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HomeMy WebLinkAbout03 - Amendment - Breathing Air Replenishment SystemsSCOTT L. POSTER Fire Chief Agenda Item No. 3 September 25, 2012 NEWPORT BEACH FIRE DEPARTMENT P.O. Box 1768, 330o NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915 September 19, 2012 PHONE: (949) 644-3104 FAX: (949) 644 -3120 WEB: www.nbfd.net TO: Leilani Brown, City Clerk FROM: Kevin Kitch, Assistant Chief SUBJECT: Amendment to the BARS Staff Report The City Attorney's Office has recommended a change to the proposed ordinance language which will require three separate actions or changes to the existing BARS staff report and attachments. They are: 1. Replace the title of the staff report to read as follows: Proposed Amendment of the Newport Beach Municipal Code, Repealing Section 9.04.060 of the Newport Beach Municipal Code and Adopting a New Section 9.04.060 of Title 9, Chapter 9.04, to Remove Section 610 Breathing Air replenishment Systems (BARS) 2. Replace Recommendation 1 of the staff report with the following: Introduce Ordinance No. 2012 - , titled "AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9, CHAPTER 9.04, SECTION 9.04.060 TO REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS)" (Attachment 1); and pass to a second reading on October 9, 2012; and 3. Replace Attachment 1 (Ordinance) with the following: ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 9.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPTING A NEW SECTION 9.04.060 OF TITLE 9, CHAPTER 9.04, TO REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS) The City Council of the City of Newport Beach finds as follows: WHEREAS, the City of Newport Beach ( "City ") adopted Ordinance 2010 -24 on December 6, 2010, which among other additions, added Section 610 into the City of Newport Beach's Fire Code as codified in Newport Beach Municipal Code ( "NBMC ") section 9.04.060; and WHEREAS, the adopted NBMC requires that all high rise buildings be equipped with an approved Breathing Air Replenishment Systems ( "BARS ") for firefighters; and WHEREAS, the BARS is designed to provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of self- contained breathing air carried by firefighters in the performance of their duties; and WHEREAS, the required breathing air for the BARS is supplied into the permanent piping system by a mobile breathing air unit; and WHEREAS, the California State Fire Code does not require the installation of BARS in new high rise buildings; and WHEREAS, Section 610 of the City's Fire Code, NBMC Chapter 9.04, specifies that the location of air refill stations, installation of the BARS, and maintenance of BARS be designed and installed in accordance with Newport Beach Fire Department ( "NBFD ") Guideline D.02 Firefighter Breathing Air Replenishment Systems; and WHEREAS, the procedure in NBFD Guideline D.02 specifies that the connections for the BARS must be compatible with the NBFD's mobile breathing air unit; and WHEREAS, the City no longer has a mobile breathing air unit, nor is a replacement unit funded and this equipment is essential to the successful operation of BARS; and WHEREAS, countywide operational integration of BARS presents ongoing logistical and training issues for NBFD and other fire agencies in Orange County; and WHEREAS, absent the availability of a NBFD mobile breathing air unit, the strict application of the City's Fire Code in this specific setting is not workable; and WHEREAS, the City Council readopts the findings and recitals contained in Ordinance No. 2010 -24 as if set forth in full herein. NOW THEREFORE, the City Council of the City of Newport Beach ordain as follows: SECTION 1: Section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal Code is hereby repealed. SECTION 2: A new section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal Code is hereby added to read as follows: 9.04.060 Amendments to Chapter 6 Building Services and Systems. Section 604 is amended by adding Section 604.2.15.2.2 to read as follows: 604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 604.2 of the California Fire Code in the following locations: A. In the main exit corridor of each floor, adjacent to each exit enclosure. B. On every level in every stairwell. C. In each elevator lobby. D. In public assembly areas larger than 1,500 square feet (139.36 m2). E. In every fire control room. F. In such other areas as maybe designated by the fire code official. Section 611 Solar Photovoltaic Systems is amended by adding Section 611.1 to read as follows: 611.1 General. Solar Photovoltaic Systems shall comply with Newport Beach Fire Departments Guideline D.04 Fire Safety Elements of Solar Photovoltaic Systems. The provision of this section may be applied by either the fire code official or the building official. SECTION 3: The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstances, be declared invalid or unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. [CONTINUED ON NEXT PAGE.] This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of September, 2012, and adopted on the 9th day of October, 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPR • ASS T - O AARON -G. HARP, CITY ATTORNEY