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HomeMy WebLinkAbout26 - 1998 California Fire Code0 June 14, 1999 Council Agenda Item No. 26 TO: Mayor and Members of the City Council FROM: Tim Riley, Fire and Marine Chief SUBJECT Ordinance adopting the 1998 California Fire Code Recommended Action 1. Conduct a public hearing to adopt the 1998 California Fire Code with amendments as part of the Newport Beach Municipal Code. 2. Adopt ordinance as follows: Ordinance No. 99- An urgency ordinance of the City Council of the City of Newport Beach amending Title 9 to the Newport Beach Municipal Code to adopt the 1998 California Fire Code and local amendments to take effect concurrently with the State Code on July 1, 1999. 0 Application This is a request to update Title 9 of the Newport Beach Municipal Code by adopting, by ordinance, the attached model code and local amendments. The introduction and first reading was conducted on May 10, 1999. The public hearing was originally scheduled for May 24, 1999 but, at the direction of the California Building Standards Commission, further revisions to the original ordinance became necessary. In order for the 1998 California Fire Code (with specific local amendments necessary to meet Newport Beach's unique geographic, climatic and topographical conditions) to take effect with the State Code on July 1, 1999, the City Council must conduct a public hearing and adopt this urgency ordinance with an affirmative vote of at least 5 members. Conclusion Adoption of this ordinance will keep the City in step with current regulations and will assure compliance with State law. This revised Fire Code is needed for enforcement of minimum standards to safeguard life, health, property, and public welfare within the City of Newport Beach. ORDINANCE NO. 99- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT 1998 CALIFORNIA FIRE . CODE STATEMENT OF URGENCY - The City Council is adopting this Ordinance as an urgency measure for the following reasons: 1. The 1998 California Fire Code contains standards for the design, construction, quality of materials, equipment, and occupancy of structures that are necessary to protect life and property from the hazards of fire, explosion, flooding, collapse, and other peril or catastrophe. 2. The health, safety, and welfare of Newport Beach residents, businesses, and visitors would be jeopardized by the inability of the Fire and Marine Department to enforce provisions of 1998 California Fire Code as modified to address climatic, geographic, or topographic conditions. 3. If this Ordinance does not take affect immediately upon adoption by the City Council, Newport Beach would be unable, for a significant period of time, to enforce critical modifications to 1998 California Fire Code that are necessary to address climatic, geographic, or topographic conditions. 4. The adoption of this Ordinance as an urgency measure is necessary to preserve the health, safety, and welfare of Newport Beach residents, businesses, and visitors. The City Council of the City of Newport Beach finds as follows: FINDING OF FACTS - WHEREAS, Health & Safety Code Section 17958 mandates that the City of Newport Beach shall adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health & Safety Code, Section 17922; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 1998 California Fire Code based on the 1997 Uniform Fire Code of the International Fire Code Institute, hereinafter referred to collectively as the Fire Code; and WHEREAS, Health & Safety Code Section 17958.5 permits the City to make such changes or modifications to the Codes as are reasonably necessary because of local conditions; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council before making any changes or modifications pursuant to Section 17958.5 make express findings that such changes or modifications are needed due to climatic, geographic, or topographic conditions; and WHEREAS, the Fire Chief has recommended that changes and modifications be made to the Fire Code that are reasonably necessary due to the following local climatic, geographical, or topographical conditions: 1 a. The City of Newport Beach 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, may greatly impact the response time to reach an incident scene. b. The City of Newport Beach is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire. 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. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. C. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, 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) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Newport Beach Fire and Marine Department. d. The City of Newport Beach has several areas with significant growth of wildland vegetation of a highly combustible nature that could threaten structures and the surrounding community. That threat combined with the potential for high winds described above warrant additional construction requirements for specific areas that have increased danger should a fire occur. 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 revised and adopted to read as follows: Chapter 9.04 2 FIRE CODE Sections: 9.04.010 Adoption of the 1998 California Fire Code 9.04.020 Application and Enforcing Agency - Ammendment to Section 101.2.2 9.04.030 Fire Protection Plans - Amendment to Section 103.3.2 9.04.040 Permits Required - Amendment to Section 105.8 9.04.050 Definitions - Amendments to Article 2 9.04.060 Emergency Access - Amendment to Article 9 9.04.070 Emergency Power - Amendment to Section 1001 9.04.080 Automatic Fire Sprinklers Required - Amendment to Section 1003.2 9.04.090 Standpipes Required - Amendment to Section 1004.2 9.04.100 Design of Fire Alarm Systems - Amendment to Section 1007.1 9.04.110 Fire Alarm Systems and Central Control Stations in High Rise Buildings - Amendment to Section 1007.2.12.2 9.04.120 Recreational Fires - Amendment to Section 1102.4 9.04.130 Outdoor Heaters - Amendment to Section 1107 9.04.140 Chimney Spark Arrestors Required - Amendment to Section 1109.7 9.04.150 Occupant Count - Amendment to Section 2501.16 9.04.160 Explosives Prohibited - Amendment to Section 7701.1 9.04.170 Fireworks Displays - Amendment to Section 7802 9.04.180 Fireworks Prohibited - Amendment to Section 7802 9.04.190 Restrictions for Aboveground Tanks - Amendment to Section 7902.2.2.1 9.04.200 Restrictions for Underground Storage of Flammable Liquids - Amendment to Section 7902.6.3 9.04.210 Hazardous Materials Documentation - Amendment to Section 7903.3 9.04.220 Hazardous Materials Management Plan - Amendment to Section 8001.3 9.04.230 Regulation of Large Quantities of Pool Chemicals - Amendment to Section 8001.15 9.04.240 Protection for Outdoor Control Areas - Amendment to Section 8001.15.4.2 9.04.250 Maximum Quantities of Extremely Hazardous Materials - Amendment to Section 8003.1 9.04.260 Standby Power for Group H Division 6 and 7 Occupancies - Amendment to Section 8003.1.8 9.04.270 Limits on Quantities of Liquid Petroleum Gasses - Amendment to Section 