HomeMy WebLinkAbout2016-119 - Setting Forth Findings Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications and Changes to the 2016 Edition of the California Fire Code as Reasonably Necessary Because Of Local Climatic, Geographic, or TopRESOLUTION NO. 2016-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE 2016 EDITION
OF THE CALIFORNIA FIRE CODE AS REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC,
GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same or modified or
changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922 to
impose the same requirements as are contained in the 2016 Edition of the California Fire
Code based on the 2015 International Fire Code of the International Code Council;
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the 2016 Edition of the California Fire Code, which are
reasonably necessary because of local climatic, geographic, or topographic conditions;
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes pursuant to Health and Safety Code
Section 17958.5, make express findings that such changes or modifications are needed due
to local climatic, geographic, or topographic conditions;
WHEREAS, the Fire Code Official has recommended that changes and modifications
be made to the 2016 Edition of the California Fire Code and has advised that these changes
and modifications to the 2016 Edition of the California Fire Code are reasonably necessary
due to local conditions in the City and has further advised that the remainder of said
changes and modifications are administrative or procedural in nature; and
WHEREAS, a copy of this resolution together with the ordinance adopting the 2016
Edition of the California Fire Code shall be filed with the California Building Standards
Commission and the California Department of Housing and Community Development by the
City Clerk of the City of Newport Beach as required by State law (Health and Safety Code
Section 17958.7).
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2016-119
Page 2 of 6
SECTION 1: The City Council does hereby approve the following changes and
modifications to the 2016 Edition of the California Fire Code as recommended by the Fire
Code Official are hereby found to be necessary due to local climatic, geographic, or
topographic conditions:
CALIFORNIA FIRE CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
202 (Definitions)
a, b, c, d, e, f, g, h, i
305 (Ignition Sources)
a, b, c, i
307.4.2.1 (Recreational Beach Fires)
a, b, c, i
308.1.1.1 (Fireplace)
a, e, i
308.1.6.3 (Sky Lantern)
a, b, c, i
320 (Geological Surveys)
d, e, f, g, h
503.2.1 (Dimensions)
a, b, c, d, e, f, g, h
503.2.4 (Turning Radius)
a, b, c, d, e, f, g, h
503.2.5 (Dead Ends)
a, b, c, d, e, f, g, h
503.2.7 (Grade)
a, b, c, d, e, f, g, h
503.4.2 (Policy)
a, b, c, d, e, f, g, h
503.6.1 (Vehicle Access Gates)
a, b, c, d, e, f, g, h
505.1.1 (Premises Identification)
a, b, c, d, e, f, g, h
506.3 (Key Box Contents)
a, b, c, d, e, f, g, h, i
510.1 (Radio Coverage)
a, b, c, d, e, f, g, h
510.2 (Emergency Responder Radio
Coverage in Existing Buildings)
a, b, c, d, e, f, g, h
510.4.2.2 (Technical Criteria)
a, b, c, d, e, f, g, h, i
510.5.1 (Approval Prior to Installation)
a, b, c, d, e, f, g, h
510.5.2 (Minimum Qualification of
Personnel)
a, b, c, d, e, f,g,h
510.5.3 (Acceptance Test Procedure)
a, b, c, d, e, f, g, h
510.6.1 (Testing and Proof of
Compliance)
a, b, c, d, e, f, g, h
Resolution No. 2016-119
Page 3 of 6
511.1 (Building Information)
a, b, c, d, f, h
604.8 (Emergency Power Outlets)
d, e, f
903.2 (Where Required)
a, b, c, d, e, f, g, h, i
903.2.8 (Group R)
a, b, c, d, e, f, g, h, i
903.3 (Installation Requirements)
a, b, c, d, e, f, g, h, i
903.3.1.4 (Alarms)
a, b, c, d, e, f, g, h, i
907.1.6 (System Design)
a, b, c, d, e, f, g, h, i
912.1.1 (Installation)
a, b, c, d, e, f, g, h, i
912.2 (Location)
a, b, c, d, e, f, g, h, i
912.2.1 (Visible Location)
a, b, c, d, e, f, g, h, i
3603.6 (Berthing and Storage)
e, f, g, h
3603.6.1 (Multiple Berthing)
e, f, g, h
3603.6.2 (Permitted Multiple Berthing)
e, f, g, h
3604.1 (General, Piers, Marinas)
e, f, g, h
3604.2 (Standpipes)
e, f, g, h
4901 (Reduction of Brush)
a, b, c, e, i
4902 (Definitions)
a, b, c, e, i
4903 (Maintenance of Fuel)
a, b, c, e, i
4904 (Construction Requirements)
a, b, c, e, i
4905 (Building Construction Features)
a, b, c, e, i
4906 (Hazard Reduction Zone/Map)
a, b, c, e, i
4907 (Use of Equipment in Local
Agency)
a, b, c, e, i
4908 (Restricted Entry to VHFHSZ)
a, b, c, e, i
4909 (Open Flame Devices)
a, b, c, e, i
4910 (Open Fires in Local Agency)
a, b, c, e, i
4911 (Recreational Fires in Local
Agency)
a, b, c, e, i
5003.12 (Outdoor Control Areas)
a, b, c, d, e, f, g, h
Resolution No. 2016-119
Page 4 of 6
5004.1.1 (Maximum Quantity On Site)
a, b, c, d, e, f, g, h
5601.1.2 (Storage of Explosives and
Blasting Agents)
a, b, c, i
5601.1.3 (Fireworks)
a, b, c, i
5601.2.2 (Sale and retail Display)
a, b, c, i
5704.2.11.1 (Underground Storage
Flam.)
