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Home My WebLink AboutSS3 - Enforcement of Uniform Fire Code in Newport HarborCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. SS3 October 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Riley, Fire Chief Tom Rossmiller, Manager of Harbor Resources Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Enforcement of the Uniform Fire Code in Newport Harbor ISSUE: In many locations throughout Newport Harbor, boats are berthed in violation of the Uniform Fire Code. How should the City of Newport Beach remedy this? RECOMMENDATION: Receive and file report, offer further direction to staff. DISCUSSION: Background: To protect against a fire that might jump from vessel to vessel in a marina, the Uniform Fire Code (UFC) says that vessels cannot be tied to each other. It also says that each vessel must be easily removed from a marina or slip without having to move another vessel in the process. The Fire Department and the Harbor Resources Division have observed that some -- possibly many -- commercial marinas and yacht brokerages in Newport Harbor violate the Fire Code. Recognizing that full and immediate enforcement of the Fire Code could impact Harbor -area marine businesses, the Harbor Commission has discussed and debated this issue over the past year. At the Study Session planned for October 14th, the Fire Department, the Harbor Resources Division, and the City Manager's Office will describe the problem and propose various alternative solutions for the Council's consideration. More information and detail will be provided in the PowerPoint presentation planned for the 14th. Readers Enforcement of the Uniform Fire Code in Newport Harbor October 14, 2002 Page 2 should look to the Harbor Commission's web page on the City's web site (www. city. newport- beach. ca. us) for more information, for past staff reports, and for the Commission's past deliberations. Committee Action: The Newport Beach Harbor Commission has discussed this issue several times over the last 12 months and offered a recommended plan of action. Environmental Review: The City Council's discussion of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: N/A Alternatives: Alternatives will be discussed at the October 14, 2003 study session. Submitted by: Da Kiff Assistant City Manager Tom Rossmiller Harbor Resources Division Manager �p.,�y u5 5S3 Harbor Resources Division Vessel Berthing rO The Uniform Fire Code 4 7 r` The Problem... Hamor Resources Division • Several areas of the Harbor have vessels berthed in such a manner that: • if a fire were to occur, the vessel could not be removed from the dock and may involve other vessels or structures adjacent to the vessel in question. • They encroach into fairways or main navigation channels and thereby become hazards to navigation. • They exceed dock design criteria, sometimes resulting in structural damage and safety problems for users. t f "; Recent Historical Perspective of the Issue: ` Act now before a charter boat accident happols Harbor T Resources 1 - - - Division In June 2002, the Harbor Commission reviewed the issue of Vessel Berthing at Commercial Marinas. In October 2002, the City of Newport Beach Fire Marshal recommended proactive enforcement of the Uniform Fire Code and applicable sections of the NB Municipal Code. In December 2002, the Harbor Commission reviewed a recommended action plan and asked for additional analysis. The HC formed a subcommittee to do the additional analysis. At the HC's February 2003 meeting, Commissioner Corrough presented the Subcommittee's findings and recommendations. In May 2003, the HC adopted an Action Plan (described later). What the NBMC says... Harbor Resources Chapter 17.20.010 Docking Permission Required Division C. No person holding a permit issued under the terms of Chapter 17.24 (Structures in Harbor) of this Code or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a vessel to be made fast to any other vessel which is occupying any pier over which said person or permit holder has control, except as provided in the exceptions found in paragraph (B) above. (Exceptions apply to commercial fishing vessel loading or refuge from inclement weather.) Chapter 17.20.020 Vessel Tie Up Method Every vessel lying at any pier in Newport Harbor shall be fastened thereto with such lines, at least from both bow and stern, and in such a manner as to assure the security of such vessel. No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this code shall permit or allow any vessel lying at any pier under the control of the permit holder to be fastened in a manner other than is required by this section. E == What the UFC says... Harbor Example of Multiple Fire Code Resources Division Applicable Standard: Section S.1 Wet Storage and Berthing " Each berth shall be arranged such that a boat occupying a berth can be readily removed in an Resources emergency without the necessity of removing other boats." Practical Implication: This standard essentially prohibits vessel rafting or multiple vessel berthing in a single slip consistent with the municipal code. Example of Multiple Fire Code Violations at One Site Harbor Resources Division Multiple Vessels berthing in a single slip