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Home My WebLink About03 - Breathing Air Replenishment SystemsQ�E�/PpRT CITY OF p @ NEWPORT City Council Staff Report Agenda Item No. 3 September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott Poster, Fire Chief 644 -3101, sposter(cDnbfd.net FROM: Kevin Kitch, Assistant Chief APPROVED: n 0. Y-4A TITLE: Proposed Amendment of the Newport Beach Municipal Code, Title 9; Chapter 9.04 Fire Code, Removing Section 610 Breathing Air Replenishment Systems (BARS) ABSTRACT: Presentation of a proposed ordinance removing the locally adopted Fire Code amendment requiring the installation of Breathing Air Replenishment'Systems (BARS). RECOMMENDATION: 1. Introduce Ordinance No. 2012 -21 , 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 2. Find Ordinance No. 2012- 21 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) 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. FUNDING REQUIREMENTS: There are no direct costs to the City associated with the adoption of this ordinance. Proposed Amendment of the Newport Beach Municipal Code, Title 9; Chapter 9.04 Fire Code, Removing Section 610 Breathing Air Replenishment Systems September 25, 2012 Page 2 BACKGROUND: The City of Newport Beach adopted Section 610 into the City's Fire Code, Newport Beach Municipal Code (NBMC) Chapter 9.04 on December 6, 2010. The adopted local amendment to the Fire Code requires that all high rise buildings having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicular or personnel access, or located 55 feet below the level of fire department vehicular or personnel access, shall be equipped with an approved BARS for firefighters. The system 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. The required breathing air is to be supplied into the permanent piping system by a mobile breathing air unit, essentially a breathing air compressor on wheels. DISCUSSION: This is a request to update Chapter 9.04 of the NBMC by amending Section 9.04.060 to remove the requirement for BARS. The State Fire Code does not require the installation of BARS in new high rise buildings. However, a local agency is permitted to amend, or add ordinances or regulations that are more restrictive than the minimum requirements of the State Code in accordance with Health and Safety Code Sections 13143.5, 17958, 18941.5. The more restrictive BARS requirement was adopted by the City pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code on December 6, 2010. The request to remove the amended Section 610 is the direct result of the Fire Department's inability to comply with this requirement. Section 610 specifies that the location of air refill stations, installation of 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. Specifically, the procedure in NBFD Guideline D.02 states that the connections for the BARS must be compatible with NBFD's mobile breathing air unit. This equipment no longer exists in the City of Newport Beach, nor is a replacement unit proposed. Without a mobile breathing air unit, the system cannot be utilized by firefighters in the performance of their duties fighting a fire in a high rise building. Also, countywide operational integration of BARS presents ongoing logistical and training issues. Any working high rise fire will call on the resources of multiple fire agencies throughout Orange County. Absent of countywide adoption of BARS policies and procedures, it is extremely unlikely that the proposed BARS system will be used in the manner envisioned. Other fire agencies will, and should, operate per their Standard Operating Procedures /Guidelines. Currently, no fire agency in the County requires the installation of BARS. 2 4 Proposed Amendment of the Newport Beach Municipal Code, Title 9; Chapter 9.04 Fire Code, Removing Section 610 Breathing Air Replenishment Systems September 25, 2012 Page 3 In summary, absent the availability of our own mobile air unit, and issues with multi - agency adoption and training, we find that the strict application of the local Fire Code in this specific setting is not practical. Therefore, it is our recommendation that the NBMC Section 9.04.060 be amended to remove Section 610, Breathing Air Replenishment Systems. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted Chief Scott Poster Fire Chief Attachment 1: Ordinance No. 2012 - Attachment 2: Ordinance with Strikeouts 3 3 ORDINANCE NO. 2012- 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) The City Council of the City of Newport Beach finds as follows: WHEREAS, the City of Newport Beach 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 of Newport Beach's Fire Code 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 of Newport Beach 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 of Newport Beach's Fire Code in this specific setting is not workable. 4 ATTACHMENT 4 NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 9.04.060 of the City of Newport Beach Municipal Code is hereby amended by removing in its entirety 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 th a main exit corridor of each floor, adjacent to each exit enclosure. B. On every level in ever y stairwell. C. In each elevator lobby. D. In public assembly areas larger than 1,500 square feet (139.36 m2). E. In every fire co ntrol room. F. In such other areas as may be 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 2: 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 3: 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 5 ATTACHMENT 6 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 4: 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. 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 MEM NANCY GARDNER, MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: AARON C. HARP, CITY ATTORNEY n ATTACHMENT ;y 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 may be 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. ATTACHMENT