The URL can be used to link to this page

Home My WebLink AboutSS2 - Amend Fire & Building CodesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. SS2 February 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Building and Fire Departments Jay Elbettar, Building Director, 949 - 644 -3282 jel bettar @city. newport- beach. ca. us SUBJECT: Overview on the Need to Amend Fire and Building Codes of the Newport Beach Municipal Code ISSUE: 1. Fire Code, Chapter 9.04 During the 2001 Code Adoption, the Special Fire Protection AreasNery High Fire • Hazard Severity Zones (SFPAVHFSZ) requirements were not correlated with the Building Code. The unique topography of Newport Beach and the newly annexed Newport Coast, as they relate to wildland areas and the structures built in and adjacent to them, necessitated such provisions. Several definitions contained in the SFPAVHFSZ require clarifications and correlation with the Building Code. 2. Administrative Code, Chapter 15.02 The model code language as adopted requires a building permit for all fences over three feet in height regardless of the construction materials used. Building Code, Chapter 15.04 When the current model codes were adopted in 2001, the Building Code did not include provisions relating to construction in the Special Fire Protection AreaNery High Fire Hazard Severity Zone consistent with the Fire Code. Several definitions contained in the SFPAVHFSZ require clarifications and correlation with the "Fire Code." In addition, in response to the Orange County Grand Jury Report in 2003 (copy attached), the City committed to revising roofing construction requirements. 4. Report of Residential Building Records, Chapter 15.15 Currently Chapter 15.15 Report of Residential Building Records (R.B.R.) holds the owner of the property responsible to deliver a copy of the RBR report to all parties to the transaction. In practice, the owner seldom handles the delivery of the report . and in some cases the buyer in the transaction does not receive a RBR report until after the close of escrow, if at all. Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 2 Residential Building Records (RBR) inspections have uncovered several • condominium conversions that have been done without completing and recording all necessary documents prior to the first sale of the units. Flood Damage Prevention, Chapter 15.50 The Federal Emergency Management Agency (FEMA) revised the flood insurance study (FIS) and related flood insurance rate maps (FIRMS) for Orange County. The study and maps are referenced in the flood damage prevention requirements of Chapter 15.50 of the Newport Beach Municipal Code. 6. Construction Site Fencing and Screening, Chapter 15.60 During review of the proposed code amendments in August 2004, the 'Building Code Board of Appeals" discussed the need to require fencing and screening of major construction projects. The board recommended that staff write a revision to the Newport Beach Municipal Code requiring construction site fencing for consideration by the City Council. In March 2000, the Building Department brought to the City Council a similar ordinance for adoption which was then voted down. DISCUSSION: Fire Code, Chapter 9.04 • A. Amendment to Section 1003.2.3 "Automatic Fire Sprinklers Required" Currently buildings more than 40 feet in height require automatic fire sprinklers. It is amended to require them in structures where floors used from human occupancy are located more than 40 feet below fire department vehicle access. B. Amendments to Section 1004.2 "Standpipes" Section is amended to require standpipes when any vertical dimension exceeds 40 feet below fire department access. C. Amendments to Section 1006.2.12.2.1 "Fire Alarm Systems and Central Control Stations in High Rise Buildings" This Section was changed to require a fire alarm and communication system in buildings where floors used for human occupancy are located more than 55 feet below fire department vehicle access. D. Amendments to Appendix II -A "Maintenance of Fuel Modification Zones" Section 28 is added to clarify the enforcement procedure for fuel modification zones that are not in compliance with their approved plan. It is the same procedure already adopted in Section 16 for clearance of brush or vegetative growth from structures. r 1 Z Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 3 E. Amendments to Appendix II -A -2 Additions and reconstructed structures were added to the scope to clarify which structures were required to comply with the requirements of this Appendix. Additionally, an exception was added that exempts additions to existing non - conforming structures from these requirements unless the addition is located on the wildland side. Further, additions located on the wildland side are exempt from fire sprinkler and Class A roof assembly requirement unless the structure already has these features. 2. Administrative Code, Chapter 15.02 Section 301.2.1 of the Model Code exempts fences not over 6 feet from a building permit. This limit was reduced after the 1994 Northridge earthquake to 3 feet by many jurisdictions throughout the State, including Newport Beach. The rational behind the height reduction were improperly constructed masonry block fences that were vulnerable to damage; and their failure at the 6 feet height limit represented a hazard. Other fences constructed of lighter material such as wrought iron or wood do not represent the same level of hazard nor do they display the same behavior during earthquakes due to lighter mass. 3. Building Code, Chapter 15.04 A. Section 403.1 "Scope" is amended to now include these provisions for buildings where floors used from human occupancy are located more than 40 feet below fire department vehicle access. B. Amendment to Chapter 4 "Special Use and Occupancy" Section 428 is added to include the Special Fire Protection Areas/Very High Fire Hazard Severity Zone as it is found in the California Fire Code in Appendix II -A -2. C. Amendment to Subsection 5 of Section 904.2.2 "Automatic Fire Extinguishing Systems" Currently buildings more than 40 feet in height require automatic fire sprinklers. It is amended to require them in structures where floors used from human occupancy are located more than 40 feet below fire department vehicle access. D. Amendment to Section 1005.3.3.7 "Pressurized Enclosures" Amended to require pressurized enclosures when floor levels used for human occupancy are located more than 55 feet above or below fire department vehicle access. E. Amendment to Section 1503 "Roofing Requirements" and Table 15 -A • "Minimum Roof Classes" 3 Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 4 Table 15 -A was amended to require Class A roof covering for all new • structures. Class B roofing for certain repairs, and Class A roofing for repairs made on homes within a wildland area. These amendments are also consistent with the response to the Orange County Grand Jury Report. 4. Report of Residential Building Records, Chapter 15.15 Staff's experience shows that delivery of Residential Building Records Report (RBR) to all parties to the transaction, in practice, is done by the escrow holder and not by the owner as the current code language requires. The recommended change would put the responsibility for distribution of the RBR report prior to close of escrow on the escrow holder. Since the escrow holder has control of when the escrow closes and has access to all parties to the transaction, they seem to be the best choice for this responsibility. Staff experience indicates that several condominium conversions have been done without completing and recording all necessary documents prior to sale of the units. Because the current ordinance exempts the first sale of a building from a Residential Building Records Report (RBR), these incomplete conversions have not been discovered until the second time the property sells after the conversion. This leaves the current owner responsible for picking up the loose ends and completing the conversion. Many times the current owner is not a real estate developer and lacks the experience to complete the documents, thus creating a severe hardship for the property owner. This change would allow staff to discover this situation while the original developer still owns the property and to assure that the process will be completed. 