8202 9.04.280 Referenced Standards - Amendment to Section 9002 9.04.290 Adoption of the NFPA National Fire Codes as Technical Standards - Amendment to Section 9003 9.04.300 Clearance of Brush or Vegetative Growth from Structures - Amendment to Appendix II -A 9.04.310 Spark Arrestors Required in Wildland Fire Areas - Amendment to Appendix II -A 9.04.320 Fuel Modification Requirements for New Construction - Amendment to Appendix II -A 9.04.330 Special Fire Protection Areas - Appendix II-A -2 9.04.340 Standpipes on Docks - Amendment to Appendix II-C 9.04.350 Hazardous Materials Inventory Statements - Amendment to Appendix II- E 9.04.360 Use of Aboveground Tanks for Fuel Dispensing - Amendment to Appendix II -F 9.04.370 Fire Flow Requirements - Amendment to Appendix III -A 9.04.380 Sprinkler Design in Unspecified Buildings - Amendment to NFPA 13 11 9.04.010 Adoption of the 1998 California Fire Code. Pursuant to the provisions of Sections 50022.1 through 50022.5 of the Government Code of the State of California, there is hereby adopted and incorporated by reference into this chapter, that certain Code entitled "California Fire Code," (1998 Edition) referred to in this chapter as the "Fire Code" specifically including Appendices, Division I -C, and Division II through Division VI, save and except such portions as are hereafter deleted, added, or amended. One (1) 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 Application and Enforcing Agency - Ammendment to Section 101.2.2 of the 1998 California Fire Code. Section 101.2.2 of the Fire Code is amended by deleting Section 101.2.2 and amending it to read as follows: Section 101.2.2 Application and Enforcing Agency. The chief is authorized and directed to enforce,within the scope of Section 101.2.1, the provisions of this code over all occupancies and land used within the City. 9.04.030 Fire Protection Plans - Amendment to Section 103.3.2 of the 1998 California Fire Code. Section 103.3.2 is amended by adding Section 103.3.2.1.1 to read as follows: Section 103.3.2.1.1 Fire Protection Plans. A vicinity plan shall be submitted for any project in or adjoining a wildland fire hazard area. The scale of this plan shall be no smaller than one -inch (25 mm) equals 100 feet (30 480 mm), shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit, or if no grading permit is to be issued, prior to the issuance of a building permit for new construction. The plan shall show the following: 1. All existing and proposed private and public streets on the proposed development property and within 300 feet (91 440 mm) of the property line of the proposed development, and so identified, with street width dimensions as per Section 902.2.2.7 of this code. 2. The location and identification of all existing and proposed fire hydrants within 300 feet (91 440 mm) of the property line of the proposed development. 3. The location, occupancy classification, and use of structures and buildings on properties abutting the proposed development. Preliminary fuel modification plans for all improvements in areas containing combustible vegetation shall be submitted to the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The plans shall meet the criteria set forth in the Newport Beach Fire and Marine Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas. 4. EXCEPTION: The Fire Chief, with concurrence of the Building Official, may waive the vicinity plan submittal requirements of this section. 9.04.040 Permits Required - Amendment to Section 105.8 of the 1998 California Fire Code. Section 105.8 is amended by adding an ending sentence to the first paragraph, deleting a Subsection and amending a Subsection to read as follows: Section 105.8 Permit required. Permit fees to the City shall be in an amount established by resolution of the City Council. Subsection f.5. Fumigation or thermal insecticidal fogging is deleted. Subsection t. is amended to read as follows: t.1. Temporary heaters. To operate a listed and approved heater in a commercial occupancy for a period not to exceed seven days. 9.04.050 Definitions - Amendments to Article 2 of the 1998 California Fire Code. Section 216-0 is amended by adding the definition of "OUTDOOR CONTROL AREA" and Section 224 -W is amended by adding the definition of "WILDLAND FIRE HAZARD AREAS" to read as follows: OUTDOOR CONTROL AREA is an area that contains hazardous • materials not exceeding the limits of Tables 8001.15 -C or 8001.15 -D. WILDLAND FIRE HAZARD AREAS are any geographic area designated by the Newport Beach Fire and Marine Department, which contains the type and condition of vegetation, topography, weather, and structure density which potentially increases the possibility of wildland fires. 9.04.060 Emergency Access - Amendment to Article 9 of the 1998 California Fire Code. Article 9 Newport Beach Fire and Marine Department Access and Water Supply is amended to read as follows: Section 901.4.2 Fire apparatus access roads is deleted and amended to read as follows: Section 901.4.2 Emergency access roads. When required by the Fire Chief, approved signs or other approved notices shall be provided and maintained for emergency access roads to identify such roads and prohibit the obstruction thereof or both. Section 901.4.4 is deleted and amended to read as follows: . Section 901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. All multi- unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that would allow fire department access in an emergency situation. In no case shall the numbers be less than four inches (102 mm) in height for residential and six inches (152 mm) in height for commercial with a one inch (25 mm) stroke. Multiple residential and commercial units having entrance doors not visible from the street or road shall, in addition, have approved numbers grouped for all units within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a substantial mounting post independent of the structure. Illumination shall be provided as required by the City. Section 902.2.1 of the Fire Code is amended to read as follows: Section 902.2.1 Required access. A minimum of two fire apparatus access roads shall be provided in residential developments containing 150 or more dwelling units. Section 902.2.2.1 of the Fire Code is amended by adding a sentence to read as follows: Section 902.2.2.1 Dimensions. The width of fire lanes shall be increased to 26 feet within 30 feet of a fire hydrant. Section 902.2.2 of the Fire Code is amended by deleting Sections 902.2.2.3 and 902.2.2.6 and amending them to read as follows: Section 902.2.2.3 Turning radius. The turning radius for fire apparatus access roads shall be not less than 20 feet (5182 mm) inside radius and 40 feet (11582 mm) outside radius. EXCEPTION: Cul -de -sacs with center obstructions will require larger turning radii as approved by the Fire Chief. Section 902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 902.2.4 is amended by adding Section 902.2.4.3, 902.2.4.4, and 902.2.4.5 to read as follows: 0 7 Section 902.2.4.3 Vehicle access. Any point