HomeMy WebLinkAbout2019-18 - Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2019 Edition of the California Fire Code, as Set Forth in Title 24, Part 9 of the California Code of Regulations, with Local AmendmentsORDINANCE NO. 2019-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 9
(FIRE CODE) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE 2019 EDITION OF THE
CALIFORNIA FIRE CODE, AS SET FORTH IN TITLE 24,
PART 9 OF THE CALIFORNIA CODE OF REGULATIONS,
WITH LOCAL AMENDMENTS
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property.
The BSC has advised local jurisdictions that the State of California ("State") will adopt the
2019 Edition of the California Fire Code ("CFC");
WHEREAS, the 2019 CFC is based on the 2018 International Fire Code. The CFC
published by the BSC in Title 24, Part 9 of the California Code of Regulations must be in
effect by January 1, 2020. In order to include local amendments and enhance life safety
and property protection, the City must complete its adoption process thirty (30) days prior
to implementation. The adoption of the 2019 CFC into the Newport Beach Municipal
Code ("NBMC") provides for an orderly administration of the 2019 CFC by the City's
Building and Fire Code officials;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2019 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions. In accordance with California
Health and Safety Code Section 17958.7, any modifications made via local ordinance
must be filed, along with the findings thereto, with the BSC. These local changes will be
incorporated into Title 9 of the Newport Beach Municipal Code;
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WHEREAS, to aid in efficiency and clarity, portions of Title 9 are amended in their
entirety as indicated in this ordinance and replaced with each of these modifications to
the State code that are correlated with the findings in Resolution No. 2019-97 adopted by
the City Council of the City of Newport Beach on November 5, 2019. When approved,
the ordinance and accompanying resolution will be forwarded to the BSC and the
California Department of Housing and Community Development in compliance with the
above mentioned code sections;
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute to be known
as the Newport Beach Fire Code;
WHEREAS, all prior references to the former Newport Beach Fire Code shall be
construed to apply to the corresponding provisions of the Newport Beach Fire Code
contained herein; and
WHEREAS, the 2019 Edition of the California Fire Code is similar to the 2016
version; the attached ordinance contains similar provisions as adopted by the City Council
in 2016. Staff has taken the opportunity to review existing amendments in detail and some
modifications are recommended.
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 9.04 of the Newport Beach Municipal Code is deleted in its
entirety and amended to read as follows:
Sections:
Chapter 9.04
FIRE CODE*
9.04.010
Adoption of the 2019 California Fire Code.
9.04.020
Amendment of Section 108.6 Overcrowding.
9.04.030
Amendment of Section 110.4 Violation Penalties.
9.04.040
Amendment of Section 112.4 Failure to Comply.
9.04.050
Amendment to Section 202 Definitions.
9.04.060
Amendment to Section 305 Ignition Sources.
9.04.070
Amendments to Section 307.4.2 Beach, Camp, and
Recreational Fires.
9.04.080
Amendments to Section 308. 1.1 Fireplace.
9.04.090
Amendments to Section 308.1.6.3 Sky Lanterns.
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9.04.100
Addition of Section 321 Geological Surveys.
9.04.110
Amendments to Section 503.2.1 Dimensions.
9.04.120
Amendments to Section 503.2.4 Turning Radius.
9.04.130
Amendments to Section 503.2.5 Dead Ends.
9.04.140
Amendments to Section 503.2.7 Grade.
9.04.150
Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160
Amendments to Section 503.6 Security Gates.
9.04.170
Amendments to Section 505. 1.1 Premises Identification.
9.04.180
Amendments to Section 506 Key Box Contents.
9.04.190
Amendments to Section 510.1 Emergency Responder Radio
Coverage in New Buildings.
9.04.200
Deletion of Section 510.2 Emergency Responder Radio
Coverage in Existing Buildings Design.
9.04.210
Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220
Amendments to Section 510.5.1 Approval Prior to
Installation.
9.04.230
Amendments to Section 510.5.2 Minimum Qualifications of
Personnel.
9.04.240
Amendments to Section 510.5.3 Acceptance Test
Procedure.
9.04.250
Amendments to Section 510.6.1 Testing and Proof of
Compliance.
9.04.260
Addition of Section 511 Building Information.
9.04.270
Amendments to Section 903.2 Where Required.
9.04.280
Amendments to Section 903.2.8 Group R.
9.04.290
Amendments to Section 903.3 Installation Requirements.
9.04.300
Amendments to Section 907.1 General.