5. Flood Damage Prevention, Chapter 15.50 The City of Newport Beach adopted a flood prevention ordinance as a condition of participating in the Federal Flood Insurance Program administered by FEMA. FEMA requires local jurisdictions to reference the latest edition of the flood insurance study and flood insurance rate maps for establishing the areas of special flood hazard. Chapter 15.50 has been revised to reference the latest revision to the Federal Flood Insurance Study (FIS) and related Flood Insurance Rate Maps (FIRMS) dated February 18, 2004. Reference to elevation datum has also been revised from National Geodetic Vertical Datum (NGVD) to North American Vertical Datum (NAVD), consistent with datum used in the revised FIS and related FIRMS. 6. Construction Site Fencing and Screening, Chapter 15.60 While it is not required by the Newport Beach Municipal Code, approximately half of the construction sites are fenced voluntarily and mostly using chain link fence • material. Contractors choose to fence their project mainly for security of the construction materials stored on site and to limit their liability arising from I 0 • Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 5 unrestricted access to the hazards of the project site. Occasionally, the chain link fence is overlaid with a dark vinyl screen, which screens the clutter from public view and enhances the security of construction materials stored on site. The vinyl screen also serves as the means of required erosion control during the rainy season instead of using sandbags for that purpose. The approximate cost of fencing a 60 ft. x 120 ft. lot for six months with chain link fence is $400. Overlaying the chain link fence with vinyl screen will cost an additional $650. The requirement to fence and screen construction sites is to safeguard public safety by limiting public access to the hazards of construction and to reduce the negative impact on the neighborhood by screening the clutter contained within. It also protects adjoining neighbors from construction activities and debris spilling onto their properties and from construction debris spilling onto sidewalks or the public right -of -way. An exception to this requirement will be granted where fencing on one or more side(s) is not feasible due to physical constraints or determined to be unnecessary due to the presence of equivalent barrier(s). The Building Code Board of Appeals heard these proposed amendments at their August 31, 2004 hearing. The board endorsed the proposed amendments with suggested changes which are incorporated herein. POTENTIAL COUNCIL ACTIONS: Direct staff to place these amendments on future Council agenda: 1. Fire Code, Chapter 9.04 2. Administrative Code, Chapter 15.02 3. Building Code, Chapter 15.04 4. Report of Residential Building Records, Chapter 15.15 5. Flood Damage Prevention, Chapter 15.50 6. Construction Site Fencing and Screening, Chapter 15.60 Prepared and submitted by: "-7/- I ,'Jay Elbettar, Building Director JE:mg Submitted by: R ey, Fire Ch f Attachments: Fire and Building Code Amendments • Orange County Grand Jury Report regarding wood roofs Council\ 2005\staff rep fire &bldg code amend 2 -22 -05 5- Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 6 r ATTACHMENT 2 0 o��PO @ CITY OF NEWPORT BEACH BUILDING DEPARTMENT = 3300 NEWPORT BLVD. C1G /F00.N�' P.O.HOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3275 August 15, 2003 Honorable Frederick P. Hom Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 SAB.IECT: Orange County Grand Jury Report, Wood Roofs are Dangerous • Dear . Judge Hom: We have received the Grand Jury Report that covers the issues related to wood roofs in Orange County. The recommendations based on the findings propose that the City of Newport Beach (and all of Orange County) enact a more stringent reguirement,for future wood roofs to require a minimum of a Class "A" rating. The findings cited in the report conclude that all of Orange County is subjected to the same dangers from the Santa Ana winds, which create a combination of high winds, high temperatures, and low humidity. The report then outlines the lack of uniformity in local ordinances among each of the jurisdictions. We appreciate the efforts of the Grand Jury, and agree with the majority of the recommendations presented in the report Within the next six months we will introduce code amendments, as outlined in the Recommendations section below, for the City Council to address these concerns. However, we do not believe that combining Orange County jurisdictions into one very high fire hazard zone is appropriate. Different areas of the county have different fire hazard designations, and this accounts for much of the lack of uniformity throughout the county.. It makes perfect sense for the designated high hazard areas to have more stringent standards. Newport Beach is close to the ocean and it is not as hot or dry as some inland communities. The hills and large vegetation areas have been designated as high fire hazard areas and the roofing requirements are more restrictive, Other areas of the City at large have neither wild and uncontrolled vegetation nor some of the other physical attributes that inhibit access for firefighting. e -mail: enb_blg@cirv.n"on- beach,=w ♦ W ebpage: w .citynewponSeach.cauvbuildiag / Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 7 • Honorable Frederick P. Horn August 15, 2003 Page 2 Per the letter from Foreman Carlos N. Olvera, we are submitting herein the jury findings and recommendations with our responses. Findings 1. There is a lack of uniformity in local bur7ding codes involving roofs for identical environmental conditions within Orange County. L Response: We acknowledge that there are different standards being enforced in Orange County concerning roofs. However, we believe that there are different conditions that exist in the county and one standard is not appropriate for all jurisdictions. Although the environmental conditions are somewhat consistent throughout -the county, thegeogaphic and fopogiaphic conditions differ considerably. The perceived "lack of uniformity" may have a very logical basis as to allow each locale to determine the level of mitigation of hazards necessary to provide for the degree of safety that is "actually equal' to other areas of the county and that the citizens of the locale.ddsite .............. • 2 The testing and qualification standards of wood shakes and shingles are below the environmental conditions of Orange County. Response: The standards for fire retardant pressure treatment of wood, used for up to a Class "A" roof assembly, to the best of our knowledge, has proved to be in conformance with the State Fire Marshal's recommendations and requirements. We do not have any data that would support this finding in our jurisdiction. Nevertheless, local jurisdictions do not establish testing criteria and qualification standards. National testing agencies such as the International Code Council (ICC), American Society for Testing and Materials (ASTM), and Underwriter's Laboratories (UL) are the appropriate agencies to respond to this finding. 3. The Cities' and county's roofing codes do not adequately take into account the climate, particularly the Santa Arta winds, and topographical conditions unique to Orange County. Response: We will adequately consider these conditions as they relate to the City of Newport Beach when the proposed changes to our building and fire codes are adopted • Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 8 J Honorable Frederick P. Hom August 15, 2003 Page 3 4. Fire conflagrations stress finite firefighting resources especially during the period ofSanta Ana winds. Response: This is primarily true of communities with wildland/urban interface, designated as very high fire severity zones. Newport Beach has designated areas of urban wildland interface and our proposed code changes will impose more stringent requirements on roof installation in those areas. Recommendations I. Each responding jurisdictional agency should consider amending the __ . _ -- .. _building code to require the most fire retardant class of roof covering_(Class _ A) for the new construction of all residential structures (Group R) in all fire zones. (Findings I through 4) . Response: We have considered the recommendation and agree that Class "A" roof covering will be required for all new construction throughout the City. In addition we will propose requiring Class "A" roof assembly for all urban wildland interface areas. 