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HomeMy WebLinkAbout23 - 2013 Fire Codes�gW PpRT CITY OF NEWPORT BEACH u s c9c,F°wN`P City Council Staff Report Agenda Item No. 23 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott Poster, Fire Chief 644-3101, spostercDnbfd.net PREPARED BY: Kevin Kitch, As§ sWt Chief /d1»:161T/21119 TITLE:Pu�i&Hearing regarding an ordinance of the City of Newport Beach Adopting the 2013 California Fire Code (Title 24 of the California Code of Regulations) listed herein, with local amendments and administrative provisions, into Title 9 of the Newport Beach Municipal Code. G1-1.1I:?Aft6 In accordance with California Health and Safety Code Sections 17922 and 18935, the Building Standards Commission (BSC) has approved the adoption of new model codes relating to fire and life safety. The BSC has advised local jurisdictions that the State will adopt the 2013 Edition of the California Fire Code (CFC). The 2013 CFC is based on the 2012 International Fire Code. The CFC published by the State Building Standards Commission in Title 24, Part 9 is mandated to be enforced on January 1, 2014. In order to include our local amendments and enhance life safety and property protection, the City of Newport Beach must complete our adoption process 30 days prior to January 1, 2014. The adoption of the code into the City Municipal Code provides for an orderly administration of the codes by City Fire and Building Officials. RECOMMENDATION: 1. Conduct a public hearing; and 2. Adopt Resolution No. 2013- 80 , titled "A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based On Local Conditions within the City Of Newport Beach which Make Certain Modifications and Changes to the California Fire Code as Reasonably Necessary," and 1 of 68 3. Introduce Ordinance No. 2013-25, titled "An Ordinance of the City of Newport Beach Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2013 California Fire Code (Title 24, Part 9 of the California Code of Regulations) with Local Amendments as the Newport Beach Fire Code" (Attachment A and B), conduct a first reading and pass to a public hearing and second reading on November 26, 2013; and 4. Find Ordinance No. 2013-25 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because: the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; CEQA only applies to projects which have the potential for causing a significant effect on the environment; and it has no potential for resulting in physical change to the environment, directly or indirectly. FUNDING REQUIREMENTS: There are no direct costs to the City associated with the adoption of this ordinance DISCUSSION: Typically, the City Council conducts the public hearing on a proposed ordinance at the time of introduction and first reading. Government Code Sections 50022.1 et seq. requires a slightly different procedure for an ordinance that is adopting another code by reference, as is the case here. When a code is adopted by reference, the public hearing must be scheduled after the first reading, i.e. at the time of the second reading and adoption. The Council should, however, take public comment at the first meeting. Local jurisdictions may amend the state fire code as necessary to mitigate differences caused by local topographical, geographical, and climatic conditions. In accordance with California Health and Safety Code Section 17958.7, any modifications made via local ordinance must be filed, along with the findings thereto, with the Building Standards Commission. These local changes will be incorporated into Title 9 of the Newport Beach Municipal Code. To aid in efficiency and clarity, Title 9 will be repealed in its entirety and replaced with the edition on the attached ordinance (Attachments A and B). Where applicable, each of these modifications to the state code are correlated with the findings on the attached resolution (Attachment C). When approved, the ordinance and accompanying resolution will be forwarded to BSC in compliance with the above mentioned code sections. 2 of 68 November 12, 2013 Page 3 The 2013 California Fire Code is similar to the 2010 version; the attached ordinance contains similar provisions as adopted by City Council in 2010. Staff has taken the opportunity to review existing amendments in detail and some modifications are recommended: • Appendix K is new, and is recommended for adoption. It will replace existing policy. a Chapter 49, Requirements for Wildland-Urban Interface Areas, has been modified as a result of Council's adoption of the Local Agency Very High Fire Hazard Severity Zone ordinance in 2012. Modifications to this Chapter include terminology changes, removal of redundant ignition resistant building standards and content otherwise covered by the California Building Code and the Department's Guidelines and Standards. ® Several existing amendments are not recommended to be carried forward into the next code cycle as today's codes, terminology, and technology have superseded the previous reasoning for these amendments. Included in this category is staff's recommendation to not carry forward the current 55 foot definition of a High Rise Building, and adopt the CFC definition of 75 feet without amendments. All current and proposed amendments are listed in table format for ease of viewing and have been broken into four (4) groups with supporting details for each (Attachment D). Group 1 on the attached table lists amendments that are carried forward without modification from previous Fire Code adoptions. Group 2 on the attached table lists amendments that include existing amendments which have been renumbered and may contain minor editorial changes to reflect changes in the model code and terminology. Group 3 on the attached table lists amendments that are new or modified from previous Fire Code adoptions. Group 4 on the attached table lists existing amendments recommended to not be carried forward in this adoption cycle. A. Public Outreach While Community Development Department staff had several changes within the 2014 Building Code that suggested additional public outreach would be helpful, we saw the 2014 Fire Code changes as being less restrictive than the old code, in part because we consolidated requirements and reduced our amendment language by about 30 percent. KLII:F:3 November 12, 2013 Page 4 This staff report with its proposed changes was distributed to stakeholders for advanced notice and comment. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted Scott Poster Fire Chief Attachments: A. Proposed Ordinance No. 2013- 25 B. Proposed Ordinance with Underline & Strikeouts C. Proposed Resolution No. 2013-_ D. Proposed Amendments in Table Format ORDINANCE NO. 2013 - ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2013 CALIFORNIA FIRE CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS) WITH LOCAL AMENDMENTS AS THE NEWPORT BEACH FIRE CODE RECITALS WHEREAS, Health & Safety Code Sections 17922 and 18935, the Building Standards Commission ('BSC') has approved the adoption of new model codes relating to fire and life safety. The BSC has advised local jurisdictions that the State will adopt the 2013 Edition of the California Fire Code ("CFC'); and WHEREAS, the 2013 CFC is based on the 2012 International Fire Code. The CFC published by the BSC in Title 24, part 9 is mandated to be enforced on January 1, 2014. In order to include our local amendments and enhance life safety and property protection, the City of Newport Beach must complete its adoption process thirty (30) days prior to January 1, 2014. The adoption of the code into the city municipal code provides for an orderly administration of the codes by city fire and building officials; and WHEREAS, local jurisdictions may amend the state fire code as necessary to mitigate differences caused by local topographical, geographical, and climatic conditions. In accordance with California Health and Safety Code Section 17958.7, any modifications made via local ordinance must be filed, along with the findings thereto, with the BSC. These local changes will be incorporated into Title 9 of the Newport Beach Municipal Code; and WHEREAS, to aid in efficiency and clarity, Title 9 will be repealed in its entirety and replaced with each of these modifications to the State code that are correlated with the findings in Resolution No. 2013- adopted by the City Council of the City of Newport Beach on November 12, 2013. When approved, the ordinance and accompanying resolution will be forwarded to the BSC in compliance with the above mentioned code sections. and WHEREAS, the various parts of these codes and standards, along with the additions, amendments and deletions adopted in this section, shall constitute to be known as the Newport Beach Fire Code; and WHEREAS, all prior references to the former Newport Beach fire code shall be construed to apply to the corresponding provisions of the Newport Beach Fire Code contained herein; and WHEREAS, the 2013 California Fire Code is similar to the 2010 version; the attached ordinance contains similar provisions as adopted by the City Council in 2010. Staff has taken the opportunity to review existing amendments in detail and some 5 of 68 modifications are recommended. One new appendix is recommended to be adopted and will replace existing policy. Several existing amendments are not recommended to be carried forward into the next code cycle as today's codes, terminology, and technology have superseded the previous reasoning for these amendments. THEREFORE; The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 9.04 of the Newport Beach Municipal Code is hereby deleted in its entirety and amended to read as follows: Chapter 9.04 FIRE CODE Sections: 9.04.010 Adoption of the 2013 California Fire Code. 9.04.020 Amendments to Chapter 1 Scope and Administration. 9.04.030 Amendments to Chapter 2 Definitions. 9.04.040 Amendments to Chapter 3 General Precautions Against Fire. 9.04.050 Amendments to Chapter 5 Fire Service Features. 9.04.060 Amendments to Chapter 6 Building Services and Systems. 9.04.070 Amendments to Chapter 9 Fire Protection Systems. 9.04.080 Amendments to Chapter 36 Marinas. 9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas. 9.04.100 Amendments to Chapter 50 Hazardous Materials—General Provisions. 9.04.110 Amendments to Chapter 56 Explosives and Fireworks. 9.04.120 Amendments to Chapter 57 Flammable and Combustible Liquids. 9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings. 9.04.140 Local Agency Very High Fire Hazard Severity Zone. 9.04.010 Adoption of the 2013 California Fire Code. There is hereby adopted by the City and incorporated herein by reference into this chapter, those certain codes known as the "California Fire Code 2013 Edition," and the whole thereof including Appendices B, C, E, F, G, I and K therein, errata issued during and after publishing date, save and except such portions as are hereinafter deleted, added or amended which shall collectively be known as the "Newport Beach Fire Code." One certified copy of which is to be on file in the Office of the City Clerk of the City of Newport Beach and open for public inspection. 9.04.020 Amendments to Chapter 1 Scope and Administration. Section 103.2 Appointment is amended to read as follows: 6 of 68 Section 103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction. Section 104.1 General is amended by adding Section 104.1.1 to read as follows: Section 104.1.1 Scope. The fire code official is authorized and directed to enforce, within the scope of Section 104.1, the provisions of this code over all occupancies and land used within the City. Section 105.5 Revocation is amended by adding Section 105.5.1 to read as follows: 105.5.1 Permits. A fire permit issued for any construction, operation, activity or process in accordance with this section may be revoked by the fire code official if the construction, operation, activity or process is found to not be in compliance with all applicable codes, laws or regulations and any conditions or limitations prescribed by the fire code official for a specific permit. Section 107.5 Overcrowding is amended by adding Section 107.5.1 to read as follows: 107.5.1 Occupant count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. Section 109.4 Violation penalties is amended by deleting Section 109.4 in its entirety. Section 111.4 Failure to comply is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine in accordance with the Newport Beach Municipal Code. 9.04.030 Amendments to Chapter 2 Definitions. Section 202 General Definitions is amended by adding the following definitions to read as follows: CUL-DE-SAC: A street closed at one end, with a circular terminus at the closed end to allow vehicles to turn around. DEFENSIBLE SPACE: Defensible space is an area either natural or man-made, where plant materials and natural fuels have been treated, reduced, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress fire and protect structure(s). 