9.04.310
Amendments and Additions to Section 912.1 Fire
Department Connections.
9.04.320
Amendments to Section 912.2 Location.
9.04.330
Amendment to Section 1203.1.1 Stationary Generators.
9.04.340
Amendments to Section 3602 Definitions.
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9.04.350
Amendments to Section 3603.6 Berthing and Storage.
9.04.360
Amendments to Section 3604.1 General.
9.04.370
Amendments to Section 3604.2 Standpipes.
9.04.380
Replacement to Chapter 49 Requirements for Wildland-
Urban Interface Fire Areas.
9.04.390
Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400
Amendments to Section 5004.1 Maximum Quantity on Site.
9.04.410
Amendments to Section 5601.1.2 Explosive Material
Terminals.
9.04.420
Amendments to Section 5601.1.3 Fireworks.
9.04.430
Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440
Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450
Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460
Amendments to Appendix B Fire -Flow Requirements for
Buildings.
9.04.470
Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2019 California Fire Code.
City Council adopts and incorporates by reference, those certain codes known as the
"California Fire Code 2019 Edition," and the whole thereof including the matrix adoption
tables for each chapter, and Appendices B, BB, C, CC, E, F, G, I and N therein, errata
issued during and after publishing date, save and except such portions as are hereinafter
deleted, added or amended which shall collectively be known as the "Newport Beach Fire
Code." A certified copy of the California Fire Code shall be kept on file in the Office of the
City Clerk of the City of Newport Beach and open for public inspection.
Section 9.04.020 Amendment of Section 108.6 Overcrowding.
Section 108.6 Overcrowding is amended by adding Section 108.6.1 to read as follows:
108.6.1 Occupant Count. The supervisor of each place of
assembly shall have an effective system to keep count of the
number of occupants present in the assembly area.
Section 9.040.030 Amendment of Section 110.4 Violation Penalties
Section 110.4 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
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110.4 Violation penalties. Persons who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall
erect, install, alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty and liable in accordance
with the Newport Beach Municipal Code.
Section 9.040.040 Amendment of Section 112.4 Failure to Comply.
Section 112.4 is amended to read as follows:
Section 112.4 Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine in accordance with the Newport Beach Municipal Code
Title One 1.04.010 "Violation, Penalties and Enforcement."
Section 9.040.050 Amendment to Section 202 Definitions.
Section 202 is amended to add the following definitions to read as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the
closed end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-
made, where plant materials and natural fuels have been treated, reduced,
or modified to slow the rate and intensity of an advancing wildfire, and to
create an area for firefighters to suppress fire and protect structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be
secured. A dock may be fixed to the shore or fixed on pilings, or may float
in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific
fuel modification zones within a property are subject to fuel modification.
Fuel modification plans show the area and location of all
hardscape/softscape improvements and fuel modifications necessary to
achieve the minimum acceptable level of risk to structures from fires in
combustible vegetation.
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FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel
modification plan that increases the likelihood that a structure will survive a
wildfire, improve the defensible space around the structure for firefighting
activities, and prevents direct flame contact with structures. Vegetation
includes native and ornamental plants, non-native naturalized annual
grasses, and other invasive or naturalized species. Fuel modification
activities can include removal, partial or total replacement of existing plants
with adequately spaced drought -tolerant and fire-resistant species, and
thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the
Fire Chief in which structures directly abut a wildland space on one or more
sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the California
Government Code Section 51179, and by City of Newport Beach ordinance,
which contains the type and condition of vegetation, topography, climate
and structure density which potentially increases the possibility of
uncontrolled fire spread through vegetative fuels threatening life or property.
For the purposes of this code, Local Agency Very High Fire Hazard Severity
Zones shall be considered to be Very High Fire Hazard Severity Zones as
defined in Government Code Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in which
development is essentially nonexistent, except for roads, railroads, power
lines and similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where
improved property intersects with wildland or vegetative fuels.
9.04.060 Amendments to Section 305 Ignition Sources.
Section 305 is amended by adding the following:
305.6 Vegetation. Weeds, grass, vines or other growth that is capable of
being ignited and endangering property, or is located within 10 feet (3.048
m) of a chimney outlet, shall be cut down and removed by the property
owner. Vegetation modification requirements in wildland-urban interface
areas shall be in accordance with Section 4901 et seq. of this code.