1. Each responding jurisdictional agency should consider amending the building code to require the most fire retardant class of roof covering (Class A) for re- roofing of all residential structures (Group R) in all fire zones, when more than -50 percent of the roof is replaced within one year. (Findings I through 4) Response: We believe that Class `B" roof assembly is adequate for existing structures in our jurisdiction for the reasons stated above that are not located with in the urban wildland interface area. We will amend our codes to establish triggers consistent with the Grand Jury recommendation as follows: When replacements are more than 50 %, we propose to require that the roof to be of Class "B" or better in its entirety. For urban wildland interface areas we propose to require Class "A" covering for the entire roof when the replacements exceed 50 %. • G l Proposed NBMC Fire and Building Codes Amendments February 22, 2005 Page 9 11 Honorable Frederick P. Horn August 15, 2003 Page 4 in conclusion, our analysis indicates that we agree with the Grand Jury recommendations except when it applies to remodels or reroofs to areas in the City that are not subject to fire hazard due to.its proximity to vegetation. We believe that imposing a more stringent requirement for roofs fdi existing buildings is a hardship that is not warranted due to our climatic, geographical and topographical conditions. However, we intend to support and participate in the Orange County Uniform Code Amendment and Adoption Program of the California State Building Code through the involvement of myself with Orange Empire Chapter of ICC. We will continue working within the guidelines of developing uniform codes for safer buildings that our society is willing to accept and able to afford. If you have any questions, please contact me at (949) 644 -3282. — - -Very truly yours BUILDING DEPARTMENT lbettar, P.E., C.B.O. D rector JE:ds CC: Mayor and Council Members Carlos N. Olvera, Foreman, Orange County Grand Jury Homer Bludau, City Manager Tim Riley, Fire Chief Dennis Lockard, Fire Marshal 0 SECTION 1, Chapter 9.04 of the Newport Beach Municipal Code is amended to read: Chapter 9.04 FIRE CODE Sections: 9.04.090 Automatic Fire Sprinklers Required. Amended. 9.04.110 Standpipes Required. Amended. 9.04.130 Fire Alarm Systems and Central Control Stations in High Rise Buildings. Amended. 9.04.400 Fuel Modification Requirements for New Construction. Amended. 9.04.401 Maintenance of Fuel Modification Zones. Added. 9.04.410 Special Fire Protection AreasNery High Fire Hazard Severity Zone. Amended. SECTION 9.04.090 Automatic Fire Sprinklers Required. Amended. Section 1003.2.3 is amended to read as follows: SECTION 1003.2.3 Buildings more than 40 feet (12.19 :.12,192 mm)—iu height: Automatic fire sprinklers shall be installed in all buildingsoccupancies having floors used for human occupancy located more than 40 feet (12- 1x12,192 mm) above or below the lowest level of Fire Department vehicle access. EXCEPTION: R3 and U occupancies shall not be subject to the provisions of this section, but shall conform to all other applicable provisions of these regulations. For provisions on special hazards and hazardous materials, see Section 1003 and Parts V, VI, and VII of the 2001 California Fire Code. SECTION 9.04.110 Standpipes Required. Amended. Section 1004.2 is 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 (91.4 fn91,440 mm), or any vertical dimension exceeding 40 feet (12,192 mm) below Fire Department vehicle access, shall be provided with access doors and hose outlets located so that all portions of the building can f0 be reached with 150 feet ((45.72 mz45,720 mm) of hose from an access door or hose outlet. • Required access doors shall be located on the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than three feet (914 mm) in width and six feet eight inches (2,032 mm) in height. Hose outlets shall be 2 %: inches (63 mm) in size with an approved valve. Hose outlets shall be provided on all levels of the building. EXCEPTION: R3 and U occupancies shall not be subject to the provisions of this section. SECTION 9.04.130 Fire Alarm Systems and Central Control Stations in High Rise Buildings. Amended. Section 1006.2.12.2.1 is amended to read as follows: SECTION 1006.2.12.2.1 General. All occupancies having floors used for human occupancy located more than 55 feet (416,764 mm) above or below 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 1006.2.12.2. 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 (4646-m16,764 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 9.04.400 Fuel Modification Requirements for New Construction. Amended. 2 /r Section 27.1 of Appendix II -A is amended to read as follows: SECTION 27.1 General. All new and reconstructed buildings structures to be built or installed in special fire protection area/very high fire hazard severity zone, or areas containing combustible vegetation shall comply with this section. SECTION 9.04.401 Maintenance of Fuel Modification Zones. Added. Section 9.04.401 is added by adding Section 28 to Appendix II -A as follows: SECTION 28.1 Notice. All elements of the fuel modification plan shall be • maintained in accordance with the approved plan. Fuel modification zones not in compliance with their fuel modification plan constitute 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 attached to the parcel to be collected on the next regular property tax bill levied against the parcel. SECTION 28.2 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 those findings. SECTION 28.3 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 nroperty 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. 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. 3 • �,F.. • SECTION 28.4 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. SECTION 28.5 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 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. SECTION 28.6 Private Propertv 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. SECTION 28.7 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. • SECTION 28.8 Abatement Costs. The costs involved in the correction of the substandard conditions shall become a special assessment against the property. In 4 n 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 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 pursuzmt to Section 38773.5 of the Government Code. SECTION 28.9 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. 0 SECTION 9.04.410 Special Fire Protection AreasNery High Fire Hazard Severity Zone. Amended. Appendix II -A -2 is amended to read as follows: 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 additions, new or reconstructed structures located within and adjoining special fire protection areas as shown on NBFD Special Fire Protection Areas UWI/FMZ Newport Coast Map shall be in accordance with Appendix II -A -2. EXCEPTIONS: 1. Additions to existing non - conforming structures shall not be required to comply with Appendix II -A -2 (CFC) or Section 428 (CBC) unless addition is located on wildland side. 2. Additions located on the wildland side are exempt froin fire sprinkler and Class A roof assembly requirements when both of these construction features are already part of the structure • or required by amended Sections 904.2.1 of the CBC and Sectionl003.2 of the CFC. 5 1Y • 3. One story detached accessory buildings used as tool and storage sheds, playhouses and similar uses may be exempt from the requirements of this section provided all the following are met: (aa) the accessory building floor area does not exceed 120 square feet (11.14 m2), (b) the accessory building is not less than 30 feet (9,144 nun) from all property lines and/or structures: and (c) backyard complies with and is maintained in accordance with Zone A requirements for fuel modification zones. SECTION 2 Definitions RECONSTRUCTION. Any building undergoing construction within any 24- month period, in which the floor area of reconstruction is 50 percent or more prior to the submittal of a building permit application, shall comply with the code provisions for new construction. SECTION 4.3 Issuance of Grading or Building Permits. No grading permit or, if no grading permit is to be issuedreguired, no building permit for new eofistFaefie a and reconstructed structures, 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. SECTION 6.1 General. In addition to other relevant provisions of the Building Code, all additions and new and reconstructed structures located within Special Fire Protection Areas shall alse be in accordance with Section 6. SECTION 6.5 Cornices, Eaves, Overhangs, Soffits, and Exterior Balconies. Cornices, Eeaves, Ooverhangs, 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 (51mm) 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. EXCEPTION: 1. In lieu of heavy timber construction, exterior balconies, decks and similar architectural appendages shall be constructed with wood columns not less 0 than 6 inches (152 mm) in any dimension, wood beams or joists not less than 6 inches 6 �5 (152 mm) in width and not less than 10 inches (254 mm) in depth, and wood decking not less 2 inches (51 in • than mm) thickness. 