7 of 68 DOCK: A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification. Fuel modification plans show the area and location of all hardscape/softscape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in combustible vegetation. FUEL MODIFICATION ZONE: A specific area where vegetation has been removed, planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures. Vegetation includes native and ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adequately spaced drought -tolerant and fire- resistant species, and thinning of existing native or ornamental species. HAZARD REDUCTION ZONE: Any geographical area designated by the Fire Chief in which structures directly abut a wildland space on one or more sides. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the California Government Code Section 51179, and by City of Newport Beach ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Government Code Section 51179. WILDLAND: An area of unimproved property with vegetative fuels in which development is essentially nonexistent, except for roads, railroads, power lines and similar facilities. WILDLAND FUELS: Any combustible material in a wildland area. WILDLAND-URBAN INTERFACE AREA: A geographical area where improved property intersects with wildland or vegetative fuels. 9.04.040 Amendments to Chapter 3 General Precautions Against Fire. Section 305 Ignition Sources is amended by adding Sections 305.5, 305.6, and 305.7 to read as follows: 8 of 68 305.5 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 10 feet (3.048 m) of a chimney outlet, shall be cut down and removed by the property owner. Vegetation modification requirements in wildland-urban interface areas shall be in accordance with Chapter 49 of this code. 305.6 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3.048 m) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be free of flammable vegetation and other combustible growth. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 305.7 Notification and abatement procedures. 305.7.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thirty (30) calendar days. The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.7.2 Commencement of abatement proceedings. Whenever the fire code official determines that a fire hazard exists, and the owner of a property fails to properly abate hazard in locations adjacent to grass or brush covered land which are located in hazardous fire areas, the fire code official is ordered to take appropriate correction actions based upon those findings. 305.7.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. 9 of 68 Failure of any property owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken, if the procedure for service of notice has been followed. 305.7.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) calendar days of the mailing of the notice. 305.7.5 Abatement hearing procedure. All hearings under Chapter 3 of the Fire Code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final and shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) calendar days. 305.7.6 Private property abatement. If any order of the Fire Chief or the fire code official is made pursuant to this ordinance and is not complied with within the period designated, the City may then cause such work to be done to the extent necessary to eliminate the fire hazard and other substandard fire conditions that are determined to exist. 305.7.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.7.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of Newport Beach, shall 10 of 68 be assessed against each parcel for Newport Beach Fire Department and other City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's office. The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 3877.3.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) calendar days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in Section 38773.5 of the Government Code which is incorporated herein by this reference. 305.7.9 Other abatement procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. Section 307.4.2 Recreation fires is amended by adding Section 307.4.2.1 to read as follows: 307.4.2.1 Beach, camp, and recreational fires. No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. Section 319 Geological Surveys is added to read as follows: SECTION 319 GEOLOGICAL SURVEYS 319.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. 319.2 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state -licensed and department approved individual or firm, on any parcel of land to be developed which: 11 of 68 1. Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; 2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or 3. Modifications to existing systems. 9.04.050 Amendments to Chapter 5 Fire Service Features. Section 503.2.1 Dimensions is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6.1 m) and shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6. Roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4.1 m). Section 503.2.4 Turning Radius is amended to read as follows: 503.2.4 Turning radius. The turning radius for fire apparatus access roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet (12.2 m) outside radius. Exception: Cul-de-sacs with center obstructions may require larger turning radii as approved by the fire code official. Section 503.2.5 Dead ends is amended to read as follows: 503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 200 feet (60.96) in length shall be provided with an approved cul-de-sac for turning around fire apparatus without backing up. Section 503.2.7 Grade is amended to read as follows: 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 503.4 Obstructions of Fire Apparatus Access Roads is amended by adding Section 503.4.2 to read as follows: 503.4.2 Policy. Any traffic calming devices in required access roadways when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Policy. Section 503.6.1 is added to read as follows: 12 of 68 503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet (4.27 m) unobstructed width. This minimum width may be increased depending on the length of the approach. Section 505.1 Address identification is amended by adding Section 505.1.1 to read as follows: 505.1.1 Premises Identification. All multi -unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than four inches (102 mm) in height with a one-half inch (51 mm) stroke. Section 510.4 Technical Requirements is amended to read as follows: 510.4 Technical Requirements. Systems, components, and equipment required to provide emergency responder radio coverage system shall comply with Section 510.4.1 through 510.4.2.5 and the Newport Beach Fire Department Guidelines and Standards D.05 Public Safety Radio System Coverage. Section 511 Building Information is added to read as follows: SECTION 511 BUILDING INFORMATION 511.1 Building information. The fire code official is authorized to require a cabinet for onsite storage of pre -plans and other building information that is accessible to the fire code official. 9.04.060 Amendments to Chapter 6 Building Services and Systems. Section 604 is amended by adding Section 604.2.15.2.2 to read as follows: 604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 604.2 of the California Fire Code in every fire control room and in other areas as may be designated by the fire code office. 9.04.070 Amendments to Chapter 9 Fire Protection Systems. Section 903.2 Where required is amended to read as follows: 13 of 68 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the following locations: "Building Area" as used in this section shall mean the area included within surrounding exterior walls (or exterior and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above. 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.11, an automatic fire -extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2), regardless of fire areas or allowable area. 2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when the following condition exists: a. An addition, where the increase in building size is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2). Section 903.2.8 Group R 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. An addition, where the increase in building size is 2,000 sq. ft. or more and exceeds 50% of the area of the existing structure. b. An addition, when the existing building is already provided with an automatic sprinkler system. Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Section 903.3.1.2.2 to read as follows: 903.3.1.2.2 Alarms. Local waterflow alarms shall be provided on all 13 and 13R sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. 14 of 68 Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows: 903.3.1.4 System design. NFPA 13 and 13R sprinkler systems design shall be in accordance with Newport Beach Fire Department Guidelines and Standards F.02 Fire Sprinkler System Design Pressure. Section 907.1 General is amended by adding Section 907.1.6 to read as follows: 907.1.6 System design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the building fire alarm panel. Smoke detectors connected to the alarm system shall have a visible indicator that displays the status of the detector. When a detector is located in a space above a drop ceiling, an indicating light shall be provided and plainly visible. Exception: Smoke detectors installed with an addressable alarm system capable of showing the approximate location of all activating devices. Section 907.3 is amended by deleting Section 907.3.1 Exception 1: Section 907.3.1 Duct smoke detectors Exception 1 is deleted in its entirety. Section 912 Fire Department Connections is amended by adding Section 912.1.1, amending 912.2 and Section 912.2.1 to read as follows: 912.1.1 Installation. The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. When the fire flow demand of a sprinkler system is 500 gpm or greater, including the interior hose stream demand if a standpipe system is installed, four 2'/z" inlets shall be provided. 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connection shall be approved, and be no more than 100 feet (30.48 m) from a public hydrant. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. 912.2.1 Visible Location. Fire department connections shall be located on the address side of the building, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the Fire Chief. 15 of 68 9.04.080 Amendments to Chapter 36 Marinas. Section 3602.1 Definitions. The following term is defined in Chapter 2: DOCK. Section 3603.6 Berthing and storage is amended and Sections 3603.6.1 and 3603.6.2 are added to read as follows: 3603.6 Berthing and storage. Berthing and storage shall be in accordance with Chapter 7 of NFPA 303 and this section. 3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas shall be arranged such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels. Exceptions: 1. Tenders or dinghies may be tied to a vessel's stern without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam. 2. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy, up to a maximum of 14 feet in length, tied to the vessel's stern. 3603.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. The person is responsible for moving the vessels. C. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided. 2. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time, which shall be approved by the fire code official and per Newport Beach Fire Department Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special Events. 16 of 68 Section 3604.1 General is amended to read as follows: 3604.1 General. Piers, marinas, wharves, docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing vessels, and marine motor vehicle fuel dispensing stations shall be equipped with fire protection equipment in accordance with Sections 3604.2 through 3604.6. Section 3604.2 Standpipes is amended to read as follows: 3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or float is more than 150 feet from a fire apparatus access road, it shall be equipped with a Class III standpipe system installed in accordance with NFPA 303 and Newport Beach Fire Department Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and Piers. 