of access deemed necessary for emergency response shall remain unobstructed at all times. Section 902.2.4.4 Vehicle access gates. Vehicle access gates or barriers installed across streets shall be in accordance with the Newport Beach Fire and Marine Department. The minimum width of any gate or opening necessary for required as a point of access shall be not less than 14 feet unobstructed width. This minimum width may be increased depending on the length of the approach. Section 902.2.4.5 Speed bumps. Any obstructions in required fire access roadways, including speed bumps and speed humps, is prohibited. Section 902.4 of the Fire Code is amended by adding Section 902.4.1 and 902.4.2 to read as follows: Section 902.4.1 Entrance gates/chains. All emergency vehicle access gates, private gated communities, chains across fire lanes, and gates that provide access to the beach and /or wildland areas, shall have a lock approved by the Newport Beach Fire and Marine Department. Where gates are electrically operated an approved key switch and an approved strobe light receiver shall be installed. . Section 902.4.2 Key box system. When a Key box is required it shall contain two sets of the following: 1. Keys to locked points of ingress whether on the interior or exterior of the building. 2. Keys to locked mechanical equipment rooms. 3. Keys to locked electrical rooms. 4. Keys to elevator controls. 5. Keys to other areas as directed by the Fire Chief. 9.04.070 Emergency Power - Amendment to Section 1001 of the 1998 California Fire Code. Section 1001 of the Fire Code is amended by adding Section 1001.11 to read as follows: Section 1001.11 Emergency power. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/ system when generator is required by Section 403.8.1 of the California Building Code in the following locations: 1. In the main exit corridor of each floor, adjacent to each exit enclosure. 2. On every level in every stairwell. 3. In each elevator lobby. 4. In public assembly areas larger than 1,500 square feet. 8 5. In every fire control room. 6. In such other areas as may be designated by the Fire Chief. Outlets shall be RED in color. 9.04.080 Automatic Fire Sprinklers Required - Amendment to Section 1003.2 of the 1998 California Fire Code. Section 1003.2 of the Fire Code is deleted and Section 1003.2.1 through 1003.2.6 are amended to read as follows: Section 1003.2.1 General. Automatic fire extinguishing systems shall be installed in accordance with the NFPA standards as adopted in Appendix V of this code. An approved automatic sprinkler system required by Section 1003 and installed as per NFPA 13 as adopted in Appendix V of this code, may be used for fire resistive substitution as specified in the provisions of Section 508 of the adopted Uniform Building Code. Section 1003.2.2 Required installations. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in this section: Notwithstanding any applicable provisions of this code, an automatic fire extinguishing system shall be installed in all occupancies when the total floor area of a building, regardless of area separation walls or allowable area, exceeds 5,000 square feet. Section 1003.2.3 Existing structures previously less than 5,000 square . feet. In all existing structures not equipped with an automatic fire extinguishing system, when additions cause the structure to exceed 5,000 square feet the following provisions apply: A. When such additions are 25% or less than the original building square footage, the existing structure, and the addition need not be equipped with an automatic sprinkler system. B. When such additions exceed 25% but are less than 50% of the original building square footage, the addition shall be equipped with an automatic sprinkler system. C. When such additions are 50% or more of the original building square footage, the entire structure shall be equipped with an automatic sprinkler system throughout. Section 1003.2.4 Existing structures more than 5,000 square feet. In all existing structures not equipped with an automatic fire extinguishing system that exceed 5,000 square feet, the following provisions shall apply: A. When additions are 1,250 square feet or less, the existing structure and the addition need not be equipped with an automatic sprinkler system. 0 0 B. When additions exceed 1,250 square feet but are less than 2,500 square feet, the addition shall be equipped with an automatic sprinkler system. C. When additions are 2,500 square feet or more, the entire structure shall be equipped with an automatic sprinkler system throughout. In partially sprinklered buildings, sprinklered areas shall be separated from non - sprinklered areas. Such separation shall not be less than that required for a one -hour occupancy separation. EXCEPTION: In Group R, Division 3 and Group U occupancies. Section 1003.2.5 Buildings more than 40 feet in height. Automatic fire sprinklers shall be installed in all buildings having floors used for human occupancy located more than 40 feet above the lowest level of Fire Department access. For provisions on special hazards and hazardous materials, see Section 1003 and Parts V, VI, and VII of the 1998 California Fire Code. Section 1003.2.6 System design. The total demand for hydraulically designed sprinkler systems shall not exceed 90% of the available pressure and water supply not to exceed 80 pounds per square inch. Sprinkler system design including any required additional water for hose or standpipes shall not exceed the rated capacity of a fire pump used to supply the system. 9.04.090 Standpipes Required - Amendment to Section 1004.2 of the 1998 California Fire Code. Section 1004.2 of the Fire Code is deleted and amended to read as follows: Section 1004.2 Required installations. Standpipe systems shall be provided as set forth in Table No. 1004 -A and the provisions of this section Every new building with any horizontal dimensions greater than 300 feet (91440 mm) shall be provided with access doors and hose outlets located so that all portions of the building can be reached with 150 feet (45 720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less that three feet (914 mm) in width or six feet eight inches (2032 mm) in height. Hose outlets shall be 21/2 inches (63 nun) in size with an approved valve. Hose outlets shall be provided on all levels of the building. 10 9.04.100 Design of Fire Alarm Systems - Amendment to Section 1007.1 of the 1998 California Fire Code. Section 1007.1 is amended by adding section 1007.1.3 to read as follows: 1007.1.3 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, the indicating light shall be located at a location designated by the Fire Chief. 