2, Eave rafter projections shall be no less than 4 inches (102 mm) in width and 6 inches (152 mm) in depth. Exposed rafter projections shall not be pocketed by facia boards. SECTION 6.6.2 Repairs and Additions. Repairs and additions of between ten percent and less than 50 %er more of an existing roof area shall be with a Class A roof covering. When 50% or more of the total roof area is re- roofed in any 12 -month period the entire roof shall be replaced with a Class A roof covering_ SECTION 6.7 Automatic Fire Extinguishing Systems. All new ^en=stmetio and reconstructed structures located in Special Fire Protection AreasNery High Fire Hazard Severity Zone shall be equipped with an approved automatic fire sprinkler system. EXCEPTION: Private garages or carports 500 square feet (46.45 m2) or less used exclusively for parking where existing structure on same property is not provided • with an automatic fire extinguishing system. SECTION 6.8 Unenclosed Attached Aecesser) Structures. Unenclosed aeeesser- yattached structures on the exposed side, with openings between the living area and the aeeesseryattached 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, aeeesser- )attached structures may be protected by an approved residential fire sprinkler system. 3. In lieu of heavy timber construction, exterior balconies, decks and similar architectural appendages shall be constructed with wood columns, not less than 6 inches (152 mm) in any dimension, wood beams or joists not less than 6 inches (152 mm) in width and not less than 10 inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in thickness. • 7 (6 4 In lieu of heavy timber construction open trellis and similar architectural • appendages shall be constructed with wood columns not less than 4 inches (102 mm) in any dimension wood beams and/or joists not less than 4 inches (54 mm) in width and 6 inches (152 mm) in depth spaced no closer than 24 inches (610 mm) clear; and wood roofing no less than 2 inches (51 mm) in thickness placed on end spaced no closer than six inches (152 mm) clear. E r� LJ l-7 SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is amended to read: • Chapter 15.02 ADMINISTRATIVE CODE Section: 15.02.30 Amendment to Section 301.2.1.2 of Administrative Code. Amended. SECTION 15.02.030 Amendment to Section 301.2.1.2 of the Administrative Code. Amended. Section 301.2.1.2 of the Administrative Code is amended to read as follows: SECTION 15.02.030 Amendment to Section 301.2.1.2 of the Administrative Code. Section 301.2.1.2 "Masonry or concrete Efences not over 3 feet (914.4mm) in height high above lowest adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent grade." 9 C1 18 SECTION 2. Chapter 15.04 of the Newport Beach Municipal Code is amended to read: Chapter 15.04 BUILDING CODE Sections: 15.04.030 Amendment to Section 403. Amended. 15.04.035 Amendment of Chapter 4 of the California Building Code. Amended. 15.04.050 Amendment to Subsection 5 of Section 904.2.2. Amended. 15.04.060 Amendment to Section 1005.3.3.7. Amended 15.04.065 Amendment to Section 1503.1 and 1503.3. Amended. 15.04.070 Amendment to Table 15 -A. Amended. SECTION 15.04.030 Amendment to Section 403 Special Provisions for all • Occupancies. Amended. Section 403.1 is amended to read as follows: SECTION 403.1 Scope. This Section applies to all occupancies each having floors used for human occupancy located more than 3540 feet (16,674 � � aan12,192 mm) above or below the lowest level of fire department vehicle access. Such buildings shall be of Type I or Type II -F.R. construction and shall be provided with an approved automatic fire sprinkler system in accordance with Section 403.2. EXCEPTION: R3 and U occupancies shall not be subject to the provisions of this section, but shall conform to all other applicable provisions of these regulations. SECTION 15.04.035 Amendment of Chapter 4 of the California Building Code. Amended. Chapter 4 of the California Building Code is amended by adding Section 428 to read as follows: SECTION 428 Special Fire Protection AreasNery High Fire Hazard Severity Zone. 10 J� SECTION 428.1 Scope. Structures in, or adiacent 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 adiacent structures, and structure fires spreading to wildland fuels. All additions and new and reconstructed structures located within and adioining special fire protection areas as shown on NBFD Special Fire Protection Areas UWI/FMZ Newport Coast Map shall be in accordance with Appendix II -A -2, of the Califomia Fire Code EXCEPTIONS: 1. Additions to existing non-conforming structures shall not be required to comply with Appendix II -A -2 (CFC) or Section 428 (CBC) unless addition is located on wildland side. 2. Additions located on the wildland side are exempt from fire sprinkler and Class A roof assembly requirements when both of these construction features are already part of the structure or required by amended Sections 904.2.1 of the CBC and Section 1003.2 of the CFC. 3. One story detached accessory buildings used as tool and storage sheds, playhouses and similar uses may be exempt from the requirements of this section provided all the following are met: (a) the accessory building floor area does not exceed 120 square feet 0 1. 14 m2), (b) the accessory building is not less than 30 feet (9,144 mm) OR from all property lines and /or structures: and (c) backyard complies with and is maintained in accordance with Zone A requirements for fuel modification zones, to the satisfaction of the Fire Department. SECTION 428.2 Definitions. For the purpose of this section certain terms are defined as follows: ADJOINING STRUCTURE is a structure immediately adiacent 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 avolving requirements to structures in Special Fire Protection Areas the exterior wall of a structure for which a 100 foot (30.48 m) 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. RECONSTRUCTION. Any building undergoing construction within any 24- month period, in which the floor area of reconstruction is 50 percent or more-prior to the 11 Z0 submittal of a building permit application._shall comply with the code provisions for new construction. 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 airbome and/or woundbome 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 428.3 Authority. The Fire Chief shall have the responsibility to designate all Special Fire Protection Areas. SECTION 428.4 Fuel Modification Plans SECTION 428.4.1 General. Fuel Modification plans shall be prepared in accordance with this section. SECTION 428.4.2 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 Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas EXCEPTION: The Building Official, with the concurrence of the Fire Chief, may waive the vicinity plan submittal requirements of this section. • SECTION 428.4.3 Issuance of Grading or Building Permits. No grading permit or, if no grading permit is required, no building permit for new and 12 a-r reconstructed structures 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. SECTION 428.5 Building Construction Features SECTION 428.5.1 General. In addition to other relevant Provisions of the Building Code, all additions and new and reconstructed structures located within Special Fire Protection Areas shall be in accordance with Section 428.5. SECTION 428.5.2 Proximity to PropertV Lines. Structure on adiacent properties shall be five feet (1524 mm) from -property lines or shall be separated by a minimum of ten feet (3048 mm). EXCEPTIONS: 1. Proiects 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. SECTION 428.5.3 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. SECTION 428.5.4 Attic and Foundation Ventilation Openings. Attic or foundation ventilation openings in vertical walls and attic roof vents shall not exceed 144 souare inches —(0.93 m2) 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. SECTION 428.5.5 Cornices, Eaves Overhangs, Soffits, and Exterior • Balconies. Comices, eaves overhangs soffits, exterior balconies and similar 13 � ,Z 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 overhang, soffits, between rafters at eaves or in other overhanging areas on the exposed side of the structure. EXCEPTION: 1. In lieu of heavy timber construction, exterior balconies, decks and similar architectural appendages shall be constructed with wood columns not less than 6 inches (152 nun) in any dimension, wood beams or joists not less than 6 inches 052 mm) in width and not less than 10 inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in thickness. 