9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas. Chapter 49 has been deleted and amended to read as follows: 69XtI[dk,KPI'Ti■:1=IrDI01[67'to] 0-1:i1b9:1a:To]iA&I1:1110101N*i 4901.1 Scope. Each person or entity who owns, leases, controls, operates, or maintains any parcel of land within a designated Hazard Reduction Zone or Local Agency Very High Fire Hazard Severity Zone shall comply with the requirements of this Chapter to mitigate the conditions where vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses. 4901.2 Purpose. The purpose of this code is to provide minimum vegetative maintenance standards to reduce the severity of exterior wildlife exposure to buildings, and to decrease the exposure from a building fire to the wildland-urban interface area. 4901.3 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces shall be responsible for modifying or removing non -fire resistive vegetation. These regulations apply to all Hazard Reduction Zones and Local Agency Very High Fire Hazard Severity Zones located within the City of Newport Beach. SECTION 4902 DEFINITIONS 17 of 68 4902.1 Definitions. The following terms are defined in Chapter 2: DEFENSIBLE SPACE. FUEL MODIFICATION PLAN. FUEL MODIFICATION ZONE. HAZARD REDUCTION ZONE. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE. WILDLAND. WILDLAND FUELS. WILDLAND-URBAN INTERFACE AREA. SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, and Local Agency Very High Fire Hazard Severity Zones not in compliance with the respective guidelines shall constitute a fire hazard. 4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall be maintained in accordance with the approved plan and the City of Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard." 4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone shall be maintained in accordance with the City of Newport Beach Fire Department Guidelines and Standards G.01 "Hazard Reduction Zones." SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD REDUCTION ZONES AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4904.1 General. In addition to the regulations found in Chapter 7A of the California Building Code and other relevant sections of the California Building Code, all new construction and existing structures that are increased in size by 2,000 square feet or more and exceed 50% of the area of the existing structure located on parcels of land within the City of Newport Beach Hazard Reduction Zone and Local Agency Very High Fire Hazard Severity Zones shall be built in accordance with the regulations found in Section 4904 and 4905 of this code. 4904.2 Authority. The Fire Chief shall have the authority to designate all Hazard Reduction Zones, and the City Council shall adopt, by ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179(a). 18 of 68 4904.3 Fuel Modification Requirements for New Construction. All new structures located on parcels of land which are designated Hazard Reduction Zones or Local Agency Very High Fire Hazard Severity Zones shall comply with this section. 4904.3.1 Fuel Modification Requirements for Additions to Existing Structures. All additions to structures that are 2,000 square feet or more and exceed 50% of the area of the existing structure located on parcels of land which are designated Hazard Reduction Zones or Local Agency Very High Fire Hazard Severity Zones shall comply with this section. 4904.3.2 Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a building permit. The plans shall be developed using the criteria set forth in the Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard." 4904.3.3 Alterations. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved by the fire code official. 4904.3.4 Issuance of grading or building permits. No grading permit or building permit shall be issued for new and qualifying additions to existing structures prior to approval by the Fire Department of the submitted fuel modification plan as required by this section. 4904.3.5 Street widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width. SECTION 4905 BUILDING CONSTRUCTION FEATURES 4905.1 Proximity to property lines. New structures built to the requirements of Section 7A of the California Building Code shall not be less than three feet (.915 m) from an adjacent property line. Areas shall be maintained free of obstructions at all times. Exception: Refuse cans for residential use.. 4905.2 Combustible construction prohibited. No attached or detached buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the 20 foot Zone A setback, as described in the City of Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard" unless completely constructed of non-combustible materials. 19 of 68 SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE MAP 4906.1 Map. The Fire Chief shall cause an official map of the Hazard Reduction Zones to be prepared. The City Council shall adopt by ordinance a map of the Local Agency Very High Fire Hazard Severity Zones. These maps shall be reviewed, updated or amended as deemed necessary. SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4907.1 Equipment prohibited without a spark arrestor. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining Local Agency Very High Fire Hazard Severity Zones, any internal combustion engine which uses hydrocarbon fuel, unless the engine is equipped with a spark arrestor as defined in Section 4908.3 of the Fire Code and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 4908.4 of the Fire Code. 4907.2 Spark arrestor installation. Spark arrestors affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 4907.3 Spark arrestor design. A spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 4907.4 Spark arrestor exemption for vehicles. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and the turbocharger is in effective mechanical condition. SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE HAZARDOUS SEVERITY ZONES 4908.1 General. The Fire Chief shall determine and publicly announce when Local Agency Very High Fire Hazard Severity Zones shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of 20 of 68 Local Agency Very High Fire Hazard Severity Zones, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Local Agency Very High Fire Hazard Severity Zone is closed to entry, is prohibited. Exceptions: 1. Residents and owners of private property within Local Agency Very High Fire Hazard Severity Zones and their invitees and guests going to or being upon their lands. 2. Entry in the course of duty by peace or police officers, other duly authorized public officers, and members of a fire department. SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4909.1 General. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon Local Agency Very High Fire Hazard Severity Zones, except by permit from the fire code official. Exception: Use within habited premises which are a minimum of 30 feet (914 m) from grass or brush covered areas. Flame -employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon a Local Agency Very High Fire Hazard Severity Zone. Exception: The proper use of a fusee at the scene of emergencies. SECTION 4910 OUTDOOR FIRES IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4910.1 General. Outdoor fires shall not be built, ignited or maintained in or upon Local Agency Very High Fire Hazard Severity Zones and hazard reduction zones, except by permit from the fire code official. Exception: Fires located within the property boundary of inhabited premise or designated campsites where such fires are built in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9.14 m) from grass or brush covered areas. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon Local Agency Very High Fire Hazard Severity Zones or in hazard reduction zones under the following conditions: 21 of 68 I . When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25 MPH. 2. When a person age 18 or over is not present at all times to watch and tend such fire. 3. When public announcement is made that open burning is prohibited. 4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4911.1 General. Recreational fires built, installed, or maintained in Local Agency Very High Fire Hazard Severity Zones or hazard reduction zones shall only use natural gas or propane fuel. Combustible solid fuels are prohibited regardless if a spark arrestor is utilized. Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen, lid, or door. 9.04.100 Amendments to Chapter 50 Hazardous Materials—General Provisions. Section 5003.12 Outdoor Control Areas is amended by adding item No. 5 to read as follows: 5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official. Section 5004.1 Scope is amended by adding Section 5004.1.1 to read as follows: 5004.1.1 Maximum quantity on site. No person shall use or store any amount of Extremely Hazardous Substances (EHS) equal to or greater than the disclosable amounts as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to property developed with residential uses, unless approved mitigation measures are implemented and maintained, as required by the fire code official. 9.04.110 Amendments to Chapter 56 Explosives and Fireworks. 22 of 68 Section 5601.1 Scope is amended and Sections 5610 and 5611 are added to read as follows: 5601.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Chapter 56. For explosives requirements, see Title 19 California Code of Regulations, Chapter 10. For Fireworks requirements, see Title 19 California Code of Regulations, Chapter 6. SECTION 5610 FIREWORKS 5610.1 Fireworks 1 AG and fireworks 1.3G. No person shall store, use, sell, possess, or handle fireworks 1.4G, (commonly referred to as "Safe and Sane") and fireworks 1.3G anywhere in the City of Newport Beach. Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired public display when permitted and conducted by a licensed pyrotechnic operator. 5610.2 Seizure of fireworks. The fire code official and his/her agent shall have the authority to seize, take, and remove any fireworks stored, sold, offered for sale, used or handled in violation of the provisions of this code. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law. SECTION 5611 STORAGE OF EXPLOSIVES AND BLASTING AGENTS 5611.1 Storage of explosives and blasting agents. No person shall store explosives or blasting agents anywhere in the City of Newport Beach unless the fire code official has issued a permit authorizing use and/or storage. 9.04.120 Amendments to Chapter 57 Flammable and Combustible Liquids. Section 5704.2.11.2 is amended by adding No. 4 to read as follows: 4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as defined in Chapter 20.05 of the Newport Beach Municipal Code. Section 5706.4 Bulk plants or terminals is amended to read as follows: 5706.4 Bulk plants or terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers are prohibited within the boundaries of the City of Newport Beach except as 23 of 68 permitted by the fire code official. Approved installations shall comply with Sections 5706.4.1 through 5706.4.10.4. 9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings. Section B105.2 Buildings other than one -and two-family dwellings is amended to read as follows: B105.2 Buildings Other Than One -and Two- Family Dwellings. The minimum fire flow and flow duration for buildings other than one -and two-family dwellings shall be as specified in Table B105.1. Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed duration as specified in Table 13105.1. 9.04.140 Local Agency Very High Fire Hazard Severity Zone The City of Newport Beach designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the California Government Code. SECTION 2. The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(C)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. 24 of 68 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published pursuant to City Charter Section 414. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of November, 2013, and was adopted on the 26th day of November, 2013, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MA ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE KEITH D. CURRY 21 +krusa Chapter 9.04 FIRE CODE Sections: 9.04.010 Adoption of the 2010 2013 California Fire Code 9.04.020 Amendments to Chapter 1 Scope and Administration. 9.04.030 Amendments to Chapter 2 Definitions. 9.04.040 Amendments to Chapter 3 General Precautions Against Fire. 9.04.050 Amendments to Chapter 5 Fire Service Features. 9.04.060 Amendments to Chapter 6 Building Services and Systems. 9.04.070 Amendments to Chapter 9 Fire Protection Systems. 9.04.080 Amendments to Chapter 4036 Marinas. 9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas. 9.04.100 Amendments to Chapter 2-750 Hazardous Materials—General Provisions. 9.04.110 Amendments to Chapter 3356 Explosives and Fireworks. 9.04.120 Amendments to Chapter 3457 Flammable and Combustible Liquids. 9.04.130 Amendments to Appendix BFire-Flow Requirements for Buildings. 