9.04.110 Fire Alarm Systems and Central Control Stations in High Rise Buildings - Amendment to Section 1007.2.12.2 of the 1998 California Fire Code. Section 1007.2.12.2 to read as follows: Section 1007.2.12.2.1 is deleted and Section 1007.2.12.2.1 is added to read as follows: Section 1007.2.12.2.1 General. All occupancies having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and a communication system in accordance with Section 1007.2.12.2. All fire protection devices shall be connected to, and operate with the main building fire alarm panel. No building shall have more than one fire alarm panel. EXCEPTIONS: The following structures, while classified as high -rise buildings, shall not be subject to the provisions of this section but shall conform to all other applicable provisions of these regulations: 1. Buildings used exclusively as open parking garages. 2. Buildings where all floors above the 55 -foot (16 764 mm) level are used exclusively as open parking garages. 3. Floors of buildings used exclusively as open parking garages and located above all other floors used for human occupancy. 4. Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with noncontiguous human occupancy, when approved by the Fire Chief. Section 1007.2.12.2. is added to read as follows: 0 11 Section 1007.2.12.2.5 Central control station. A central control station for fire department operations shall be provided in a location approved by the fire department. The central control station shall be separated from the remainder of the building by not less than one- hour fire resistive construction with all openings protected by assemblies having a fire resistive rating of not less than 45 minutes. It shall have a minimum of one door, which is accessible directly from the exterior portion of the building and shall be able to be opened with a fire department master key. The central control station shall have a minimum of 100 square feet (9.3 m2)with a minimum dimension of eight feet (2438 mm). It shall contain the following as a minimum: 1. The voice alarm and public address system panels. 2. The fire department communications panel, a cabinet containing eight portable firefighter phones, and one headset with sufficient cord to reach all portions of the room. 3. Fire detection and fire alarm system annunciator panels. 4. Annunciator visually indicating the location of the elevators and their operational status. 5. Status indicators and controls for air - handling systems. 6. Controls for unlocking all stairway doors simultaneously. 7. Sprinkler valve and water -flow detector display panels. 8. Emergency and standby power controls and status indicators. 9. A wall - mounted telephone, with sufficient cord to reach all portions of the room and with an outside dedicated private line, installed in the fire control room for exclusive fire department use. 10. Elevator control switches for switching to emergency power. 11. Fire pump status panel and controls. 12. Other fire protection equipment and systems' controls as required by the Newport Beach Fire and Marine Department. 13. Schematic building plans in clearly labeled approved containers indicating the typical floor plan and detailing the building core, fire resistive separations, exit facilities, on -site water supply, fire- protection systems, firefighting equipment, and fire department access. 14. One minimum three foot (914 mm) by five foot (1524 -mm) table and two chairs. 15. An approved locked and labeled cabinet containing labeled keys for emergency access and elevator control. 16. All control panels in the central control station shall be permanently identified as to function. 17. Alarms, supervisory, and trouble signals as required by Item 3. and Item 7. above shall be annunciated in compliance with this code in the central control station by means of an audible and visual indicator. For purposes of annunciation, zoning shall be in accordance with the following: 12 a) When the system serves more than one building, each building shall be considered separately. 18. Each floor shall be considered a separate zone. When one or more sprinkler risers serve the same floor, each riser shall be considered a separate zone. EXCEPTION: When more than one riser serves the same system on the floor. 19. Each section of floor separated by area separation walls or by horizontal exits shall be considered as a separate zone. Central control stations shall not be used for the housing of any boiler, heating unit, generator, or similar hazardous equipment. No storage shall be pemlitted in the central control station room. 9.04.120 Recreational Fires - Amendment to Section 1102.4 of the 1998 California Fire Code. Section 1102.4 of the Fire Code is amended by adding Section 1102.4.1.1 to read as follows: Section 1102.4.1.1 Camp /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. 9.04.130 Outdoor Heaters - Amendment to Section 1107 of the 1998 California Fire Code. Section 1107 of the Fire Code is amended by adding Sections 1107.3 and 1107.4 to read as follows: Section 1107.3 Temporary heaters. No person shall place or operate or permit to be operated any temporary heater that uses any flammable or combustible solids, liquids, or gases without a fire department permit. Section 1107.4 Permanent heaters. No person shall install or operate any heating appliance without first obtaining a permit and approval from the City of Newport Beach Building Department. Compressed flammable gases are prohibited as fuel for permanent heating appliances. 9.04.140 Chimney Spark Arrestors Required - Amendment to Section 1109.7 of the 1998 California Fire Code. Section 1109.7 of the Fire Code is deleted and amended to read as follows: Section 1109.7 Chimney spark arrester. All structures having any chimney, flue, or stovepipe attached to any fireplace, stove, barbecue, or other solid or liquid fuel burning equipment or device shall have the chimney, flue, or stovepipe equipped with an approved spark arrester as per Section 3102.3.8 of the Building Code. 13 9.04.150 Occupant Count - Amendment to Section 2501.16 of the 1998 California Fire Code. Section 2501.16 of the Fire Code is amended by adding Section 2501.16.4 to read as follows: 10 Section 2501.16.4 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. If the Fire Chief determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared until an accurate count can be made. 9.04.160 Explosives Prohibited - Amendment to Section 7701.1 of the 1998 California Fire Code. Section 7701.1 of the Fire Code is amended by deleting Exception #3 and adding Section 7701.1.1 to read as follows: Section 7701.1.1 Storage of explosives and blasting agents. The storage of explosives and blasting agents is prohibited anywhere in the City of Newport Beach unless the Fire Chief has issued a permit authorizing use and /or storage. 9.04.170 Fireworks Displays - Amendment to Section 7802 of the 1998 California Fire Code. Section 7802.1 of the Fire Code is deleted and amended to read as follows: Section 7802.1 General. Fireworks displays shall be permitted only when authorized by and conducted in strict conformance with a permit issued by the Fire Chief pursuant to this Chapter. 9.04.180 Fireworks Prohibited - Amendment to Section 7802 of the 1998 California Fire Code. Section 7802.2 and Section 7802.3 are deleted and amended to read as follows: Section 7802.2 Seizure of fireworks. The Fire Chief shall have the authority to seize, take, 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 7802.3 Fireworks prohibited. The storage, sale, offer for sale, storage, or handling of fireworks is prohibited. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued pursuant to this chapter. 9.04.190 Restrictions for Aboveground Tanks - Amendment to Section 7902.2.2.1 of the 1998 California Fire Code. Section 7902.2.2.1 of the Fire Code is deleted and amended to read as follows: Section 7902.2.2.1 Locations where aboveground tanks are prohibited. The storage of Class I and Class II liquids in aboveground tanks outside of 14 buildings is prohibited within the boundaries of the City of Newport Beach unless a permit authorizing use and /or storage has been issued by the Fire Chief. 9.04.200 Restrictions for Underground Storage of Flammable Liquids - Amendment to Section 7902.6.3 of the 1998 California Fire Code. Section 7902.6.3 of the Fire Code is amended by adding Section 7902.6.3.1 to read as follows: Section 7902.6.3.1 Storage. 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 20.5 of this Code, within the City. 9.04.210 Hazardous Materials Documentation - Amendment to Section 7903.3 of the 1998 California Fire Code. Section 7903.3.1 of the Fire Code is deleted and amended to read as follows: Section 7903.3.1 General. 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 Chief. 9.04.220 Hazardous Materials Management Plan - Amendment to Section 8001.3 of the 1998 California Fire Code. Section 8001.3.2 of the Fire Code is amended and Section 8001.3.3 is added to read as follows: Section 8001.3.2 Hazardous Materials Management Plan. When required by the Fire Chief, each application for a permit pursuant to this article shall include a Hazardous Materials Management Plan (HMMP) in accordance with Appendix II -E and shall contain any additional elements as required in the California Health and Safety Code Article I Chapter 6.95 for Business Emergency Plan. Section 8001.3.3 Hazardous Materials Inventory Statement. When required by the Fire Chief, each application for a permit pursuant to this article shall include a Hazardous Materials Inventory Statement (HMIS) in accordance with Appendix II -E and shall contain any additional elements as required in the California Health and Safety Code Article 1 Chapter 6.95 for Business Emergency Plan. 9.04.230 Regulation of Large Quantities of Pool Chemicals - Amendment to Section 8001.15 of the 1998 California Fire Code. Section 8001.15 of the Fire Code is amended by deleting footnote #16 in Table 8001.15 -A. 11 15 9.04.240 Protection for Outdoor Control Areas - Amendment to Section 8001.15.4.2 of the 1998 California Fire Code. Section 8001.15.4.2 of the Fire Code is amended by adding item #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 Chief. 9.04.250 Maximum Quantities of Extremely Hazardous Materials - Amendment to Section 8003.1 of the 1998 California Fire Code. Section 8003.1 of the Fire Code is amended by adding Section 8003.1.1.1 and amending Section 8003.1.8 to read as follows: Section 8003.1.1.1 Maximum quantity on site. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Section 25115 of the Health and Safety Code) in a residential zoned or any residentially developed property. 9.04.260 Standby Power for Group H Division 6 and 7 Occupancies - Amendment to Section 8003.1.8 of the 1998 California Fire Code. Section 8003.1.8 is amended by adding the following: An emergency power system shall be provided in Group H, Division 6 and Division 7 Occupancies. 9.04.270 Limits on Quantities of Liquid Petroleum Gasses - Amendment to Section 8202 of the 1998 California Fire Code. Section 8202 of the Fire Code is deleted and amended to read as follows: Section 8202 Permit. No person shall install or maintain a liquefied petroleum gas container, except portable containers totaling not more than twenty (20) gallons water capacity, unless such installation is needed for special industrial process or use and a permit has been issued by the Fire Chief. 9.04.280 Referenced Standards - Amendment to Section 9002 of the 1998 California Fire Code. Section 9002 of the Fire Code is amended to read as follows: 9 -1 Whenever UBC Standard 9 -1 is referenced in this code or the UFC Standards, it shall mean UBC Standard 9 -1 as adopted in the California Building Code, and further amended and adopted in section 9003.2. 9 -2 Whenever UBC Standard 9 -2 is referenced in this code or the UFC Standards, it shall mean NFPA 14, 1996 Edition, as adopted in section 9003.2. 9 -3 Whenever UBC Standard 9 -3 is referenced in this code or the UFC Standards, it shall mean UBC Standard 9 -3 as adopted in the California Building Code and further amended as adopted in section 9003.2. 16 10 -2 UFC Standard 10 -2 is deleted and whenever it is referenced in this code or the UFC Standards, it shall mean NFPA 72,1996 Edition, as adopted by the California State Building Standards Commission and further amended as adopted in section 9003.2. 10 -3 UFC Standard 10 -3 is deleted and whenever it is referenced in this code or the UFC Standards, it shall mean NFPA 72,1996 Edition, as adopted by the California State Building Standards Commission, and further amended as adopted in section 9003.2. 74 -1 UFC Standard 74 -1 Part I is adopted as specified in Appendix V; Part II is deleted and whenever it is referenced in this code or the UFC Standards, it shall mean NFPA National Fire Codes as adopted in section 9003.2. 81 -1 UFC Standard 81 -1 Part I is adopted as specified in Appendix V; Part II is deleted and whenever it is referenced in this code or the UFC Standards, it shall mean NFPA National Fire Codes as adopted in section 9003.2. 81 -2 UFC Standard 81 -2 Part I is adopted as specified in Appendix V; Part II is deleted and whenever it is referenced in this code or the UFC Standards, it shall mean NFPA National Fire Codes as adopted in section 9003.2. . 9.04.290 Adoption of the NFPA National Fire Codes as Technical Standards - Amendment to Section 9003 of the 1998 California Fire Code. Section 9003 of the Fire Code is amended by adding Section 9003.2 to read as follows: Section 9003.2 Adoption of NFPA Standards. The 1999 NFPA National Fire Codes and amendments thereto, are adopted as a recognized standard for the technical application of this code. 9.04.300 Clearance of Brush or Vegetative Growth from Structures - Amendment to Appendix II -A of the 1998 California Fire Code. Appendix II -A, Section 16 is deleted and amended to read as follows: SECTION 16 CLEARANCE OF BRUSH OR VEGETATIVE GROWTH FROM STRUCTURES 16.1 General. Each person who has any ownership or possessory interest in, or control of, a parcel of land shall comply with the standards herein to maintain a defensible space to protect structures adjacent to a wildland fire hazard area. 17 Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces are responsible for modifying or removing non -fire resistive vegetation. 