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305.7 Clearance of brush or vegetation growth from roadways. The fire
code official is authorized to cause areas within 10 feet (3.048 m) on each
side of portions of highways and private streets which are improved,
designed or ordinarily used for vehicular traffic to be free of flammable
vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used as
ground covers, provided that they do not form a means of readily
transmitting fire.
305.8 Notification and abatement procedures.
305.8.1 Notice. Uncontrolled or high weeds, brush, plant material, fire
hazards, or other items prohibited under this code increase the danger of
fire and thus constitutes a fire hazard. If such condition exists, the fire code
official shall give notice to the owner of record to abate the hazard within
thirty (30) calendar days.
The notice shall state that the property 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.
305.8.2 Commencement of abatement proceedings. Whenever the fire
code official 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 code
official is ordered to take appropriate correction actions based upon those
findings.
305.8.3 Service of notice. The fire code official shall notify the property
owner of affected properties as shown on the latest equalized tax
assessment roll by certified mail, of the specific conditions that constitute a
fire hazard and that the City will take action to abate the fire hazard. Notices
shall be mailed not less than fifteen (15) calendar days prior to the date of
the proposed abatement.
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Failure of any property 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.
305.8.4 Appeal. The property owner may appeal the decision of the fire
code official regarding the fire code official's determination that a fire hazard
exists by sending a written appeal to the fire code official within ten (10)
calendar days of the mailing of the notice. The matter will be heard by the
Building and Fire Board of Appeals as specified in Section 15.80 of the
Newport Beach Municipal Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of
the fire code shall be held before the fire code official or Fire Chief who shall
hear all facts and testimony he/she 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 code official or Fire Chief may impose such conditions
and take such other action, as he/she deems appropriate to carry out the
purpose of the provisions of this chapter. The decision of the fire code
official or Fire Chief shall be final and shall be sent to the property owner
via certified mail to the owner's address on the latest equalized tax
assessment roll within thirty (30) calendar days.
305.8.6 Private property abatement. If any order of the Fire Chief or the
fire code official is made pursuant to this ordinance and 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.
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305.8.7 Emergency private property abatement. When in the opinion of
the fire code official a substandard structure or substandard property is an
immediate hazard to life and property, and the fire code official makes
written findings to the effect that abatement of such a fire hazard requires
immediate action, the fire code official may then cause such work to be done
to the extent necessary to eliminate the hazard. At least twenty-four (24)
hours prior the abatement, the fire code official shall attempt to contact the
property owner to inform the property owner of the work to be done and
request their assistance or immediate voluntary removal of the hazard. After
the work is performed, the fire code official shall post a notice and mail to
the property owner information regarding the nature of the work performed.
Any individual aggrieved by the action of the fire code official under this
section, may appeal the determination of the action to the Fire Chief, except
that the appeal shall be filed within ten (10) calendar days from the date of
mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the
substandard conditions and fire hazards shall become a special
assessment against the property. In 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 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 code official shall notify, in writing, all parties concerned of the
amount of such assessment related to work performed in accordance with
Government Code Section 3877.3.5. The property owner may appeal the
fire code official's assessment by sending a written appeal to the fire code
official within fifteen (15) calendar days of the mailing of the notice. Any
appeal regarding the reasonableness of the assessment of costs shall be
heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid
within thirty (30) calendar days after mailing of such notice or after a
decision has been rendered on any appeal, the property owner shall be
billed. If unpaid, such charges shall be placed as a special assessment on
the tax bill for the property pursuant to the procedures set forth in Section
38773.5 of the Government Code which is incorporated herein by this
reference.
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305.8.9 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.
9.04.070 Amendments to Section 307.4.2 Beach, Camp, and Recreational Fires.
Section 307.4.2 is amended by adding the following:
307.4.2.1 Beach, camp, and recreational fires. No person shall make,
set, or maintain any beach or camp/recreational fire at any beach, park, or
other public place within the City except in areas where proper containers
are provided for such fires by the City and where City signs are plainly
posted indicating such fires are permissible.
9.04.080 Amendments to Section 308.1.1 Fireplace.
Section 308. 1.1 is amended by adding Section 308.1.1.1
Section 308.1.1.1 Fireplace. No fireplace that uses flammable or
combustible liquid as a fuel source shall be allowed inside or outside a
structure, except outside for R3 occupancy is allowed.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns.
Section 308.1.6.3 is amended as follows:
308.1.6.3. Sky lanterns. A person shall not use or release any sky lantern
in the City of Newport Beach.