9.04.140 Local Agency Very High Fire Hazard Severity Zone. 9.04.010 Adoption of the 29102013 California Fire Code. and the 2009 I...,,Matienal Fore Oorip There is hereby adopted by the City and incorporated herein by reference into this chapter, those certain codes known as the "'^}^'^^+i^^^I Fire Ged 2009 Editi ,., RRd the California Fire Code 20102013 Edition," and the whole thereof including Appendices B, C, E, F, G.1 and 1K therein, errata issued during and after publishing date, and the aGGE)RipaRyiRg Rtemati Fir ^ Qndp Rt;;Rdards save and except such portions as are hereinafter deleted, added or amended which shall collectively be known as the "Newport Beach Fire Code." One certified copy of which is to be on file in the Office of the City Clerk of the City of Newport Beach and open for public inspection. 9.04.020 Amendments to Chapter 1 Scope and Administration. Section 103.2 Appointment is amended to read as follows: Section 103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction. Section 104.1 General is amended by adding Section 104.1.1 to read as follows: Section 104.1.1 Scope. The fire code official is authorized and directed to enforce, within the scope of Section 104.1, the provisions of this code over all occupancies and land used within the City. 26 of 68 -- Section 105.5 Revocation is amended by adding Section 105.5.1 to read as follows: 105.5.1 Permits. A fire permit issued for any construction, operation, activity or process in accordance with this section may be revoked by the fire code official if the construction, operation, activity or process is found to not be in compliance with all applicable codes, laws or regulations and any conditions or limitations prescribed by the fire code official for a specific permit. Section 107 9107.5 Overcrowding is amended by adding Section 107 9 4107.5.1 to read as follows: 107 A Occupant count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. ::mrvvc Section 109.4 Violation penalties is amended by deleting Section 109.4 in its entirety. Section 111.4 Failure to comply is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine in accordance with the Newport Beach Municipal Code. 9.04.030 Amendments to Chapter 2 Definitions. Section 202 General Definitions is amended by adding the following definitionsdefinitiea-ef "Q11 do Rad' „nd deletiRg the defiRitiG , of "High Rise gull d;Rg" and amending it to read as follows: CUL-DE-SAC: is-aA street, closed at one end, with a circular terminus at the closed end to allow vehicles to turn around. 27 of 68 DEFENSIBLE SPACE: Defensible space is an area either natural or man-made, where plant materials and natural fuels have been treated, reduced, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress fire and protect structure(s). DOCK: A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel modification zones within a property are subject to fuel modification. Fuel modification plans show the area and location of all hardscapelsoftscape improvements and fuel modifications necessary to achieve the minimum acceptable level of risk to structures from fires in combustible vegetation FUEL MODIFICATION ZONE: A specific area where veaetation has been removed planted, or modified in conjunction with an approved fuel modification plan that increases the likelihood that a structure will survive a wildfire, improve the defensible space around the structure for firefighting activities, and prevents direct flame contact with structures. Vegetation includes native and ornamental plants, non-native naturalized annual grasses, and other invasive or naturalized species. Fuel modification activities can include removal, partial or total replacement of existing plants with adeauatelv spaced drouaht-tolerant and fire-resistant species. and thinnina of existina native or ornamental species HAZARD REDUCTION ZONE: Any geographical area designated by the Fire Chief in which structures directly abut a wildland space on one or more sides. 11•ZNi3W_[C7=IkiIWAVJ=IWd:1 cc] :IylN =1111:r_rlftl:411&1zkyj=IN11&Ikel,INi_ . -=03i1Gf7F7i— 7 designated in accordance with the California Government Code Section 51179, and by City of Newport Beach ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be 28 of 68 considered to be Very High Fire Hazard Severity Zones as defined in Government Code Section 51179. WILDLAND: An area of unimproved property with vegetative fuels in which development is essentially nonexistent, except for roads, railroads, power lines and similar facilities. WILDLAND FUELS: Any combustible material in a wildland area. WILDLAND-URBAN INTERFACE AREA: A geographical area where improved Property intersects with wildland or vegetative fuels. 9.04.040 Amendments to Chapter 3 General Precautions Against Fire. Section 305 Ignition Sources is amended by adding Sections 305.5, 305.6, and 305.7 to read as follows: 305.5 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 10 feet (3,048 mai) of a chimney outlet, shall be cut down and removed by the property owner, ar E)66up^^f of the .,.,,Mise Vegetation modification a requirements in 4pban-wildland-urban interface areas shall be in accordance with Chapter 49 of this code. 305.6 GlearaneeClearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3,048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be freeo'ti^arzdof flammable vegetation and other combustible growth. The fire ,.^a^ „ff,,.;., ' , AnFizpd te enter upon to do . Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 305.7 Notification and abatement procedures. 305.7.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thin 30 calendar days. The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of 29 of 68 the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.7.2 Commencement of abatement proceedings. Whenever the fire code official determines that a fire hazard exists, and the owner of a property fails to properly abate hazard in locations adjacent to grass or brush covered land which are located in hazardous fire areas, the fire code official is ordered to take appropriate correction actions based upon those findings. 305.7.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. Failure of any property owner, or any party concerned to receive a notice shall not affect the validity of any proceeding taken, if the procedure for service of notice has been followed. 305.7.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) calendar days of the mailing of the notice. 305.7.5 Abatement hearing procedure. All hearings under Chapter 3 of the Fire Code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final and shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) calendar days. 305.7.6 Private property abatement. If any order of the Fire Chief or the fire code official is made pursuant to this ordinance and is not complied with within the period designated, the City may then cause such work to be done to the extent necessary to eliminate the fire hazard and other substandard fire conditions that are determined to exist. 305.7.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may 30 of 68 then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.7.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of Newport Beach, shall be assessed against each parcel for Newport Beach Fire Department and other City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's office. The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 3877.3.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) calendar days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in Section 38773.5 of the Government Code which is incorporated herein by this reference. 305.7.9 Other abatement procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. er1rAKMM�mcnrcrr.T:r. �trarsrrrrr�srr. .T=H7 . UT -TTM .. Section 307.4.2 Recreation fires is amended by adding Section 307.4.2.1 to read as follows: 31 of 68 307.4.2.1 Beach, camp, and recreational fires. No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. Section 348319 Geological Surveys is added to read as follows: SECTION 348319 GEOLOGICAL SURVEYS 348 1319.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. 318 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state -licensed and department approved individual or firm, on any parcel of land to be developed which: AJ. Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; B2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or G3. Modifications to existing systems. 9.04.050 Amendments to Chapter 5 Fire Service Features. Section 503.2.1 Dimensions is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6+6.1 m) and shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6. Roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (^ "4.1 m). Section 503.2.4 Turning Radius is amended to read as follows: 32 of 68 503.2.4 Turning radius. The turning radius for fire apparatus access roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet (12,'gym 12.2 m) outside radius. Exception: Cul-de-sacs with center obstructions wW ay require larger turning radii as approved by the fire code official. Section 503.2.5 Dead ends is amended to read as follows: 503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 459200 feet (60.96) in length shall be provided with an approved cul-de-sac for turning around fire apparatus without backing up. Section 503.2.7 Grade is amended to read as follows: 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 503.4 Obstructions of Fire Apparatus Access Roads is amended by adding Section 503.4.2 to read as follows: 503.4.2 Policy. Any traffic calming devices in required access roadways when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Policy. Section 503.6.1 is added to read as follows: 1-44 F.rWO ._ ._ 503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across streets fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet (4.27 m) unobstructed width. This minimum width may be increased depending on the length of the approach. WIVsW.T. .. _ .r�nzraae�rernreerr�ra:zrsmrrri ._ 33 of 68 Section 505.1 Address identification is amended by adding Section 505.1.1 to read as follows: WI 111111 RIVIRM.94". MI 505.1.1 Premises Identification. All multi -unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than four inches (102 mm) in height with a one-half inch (51 mm) stroke. Section 510.4 Technical Requirements is amended by ^�'� RgSeetier} 506 1.2 to read as follows: 34 of 68 510.4 Technical Requirements. Systems, components, and equipment required to provide emergency responder radio coverage system shall comply with Section 510.4.1 through 510.4.2.5 and the Newport Beach Fire Department Guidelines and Standards D.05 Public Safety Radio System Coverage. Section 511 Building Information is added to read as follows: 35 of 68 ... .. ... 510.4 Technical Requirements. Systems, components, and equipment required to provide emergency responder radio coverage system shall comply with Section 510.4.1 through 510.4.2.5 and the Newport Beach Fire Department Guidelines and Standards D.05 Public Safety Radio System Coverage. Section 511 Building Information is added to read as follows: 35 of 68 SECTION 511 BUILDING INFORMATION 511.1 Building information. The fire code official is authorized to require a cabinet for onsite storage of pre -plans and other building information that is accessible to the fire code official. 9.04.060 Amendments to Chapter 6 Building Services and Systems. Section 604 is amended by adding Section 604.2.15.2.2 to read as follows: 604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 604.2 of the California Fire Code in the fn e!!E) Rg leeatlens:even/ fire control room and in other areas as may be designated by the fire code office. 9.04.070 Amendments to Chapter 9 Fire Protection Systems. Section 903.2 Where required is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the following locations: 'Building Area" as used in this section shall mean gre bu4diT,gthe area easlesedincluded within surrounding exterior walls -dor exterior and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in 36 of 68 the building area if such areas are included within the horizontal prosection of the roof or floor above. 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.11, an automatic fire -extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 mz), regardless of fire areas or allowable area. 2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when the following condition exists: a. `^, 4ien4heAn addition,. and ^r r^^^^^+ruGtk ^where the increase in building size is 505/o or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 mz). Section 903.2.8 Group R 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 `^f"^^ ^ ^'''^^ Rnd nst.,,^+^^ An addition, where the increase in building size is 2,000 sq. ft. or more and exceeds 50% of the area of the existing structure. b. An addition, when the existing building is already provided with an automatic sprinkler system. �vrsorri uTr=ruMWown rrn rMtiMMIr-W&-siNr.MMOTORIMMIr.M:nnsarsr..r_*r.rr.Orrrssr. .. . .. cr-- — -- --- - — -- - - — -- -- ---- 37 of 68 Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Section 903.3.1.2.2 and°^oto read as follows: INN. 11110111111"Y 1111WEI RW 111 IN 1.11 140—M .. . IN 11" r :T rr_�as i � r_r.