f 71� Vessels Rafting Uniform Fire Code; Harbor Resources Division • The National Fire Protection Association (NFPA) has developed fire protection standards for Marinas and Boatyards in their NFPA 303 publication. • This standard has been adopted by the City of Newport Beach as part of the fire code. • The standard applies to construction and operations of marinas, boat yards, yacht clubs, docking facilities and all associated piers, docks and floats. • The purpose of the standard is to provide a minimum acceptable level of safety to life and property from fires and electrical hazards at marinas and related facilities. • The proposed inspections will focus on the berthing issues and will include checks of the electrical systems, fire fighting systems and general safety issues. Fire Code Violation Survey: Harbor Resources Division February, 2002 survey of 63 commercial sites on City and County Tidelands showed: • 32 sites in violation of fire code • 10 of the 32 sites had rafting violations • 8 of the 32 sites had encroachment violations • 29 of the 32 sites had multiple vessel berthing in a single slip • 31 sites had no fire code violations • If we strictly enforced the UFC at the time of the survey, about 150 vessels would have been required to move. 12 Commission Approved Action Plan Harbor Resources 1. Send a letter to each of the Commercial Permittees (63) along with a Division recent aerial photo of their marina. Letter IDs vessels berthed in violation of the code, outline an enforcement plan, set compliance dates, and describe Compliance Plans ( "6 + 6 "): Permittees given 6 months to develop and submit a Compliance Plan (period starts at issuance of the letter); If the Compliance Plan is not approved at the end of 6 months, then enforcement will immediately commence. If the permittee does obtain an approved Compliance Plan within 6 months, then the permittee will be given 6 months more to progressively implement the Plan - that means: • When a boat docked in violation of the Code is sold or removed, it cannot be replaced with another boat. • At the end of the12 months following the issuance of the letter, everything must comply. Commission Approved Action Plan Harbor Resources Division 2 Prepare an enforcement plan that identifies team members, items to be covered and inspection schedule. The initial inspection (which includes more things than just the Fire Code — electrical, water, etc) and strategic plan development will be completed by a team from the offices of Harbor Resources, the Fire Marshal, and the OC Sheriffs Harbor Patrol. Periodic follow -up inspections would be accomplished by an abbreviated group of the above. 3. Establish a fee schedule to recover inspection and enforcement costs. 4. Prepare a "Best Management Practices" or "BMP" Plan about fire safety in marina operations to provided as an example to all marina operators. Commission- Approved Action Plan Harbor Resources 5. Establish "Special Circumstances" review board, made up of the Fire Division Chief (or his designee) and Harbor Resources to meet with commercial perrnittees on a case -by -case basis to discuss potential alternatives to compliance. 6. Implement an Interim Strategy to alleviate as many of the fire code violations problems as soon as possible — like: • More efficient use of the moorings; and • Temporary docks, if available and permitted; and • Improved design criteria and standard drawings for harbor construction 7. Establish a central clearing house/ resource center at Harbor Resources Office for Fire Code compliance information. 8. Provide Fire Code compliance information on the City's Website and prepare news releases regarding Fire Code compliance information. Other Issues of Note... Harbor Resources ' Residential piers need to come into compliance, too — but those Division follow in priority after gaining compliance in the commercial facilities. • Will commercial perrnittees attempt to access residential piers for temporary or full -time rentals? If so, the City will want to better regulate this commercial use of residential piers. • Commercial dock standards need to be updated — we'll be bringing a proposal to you soon to get this important work done. • Vendors of commercial dock repair will be busy — we'll be watching backlogs and possibly encouraging more vendors into the Harbor. • Over the past 30+ years, the mooring areas are out of whack (that's the technical term) — as a part of our Interim Plan, we will want to re- engineer the moorings back within permitted zones. M How to Find Out More... Harbor Resources Division There are several ways to find out more information about the vessel berthing and fire code compliance issue: -Check the City of Newport Beach Website under hftp: / /www.city.newport- beach.ca.us click on Departments, then Harbor Resources/Tidepool, then Harbor Commission. Under agendas, you will find staff reports and under minutes plus approved actions of the Commission. Other informational resources will soon be added to the site. -E-mail Tom Rossmiller at trossmiller(&citv.newport- beach.ca.us -Phone Harbor Resources at(949)644 -3034 -FAX Harbor Resources at (949) 723 -0589 -Mail Harbor Resources at 829 Harbor Island Drive, Newport Beach, CA 92660 7