9.04.100 Addition of Section 321 Geological Surveys.
Section 321 is added as follows:
SECTION 321 GEOLOGICAL SURVEYS
321.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
321.2 Geological surveys. The fire code official may require the submittal
for review and approval of geological studies, evaluations, reports, remedial
recommendations and/or similar documentation from a state -licensed and
department approved individual or firm, on any parcel of land to be
developed which:
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1. Is within 1,000 feet (304.8 m) of a parcel of land that has an active,
inactive, or abandoned oil or gas well operation, petroleum or chemical
refining facility, petroleum or chemical storage;
2. May contain or give off toxic, combustible or flammable liquids, gases,
or vapors; or
3. Modifications to existing systems.
9.04.110 Amendment to Section 503.2.1 Dimensions.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6.1 m) and shall not be less
than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when
the road passes through approved security gates in accordance with
Section 503.6. Roads shall have an unobstructed vertical clearance of not
less than 13 feet 6 inches (4.1 m).
9.04.120 Amendment to Section 503.2.4 Turning Radius.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The turning radius for fire apparatus access
roads shall be not less than 20 feet (6.1 m) inside radius and 40 feet (12.2
m) outside radius.
Exception: Cul-de-sacs with center obstructions may
require larger turning radius as approved by the fire code
official.
9.04.130 Amendment to Section 503.2.5 Dead Ends.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 150
feet (60.96 m) in length shall be provided with an approved cul-de-sac for
turning around fire apparatus without backing up.
9.04.140 Amendment to Section 503.2.7 Grade.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not
exceed ten percent.
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9.04.150 Amendment to Section 503.4.1 Traffic Calming Devices.
Section 503.4.1 is amended to read as follows:
503.4.1 Traffic calming devices. Any traffic calming devices in required
access roadways when approved by the fire code official, shall be in
accordance with the Newport Beach Public Works Department's
Neighborhood Traffic Management Policy.
9.04.160 Amendment to Section 503.6 Security Gates.
Section 503.6 is amended to read as follows:
Vehicle access gates. Vehicle access gates or barriers installed across
fire apparatus access roads shall be in accordance with the City's
Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire
Lanes, Gates, and Barriers. The minimum width of any gate or opening
necessary or required as a point of access shall be not less than 14 feet
(4.27 m) unobstructed width. This minimum width may be increased
depending on the length of the approach.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
Section 505.1 is amended by adding Section 505.1.1 to read as follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall the
numbers be less than six inches (152 mm) in height with a one -inch (25
mm) stroke. Address numbers shall contrast with their background, and
shall be either internally or externally illuminated to be visible at night. All
multi -unit residential and commercial buildings shall have numbers or
addresses place above or immediately adjacent to all doors that allow fire
department access.
9.04.180 Amendments to Section 506 Key Box Contents.
Section 506 is amended by adding Section 506.3 to read as follows:
506.3 Key box contents. When a Key box is required the following types
of keys shall be provided:
A. Keys to locked points of ingress whether on the interior or exterior of the
building.
B. Keys to locked mechanical equipment rooms.
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C. Keys to locked electrical rooms.
D. Keys to elevator controls.
E. Keys to other areas as directed by the fire code official.
9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage in
New Buildings.
Section 510.1 is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new
buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public
safety communication systems of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public
safety communication systems. The emergency responder radio coverage
system shall comply with the requirements of the Orange County Sheriff's
Department, Communications and Technology Division, and where the
functionality of performance requirements in the California Fire Code are
more stringent, this code.
Exceptions:
1. Where it is determined by the fire code official that the radio coverage
system is not needed.
2. In facilities where emergency responder radio coverage is required and
such systems, components, or equipment required could have a negative
impact on the normal operations of that facility, the fire code official shall
have the authority to accept an automatically activated emergency
responder radio coverage system.
This chapter shall not apply to the following:
1. Existing buildings or structures.
2. One and two family dwellings.
3. Elevators.
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4. Structures that are three stories or less without subterranean storage or
parking and that do not exceed 50,000 square feet on any single story.
5. Wood -constructed residential structures four stories or less without
subterranean storage or parking which are not built integral to an above
ground multi -story parking structure.
For structures that are three stories or less in height, that do not exceed
50,000 square feet on any single story, but includes subterranean parking
or storage, this ordinance shall apply only to the subterranean areas.
9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in
Existing Buildings.