16.2 Definition. Defensible space is an area either natural or man -made, where plant materials and natural fuels have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress the fire and save the structure. 16.3 Fuel Modification Distance. All habitable structures including any attachments to that structure located within 100 feet of a wildland fore hazard area shall comply with the fuel modification restrictions outlined in this document. This requirement applies only to those sides of the structure, which face the wildland fire hazard area. 16.4 MAINTENANCE OF DEFENSIBLE SPACE 16.4.1 Trees. All trees located within 100 feet of any portion of a structure shall comply with the following guidelines: A. Existing trees are not required to have a separation of tree canopies but must be maintained free of all dead or dying foliage. B. The selection of any new trees shall be made from the fire resistive plant list, and the trees shall be planted such that mature canopies will have a minimum separation of ten feet. For the purposes of this document branch tip to branch tip is synonymous with the term canopy to canopy. C. Trees shall be maintained free of dead wood and foliage, and all dead trees must be removed. D. Where shrubs are located within the dripline of a tree, the lowest tree branch shall be at least three times as high as the shrub. This process will remove the potential for fires to spread from lower shrubs and bushes to higher trees and structures. E. Trees extending to within five feet of any structure shall be pruned to maintain a minimum clearance of five feet. 16.4.2 Shrubs and Bushes. All shrubs and bushes located within 100 feet of any portion of a building shall comply with the following guidelines: A. All dead and dying growth shall be removed from shrubs and bushes. B. All shrubs and bushes not on the fire resistive plant list shall be maintained no closer than ten feet apart branch tip to branch tip. EFa C. One to three shrubs and bushes together in a small group can be considered a single bush if properly maintained. D. All shrubs that are listed on the fire resistive plant list need not be separated if properly maintained. E. For the purpose of firefighter entrance and egress provide three feet of access along both sides of the structure. 16.4.3 Ground Cover. All groundcover located within 100 feet of any portion of a building shall comply with the following guidelines: A. Ground cover that is properly planted, irrigated, and maintained is permitted within the defensible space. B. Non - planted areas may be covered with a minimum of five inches of chipped biomass or its equivalent. C. All ground cover that is either dead and /or dying shall be removed. 16.4 Firewood. Firewood and combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies of other projections or overhangs. Storage of firewood and combustible material in the defensible space must be located a minimum of 15 feet from structures and separated from the driplines of trees by a minimum of 15 feet. 16.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: A. Remove leaves, needles, twigs, and other combustible matter from roofs and rain gutters. B. Portions of trees, which extend within ten feet of the outlet of a chimney, shall be removed. C. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The spark arrester screen shall be made from a material that is both heat and corrosion resistant, and the openings shall not permit the passage of spheres having a diameter larger than one -half inch. Nothing contained in this section shall be deemed to preclude the Fire Marshal from requiring more than the minimum specific requirements set forth above when the Fire Marshal determines that conditions exist which necessitate greater fire protection measures. 19 16.6 Notification and Abatement Procedures 16.6.1 Notice. Uncontrolled or high weeds, brush, plant material, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the Fire Marshal shall give notice to the owner of record to abate the hazard within 30 days. The notice shall state that the 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 attach to the parcel to be collected on the next regular property tax bill levied against the parcel. 16.6.2 Commencement of Abatement Proceedings. Whenever the Fire Marshal or a designee 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 Marshal is ordered to take appropriate correction actions based upon 40 those findings. 16.6.3 Service Of Notice. The Fire Marshal shall notify the owner of affected properties as shown on the latest equalized tax assessment roll by mail, of intention to abate the fire hazard. Notices shall be mailed by certified mail to the address of the property owner not less than 15 days prior to the date of the proposed abatement and shall be done by mailing the same to the owner's address as indicated thereon, and further, by conspicuously posting on the affected premises a copy of the notice. Failure of any 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. 16.6.4 Appeal. The property owner may appeal the decision of the Fire Marshal requiring the maintenance of an effective firebreak by sending a written appeal to the Fire Chief within ten (10) days of the notice. 16.6.5 Abatement Hearing Procedure. All hearings under this chapter shall be held before the Fire Chief, who shall hear all facts and testimony he 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 Chief may 20 impose such conditions and take such other action, as it deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the Fire Chief shall be final and shall be served on the property owner within 48 hours. • 16.6.6 Private Property Abatement. If any order of the Fire Chief or the Fire Marshal made pursuant to this ordinance 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. 16.6.7 Emergency Private Property Abatement. When in the opinion of the Fire Marshal or his designee, a substandard structure or substandard property is an immediate hazard to life and property, and the Fire Marshal or his designee makes written findings to the effect that abatement of such a fire hazard requires immediate action, the Fire Marshal may then cause such work to be done to the extent necessary to eliminate the hazard. At least 24 hours prior the abatement, the Fire Marshal, or his designee shall attempt to contact the property owner to inform the owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. At the time or shortly thereafter the work is performed, the Fire Marshal or his designee shall post a notice and mail to the property owner the nature of the work performed. Any individual aggrieved by the action of the City under this section, may appeal the determination of the action to the Fire Chief as set forth in this section except that the appeal shall be filed within ten (10) days from the date of mailing the notice of work performed. 