2. Eave rafterwoLtions shall be no less than 4 inches 002 mm) in width and 6 inches (152 mm) in depth. Exposed rafter projections shall not be pocketed by facia boards. SECTION 428.5.6 Roof Coverings. Roof coverings on structures in Special Fire Protection Areas shall be as follows: SECTION 428.5.6.1 New and Reconstruction. Roof covering for new construction and reconstruction shall, as a minimum, be a Class A roof assembly. SECTION 428.5.6.2 Repairs and Additions. Repairs and additions of between ten percent and less than 50% of an existing roof area shall be with a Class A roof covering. When 50% or more of the total roof area is re- roofed in any 12- month-neriod the entire roof must be replaced with a Class A roof covenng. SECTION 428.5.6.3 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 0 assembly. 14 z� J SECTION 428.5.7 Automatic Fire Extinguishing Systems. All new and reconstructed structures located in Special Fire Protection AreasNery High • Fire Hazard Severity Zone shall be equipped with an approved automatic fire sprinkler system. EXCEPTION: Private garages or carports 500 square feet (46.45 m 2 ) or less used exclusively for parking where existing structure on same property is not provided with an automatic fire extin igu shing system. SECTION 428.5.8 Unenclosed Attached Accessory Structures. Unenclosed attached structures on the exposed side, with openings between the living area and the attached structure, shall be of noncombustible, one -hour fire resistive or heavy timber construction. EXCEPTIONS: I. Where openings in the wall between the living area and the accessory structure are protected by a fire assembly haviDy—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 fire sprinkler system.. • 3. In lieu of head timber construction, exterior balconies, decks and similar architectural appendages shall be constructed with wood columns not less than 6 inches (152 mm) in any dimension wood beams or foists not less than 6 inches (152 mm) in width and not less than 10 inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in thickness. 4. In lieu of heavy timber construction, open trellis and similar architectural appendages shall be constructed with minimum wood columns not less than 4 inches (102 mm) in any dimension, wood beams and/or ioists not less than 4 inches (102) in width and 6 inches (152 mm) in depth spaced no closer than 24 inches (6 10 mm) clear; and wood roofing not less than 2 inches (51 mm) in thickness laced on end spaced no closer than six inches (152 mm) clear. SECTION 15.04.050 Amendment to Subsection 5 of Section 904.2.2 Automatic Fire Extinguishing Systems. Amended. Subsection 5 of Section 904.2.2 is amended to read as follows: 15 z� 5. Throughout all buildings with a floor level with an eeetipant lead ef 30 e more that is located 55 40 feet (' 6 764 Ha 2,192 mm) or more above the lowest level of fire department vehicle access. EXCEPTION: R3 occupancies may not comply with this section _unless compliance is otherwise required by these regulations. SECTION 15,04,060 Amendment to Section 1005,3,3,7 Pressurized Enclosures, Amended, Section 1005.3.3.7 is amended to read as follows: In a building having a floor level used for human occupancy located more than 55 feet (16,674 mm) above or below the lowest level of fire department vehicle access, all required exit enclosures shall be pressurized in accordance with Section 905 and this section. Pressurization shall occur automatically upon activation of an approved fire alarm system. EXCEPTION: 1. If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot -type smoke detector listed for releasing service located within 5 feet (1,524 mm) of each vestibule entry. 2. Buildings not equipped with a fire alarm system may not comply with this Section. 3. R3 occupancies may not complywith this section. A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute (1180 L /s) of air at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures. SECTION 15,04,065 Amendment to Sections 1503,1 and 1503,3 Roofing Requirements, Amended, Section 1503.1 Roof Coverings Within Very High Fire Hazard and Severity Zones, is amended to read as follows: The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any 12 -month one year period, new stmeture, and any roof covering applied in the alteration, repair or replacement of ten percent or more of the roof of every existing structure, shall be a fire retardant roof covering that is at least Class A as defined in the Uniform Building Code. Repair or replacement of less than • 10 percent of the existing-roof covering shall be of a roofing covering class equal to or greater 16 ZS than the existing roof covering and not less than Class C. New and reconstructed structures shall be provided with a Class A roof Assembly. • Section 1503.3 Roof Coverings in all other Areas, is amended to read as follows: The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one 3e 12 -month period the entire eevering of every fiew stFue«..., and any roof covering applied in the alteration, repair or replacement of ten percent or more of the roof of every existing structure, shall be a fire - retardant roof covering that is at least Class GB as defined in the Uniform Building Code. Repair or replacement of less than 10 percent of the existing roof covering shall be of a roof covering class equal to or .greater than the existing roof covering and not less than Class C. SECTION 15.04.070 Table 15 -A Minimum Roof Classes. Amended. Table 15 -A Minimum Roof Classes is amended by deleting the table in its entirety and replacement by the following: SECTION 15.04.070 Table 15 -A Minimum Roof Classes. 17 0 • dG �00000�00 ooaaa aaa 000ao ooa 00000 oo - 00000000 - oo■vo� ©��© - 0000aaaaa - = o�0000000 oo■vao ooa oo�a� aoe • 0000� ��© • 00000 - 000 00000 = oo 0000a aaa 0000© o ©© 17 0 • dG s • (1) Buildings which are not f.-are 'han .we stafies in -height and have pet meFe square cam) of projected roof a:ea and where the_e is a Fni- ;..-.um of ,n c e. .. 3 All stra..tufes, regaFdless -a€ eeeupaney elass:hsation, larated with, n the "High Fir TABLE 15 -A - MINIMUM ROOF CLASSES 1, 3, 18 1 27 TYPES OF CONSTRUCTION I II III IV V OCCUPANCY F.R FiR One -hour N One -hour N H_T One -hour N A -1 A A A)2-2.1 A A A = A _ A A = A -3 A A A A A A A A A A -4 A A A A A A A A A B A A A A A A A A A E A A A A A A A A A F A A A A A A A A A H -1 A A A A H)2- 3- 4- 5 -6 -7 -8 A A A A A A A A A D1.1-1.2-2 A A A = A _ A A _ I -3 A A A = A' _ _ Al _ M A A A A A A A A A R- 1- 2.2 -62 A A A A A A A A A R- 2.1- 2.3 -6.1 A A A A A A A A A 18 1 27 R- 2.1.1- 2.2.1 -2.3.1 A A A A A A A A A A A A A A A A A A R -3 R -6.1.1 -6.2.1 A A A A A A A A A S -1,S -3 A A A A A A A A A S -2,S -5 A A A A A A A A A S -4 A A A A A U A A A A A A A A A A - Class A roofing. - Occupancy not permitted 1 Wood roof covering is not allowed regardless of classification except as noted in footnote 3. table. 2 Fire sprinklers shall not be substituted for the fire retardant roof requirements of this 3 An existing building in the City's Historical Register may be re- roofed with a Class B minimum wood roof. 11 4 Tile roofs shall be fire- stopped at eave ends. (Applies to new roofs and re- roofs.) 0 9 19 as • SECTION 3. Chapter 15.15 of the Newport Beach Municipal Code is adopted to read: Sections: Chapter 15.15 REPORT OF RESIDENTIAL BUILDING RECORDS 15.15.050 Delivery of Report. Amended 15.15.060 Exceptions. Amended. 