Chapter 15.05 RESIDENTIAL CODE

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Residential Code including Appendix AH, and all national codes and standards referenced therein, based on the 2021 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 section, shall constitute and be known as the Newport Beach Residential Code. A copy of the 2022 California Residential Code, 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. 2022-26 § 4, 2022)

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. 2022-26 § 4, 2022)

15.05.030 Reserved.

(Ord. 2022-26 § 4, 2022)

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 the Administrative Code under Chapter 15.02. (Ord. 2022-26 § 4, 2022)

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. 2022-26 § 4, 2022)

15.05.060 Deletion of Section R301.1.1.1.

Section R301.1.1.1 is deleted in its entirety. (Ord. 2022-26 § 4, 2022)

15.05.070 Amendment to Section R301.1.3.

Section R301.1.3 is amended to read as follows:

R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for wood frame 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 California Business and Professions Code Sections 5537 and 6737.1.

R301.1.3.2 Wood frame 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 wood frame construction more than two stories in height or having a basement. Notwithstanding other sections of law, the law establishing these provisions is found in California Business and Professions Code Sections 5537 and 6737.1.

R301.1.3.3 Structures other than wood frame. 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 California Business and Professions Code Sections 5537 and 6737.1.

(Ord. 2023-22 § 694, 2023; Ord. 2022-26 § 4, 2022)

15.05.080 Amendment to Table R301.2.

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

(Ord. 2022-26 § 4, 2022)

15.05.090 Amendment to Table R301.2 Footnote g.

Table R301.2 footnote g is amended to read as follows:

Section Table R301.2 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. 2022-26 § 4, 2022)

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, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with 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 Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein.

(Ord. 2023-22 § 695, 2023; Ord. 2022-26 § 4, 2022)

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, garage floors shall be:

1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and 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 Chapter 15.50, Floodplain Management, and are otherwise constructed in accordance with this Code.

(Ord. 2023-22 § 696, 2023; Ord. 2022-26 § 4, 2022)

15.05.120 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.130 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.140 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.150 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.160 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.170 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.180 Deletion of Section R313.

Section R313 is deleted in its entirety and replaced by California Building Code Section 903.2.8 as amended in Section 15.04.090. (Ord. 2022-26 § 4, 2022)

15.05.190 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. 2022-26 § 4, 2022)

15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

Section R322 is amended to include Chapter 15.50, Floodplain Management. (Ord. 2023-22 § 697, 2023; Ord. 2022-26 § 4, 2022)

15.05.210 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.220 Deletion of Section R337.

Section R337 Materials and Construction Method of Exterior Wildfire Exposure is deleted in its entirety and replaced by California Building Code Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) as amended in Sections 15.04.030 through 15.04.070. (Ord. 2022-26 § 4, 2022)

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 2022 California Building Code, Title 24, Part 2.

(Ord. 2022-26 § 4, 2022)

15.05.240 Amendment to Section R401.4.

Section R401.4 is deleted in its entirety and replaced by California Building Code Section 1803 Geotechnical Investigations. (Ord. 2022-26 § 4, 2022)

15.05.250 Deletion of Section R404.

Section R404 is deleted in its entirety. (Ord. 2022-26 § 4, 2022)

15.05.260 Amendment to Section R405.1.

Section R405.1 is amended by adding Exceptions 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. 2022-26 § 4, 2022)

15.05.270 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.280 Reserved.

(Ord. 2022-26 § 4, 2022)

15.05.290 Amendment to Section R902.

Section R902 is deleted in its entirety and replaced by California Building Code Section 1505 as amended in Newport Beach Municipal Code Sections 15.04.110 and 15.04.120. (Ord. 2022-26 § 4, 2022)