Section 510.2 is deleted in its entirety.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
Section 510.4.2.2 is amended to read as follows:
510.4.2.2 Technical criteria. The fire code official shall maintain a
document providing the specific technical information and requirements for
the emergency responder radio coverage system. This document shall
contain, but not be limited to, the various frequencies required, the location
of radio sites, effective radiated power of radio sites, and other supporting
technical information, including:
1. The frequency range supported from the 800MHz Countywide
Communications System shall be 851-824 MHz (base transmitter
frequencies).
2. The frequency range supported from the 800MHz Countywide
Communications System shall be 806-824 MHz (radio field transmit
frequencies).
3. The public safety radio amplification system shall include filters to reject
frequencies below 851 MHz and frequencies above 869 MHz by a minimum
of 35dB.
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4. All system components must be 100 percent compatible with analog and
digital modulations after installation, without adjustments or modifications.
The systems must be capable of encompassing the frequencies stated
herein and capable of future modifications to a frequency range
subsequently established by the jurisdiction.
5. Active devices shall have a minimum of -50 dB 3rd order intermodulation
protection.
6. All active in -building coverage devices shall be FCC Part 90 certified.
9.04.220 Amendment to Section 510.5.1 Approval Prior to Installation.
Section 510.5.1 is amended to read as follows:
510.5.1 Approval prior to installation. Amplification systems capable of
operating on frequencies licensed to any public safety agency by the FCC
shall not be installed without prior plan submittal, coordination, and approval
from the Orange County Sheriff's Department (OCSD) Communications
Division; with a copy provided to the fire and building code official.
9.04.230 Amendments to Section 510.5.2 Minimum Qualifications of
Personnel.
Section 510.5.2 is amended to read as follows:
510.5.2 Minimum qualifications of personnel. The minimum
qualifications of the system designer and lead installation personnel shall
include both the following:
1. A valid FCC -issued general radio operators license.
2. Certification of in -building system training issued by a nationally
recognized organization, school or a certificate issued by the manufacturer
of the equipment being installed.
9.04.240 Amendments to Section 510.5.3 Acceptance Test Procedure.
Section 510.5.3 is amended to read as follows, with all related subsections remaining
unchanged unless specifically modified by this ordinance:
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510.5.3 Acceptance test procedure. When an emergency responder radio
coverage system is required, and upon completion of installation, the
building owner shall have the radio system tested by a qualified FCC
licensed third party technician to ensure that two-way coverage on each
floor of the building is a minimum of 95 percent. The test procedure shall be
conducted as follows:
9.04.250 Amendments to Section 510.6.1 Testing and Proof of
Compliance.
Section 510.6.1 shall be amended as follows:
510.6.1 Testing and proof of compliance. The owner of the building or
their representative shall have the emergency responder radio coverage
system inspected and tested annually or whenever structural changes
occur including additions or remodels that could materially change the
original field performance tests. Testing shall consist of the following:
1. Signal boosters shall be tested to ensure that the gain is the same as it
was upon initial installation and acceptance or set to optimize the
performance of the system. In -building system components shall be tested
to determine general function operability. If noncompliance is found, the
FCC licensed technician will assess improvements necessary and provide
such information to OCSD Communications, and the fire and building code
official.
2. Backup batteries and power supplies shall be tested under load for a
period of 1 hour to verify that they will properly operate during an actual
power outage. If within the 1 -hour test period the battery exhibits symptoms
of failure, the test shall be extended for additional 1 -hour periods until the
integrity of the battery can be determined.
3. All other active components shall be checked to verify operation within
the manufacturer's specifications.
4. At the conclusion of the testing, a certification report, which shall verify
compliance with Section 510.5.3, shall be submitted to OCSD
Communications and the fire and building code official.
Ordinance No. 2019-18
Page 17 of 32
9.04.260 Addition of Section 511.1 BUILDING INFORMATION.
Section 511.1 is added to read as follows:
SECTION 511.1 BUILDING INFORMATION
511.1 Building information. The fire code official is authorized to require
a cabinet for onsite storage of pre -plans and other building information that
is accessible to the fire code official.
9.04.270 Amendments to Section 903.2 Where Required.
Section 903.2 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.2 Where required. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the following locations:
"Building Area" as used in this section shall mean gross building area
enclosed within exterior walls.
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.12, an automatic fire -extinguishing system shall also
be installed in all occupancies when the total building area exceeds 5,000
square feet (465 m2), unless more restrictive requirements are required by
other provisions of the code.