15.15.070 Penalties. Amended SECTION 15.15.050 Delivery of Report. Amended Section 15.15.050 is amended to read as follows: SECTION 15.15.050 Delivery of Report. If the owner refuses to consent to an inspection, a copy of the application noting such refusal shall be delivered by the ewner to zh • escrow holder to other parties to the transaction within seven days of signing the application. The completed report of residential building records shall be delivered by the e w ner er his representative to all ether parties to the agfeementaf sale transaction prior to the Gempletion a= the aatisaetion close of escrow. It is shall be the responsibility of the escrow holder to provide copy of the report to each party o the transaction. propet4y owner to insure that the other pai4y er pa aeste the agreement e€ sale exeeete the aeknewleaag�t. ent ef Feeeipt ex the r a= fe-Sid-eqn-tial bu--ilding Fecofds and file it with the City within thii4y (30) days aflef empletion e the transaction. The filed report shall be proof eemplianee li with the ..reyisiens of this ,.hapt°« SECTION 15.15.060 Exceptions. Amended. Section 15.15.060 A is amended to read as follows: A. The first sale of a residential buildin ^single- family detached dwelling unit which has never been occupied,; This exception does not apply to condominium units which have never been occupied or the first sale after an existing building has been • converted to condominiums. 20 aC7 SECTION 15.15.070 Penalties. • Section 15.15,070 is amended to read as follows: SECTION 15.15.070 Penalties. A. Any ewxer vielatin, person who violates the provisions of this chapter shall be guilty of an infraction. the offense, and subjeet to the penalties . eif ea i , ceetien 1 nn 010 of this !`ode B. No sale or exchange of any residential building shall be invalidated solely because of the failure of the owner to comply with the provisions of this chapter. i 21 2� 0 SECTION 4. Chapter 15.50 of the Newport Beach Municipal Code is amended to read: Chapter 15.50 FLOOD DAMAGE PREVENTION Sections: 15.50.050 Definitions. Amended. 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. Amended. 15.50.200 Standards of Construction. Amended. 15.50.220 Standards for Subdivisions. Amended. 15.50.250 Flood- Related Erosion -Prone Areas. Amended. SECTION 15.50.050 Definitions. Amended. • Section 15.50.050 is amended to read as follows: SECTION 15.50.050 Definitions, Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Addition" means any additional building square footage added to the lot. "Addition cost" means the "addition" square footage multiplied by the cost per foot average as determined by the Building Official. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by pending or sheet flow. 22 ?1 J "Area of special flood - related erosion hazard" is the land within a community, which is • most likely to be subject to severe flood - related erosion losses. The area may be designated as Zone E on the flood insurance rate map (FIRM). "Area of special flood hazard." See "Special flood hazard area." "Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance rate map (FIRM). "Base flood" means a flood, which has a 1% chance of being equaled or exceeded in any given year (also called the "100 -year flood "). Base flood is the term used through this chapter. 'Basement' means any area of the building having its floor subgrade, i.e., below ground level on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of • the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building." See "Structure." "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity 23 1 3) waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone VE, or V. "Current value of the structure" means the existing structure square footage multiplied by the cost per foot average as determined by the Building Official. "Development" means any mamnade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home park or subdivision" means the preparation 0 of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides; and 2. The condition resulting from flood - related erosion. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the floodway. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated the • areas of flood hazards. 92 "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Insurance and Mitigation Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. See "Flooding." "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, • flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. " Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as a "regulatory floodway." 25 • �L� • "Fraud and victimization" as related to Section 15.50.190, variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Newport Beach will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one - hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be incurred only at very high flood insurance rates. "Functionally dependent use" means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, • and ship building and ship repair facilities, and does not include long -term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 15.50.190, variances, of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The City of Newport Beach requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a slightly • different use than originally intended. 26 3� "Highest adjacent grade" means the highest natural elevation of the ground surface prior • to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states . with approved programs. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement ") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this chapter. (Note: This definition allows garages serving one or two dwelling units to be built at grade. Below grade garages serving one or two dwelling units are not allowed as they are considered to be basements.) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured home" does not include a "Recreational vehicle." 27 • • "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. -"Mean sea level" f pese�e the National Reed Insu*aPe Pfegram, •ae t uurroixarGeedetlETei4ie $I- Datum — (I;GVD) ef 1929 er ethef vcnm, to wiucn base —e.,.. elevations shown on a eemmm-itys flood insufanee -ate map afe r-eferene "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. "Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for sWITiTIM "New construction" for floodplain management purposes, means structures for which the "Start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. "North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community's flood insurance rate man are referenced. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building, is wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or 28 2' projecting into any watercourse which may alter, impede, retard or change the direction and/or • velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One- hundred -year flood" or "100 -year flood." See "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public safety and nuisance" as related to Section 15.50.190, variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or • unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle, which is 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remodel" means any reconstruction, rehabilitation or renovation of an existing structure whereby no additional floor area is added to an existing structure. • 29 • "Remodel cost" means the cost of the remodel as determined by the Building Official. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area." See "Area of shallow flooding." "Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e., mudflow) or flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AE, A99, AH, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days of the permit. The actual start means either the first placement or permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or • the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a "Substantial improvement ", the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means any damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition (see "Remodel cost ") would equal or exceed 50% of the "Current value of the structure" before the damage occurred. "Substantial improvement" means any new construction, 'Remodel" or "Addition ", where the 'Remodel cost" plus the "Addition cost" is at least 50% of the "Current value of the 30 structure." This term includes structures, which have incurred "Substantial damage," regardless of the actual repair work performed. However, the term does not include: • Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "Historic structure," provided that the alteration will not preclude the structure's continued designation as a "Historic structure." "V zone." See "Coastal high hazard area." "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. "Water surface elevation" means the height, in relation to the National Geodetie North American Vertical Datum (dGV-BNAVD) of 492-91988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes • specifically designated areas in which substantial flood damage may occur. SECTION 15,50.070 Basis for Establishing the Areas of Special Flood Hazard. Amended. Section 15.15.070 is amended to read as follows: SECTION 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration of the Federal Emergency Management Agency in the "Flood Insurance Study Orange County and Incorporate Areas," dated February 1992, February 18, 2004, with an accompanying flood insurance rate map and flood boundary and floodway maps dated Febmafy 199T2, February 18, 2004, and all subsequent revisions, are adopted by reference and declared to be a part of this chapter. This flood insurance study is on file at 3300 Newport Boulevard, Newport Beach, California (92659- 1768). This flood insurance study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. Notwithstanding the building pad elevations established by the flood insurance rate maps, the minimum required first floor elevations for the interior living areas of all new structures shall be at least 6.27 fnean 31 • sea level 8.67 (NAVD) consistent with the Public Works Department standard for bulkhead elevation. SECTION 15.50.200 Standards of Construction. Amended. Section 15.50.200 Standards of Construction is amended to read as follows. SECTION 15.50.200 Standards of Construction. In all areas of special flood hazards, all "substantial improvements," including all existing construction, shall meet the following standards: A. Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Construction Materials and Methods. 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Is flooding; and 4. With zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and floodproofrng. 1. Residential Construction shall have the lowest floor, including basement; a. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest grade if no depth number is specified; b. In an A zone, elevated to or above the base flood elevation, as determined by the City of Newport Beach; C. In all other zones, elevated to or above the base flood elevation per Section 15.50.070. d. Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and • which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 32 7"� floodwater. Designs for meeting this requirement must exceed the following minimum criteria: • i. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Insurance and Mitigation Administration, or Federal Emergency Management Agency; or ii. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater. e. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsection 3" CL)(1)(a, bc) or together with attendant utility and sanitary facilities: a. Be floodproofed below the elevation recommended under subsection "�(C)(1)(a, b, c) so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. 3. Manufactured Homes. Manufactured homes that are placed or substantially improved, shall be elevated to or above the base flood elevation and be securely anchored to an • 33 adequately anchored foundation system to resist flotation, collapse and lateral movement. 4. Recreational Vehicles. All recreational vehicles shall: a. Be on the site for fewer than one hundred eighty consecutive days; b. Be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or C. Meet the permit requirements of Section 15.50.200(C) of this chapter. D. Required submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the Uniform Administrative Code, adopted in Newport Beach Municipal Code Section 15.02.010. In addition to submittals required by the Uniform Administrative Code, drawings shall show the nature, location, dimensions, and elevations of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: 1. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to mean se� AVDJ to which any structure will be floodproofed; 3. All appropriate certifications listed in Section 15.50.150 of this chapter; 4. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; 5. Plans for any walls to be used to enclose space below the base flood levels. SECTION 15.50.220 Standards for Subdivisions. Amended Section 15.15.220 Standards for Subdivisions is amended to read as follows: SECTION 15.50.220 Standards for Subdivisions. 1. All preliminary subdivision proposals shall identify the flood hazard area and . elevation of the base flood; 34 �J 2. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator; 3. All subdivision proposals shall be consistent with the need to minimize flood damage; 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage; 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards; 6. A development permit shall be obtained before construction or development begins on a subdivision within any area of special flood hazards established in Section 15.50.070. Application for a development permit shall be made on forms furnished by the City Manager or his designated representative and shall include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of each structure within the subdivision; existing and proposed grades, and drainage facilities. Specifically, the following information is required; A. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; B. Proposed elevation in relation to mean sea--� AVD to which any structure will be floodproofed; C. All appropriate certifications listed in Section 15.50.150 of this chapter; D. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; E. Plans for any walls to be used to enclose space below the base flood level; and F. Provide certification that all necessary permits have been obtained from federal, state, and local governmental agencies from which prior approval is required. NOTE: It is the developer's responsibility to obtain these approvals. 7. The Floodplain Administrator shall: A. Review all development permits to determine that the permit requirements of this chapter have been satisfied; is 35 /I `t • B. Review the developer's certification that all other required state and federal permits have been obtained; C. Review all development permits to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "Adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; D. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; E. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; F. Take action to remedy violations of this chapter. SECTION 15.50.250 Flood - Related Erosion -Prone Areas. Amended. Section 15.50.250 Flood - Related Erosion -Prone Areas is amended as follows: SECTION 15.50.250 Flood- Related Erosion -Prone Areas. A. The Floodplain Administrator shall require permits for proposed construction and other development within all flood - related erosion -prone areas as known to the community; B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood - related erosion and will not cause flood - related erosion hazards or otherwise aggravate the existing hazard; C. If a proposed improvement is found to be in the path of flood - related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard; D. Within zone VE on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood - related erosion hazard and erosion rate, in relation to the anticipated "Useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic • characteristics of the land. The buffer may be used for suitable open space purposes, such as for 36 7� agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. E • 37 SECTION 1. Add Chapter 15.60 of the Newport Beach Municipal Code to read: Chapter 15.60 (Added) CONSTRUCTION SITE FENCING AND SCREENING Section: 15.60.010 Construction Site Fencing Purpose. Added 15.60.020 Construction Site Fencing- Required. Added SECTION 15.60.010 Construction Site Fencing Purpose. Added Section 15.60.010 is added to read as follows: SECTION 15.60.010 Construction Site Fencing Purpose The pumose of requiring construction sites to be fenced is to protect adjacent properties from construction activities and • debris and to safeguard public safety by restricting public access to the construction site and to preserve the esthetics of the neighborhood and minimize construction nuisance by screening the clutter of construction, thereby ensuring the comfort, safety and welfare of the residents of the City of Newport Beach. SECTION 15.60.020 Construction Site Fencing Required. Added Section 15.60.020 is added to read as follows: SECTION 15.60.020 Construction Site Fencing Required. Prior to starting grading, excavation, construction of a new structure or addition and remodel to an existing structure with a combined floor area exceeding 75% of the floor area of the proposed structure, the Building Director shall require the site to be temporarily fenced and screened on all sides for the duration of the construction project. The height of fence shall be between 72 and 84 inches, and fence material shall be chain link metal fence overlaid on the exterior with an opaque vinyl screen, or other equivalent fencing and screening material as approved by the Building Director. EXCEPTION: Where fencing on one or more side(s) is not feasible due to physical constraints or determined to be unnecessary by the Building Director due to the presence of • equivalent barrier(s). CodesV re & bldg codes amends 2 -22 -05 38 Y7 ME o � c� a 3 �O \�ZIa tA 0 w �� / i U� � m Z W � Z W OQ� CL 0.F- W � Q W 0 ^ Z (9 W H Z 0 0-w � J � H co 06 0 4.; a� o E -o a) c .L- a) IL E mo Q � mo 0.- n mo 0 .� am .0 Q) M mo 4mJ U) U U 0 0 N cv L N J Q U Z C� G I U Q �W W H O a w z W I v! Z CW G Z CW G Q W O U C Qj E of o c QJ °' E i Qj -O Q a C O � '0 fo o U Q U O U � Qj O U J 2: Qj jL • • N O Uf O C aE f0 O U (Ij 'p Q O U' O 0 >U f� a-' O .0 ' • Q N S' fn O fU ur E 4-) c Qj w � f0 E - Q L C O U Qj o '0QU O — fU U a O �J � M Ln Lri Qj a f0 U vi i O U O ce O c m c — O r3 E C C QJ QJ E Q Q w 6 O U O t J O a O • fy- G Ln Ln i O a f0 L U c � o ,., C C fL °' E a QJ m; M. EU fo O � J O O • LL LM O Qj a f0 U c .E Qj Qj U U) f0 c� C 4-1 U C C C QJ O LL .O Qj Qj c Q O fo U U i J C O • U lO M vJ a z a It C) C6 i u U LL N Q M � O � O L C � O ,C 4-J U- c� U C fo -6 E N O C Ea a: a V) .� V) N %` N a-J L U LL uf� a O 'L a-J U N Q V) U C O +� ca N C N - E L foe vi E O v) N U C N a--i U E E L fo 'o V) O C 0) -W cr _0 -W U C fo N V) N O C C -0 cr N O N N N70 O .1.5 fo E L- c C 4-, U L N - E L O ca L O fo N Q :3 -C U -C .m ca0 n Y � . C X N N fo V) O O .E LL N O Ln 0 Yj a z a C) _W �.i AM U .L LL N ►m O U O E .E -0-0 fo C a-j a cn m .aA` . C O E N � E 1- E C cy �— Q N X L. ca 0 N U O N a-j L . L ro C — — N fo fo 4-J O O E U - (n U- V) U U O F- v N ca (n U L LL i N N O �! O L O co O � a U o O c� U E a Z L' E a a U V) O N fo L a"i A fo C v; O •� C Ln U E C: U C: cr N ca ca U >J , o 4-J u �O V) C N .O E > U V) C U fo L N N C U =3 - U L (n o fo WWC° -C ro V) 4-J (n U ca O C: LL �w cfo E.— v) E• -0- L = Ln L -= v 0 � =3 U N w VJ Q z Q 0 i A � O U LL r N a H U X O � 2: E0 O a C F"m777 O Al, N Q O O -0 -r- . fo V) V) •E �- L C > U 0 ca O Q U v U o C: Q N O 1- co fo E a-J -C .L fo O 4-' N N N 4�- U — UO C LO L 4-J QO � O'O o N N o 00 N •— U V) C C fo 0 O L .- Q � U � N N O .� al (n N E OU iii .S N - 00 -C � _0 _0 Vi cn 4-J O C ca 'a — N N, � L-j u: U as Q) E C- N C w d- N .- x L c N N L N 'L +, C._ U 4-J +-+ ro ♦-,r -O -0 rl -� O C N N L N C U N Q O L O a-J i� L ca L L � i C �•� 01 N O O-0 -O U C a ° O- cn � � U cn N O N 0 4- ca cn O C +, L - �a)L�wo•� °Erg C o C :fo c00 C�a�� N 4-J cn N- 4' O-0 x O C ° O %w -.E 4 E Cl L -0 O -a � U O a J � a�u '�x�Ufo n n . _ N a E 'O 'O L O- C L N -0 is N z aa��'ro MLn�U- �n�-W a w s, N O V) Lo C r 4- a"J 4-0 cl Q E Co Q) Q) U ,w ai U 7D O °' U o Q) 4-0 4-J Co �^ L. O c N E o J C Q Q O z u Q N cn Q) a) to U fo Ln f� cr Q_ Q) (n Q) V) f� — C p O- Q) O -W 4-J Q) = a-+ al CD Q fo � -O M Q pl E -p OC E � _ L (n (n 4 N Q) Q) m Q) - rn � co o 'a +, o -a 'a U U C -0 'a i v O (� 'p p fo (n O :3 -0 cn 4-J O C 07 fo Q) 'L CL -0 Q) Q) u O CD =3 � .^ L L Q L L �� m0)CDm'0 Oo�CD •- E L .� to U Q) Q) Q U 'a L a-J a-J U-0 p) C pl i 0 ) L6 r W �.i co U W U V J c -6 O fo Q W z Q M a c -6 O fo C ; Q N c U E c L O � N L w N fo O O c '� (v fo .— •; C V) L Q � ca .c Cl O^, ro Q (n V O a-J N L L >. M a� -c fa LL _ .E 0-0 3: >% 3 O fo c U 0) c U- O .� .� Q V N U - +, N 0) — U U c Lni c -0 O fo (n a M VJ Z O L6 r L (o U W O U .M� W (Vi L U, O U 4-) c C: fo E U c0 N Q fo m .. iY L a-J U- V) fo C U N N _0 > fo X O =3 V U cfo�� oQoLL +-' C N ca .L N 'O 4-J -0 U •� -0 O ro 4-JO N N U I .- a cn Q 00 0) N C C U N N D L (n (n LL Q .. iY U U p2 U3 I C� ado WO z ti ,� O vii J NZ9 U ro O n) O O 0 00 O� �p 2� UU O U� Y r m 2 � - �� N O DOO �roU lD \"_J O 2 O O N I-i 1 111\ O `L.1 li Cj vo �v pia rr M n� c° m a lial Oil i d C Q O Lr) N' L_ O �. u' c o Ua) O� U ° 0 a E Q z , Q M U a-J C - C a) a.., L ca uj -v C E O -C U Q O •,. E � v'• o - w x a)U E> fo L o�'LV �V) fo •� L 'O C a1 E E�°��•� U v, O N O E L 4- fo � C' O o ro 0 o Q)C�� •� -� ro .- Q cr c V) >% E NE��L-�FL U- fo�c -� w i � cn u v O C)) L C Om(nU�ii 0-0 (n r-777 I l Y1 Z Q C) L6 i U U .M� W r 1 M M Ln rl 0 U O a E N 1! al- 6 C: -W f O E L _0 O fo Q) V) _N =3 -0 J:) •L V) � f cii > U LL V) N O N Q LO O can O N O •1= 4- U L C cr f O W L Q V) 0 o � a� N a--i U U .L N O m :3 _0 D C: 4-J N O f u L c)c V E -C a C C :3 Ln N a a) -c Ln > *. N �c C X N CD .fo LL P C vv), q1t :3 fo 4-J _ � Q ,E �") V) c c 4- •C J M r n� ,00c 4 ° � NV L �a M - � M Ln o V E N Co � �cV) co U a) 0 a) .- 'L -a a� 0 U co -0— C)- -D 0) o� c =��co fo c .. +-, N M U L -0 fo lo N C O p p fo 0 lo U-) ca ca � � � m N V) fo � V oV; ro c�� c� �' cn c N Ica) a�oo� E° C C I o L L : C!) - oL'U,� co<a a�o0 o cn cn Q o o v) v) co V Q m E0)oroLro ro o 0)0) ary -IC4 auu� V L Q M � w �� 71 N O o N w N cu w wLL � � cu O c N L E w _ L O 0 (2) co .a O c > cv L w N � O O CD LL N 0 cu o N o o 0 0 a1 rte'+ .0 c U O O •L L p - o - �0 00 N O L Q o o co >�= ax co cu 0 O U U co 0 0 .-. An � x U L L E c6 O E O N N CU ' � %+- co N O Q O O CD = c a LL CU �� L N i N �� — ] V _E p C O L w. cu O) -0 c6 -0 V N i O O co N cu co x O m m c6 .� p ca U co co U o co ca cu Q o U U L L_ c cu O o N N C o U L OR O Q O L C N o L OV �- O L o C O Er-- N CL cu ` ' O Z cu FT N a � M V J J Z 0) .M_ W — cn [•J 7t CL NW 0. / m NJ V T� L. 4-j CL U� cn ^O NW 0. / M� z a, O '�- E O O aJ 0 3 C' O o O = 0) -0 a) 4-1 � aJ > a�J M •� _0 O � C •L ate-.+ � � O a-+ L O -0 3 � O u O U) M L. CL a..., — O ECL -0 L O� �MQ'3 O .= O � aJ CO C (p C o LU a-1 [s] 0 a� C M U) a� Cc C U aJ M O .L E CL L. C a a) Q E L M _0 O -0 O ate.., o Q3 _0 O O .O C � 3 0 �Mto L (1) � aJ a-1 0) O O U CL E o o M -0 U L L � F7777ht �3 � aJ > a�J L _0 a i � � C O a�iU� a-+ L O -0 3 � O u a..., — O ECL -0 O� O .= O � aJ CO C (p C o 0) F-- m L U XG 0 a� C M U) a� Cc C U aJ M O .L E CL L. C a a) Q E L M _0 O -0 O ate.., o Q3 _0 O O .O C � 3 0 �Mto L (1) � aJ a-1 0) O O U CL E o o M -0 U L ° ui F7777ht �3 ° ui W 0 C a-+ Zo3 U (n O u O O LZ C 0 a , i 'O O O U C O w a-+ C -0-0 O O cn U O O O U Lf C O L- 0 •L O C ° a-J • U L p C > O -r a-1 U a O C L rp C O C a, O , -v .— o cn C c Fu "O .L .2-o L aO+ C O m > 3•�;Q -• - > c aJmc0)E��u OU "O 0 C ° X ° 0 4-1 E O ECE 4-1 "uaJaL -r -0 O _0 C _0 '� C aJ L E m D U> O C L O -W a�J I— 4-1 U m 0-0 O O 0 C 0 >- 0 _0 cn C — O-r--0 V C fB 0 L 4' C M 0 0 N C � L fB � > •— L w 'p 0 cn LL Q 0) � 0 4-J -C- C O 4-J 'd a--+ .— a-J N C O Ln O C: O fB E cn V '— a.° .+ O o --0 c C: cLn .� w V fB O fu- ,� O -�-+ 4-J L cn 0- _0L. 00U� ro Ca 4-J V V 0 N c� fu LO m 4--j fB � E L- (� 4-J OV O M 0 (n :3 07 -C- L6 O C 6 C L C Qfo~ O O S.. 3 L' V O N N ^ Z fB 00 5- N fu Q o 0 LL Lu O o i 0 N 4- O L C: V) •fo •L L C: E N -- O V) fo V) °o N LL �� 4-j c co 4Q o V, , c V c- -a -C 2 E o L .. a� •� ro .� E v 4-J -0 U E - V > c • . U c - c C��•— Q Ov co -o ♦♦_ L C ._ > VJ � Q V) N C O U Q L QUc� U Z a n O OL � L U O (naU Qc� z •• •• . 4111 TAM id j I 4F krl 74, . . .. . . . . . . . Aq EPA . 4111 P. 4- 4 id j P. 4- 4 { ( �� \/ \ oli lip 1: :�� /I i \§ _ �,•i gib'$ 1, MA $yam. � lt�r,.tll��c�f. ej` ....... l� : i li is , fl1' • it �� j' y 11 "the W III r s 9 - " to I+ — ix• ! I r ;� 5 1 i, r. 4�i it Vii; ,N I : e ' I 1 M1, M1 j' Li � 7 jr r i. r. Ir JI 1t i is i i. r. loo gl�gl Ir 'f �"`�� ili ��j lei �, �' � .i it if! #f, n i � aa �11ii:, 'k' ' I'll) i. Ir loo gl�gl Ir 'f �"`�� ili ��j lei �, �' � .i it if! #f, n i � aa �11ii:, 'k' ' I'll) i. 1L AW 7 ll� m N J Q U z Z Is H ry O a w z "I > ry w O U) z w Z> 0 z w Q w 0 O U E E O L. O mo ro O a� m Ji