16.6.8 Abatement Costs. The costs involved in the correction of the substandard conditions 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 and Marine 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 Chief or his designee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within 30 days after mailing of such notice, 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 Section 38773.5 of the Government Code. 16.6.9 Other Abatement Procedures. The provisions of this ordinance shall not in any manner limit or restrict the City from enforcing City 21 0 ordinances or abating public nuisances in any other manner provided by law. 9.04.310 Spark Arrestors Required in Wildland Fire Areas - Amendment to Appendix II -A of the 1998 California Fire Code. Appendix II -A is amended by adding Section 25 -Use of Equipment to read as follows: SECTION 25 USE OF EQUIPMENT 25.1 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 any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as defined in Section 25.3 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 25.3. 25.2 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. 25.3 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. 25A 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 an effective mechanical condition 9.04.320 Fuel Modification Requirements for New Construction - Amendment to Appendix II -A of the 1998 California Fire Code. Appendix II -A is amended by adding Section 26 to read as follows: SECTION 26 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION 07 26.1 General. All new buildings to be built or installed in wildland fire hazard areas, high hazard fire severity zones, or areas containing combustible vegetation shall comply with this section. 26.2 Plans. Preliminary fuel modification plans shall be submitted to and approved by the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The fuel modification plans shall meet the criteria set forth in the Newport Beach Fire and Marine Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas. 26.3 Maintenance. All elements of the fuel modification plan shall be maintained in accordance with the approved plan 9.04.330 Special Fire Protection Areas - Appendix II -A -2 is created as follows: APPENDIX II -A -2 SPECIAL FIRE PROTECTION AREAS Section 1 Scope. Structures in, or adjacent to, grass, brush, or forest covered lands that have a greater risk to life and property from fires. This includes risk of fire spreading into structures, fire exposures from adjacent structures, and structure fires spreading to wildland fuels. All structures located within and adjoining special fire protection areas shall be in accordance with Appendix II -A -2. Section 2 Definitions. For the purpose of this section certain terms are defined as follows: ADJOINING STRUCTURE is a structure immediately adjacent to and in the first row of buildings bordering a special fire protection area. ENCLOSED STRUCTURE is a structure with a roof and two or more sides. EXPOSED SIDE, for the purpose of applying requirements to structures in Special Fire Protection Areas, is the exposed side of a structure shall be defined as the exterior wall of a structure for which a 100 foot (480 mm) perpendicular line drawn from any portion of that wall intersects the fuel modification zone or any forest - covered, brush - covered, grass- covered area or other land covered with combustible vegetation. SPECIAL FIRE PROTECTION AREA is any geographic area designated by the Fire Chief; in accordance with recognized state- wide evaluation criteria, where structures and other human development meet or intermingle with wildland or vegetative fuels and /or which contains the type and condition of vegetation, topography, weather, structure density and other relevant factors which potentially increases the possibility of wildland conflagration fires resulting from airborne and /or groundborne fire spread. Such areas include but are not limited to Very High Fire Hazard Severity Zones. UNENCLOSED STRUCTURE includes structures with a roof and no more than one side and structures having no roof or other covering. Unenclosed structures include patio covers, decks, and balconies. VERY HIGH FIRE HAZARD SEVERITY ZONE is any geographic area designated per Government Code Section 51178 which contains the type and condition of vegetation, topography, weather and structure density which potentially increases the possibility of wildland conflagration fires. Section 3 Authority. The Fire Chief shall have the responsibility to designate all Special Fire Protection Areas. ! Section 4 Fuel Modification Plans 4.1. General. Fuel Modification plans shall be prepared in accordance with this section 4.2. Fuel Modification Plan. Preliminary fuel modification plans for all improvements in areas containing combustible vegetation shall be submitted to the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The plans shall be the criteria set forth in the Newport Beach Fire and Marine Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas EXCEPTION: The Fire Chief, with the concurrence of the Building Official, may waive the vicinity plan submittal requirements of this section. 4.3. Issuance of Grading or Building Permits. No grading permit or, if no grading permit is to be issued, no building permit for new construction, shall be issued prior to the submittal to and approval by the Fire Department of vicinity and fuel modification plans as required by this Section. 24 Section 5 Street Widths. The minimum width of private and public streets shall not be less than 28 feet (8534 mm). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45 720 mm) in length shall not be less than 24 feet (7315 mm) in width. Section 6 Building Construction Features 6.1. General. In addition to other relevant provision of the Building Code, all structures located within Special Fire Protection Areas shall also be in accordance with Section 6. 6.2. Proximity to Property Lines. Structure on adjacent properties shall be five feet (1524 mm) from property lines or shall be separated by a minimum of 10 feet (3048 mm). EXCEPTIONS: 1. Projects with site plans or tract maps approved by the City prior to the effective date of this ordinance are exempt from requirements of this Section. 2. Exterior walls with no openings are exempt from requirements of this Section provided exterior portion of exterior walls shall be of non - combustible or one -hour fire resistive construction. 6.3. Exterior Walls. The exposed side of exterior walls, including enclosed accessory structures, shall be of non - combustible materials or one hour fire resistive construction for the exterior portion. No openings shall be permitted in such walls. EXCEPTIONS: 1. 1 3/8 -inch (34 mm) solid core doors, metal doors, and multi- glazed windows and doors are permitted. 2. The walking surface of balconies and decks may be constructed on non -rated materials. 6.4. Attic and Foundation Ventilation Openings. Attic or foundation ventilation openings in vertical walls and attic roof vents shall not exceed 144 square inches (.09 mz) per opening and shall be covered with metal louvers and one - fourths inch (6.25 mm) mesh corrosion - resistant metal screen. Ventilation openings and access doors shall not be permitted on the exposed side of the structure. 