� :r_sr. . � n r. .n r.:� s sa r_� r_ru_*s � y rr. :� rr_ a rss � rr_• � r_e g rr_� r rs = im" "' r_r_ r r_rr n ra r. n M.- . .._ -. ■ 38 of 68 Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows: 903.3.1.4 System design. NFPA 13 and 13R sprinkler systems design shall be in accordance with Newport Beach Fire Department Guidelines and Standards F.02 Fire Sprinkler System Design Pressure. Section 907.1 General is amended by adding Section 907.1.6 to read as follows: 907.1.6 System design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the building fire alarm panel. Smoke detectors connected to the alarm system shall have a visible indicator that displays the status of the detector. When a detector is located in a space above a drop ceiling, ttaean indicating light shall be '^^^'^ ' at ^ '^^^'i^^ desigRated by the `ire Gede eff+eia provided and plainly visible. Exception: Smoke detectors installed with an addressable alarm system capable of showing the approximate location of all activating devices. LVTS7n: .uVf l�@a�IP177fS.7:tRIr11T.'I�T.T.��1Tttt:7tI R7GL7t11'T'�TS�R. 2 MgRTM 39 of 68 rwOMMUtsrrlogrrmrfitit.192MM. oT� mvr-r,11-9ira."n rrs�arrsar om lim- wal Section 907.3 is amended by deleting Section 907.3.1 Exception 1: Section 907.3.1 Duct smoke detectors Exception 1 is deleted in its entirety. 40 of 68 Section 912 Fire Department Connections is amended by adding Section 912.1.1, aad amending 912.2 te read as fellewsL and Section 912.2.1 to read as follows: 912.1.1 CORfigWatien Installation. minimum of finis_ 2 1/2" inln+c Tho Irmo+inn droll he o ,ed and he ne more than 1 Fin feet (45 .72 m) from a .,UbliG h.,.l..,..+ The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. When the fire flow demand of a sprinkler system is 500 qpm or greater, including the interior hose stream demand if a standpipe system is installed, four 2'/z" inlets shall be provided. 41 of 68 Iff VA Section 912 Fire Department Connections is amended by adding Section 912.1.1, aad amending 912.2 te read as fellewsL and Section 912.2.1 to read as follows: 912.1.1 CORfigWatien Installation. minimum of finis_ 2 1/2" inln+c Tho Irmo+inn droll he o ,ed and he ne more than 1 Fin feet (45 .72 m) from a .,UbliG h.,.l..,..+ The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. When the fire flow demand of a sprinkler system is 500 qpm or greater, including the interior hose stream demand if a standpipe system is installed, four 2'/z" inlets shall be provided. 41 of 68 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connection shall be approved..., and be no more than 100 feet (30.48 m) from a public hydrant. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. 912.2.1 Visible Location. Fire department streetaddress side of the building, fully visible nearest point of fire department vehicle access Chief. 9.04.080 Amendments to Chapter 4336 Marinas. connections shall be located on the and recognizable from the street or or as otherwise approved by the Fire Section 45 23602.1 Definitions. is aM8Rded by addiRg the ,sof'^'r,,,., „f "Der -k" to read as fol'Aws:The following term is defined in Chapter 2: DOCK. Section 4693:3603.6 Berthing and storage is amended and Sections 450343603.6.1 and 4593.6.23603.6.2 are added to read as follows: 4303.63603.6 Berthing and storage. Berthing and storage shall be in accordance with Chapter 7 of NFPA 303 and this section. 4303 6.43603.6.1 Multiple berthing and vessel arranged such that a vessel occupying a slip can without the necessity of moving other vessels. Exceptions: rafting. All vessels in marinas shall be be readily removed in an emergency 42 of 68 1. Tenders or dinghies may be tied to a vessel's stern without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam. 2. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy, up to a maximum of 14 feet in length, tied to the vessel's stern. 45^.23603.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. WtaeThe person responsible for moving the vessels?, C. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided. 2. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time, which shall be approved by the fire code official and per Newport Beach Fire dDepartment Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special Events. Section 4504.13604.1 General is amended to read as follows: 4304.13604.1 General. Piers, marinas, wharves, docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing vessels, and marine motor vehicle fuel dispensing stations shall be equipped with fire protection equipment in accordance with Sections 459423604.2 through 4594 63604.6. Section 4504.23604.2 Standpipes is amended to read as follows: 4504.2 604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or float is more than 150 feet from a fire apparatus access road, it shall be equipped with a Class III standpipe system installed in accordance with NFPA 303 and Newport Beach Fire Department Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and Piers. 9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas. 43 of 68 Chapter 49 has been deleted and amended to read as follows: SECTION 4901 C-LEAR4NCEREDUCTION OF BRUSH FROM STRUCTURES 4901.1 Oener�alScope. Each person or entity who owns, leases, controls, operates, or maintains any parcel of land within or adjaeent to a designated Speeia, F,,^ RFE)t GtiE)^ Area(s) Reduction Zone or Local Agency Very High Fire Hazard Severity Zone shall comply with the requirements of this Chapter 4-9to mitigate the conditions where vegetative fuels may readily transmit fire to n ^+^i^ ^ def—sible ^^^^^ buildings and threaten to pr^+^^+ structures ;+k;- c^^^; -I Fire or„+„^+.,^ Areas destroy life, overwhelm fire suppression capabilities, or result in large property losses. 4901.2 Purpose. The purpose of this code is to provide minimum vegetative maintenance standards to reduce the severity of exterior wildlife exposure to buildings, and to decrease the exposure from a building fire to the wildland-urban interface area. 4901.3 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces shall be responsible for modifying or removing non -fire resistive vegetation. These regulations apply to all paFGels e,f land Hazard Reduction Zones and Local Agency Very High Fire Hazard Severity Zones located within the City of Newport Beach. SECTION 4902 DEFINITIONS 4902.1 Definitions. The following terms are defined in Chapter 2: DEFENSIBLE SPACE. FUEL MODIFICATION PLAN. FUEL MODIFICATION ZONE. HAZARD REDUCTION ZONE. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE WILDLAND. WILDLAND FUELS. WILDLAND-URBAN INTERFACE AREA. SECTION 4903 MAINTENANCE OF BEFENS-1-81-€SPAG€FUEL MODIFICATION ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 44 of 68 wift ^ci DEFENSIBLE SPACE. FUEL MODIFICATION PLAN. FUEL MODIFICATION ZONE. HAZARD REDUCTION ZONE. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE WILDLAND. WILDLAND FUELS. WILDLAND-URBAN INTERFACE AREA. SECTION 4903 MAINTENANCE OF BEFENS-1-81-€SPAG€FUEL MODIFICATION ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 44 of 68 4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, and Local Agency Very High Fire Hazard Severity Zones not in compliance with the respective guidelines shall constitute a fire hazard. 4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall be maintained in accordance with the approved plan and the City of Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard." ON Nick- M�z 45 of 68 e • _ e e e ti17T .. _ _ . _ .. _ . _ .. .. .. . �7S77LT-fT-T-Sl.S� 4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone shall be maintained in accordance with the City of Newport Beach Fire Department Guidelines and Standards G.01 "Hazard Reduction Zones." 46 of 68 owl 11 1 1111 1P.M.1ow. M. PON 46 of 68 M. PON 46 of 68 SECTION 49054904 CONSTRUCTION REQUIREMENTS FOR STRUCTURES .A.^^'.AGENT TA SPECIA„-.1— FIRE P-ROT€CTITION—AR€ASWITHIN HAZARD REDUCTION ZONES AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 480314904.1 General. In addition to the regulations found in Chapter 7A of the California Building Code and other relevant sections of the California Building Code, all new construction; .o ^^^wand Rdditeas teexisting structures that are increased in size by 2,000 square feet or more and exceed 50% of the area of the existing structure located on parcels of land a4jasePA-IGwithin the City of Newport Beach Sryesial .-teeten AFeas, whieh 6reetly abut wildland space OF a designated fuel mod0fip2tion side,.-; Hazard Reduction Zone and Local Agency Very High Fire Hazard Severity Zones shall be built in accordance with the regulations found in Section 4904 and 4905 of this code. ., ., .. RIP 47 of 68 4905.3 904.2 Authority. The Fire Chief shall have the authority to designate all Spee+al nre Hazard Reduction Zones, and the City Council shall adopt, by ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179(a). 498344904.3 Fuel Modification Requirements for New Construction. All new an4 ^,gid—structures located on parcels of land which are designated Hazard Reduction Zones or Local Aaencv Very Hiah Fire Hazard Severitv Zones shall comDly .rGrS1:s=r.S7:7T.lLitrsa�'nnT:a_r_er,:�V:T7�ME9f7Or."M V.9:W.ntI 4904.3.1 Fuel Modification Reauirements for Additions to Existina Structures. All additions to structures that are 2,000 square feet or more and exceed 50% of the area of the existing structure located on parcels of land which are designated Hazard Reduction Zones or Local Aaencv Very Hiah Fire Hazard Severitv Zones shall comDly with this section 4905.4.1 904.3.2 Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a gra44agbuilding permit. The plans shall be developed using the criteria set forth in the Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard."", i'�'� l nesfA W oldland FiFe LJazaFd areas 4905 434904.3.3 Alterations. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved by the fire code official. 490354904.3.4 Issuance of grading or building permits. No grading permit or building permit shall be issued for new and ;^^^^tedgualifying additions to existing structures prior to the submittal ^^,+ approval by the Fire Department of pfe44m4iaFythe submitted fuel modification plans as required by this section. 4905.64904.3.5 Street widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width. 48 of 68 SECTION 49064905 BUILDING CONSTRUCTION FEATURES 4906 14905.1 Proximity to property lines. New _RRd r^^^^^tr„nte,t structures built to the requirements of Section 7A of the California Building Code shall tae -not be less than fivethree feet (1 524 x; m.915 m) from an adjacent property line. Areas shall be maintained free of obstructions at all times. Exception: Refuse cans for residential use. F.,terier walls with e s fani^^ exter'E)re side of the wall is nstr eted of ignitien Fes'stant material ene he r fire re dant r heavy timber n nstn intim R. 4906 24905.2 Combustible construction prohibited.in 20feet A" Zero No attached or detached buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the 20 foot setback of the fuel MAdif'nat'nn ZePv8_Zone A setback, as described in the City of Newport Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard" unless completely constructed of non-combustible materials. SECTION 49974906 SPECIAL FIRE PROTECTION ,A , REAS/HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH FIRE HAZARD SVERITY ZONE MAP 490714906.1 Map. The Fire Chief shall cause an official map of the SpeGial Fire PFateetiORArea Hazard Reduction Zones to be prepared. The City Council shall adopt by ordinance a map of the Local Agency Very High Fire Hazard Severity Zones. to be p;�. These maps shall be reviewed, and updated or amended e^ a tie baoio e n fre^„en+l., as deemed necessary. Whee a pFepert„ i .,,.I„ded frem a Fire Dretentie.n Area/ /eny High Fire Hazard Severity Tenn, the Fire Chief shall n the Seeeial Fire Preteetiea Area/Ver.. High Fire Hazard Severity Zane map to be nrlerl to rnflnnt s nb nvnlnsinn n arl rlitinn SECTION 49094907 USE OF EQUIPMENT INSPECIAl CICO PROTECTION AREAS LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 490214907.1 Equipment prohibited without a spark arrestor. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining aRy hazaFde,.s fire area Local Agency Very High Fire Hazard Severity Zones, any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as defined in Section 49994908.3 of the Fire Code and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 49994908.4 of the Fire Code. 49 of 68 4908:24907.2 Spark arrestor installation. Spark arrestors affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 499834907.3 Spark arrestor design. A spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 49084907.4 Spark arrestor exemption for vehicles. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and the turbocharger is in effective mechanical condition. SECTION 49094908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE HAZARDOUS SEVERITY ZONESFIRE AREAS 4909.1 908.1 General. The Fire Chief shall determine and publicly announce when h�;�rdA—s f rp a%asLocal Agency Very High Fire Hazard Severity Zones shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Local Agency Very High Fire Hazard Severity Zones, hA;ZAFdeus fire aTeas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the f"^ ^r^^Local Agency Very High Fire Hazard Severity Zone is closed to entry, is prohibited. Exceptions: 1.A: Residents and owners of private property within hazardous fire ^ easLocal Agency Very High Fire Hazard Severity Zones and their invitees and guests going to or being upon their lands. 2.B-. Entry in the course of duty by peace or police officers, aad-other duly authorized public officers, and members of a fire department., ^^(J membeFs Of the l^+^d- States Forest SeMGe. 50 of 68 I, GTS reitIN SECTION 49424909 OPEN FLAME DEVICES IN uA7AR—DO S FIRE AREAS LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4942x4909.1 General. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon hazarde-:s fire areasLocal Agency Very High Fire Hazard Severity Zones, except by permit from the fire code official. Exception: Use within habited premises which are a minimum of 30 feet (O1 ^x„914 m) from grass , graiR or brush, er fere6r_covered areas. Flame -employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon hazardaws fire areas -.g Local Agency Very High Fire Hazard Severity Zone. Exception: The proper use of a fusee at the scene of emergencies. SECTION 49434910 OUTDOOR FIRES IN H'A7' A'RD01I�EAREASLOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 494344910.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hpvzAr n, Is fir ^ ^^^ Local Agency Very High Fire Hazard Severity Zones and hazard reduction zones, except by permit from the fire code official. Exception: 9atdeep4Fires located within habited pFemises the property boundary of inhabited premise or designated campsites where such fires are built in a permanent 51 of 68 barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (°' ^� T4 , „ g.14 m) from a -grass , graiR , or brush- Ar forest --covered areas. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazaF ous fi.^ aFea Local Agency Very High Fire Hazard Severity Zones or in hazard reduction zones under the following conditions: 1.A: ` hE?R high •• iRds ^F^ b'^• '^^,When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25 MPH. 2.B-. When a person age 18 or over is not present at all times to watch and tend such fire. --Gr 3.G When public announcement is made that open burning is prohibited. 4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. SECTION 49444911 RECREATIONAL FIRES IN SR€CIAL FIRE PROTECTION AREASLOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4944.1 911.1 General. Recreational fires ^hal be built, installed, or maintained in or„to^t,^^ Areas; Local Agency Very High Fire Hazard Severity Zones or hazard reduction zones shall only use natural gas or propane fuel. w+theutprier Combustible solid fuels are prohibited iR speGia; fiFe protection areas, only natural gas eF pFepane flame is alk;wpd regardless if a spark arrestor is utilized. Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen lid or door. 9.04.100 Amendments to Chapter 27-50 Hazardous Materials—General Provisions. Section "�P 5003.12 Outdoor Control Areas is amended by adding item No. 5 to read as follows: 5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official. 52 of 68 Section 275004.1 Scope is amended by adding Section 27^x, 04T.15004.1.1 to read as follows: "^�4T45004.1.1 Maximum quantity on site. No person shall use or store any amount of eExtremely #}Hazardous &Substances (EHS) equal to or greater than the disclosable amounts as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to property developed with residential uses, unless approved mitigation measures are implemented and maintained, as required by the fire code official. 9.04.110 Amendments to Chapter 3356 Explosives and Fireworks. Section 3301 15601.1 Scope is amended and Sections 33105610 and 33115611 are added to read as follows: 3305601.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Chapter 3356. For explosives requirements, see Title 19 California Code of Regulations, Chapter 10. For Fireworks requirements, see Title 19 California Code of Regulations, Chapter 6. SECTION 33405610 FIREWORKS 334015610.1 Fireworks IIAG and fireworks 1.3G. No person shall store, use, sell, possess, or handle fireworks 1 AG, (commonly referred to as "Safe and Sane") and fireworks 1.3G anywhere in the City of Newport Beach. Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired public display when permitted and conducted by a licensed pyrotechnic operator. 3310.25610.2 Seizure of fireworks. The fire code official and his/her agent shall have the authority to seize, take, and remove any fireworks stored, sold, offered for sale, used or handled in violation of the provisions of this code. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law. SECTION 33145611 STORAGE OF EXPLOSIVES AND BLASTING AGENTS 335611.1 Storage of explosives and blasting agents. No person shall store explosives or blasting agents anywhere in the City of Newport Beach unless the fire code official has issued a permit authorizing use and/or storage. 9.04.120 Amendments to Chapter 3457 Flammable and Combustible Liquids. Section �z °^^^ "5704.2.11.2 F'^m^-h'^ and Combustible"�' ', is amended by adding "^� No. 4 to read as follows: 53 of 68 4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as PGAR-b"Sh8 , iR T -41P 'redefined in Chapter 20.05 of the Newport Beach Municipal Code. Section 3406.45706.4 Bulk plants or terminals is amended to read as follows: 3406.45706.4 Bulk plants or terminals. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers are prohibited within the boundaries of the City of Newport Beach except as permitted by the fire code official. Approved installations shall comply with Sections 3486 445706.4.1 through 3496.4.10.45706.4.10.4. 9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings. Section B105.2 Buildings other than one -and two-family dwellings is amended to read as follows: B105.2 Buildings Other Than One -and Two- Family Dwellings. The minimum fire flow and flow duration for buildings other than one -and two-family dwellings shall be as specified in Table B105.1. Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed duration as specified in Table B105.1. 9.04.140 Local Agency Very High Fire Hazard Severity Zone The City of Newport Beach designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the California Government Code. 54 of 68 RESOLUTION NO. 2013— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA FIRE CODE AS REASONABLY NECESSARY. WHEREAS, Health and Safety Code Section 17958 mandates that the City of Newport Beach ("City") adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2013 California Fire Code based on the 2012 International Fire Code of the International Code Council; and WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic, or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes pursuant to Section 17958.5, make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; and WHEREAS, the Fire Chief has recommended that changes and modifications be made to the Codes and has advised that these changes and modifications to the model codes are reasonably necessary due to local conditions in the City of Newport Beach and has further advised that the remainder of said changes and modifications are administrative or procedural in nature. NOW THEREFORE, the City Council of the City Of Newport Beach does hereby RESOLVE as follows: SECTION 1: The following changes and modifications to the 2013 Edition of the California Fire Code as recommended by the Fire Chief are hereby found to be necessary due to local climatic, geographic, or topographic conditions: 55 of 68 SECTION JUSTIFICATION/EXPRESS FINDINGS 202 (Definitions) a, b, c, d, e, f, g, h, i 305 (Ignition Sources) a, b, c, i 307.4.2.1 (Recreational Beach Fires) a, b, c, i 319 (Geological Surveys) d, e, f, g, h 503.2.1 (Dimensions) a, b, c, d, e, f, g, h 503.2.4 (Turning Radius) a, b, c, d, e, f, g, h 503.2.5 (Dead Ends) a, b, c, d, e, f, g, h 503.2.7 (Grade) a, b, c, d, e, f, g, h 503.4.2 (Fire Apparatus Access Roads) a, b, c, d, e, f, g, h 503.6.1 (Vehicle Access Gates) a, b, c, d, e, f, g, h 505.1.1 (Premises Identification) a, b, c, d, e, f, g, h 510.4 (Technical Requirements) a, b, c, d, e, f, g, h 511.1 (Building Information) a, b, c, d, f, h 604.2.15.2.2 (Emergency Power Outlets) d, e, f 903.2 (Where Required) a, b, c, d, e, f, g, h, i 903.2.8 (Group R) a, b, c, d, e, f, g, h, i 903.3.1.2.2 (Alarms) a, b, c, d, e, f, g, h, i 903.3.1.4 (System Design) a, b, c, d, e, f, g, h, i 907.1.6 (System Design) a, b, c, d, e, f, g, h, i 907.3.1 (Duct Smoke Detectors) a, b, c, d, e, f, g, h, i 912.1.1 (Installation) a, b, c, d, e, f, g, h, i 912.2 (Location) a, b, c, d, e, f, g, h, i 912.2.1 (Visible Location) a, b, c, d, e, f, g, h, i 3603.6 (Berthing and Storage) e, f, g, h 3603.6.1 (Multiple Berthing) e, f, g, h 3603.6.2 (Permitted Multiple Berthing) e, f, g, h 3604.1 (General, Piers, Marinas) e, f, g, h 3604.2 (Standpipes) e, f, g, h 56 of 68 SECTION JUSTIFICATION/EXPRESS FINDINGS 4901 (Reduction of Brush) a, b, c, e, i 4902 (Definitions) a, b, c, e, i 4903 (Maintenance of Fuel) a, b, c, e, i 4904 (Construction Requirements) a, b, c, e, i 4905 (Building Construction Features) a, b, c, e, i 4906 (Hazard Reduction Zone) a, b, c, e, i 4907 (Use of Equipment in Local Agency) a, b, c, e, i 4908 (Restricted Entry to VHFHSZ) a, b, c, e, i 4909 (Open Flame Devices) a, b, c, e, i 4910 (Outdoor Fires in Local Agency) a, b, c, e, i 4911 (Recreational Fires in Local Agency) a, b, c, e, i 5003.12 (Outdoor Control Areas) a, b, c, d, e, f, g, h 5004.1.1 (Maximum Quantity On Site) a, b, c, d, e, f, g, h 5601.1 (Explosives and Fireworks) a, b, c, i 5610 (Fireworks) a, b, c, i 5611.1 (Storage of Explosives) a, b, c, i 5704.2.11.2 (Flammable & Combustible) a, b, c, i 5706.4 (Bulk Plants or Terminals) a, b, c, i 8105.2 (Fire -Flow Requirements) a, b, c, d, e, f, g, h, i SECTION 2: Findings: a. The City is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, will greatly impact the response time to reach an incident scene. b. Many areas of Newport Beach have significant growths of vegetation of a highly combustible nature. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for the building occupants and by containing or controlling the spread of 57 of 68 fire. Fire sprinkler systems also provide an efficient use of water for the control and containment of fires and lessen the environmental impact of water runoff from fire suppression activities. C. The City, especially the foothill areas, is geographically located in an area periodically subject to hot, dry, wind conditions of high velocity. The topographical conditions of the foothill areas and canyons contained therein can accelerate the periodic high velocity winds by means of a venturi effect. Accordingly, pursuant to California Government Code Section 51179 and by City ordinance, the City has designated these types of areas as Local Agency Very High Fire Hazard Severity Zones. These zones identify the type of climate, geography, and topography that potentially increase the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. d. The City is located in a seismically active area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ), which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast) that claimed 120 lives and damaged areas from Laguna Beach to Marina del Rey and inland to Whittier. The NIFZ poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The City contains hilly areas subject to landslide and coastal areas subject to liquefaction. e. The City is located in a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave structures vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. f. The City is located in a low to moderate tsunami area. These seismic sea waves have the ability to flood large sections of the low-lying areas. These flood conditions also impact the response and activity level of the Fire Department. g. The City contains low-lying coastal areas subject to flooding from sustained rain with tide which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through the Back Bay. The southern boundary of the City is along the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves that can cause flooding in areas of the city. 58 of 68 h. Along part of the western boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities until it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is contained in a man-made channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. West Newport Beach is subject to flooding from the Santa Ana River. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, and the expected infrastructure damage inherent in a seismic hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate extended Fire Department response time and keep fires manageable with reduced fire flow (water) requirement for a given structure. SECTION 3: A copy of this Resolution together with the Ordinances adopting the City Codes shall be filed with the California Building Standards Commission and the California Department of Housing and Community Development by the City Clerk of the City of Newport Beach as required by State law (Health and Safety Code Section 17958.7). SECTION 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of November, 2013. ATTEST: Leilani I. Brown, City Clerk Keith D. Curry, Mayor 5 59 of 68 NBMC SECTION CFC SECTION & TITLE ACTION COMMENTS 9.04.020 104.1.1 Existing Grants authority to the fire code official overall Sco a No Chane land and occupancies. 9.04.020 105.5.1 Existing States that fire permit can be revoked by fire (Permits) No Change code official if construction activity or process not in compliance with codes. 9.04.020 111.4 Existing States if work continues after stop work order Failure to comply) No Chane issued, person liable for a fine. 9.04.030 202 Existing Defines the term Dock. Definitions No Change 9.04.040 305.7.1 Existing Grants authority to the fire code official to give (Notice) No Change 30 day notice to owner to abate the hazard or further action will be taken. 9.04.040 305.7.2 Existing Grants authority to the fire code official to (Commencement of No Change order property owner to correct actions on abatement proceedin s) his/her findings. 9.04.040 305.7.3 Existing Grants authority to the fire code official to give (Service of notice) No Change 15 day notice to owner to abate the hazard or City will take action to abate fire hazard. 9.04.040 305.7.4 Existing States owner may appeal fire code official's A eal No Chane decision within 10 days of his/her notice. 9.04.040 305.7.5 (Abatement Existing States all hearings are heard by fire code (Hearing Procedure) No Change official or fire chief who may impose decision within 30 calendar days to owner. 9.04.040 305.7.6 Existing Grants authority to City to do work if owner (Private Property No Change doesn't comply within designated period. Abatement 9.04.040 305.7.7 Existing Grants authority to the fire code official to do (Emergency Private Property No Change immediate work necessary to eliminate Abatement) hazard, post notice, appeal process within 10 calendar days of work performed. 9.04.040 305.7.8 Existing Establishes all costs involved in the correction Abatement Costs No Chane of substandard conditions and fire hazards. 9.04.040 305.7.9 Existing Establishes the City has no limits or (Other Abatement No Change restrictions to enforce its ordinances or Procedures) abatements. 9.04.040 307.4.2.1 Existing States no person can have any beach, camp, (Beach, Camp & No Change recreational fire any at public place within the Recreational Fires) city. 9.04.050 503.2.1 Existing Establishes minimum widths and vertical Dimensions No Chane clearance. 9.04.050 503.2.7 Existing Establishes maximum road grade. Grade No Change 9.04.050 511.1 Existing Grants authority to fire code official onsite Buildin Information No Chane storage of preplans be accessible. 9.04.130 B105.2 Existing Fire Flow Requirements for Buildings. A endices No Change 9.04.140 CFC/CBC references this Existing Defines the City's local agency very high fire legislation. No Chane hazard severity zones VHFHSZ . 60 of 68 NBMC SECTION CFC SECTION & TITLE ACTION COMMENTS 9.04.020 103.2 Revises Removes "for cause" language. Appointment Existing 9.04.020 107.6.1 Revises Renumbers Section 107.6.1 to Section 107.5.1. (Occupant Count) Existing Establishes places of assembly have occupant count. 9.04.030 202 Revises Terminology change: Defines Cul-de-sac, (Definitions) Existing Defensible Space, Local Agency Very High Fire Hazard Severity Zone. 9.04.040 305.5 Revises Establishes vegetation requirements in wildland- Ve etation Existing urban interface areas. 9.04.040 305.6 Revises Revises Title Clearance of brush or vegetation (Clearance of brush or Existing growth from roadways to Reduction of brush or vegetation growth from vegetation growth from roadways. Establishes roadways) requirements for remove of brush/vegetation from roadways, vehicular pathways free of flammable vegetation, and removes language permitting the fire code official to enter upon property to perform abatement activities. 9.04.040 318.1 Renumbered Renumbers Section 318.1 to Section 319.1. General 9.04.040 318.2 Renumbered Renumbers Section 318.2 to Section 319.2. (Geological surveys) 9.04.050 503.2.4 Revises Establishes minimum turning radius. Turnin Radius Existing 9.04.040 503.4.2 (Traffic Calming Revises Establishes traffic calming policy; revises Policy) Existinq Ian ua a consistent with the 2013 CFC. 9.04.050 503.6.1 Revises Establishes minimum gate widths for fire access Vehicle accessgates) Existing roads. 9.04.070 903.2 Revises Defines "building area" in greater detail. Where re wired Existing 9.04.070 903.2.2 (Existing Buildings) Revises Removes the term "reconstruction." Existing 9.04.070 903.2.8.2(Existing Buildings Revises Removes the term "reconstruction." Group R) Existing 9.04.070 903.3.1.4 Revises Establishes NFPA 13 and 13R sprinkler systems (System design) Existing design be in accordance with NBFD Guidelines and Standards F.02 Fire Sprinkler System Design Pressure. 9.04.070 907.1.6 Revises Added exception provides greater flexibility for S stem desi n Existing fully addressable alarms stems. 9.04.070 912.1.1 Revises Revises title Configuration to Installation. (Configuration) Existing Streamlines ordinance language; Consolidates language. 9.04.070 912.2.1 Revises Requires fire department connections be located Visible location Existing on the address side of a building. 9.04.080 4502 Renumbered Renumbers Section 4502.1 to Section 3602.1; Definitions Definitions moved to Chapter 2. 61 of 68 9.04.080 4503.6 Renumbered Renumbers Section 4503.6 to Section 3603.6. (Berthing and storage) 9.04.080 4503.6.1 Renumbered Renumbers Section 4503.6.1 to Section Multiple berthing) 3603.6.1. 9.04.080 4503.6.2 Renumbered Renumbers Section 4503.6.2 to Section (Permitted multiple and Revises 3603.6.2; language modification. berthing) Existing 9.04.080 4504.1 Renumbered Renumbers Section 4504.1 to Section 3604.1. General 9.04.080 4504.2 Renumbered Renumbers Section 4504.2 to Section 3604.2. Standpipes 9.04.090 4901 Revises Revises title Clearance of Brush from (Clearance of Brush from Existing Structures to Reduction of Brush from Structures) Structures. 9.04.090 4901.1 Revises Revises title General to Scope. Establishes (General) Existing owner or property management maintaining parcel of land designated Hazard Reduction Zone or Local Agency are to mitigate the conditions where vegetative fuels readily transmit fire to structures. 9.04.090 4901.3 Revises Requires owners or persons maintained (General) Existing buildings or structures require defensible spaces and regulations apply to all Hazard Reduction Zones and Local Agency VHFHSZ; removes Special Fire Protection Areas SFPA . 9.04.090 4902.1 Revises Definition moved to Chapter 2; "Defensible Definitions Existing Space" is revised. 9.04.090 4903 Revises Revises title Maintenance of Defensible Space (Maintenance of Defensible Existing to Maintenance of Fuel Modification Zones, Space) Hazard Reduction Zones, and Local Agency Very High Fire Hazard Severity Zones; Streamlines ordinance language. 9.04.090 4903.2 Revises Revises Title Shrubs and Bushes to Fuel (Shrubs and Bushes) Existing Modification Zone and establishes all elements of fuel modification zone shall be maintained in accordance with approved plan and Newport Beach Fire Department Guidelines and Standards G.02 Fuel Modification Plans and Maintenance; streamlines ordinance language. 9.04.090 4903.3 Revises Revises Title Ground Cover to Hazard (Ground cover) Existing Reduction Zone and establish all elements of the Hazard Reduction Zone be maintained in accordance with Newport Beach Fire Department Guidelines and Standards G.01 Hazard Reduction Zones; Streamlines ordinance language. 9.04.090 4905 Renumbered Renumbers Section 4905 to Section 4904; (Construction Requirements and Revises revises title Construction Requirements for for Structures Adjacent to Existing Structures Adjacent to Special Fire Protection Special Fire Protection Areas to Construction Requirements within Areas) Hazard Reduction Zones and Local Agency Very High Fire Hazard Severity Zones; 62 of 68 9.04.090 4905.1 Revises Renumbers Section 4905.1 to Section 4904.1; (General) Existing revised by removing Special Fire Protection Areas; adds Local Agency Very High Fire Hazard Severity Zones and Hazard Reduction Zones. 9.04.090 4905.3 Renumbered Renumbers Section 4905.3 to Section 4904.2 (Authority) and Revises and establishes Fire Chief has authority to Existing designate all Hazard Reduction Zones and Council shall adopt by ordinance the Local Agency Very High Fire Hazard Severity Zone. 9.04.090 4905.4 Renumbered Renumbers Section 4905.4 to Section 4904.3; (Fuel Modification and Revises establishes all new structures in Hazard Requirements for New Existing Reduction Zones or Local Agency Very High Construction) Fire Hazard Severity Zones subject to the fuel modification requirements of this Chapter. 9.04.090 4905.4.1 Renumbered Renumbers Section 4905.4.1 to Section (Plans) and Revises 4904.3.2 and requires plans be submitted and Existing approved by fire code official prior to issuance of a building permit as set forth in Newport Beach Fire Department Guidelines and Standards G.02 Fuel Modification Plans and Maintenance Standard. 9.04.090 4905.4.3 Renumbered Renumbers Section 4905.4.3 to Section Alterations 4904.3.3. 9.04.090 4905.5 Renumbered Renumbers Section 4905.5 to Section (Issuance of grading or and Revises 4904.3.4, revises title Issuance of grading or building permits) Existing building permits to Issuance of building permits; and establishes no grading or building permit be issued for new and qualifying additions to existing structures prior to the approval by the Fire Department of the fuel modification plan. 9.04.090 4905.6 Renumbered Renumbers Section 4905.6 to Section Street widths 4904.3.5. 9.04.090 4906 Renumbered Renumbers Section 4906 to Section 4905. (Building Construction Features 9.04.090 4906.2 Renumbered Renumbers Section 4906.2 to Section 4905.2. (Combustible construction) and Revises Revises Title Combustible Construction to Existing Combustible Construction Prohibited and establishes combustible construction prohibited in Zone A setback as described in Newport Beach Fire Department Guidelines and Standards G.02 Fuel Modification Plans and Maintenance Standard. 9.04.090 4907 Renumbered Renumbers Section 4907 to Section 4906. (Special Fire Protection and Revises Revises Title Special Fire Protection Areas) Existing Areas/Very High fire Hazard Severity Zone Map to Hazard Reduction Zone/Local Agency Very High Fire Hazard Severity Zone Map. 9.04.090 4907.1 Renumbered Renumbers Section 4907.1 to Section 4906.1. (Map) and Revises Establishes official map is Hazard Reduction Existing Zones. 63 of 68 9.04.090 4908 Renumbered Renumbers Section 4908 to Section 4907. (Use of Equipment in and Revises Revises Title Use of Equipment in Special Fire Special Fire Protection Existing Protection Areas to Use of Equipment in Local Areas) Agency Very High Fire Hazard Severity Zones and Hazard Reduction Zones. 9.04.090 4908.1 Renumbered Renumbers Section 4908.1 to Section 4907.1. (Equipment prohibited and Revises Establishes no person operate equipment without a spark arrestor) Existing without a spark arrestor upon a Local Agency Very Hiah Fire Hazard Severity Zone. 9.04.090 4908.2 Renumbered Renumbers Section 4908.2 to Section 4907.2. Spark arrestor installation 9.04.090 4908.3 Renumbered Renumbers Section 4908.3 to Section 4907.3. S ark arrestor desi n 9.04.090 4908.4 Renumbered Renumbers Section 4908.4 to Section 4907.4. (Spark arrestor exemption for vehicles) 9.04.090 4909 Renumbered Renumbers Section 4909 to Section 4908. (Restricted Entry to and Revises Revises Title Restricted Entry to Hazardous Hazardous Fire Areas) Existing Fire Areas to Restricted Entry to Very High Fire Hazardous Severity Zones. 9.04.090 4909.1 Renumbered Renumbers Section 4909.1 to 4908.1. (General) and Revises Establishes Fire Chief can determine and Existing announce Local Agency Very High Fire Hazard Severity Zones be closed for residents and private property within the Local Agency Very High Fire Hazard Severity Zones. 