a, b, c, i
5706.4 (Bulk Plants or Terminals)
a, b, c, i
B105.2 (Fire -Flow Requirements)
a, b, c, d, e, f, g, h, i
a. The City is located in an area subject to a climatic condition of high winds. This
environment is conducive to rapidly spreading fires. Control of such fires requires
rapid response. Obstacles generated by a strong wind, such as fallen trees,
streetlights and utility poles, will greatly impact the response time to reach an
incident scene.
b. Many areas of Newport Beach have significant growths of vegetation of a highly
combustible nature. Dry climatic conditions can create the potential for the rapid
spread of fire in both vegetation and structures. The addition of fire protection systems
will supplement the Fire Department response by providing immediate protection for
the building occupants and by containing or controlling the spread of fire. Fire
sprinkler systems also provide an efficient use of water for the control and containment
of fires and lessen the environmental impact of water runoff from fire suppression
activities.
C. The City, especially the foothill areas, is geographically located in an area periodically
subject to hot, dry, wind conditions of high velocity. The topographical conditions of
the foothill areas and canyons contained therein can accelerate the periodic high
velocity winds by means of a venturi effect. Accordingly, pursuant to California
Government Code Section 51179 and by City ordinance, the City has designated
these types of areas as Local Agency Very High Fire Hazard Severity Zones. These
zones identify the type of climate, geography, and topography that potentially increase
the possibility of uncontrolled fire spread through vegetative fuels threatening life or
property.
d. The City is located in a seismically active area. There are earthquake faults that
run along both the northeastern and southwestern boundaries of Orange County.
The Newport -Inglewood Fault Zone (NIFZ), which runs through Orange County, was
the source of the destructive 1933 Long Beach earthquake (6.3 magnitude,
hypocenter off Newport Beach coast) that claimed 120 lives and damaged areas
from Laguna Beach to Marina del Rey and inland to Whittier. The NIFZ poses one of
the greatest hazards to lives and property in the nation. Regional planning for
Resolution No. 2016-119
Page 5 of 6
reoccurrence is recommended by the State of California, Department of
Conservation. There was also an earthquake in December 1989, with the epicenter
located near the City of Irvine. The fault on which this quake occurred was unknown
prior to this activity. The City contains hilly areas subject to landslide and coastal
areas subject to liquefaction.
e. The City is located in a seismically active area. The viability of the public water
system would be questionable at best after a major seismic event. This would
leave structures vulnerable to uncontrolled fires due to a lack of available water
and an inability to pump sufficient quantities of available water. A severe seismic
event has the potential to negatively impact any rescue or fire suppression activities
because it is likely to create obstacles similar to those indicated under the high
wind section above.
f. The City is located in a low to moderate tsunami area. These seismic sea waves have
the ability to flood large sections of the low-lying areas. These flood conditions also
impact the response and activity level of the Fire Department.
g. The City contains low-lying coastal areas subject to flooding from sustained rain
with tide which hinders drainage to the bay. Certain other areas such as Balboa
Island are subject to water surges from drainage through the Back Bay. The southern
boundary of the City is along the Pacific Ocean. Winter storms and tropical storms
come into the City from the ocean. These storms can create high winds and large
ocean waves that can cause flooding in areas of the city.
h. Along part of the western boundary of the City is the Santa Ana River. This river
originates in the San Bernardino Mountains and flows through many communities until
it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is
contained in a man-made channel. Heavy rainfall and urban runoff has potential to
cause flooding in the flood plain due to the river and/or its tributaries. West Newport
Beach is subject to flooding from the Santa Ana River.
L Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and the expected
infrastructure damage inherent in a seismic hazard zone, it is prudent to rely on
automatic fire sprinkler systems to mitigate extended Fire Department response time
and keep fires manageable with reduced fire flow (water) requirement for a given
structure.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this resolution. The City Council hereby
declares that it would have passed this resolution, and each section, subsection, sentence,
Resolution No. 2016-119
Page 6 of 6
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution 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 5: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 7th day of November, 2016.
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
s{,
lane B. Dixon
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-118 was duly introduced before and adopted by the City Council of said City at a special meeting
of said Council held on the 71h day of November, 2016, and that the same was so passed and adopted by
the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 8th day of November, 2016.
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Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)