 (part), 2016)

15.05.170 Deletion of Section R401.4 Soil Test.

Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations. (Ord. 2016-17 § 4 (part), 2016)

15.05.180 Deletion of Section R404 Foundation and Retaining Walls.

Section R404 is deleted in its entirety. (Ord. 2016-17 § 4 (part), 2016)

15.05.190 Amendment to Section R405.1.

Section R405.1 is amended by adding a second Exception #2 to read as follows:

Exception:

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 bay water elevation.

(Ord. 2016-17 § 4 (part), 2016)

15.05.200 Add Section R409 Earth Retaining and Shoring.

Section R409 is added by referencing Section 1812A Earth Retaining and Shoring of the California Building Code. (Ord. 2016-17 § 4 (part), 2016)

15.05.210 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 Sections 15.04.130 through 15.04.140. (Ord. 2016-17 § 4 (part), 2016)