9.04.090 4912 Renumbered Renumbers Section 4912 to Section 4909. (Open Flames in Hazardous and Revises Revises Title Open Flames Devices in Fire Areas) Existing Hazardous Fire Areas to Open Flame Devices in Local Agency Very High Fire Hazard Severity Zones and Hazard Reduction Zones. 9.04.090 4912.1 Renumbered Renumbers Section 4912.1 to Section 4909.1. (General) and Revises Establishes equipment liable to start fire not be Existing operated or used in the Local Agency Very High Fire Hazard Severity Zones and exception would be from grass or brush covered areas. 9.04.090 4913 Renumbered Renumbers Section 4913 to Section 4910. (Outdoor Fire in Hazard Fire and Revises Revises Title Outdoor Fires in Hazardous Fire Areas) Existing Areas to Outdoor Fires in Local Agency Very High Fire Hazard Severity Zones and Hazard Reduction Zones. 9.04.090 4913.1 Renumbered Renumbers Section 4913.1 to Section 4910.1. (General) and Revises Establishes outdoor fires prohibited in or upon Existing Local Agency Very High Fire Hazard Severity Zones and hazard reduction zones. 9.04.090 4910.2 Revises Establishes all barbeques, outdoor fireplaces or (Prohibited Uses) Existing grills shall not be used for disposal of rubbish, trash or combustible waste material. 64 of 68 9.04.090 4914 Renumbered Renumbers Section 4914 to Section 4911. (Recreational Fires in and Revises Revises Title Recreational Fires in Special Fire Special Fire Protection Existing Protection Areas to Recreational Fires in Local Areas) Agency Very High Fire Hazard Severity Zones. 9.04.090 4914.1 Renumbered Renumbers Section 4914.1 to Section 4911.1. (General) and Revises Establishes recreational fires installed or Existing maintained in Local Agency Very High Fire Hazard Severity Zones or hazard reduction zones only use natural gas or propane fuel. 9.04.100 2703.1.2 Renumbered Renumbers Section 2703.1.2 to Section Outdoor Control Areas 5003.12. 9.04.100 2704.1 Renumbered Renumbers Section 2704.1 to Section 5004.1. (Scope) 9.04.100 2704.1.1 Renumbered Renumbers Section 2704.1.1 to Section (Maximum quantity on site) and Revises 5004.1.1. Unless approved mitigation Existing measures are implemented and maintained by fire code official, no storage of any EHS is permitted in a residential zone. 9.04.100 3301.1 Renumbered Renumbers Section 3301.1 to Section 5601.1. (Scope) 9.04.100 3310 Renumbered Renumbers Section 3310 to Section 5610. Fireworks 9.04.100 3310.1 Renumbered Renumbers Section 3310.1 to Section 5610.1. (Fireworks 1.4G and fireworks 1.3G 9.04.100 3301.2 Renumbered Renumbers Section 3310.2 to Section 5610.2. (Seizure of fireworks) Establishes fire code official and his/her agency has authorization to confiscate fireworks. 9.04.100 3311 Renumbered Renumbers Section 3311 to Section 5611. (Storage of Explosives and Blasting Agents) 9.04.100 3311.1 Renumbered Renumbers Section 3311.1 to Section 5611.1. Stora a of explosives) 9.04.120 3404.2.11.2 Renumbered Renumbers Section 3404.2.11.2 Section (Flammable and and Revises 5704.2.11.2. Establishes flammable and Combustible Liquids) Existing combustible liquids prohibited in any residential district as defined in Title 20. 9.04.120 3406.4 Renumbered Renumbers Section 3406.4 to Section 5706.4. Bulk tants or terminals. 9.04.140 Very High Fire Hazard Revises Revises title to Local Agency Very High Fire Severity Zone Existing Hazard Severity Zone. 65 of 68 NBMC SECTION CFC SECTION & TITLE ACTION COMMENTS 9.40.030 202 New Defines, "Fuel Modification Plan," "Fuel (Definitions) Modification Zone," "Hazard Reduction Zone," "Wildland," "Wildland Fuels," and "Wildland- Urban Interface Area." 9.04.050 503.2.5 Modifies Modification of the required cul-de-sac distance (Dead ends) Existing from the existing 150 feet to 200 feet. 9.04.050 505.1.1 Modifies Streamlines ordinance language; simplifies and (Premise Identification) Existing modifies existing Section 505.1 language. 9.04.050 510.4 Modifies Streamlines ordinance language. Removes (Technical Requirements) Existing redundant language with the 2013 CFC; references NBFD Guideline and Standard D.05. 9.04.060 604.2.15.2.2 Modifies Requires electrical outlets connected to the (Emergency Power Outlets) Existing emergency generator circuitry/system in every fire control room. Removes Sections A thru F. 9.04.070 903.3.1.2.2 Modifies Removes the minimum of one approved interior (Alarms) Existing and exterior alarm device in each unit. Limits scope to NFPA 13 and 13R systems. 9.04.070 912.2 Modifies Changes from 150 feet to 100 feet, the (Location) Existing maximum distance between a public hydrant and a fire department connection. This change is consistent with CFC Section 507.5.1.1 Hydrant for standpipe systems. 9.04.090 4901.2 New Defines purpose of Chapter 4901 Reduction of (Purpose) Brush from Structures. 9.04.090 4903.1 New Defines non-compliance in a Hazard Reduction (Compliance) zone and/or Local Agency Very High Fire Hazard Severity Zone as a fire hazard. 9.04.090 4905.1 Renumbered Renumbers Section 4905.1 to Section 4904.1; (General) and Modifies requires all new construction and existing Existing structures increased by 2,000 sq. ft or more and exceeding 50% of the existing area within Hazard Reduction Zone or Local Agency Very High Fire Hazard Severity Zones be built in accordance with Section 4904 and 4905 of this code. 9.04.090 4904.3.1 (Fuel Modifies Clarifies existing Section 4905.4. Establishes all Modifications requirements Existing existing structures increased by 2,000 sq. ft or for additions to existing more and exceeding 50% of the existing area structures) within Hazard Reduction Zone or Local Agency Very High Fire Hazard Severity Zones be subject to the fuel modification requirements of this Chapter. Compliments and provides consistency with new construction fuel modifications requirements. 9.04.090 4906.1 (Proximity to Modifies Renumbers Section 4906.1 to Section 4905.1; property lines) Existing Changes the minimum set back in very high fire hazard zones and hazard reduction zones from 5 feet to 3 feet where allowed by zoning codes. 66 of 68 NBMC CFC SECTION & TITLE ACTION COMMENTS SECTION 9.04.020 105.1.1 Delete Not Required. Permit conditions are printed on (Permit Fees) the issued permit. Streamlines ordinance language. 9.04.020 105.6.19 Delete Deletion of this activity or use is not necessary (Fumigation) by ordinance. Streamlines ordinance language. 9.04.020 109.4 Delete Violation provisions covered in Chapter 1.04 of (Violation penalties) the Newport Beach Municipal Code. 9.04.030 202 Delete Terms deleted: High Rise Building; Existing High (Definitions) Rise Structure; High Rise Structure, Exposed Side, Reconstruction, Special Fire Protection Area, Unenclosed Structure, Very High Fire Hazard Severity Zone. 9.04.040 307.1.1 Delete Prohibits offensive open flames that cause odor (Prohibited open burning, emissions. Conforms to changes in the 2013 recreational fires and/or CFC. outdoor fireplaces 9.04.050 503.1.1 Delete Removes Exception 1: Turnaround exception for (Buildings & facilities sprinkled building. 9.04.050 503.6 Delete Redundant with 2013 CFC Section 503.5 Entrancegates/chains) Required gates or barricades. 9.04.050 503.7 Delete Removal provides conformance with the CFC (Speed Bums "Traffic Calming Devices" definitions. 9.04.050 503.8 Obstructions Delete Redundant: Incorporated into 503.4.2 Policy 9.04.050 505.1 Delete Redundant: Incorporated into 505.1.1 Premises Premises Identification Identification. 9.04.050 506.1.2 Delete Redundant with 2013 CFC: Ke Box Contents Streamlines ordinance language. 9.04.050 508.1 Delete Requires all buildings more than 30' below fire (General) apparatus access to provide a fire command center. 9.04.050 510.1 Delete Redundant with 2013 CFC: Replaced by 510.4 (Emergency responder radio Technical Requirements coverage) 9.04.060 611.1 Delete Redundant with 2013 CFC Section 605.11. General Streamlines ordinance language. 9.04.070 903.2.8 Delete Grants the authority to fire code official to (Exception) approve alternative methods when fire protection is at an equivalent level. Authority to provide for alternative means provided for in the building and fire codes. 9.04.070 903.2.11.3 Delete 2013 CFC supersedes and replaces. (Buildings 40 feet or more in height) 9.04.070 903.3.1.2.3 Delete Streamlines ordinance language. Removes Permissible Omissions reference to NFPA 13D systems. 9.04.020 903.3.1.3.1 Delete Streamlines ordinance language. Removes Valves reference to NFPA 13D systems. 67 of 68 9.04.020 903.1.3.2 Delete Streamlines ordinance language. Removes Exterior and Interior Alarms reference to NFPA 13D systems. 9.04.050 907.2.13 Delete 55 foot High Rise definition removed. (High Rise Buildings) 9.04.050 907.2.19 Delete Streamlines ordinance language. (Deep underground buildings) 9.04.050 907.3.1 Delete Exception 1 is removed. Duct smoke detectors 9.04.050 907.4.5 Delete Streamlines ordinance language. (Door release service) 9.04.050 907.6.2.2 Delete Redundant with 2013 CFC. (Emergency voice/alarm Communications stems 9.04.050 907.7.3.2 Delete 55 foot High Rise definition removed. Hi h -Rise Buildin s 9.04.050 910.3.2.2 Delete Redundant with 2013 CFC. S rinklered dings) 9.04.050 912.1.1(A) (B) Delete Streamlines ordinance language. Required (Installation Exceptions) language is located within the body language of Section 912.1.1. 9.04.090 4903.4 Delete Incorporated into NBFD Guidelines and Firewood Standards G.01 and G.02. 9.04.090 4903.4 Delete Incorporated into NBFD Guidelines and Roofs Standards G.01 and G.02. 9.04.090 4901 Delete Incorporated into NBFD Guidelines and (Maintenance of Fuel Standards G.01 and G.02. Modification Zones 9.04.090 4904.1 Delete Redundant; language incorporated in Section General 4903.3. 9.04.090 4905.2 Delete Remove the following terms: Exposed side, (Definitions) Reconstruction, Special Fire Protection Area, and Unenclosed Structure. Very High Fire Hazard Severity Zone is redefined in Chapter 2. 9.04.090 4910 Delete Restricted access to VHFHSZ covered in (Trespassing on Posted Section 4908. Property) 9.04.090 4910.1 Delete Restricted access to VHFHSZ covered in General Section 4908. 9.04.090 4910.2 Delete Restricted access to VHFHSZ covered in (Signs) Section 4908. 9.04.090 4910.3 Delete Restricted access to VHFHSZ covered in (Trespassing) Section 4908. 9.04.090 4911 Delete Redundant to the Newport Beach Fire Code; (Explosives and Blasting in operational permit is required. Streamlines Hazardous Areas) ordinance language. 9.04.090 4911.1 Delete Redundant to the Newport Beach Fire Code; (General) operational permit is required. Streamlines ordinance language. 68 of 68 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to California Government Code Section 50022.3 that on Tuesday, November 12, 2013, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following matter: Introduction of the 2013 California Fire Codes Including Proposed Local Amendments Introduction of the 2013 California Fire Code including proposed local amendments is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect physical change In the environment), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Copies of the primary code and copies of the secondary code, if any, being considered for introduction by the City Council are on file with the City Clerk and are open for public inspection. All interested parties may appear and present testimony in regard to this item. If you challenge this item in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. This item may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Fire Department (Bay B -2nd Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Fire Department or access the City's website after the meeting to review the City Council's action on this item. For questions regarding this public hearing item please contact the City's Assistant Fire Chief, Kevin Kitch, at (949) 644-3106 or kkitch(a-)-NBFD.net. PROOF OF PUBLICATION STATE OF CALIFORNIA) )C COUNTY OF ORANGE ) I am a citizen of the United States a resident of the County of Los Angel am over the age of eighteen years, not a party to or interested in the nc published. I am a principal clerk of NEWPORT BEACH/COSTA M DAILY PILOT, which was adjudgE newspaper of general circulation September 29, 1961, case A6214, June 11, 1963, case A24831, for City of Costa Mesa, County of Ora and the State of California. AttachE this Affidavit is a true and complete c as was printed and published on following date(s): Saturday, October 30, 2013 Monday, November 9, 2013 I certify (or declare) under penalt perjury that the foregoing is true correct. Executed on December 3, 2013 at Los Angeles, California Signature`` ' 00 2 ci