6.5. Cornices, Eaves Overhangs, Soffits, and Exterior Balconies. Cornices, eaves overhangs, soffits, exterior balconies and similar architectural appendages and projections on the exposed side of the structure shall be of noncombustible construction or enclosed in one -hour fire resistive material or heavy timber construction conforming to Section 605.6 of the Building Code. Space between rafters at the roof overhangs shall be protected by non - combustible materials or with double 2 inch (51 mm) nominal solid blocking under the exterior wall covering. No ventilation openings or other openings shall be permitted in eave overhangs, soffits, between rafters at eaves or in other overhanging areas on the exposed side of the structure. 6.6. Roof Coverings. Roof coverings on structures in Special Fire Protection Areas shall be as follows: 6.6.1. New and Reconstruction. Roof covering for new construction and reconstruction shall, as a minimum, be a Class A roof assembly. 6.6.2. Repairs and Additions. Repairs and additions of ten percent or more of an existing roof area shall be with a Class A roof covering. 6.6.3. Skylights. Skylights shall have a noncombustible frame glazed with dual glazing of heat strengthened or fully tempered glass or shall be a three - fourths hour fire resistive assembly. 6.7. Automatic Fire Extinguishing Systems. All new construction and reconstructed structures located in Special Fire Protection Areas shall be equipped with an approved automatic fire sprinkler system. 6.8. Unenclosed Attached Accessory Structures. Unenclosed accessory structures on the exposed side, with openings between the living area and the accessory structure, shall be of noncombustible, one -hour fire resistive or heavy timber construction. EXCEPTIONS: 1. Where openings in the wall between the living area and the accessory structure are protected by a fire assembly having a 45- minute fire protection rating. 2. In lieu of fire protection as outlined in this section, accessory structures may be protected by an approved residential automatic fire sprinkler system. 6.9. Unattached Accessory Structures. Unattached accessory structures such as patio covers, storage sheds, bridges, decks, carports, greenhouses or similar structures are exempt from requirements of this section. Section 7 Exclusions from Special Fire Protection Areas 7.1. A property which is designated as being within a Special Fire Protection Area may later be excluded from within the Special Fire Protection Area, upon written request and a finding that inclusion of the . property within a Special Fire Protection Area and the application of the requirements of this Appendix to the property are no longer necessary for effective fire protection within the area to be excluded. 26 7.2. Upon determination that the property shall be excluded from the Special Fire Protection Area, the property shall be relieved of further compliance with this Appendix. Section 8- Required Conditions of Approval 8.1. There shall be created and maintained on and /or adjoining the property a fuel modification zone (the "Fuel Modification Zone') which meets all standard fuel modification requirements of the City. 8.2. Compliance with any maintenance provisions of the applicable fuel modification requirements shall be enforced pursuant to the provisions of the Fuel Modification Plan. 8.3. Where the Fuel Modification Zone is to be maintained by a homeowners' association conditions, covenants and restrictions must be recorded against all property within the homeowners association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements. 8.4. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the City in order to assure that the Fuel Modification Zone continues to be maintained in compliance with the applicable fuel modification requirements. 8.5. Before the City issues Certificate or Occupancy (or its equivalent) for any structure within or adjoining a special fire protection area shall meet all of the requirements of Section 8 to the satisfaction of the Fire Chief. 9.04.340 Standpipes on Docks - Amendment to Appendix II -C of the 1998 California Fire Code. Appendix II -C 6.2.1 of the Fire Code is deleted and amended to read as follows: Appendix II -C 6.2.1 Standpipes on Docks. Any portions of a float more than 150 feet from fire apparatus access or a marine service station shall be provided with an approved wet standpipe system installed in conformity with applicable standards in Uniform Building Code Standard No. 9 -2 and Fire Code Section 1004. 9.04.350 Hazardous Materials Inventory Statements - Amendment to Appendix II- E of the 1998 California Fire Code. Appendix II -E is deleted and amended to read as follows: • Appendix II -E Chemical Classification Packet. Hazardous materials inventories shall be submitted for approval in accordance with Newport . Beach Fire and Marine Department Chemical Classification Packet. 14 9.04.360 Use of Aboveground Tanks for Fuel Dispensing - Amendment to Appendix II -F of the 1998 California Fire Code. Appendix II -F is deleted and amended to read as follows: Appendix II -F Protected Aboveground Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings. Storage and dispensing of motor fuels into the fuel tanks of motor vehicles from protected aboveground tanks located outside buildings shall be in accordance with Newport Beach Fire and Marine Department Guidelines for Protected Aboveground Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings. 9.04.370 Fire Flow Requirements - Amendment to Appendix III -A of the 1998 California Fire Code. Appendix III -A is amended by deleting the exception in 5.2 and adding the exception to read as follows: EXCEPTION: A reduction in required fire flow of up to 50 percent, as approved by the Fire Chief, may be allowed when the building is provided with an approved automatic sprinkler system The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/ min.). 9.04.380 Sprinkler Design in Unspecified Buildings - Amendment to NFPA 13 of the 1998 California Fire Code. NFPA 13 is amended (as adopted in UBC Standard 9 -1) as follows: Section 5 -1 General is hereby amended by the addition of the following text as follows: When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with a minimum design area of 3,000 square feet (279 m2). Warehouses sprinklers systems shall be designed to protect Class IV Commodities (as defined in Article 81 of the UFC) to the maximum storage height of the building. Use is considered undetermined if not specified at the time the permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. SECTION 2. That 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. 2a SECTION 3. This Ordinance shall be published once in the official newspaper of the City and shall be effective July 1, 1999. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of ' 1999, and was adopted on the day of ,1999, by the following vote to wit: ATTEST: City Clerk 29 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS 0 ABSENT COUNCIL MEMBERS MAYOR