2. Existing buildings: Notwithstanding any applicable provisions of this
code, an automatic sprinkler system shall be provided in an existing building
when any of the following conditions exists:
a. When an addition is 50% or more of the existing building area and the
resulting building area exceeds 5,000 square feet (465 mz),
b. When an additional story is added above the second floor regardless of
fire areas or allowable are.
c. When an addition is added and the existing building is already provided
with an automatic fire sprinkler system.
d. More restrictive requirements are required by other provisions of the
code.
Ordinance No. 2019-18
Page 18 of 32
9.04.280 Amendments to Section 903.2.8 Group R.
Section 903.2.8 Group R is amended to read as follows, with related subsections
remaining unchanged unless expressly modified by this ordinance:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed
throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed
throughout when one of the following conditions exists:
a. An addition when the increase in building size is 2,000 sq. ft. or more
and exceeds 50% of the area of the existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
and not housing bedridden clients, not housing non-ambulatory clients
above the first floor, and not housing clients above the second floor.
2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies
housing only one bedridden client and complying with Section 435.8.3.3 of
the California Building Code.
3. Pursuant to Health and Safety Code, Section 13113, occupancies
housing ambulatory children only, none of whom are mentally ill children or
children with intellectual disabilities, and the buildings or portions thereof in
which such children are housed are not more than two stories in height, and
building or portions thereof housing such children have an automatic fire
alarm system activated by approved smoke detectors.
4. Pursuant to Health and Safety Code, Section 13143.6, occupancies
licensed for protective social care which house ambulatory clients only,
none of whom is a child (under the age of 18 years), or who is elderly (65
years of age or over).
Ordinance No. 2019-18
Page 19 of 32
When not used in accordance with Section 504.2 or 506.3 of the California
Building Code, an automatic sprinkler system installed in accordance with
Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.
An automatic sprinkler system designed in accordance with Section
903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.290 Amendments to Section 903.3 Installation Requirements.
Section 903.3 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance:
903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through
903.3.8 and in accordance with City's Guidelines and Standards F.02
Fire Sprinkler System Design Pressure.
9.04.300 Amendments to Section 907.1 General.
Section 907.1 is amended by adding Section 907.1.6 to read as follows:
907.1.6 System design. No building shall have more than one fire alarm
panel. All fire detection and protection devices shall operate and be
connected to the building fire alarm panel.
Smoke detectors connected to the alarm system shall have a visible
indicator that displays the status of the detector. When a detector is
located in a space above a drop ceiling, an indicating light shall be
provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm
system capable of showing the approximate location of all activating
devices.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
Section 912.1 is amended by adding Section 912.1.1 to read as follows:
Ordinance No. 2019-18
Page 20 of 32
912.1.1 Installation. The size of piping and the number of inlets shall
be approved by the fire code official. All fire department connections
shall be listed assemblies. Fire department inlet connections shall be
painted OSHA safety red unless otherwise approved by the fire code
official. When the fire flow demand of a sprinkler system is 500 gpm or
greater, including the interior hose stream demand if a standpipe system
is installed, four 2 1/2" inlets shall be provided.
9.04.320 Amendment to Section 912.2 Location.
Section 912.2 is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and
landscaping, fire department connections shall be so located that fire
apparatus and hose connected to supply the system will not obstruct
access to the buildings for other fire apparatus. The location of the fire
department connection shall be no more than 100 feet (30.48 m) from a
public hydrant. When possible, the fire department connection shall be
located 30 feet (9.14 m) minimum from beginning of radius for driveway
approach. The location of fire department connections shall be
approved by the fire code official.
9.04.330 Amendment to Section 1203.1.1 Stationary Generators.
Section 1203.1.1 is amended to add Section 1203.1.1.1 to read as follows:
1203.1.1.1 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 1203.2 of the
California Fire Code in every fire control room and in other areas as may be
designated by the fire code office. Emergency outlets shall be placed in the
following locations:
1. In the main exit corridor of each floor adjacent to each exit
enclosure.
2. On every level in every stairwell.
3. In each elevator lobby.
4. In public assembly areas larger than 1,500 square feet.
5. In every fire control room.
Ordinance No. 2019-18
Page 21 of 32
6. In such other areas as may be designated by the fire code
official.
9.04.340 Amendments to Section 3602 Definitions.
Section 3602.1 is amended to add the following:
DOCK.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
Section 3603.6 is amended by adding Sections 3603.6.1 and 3603.6.2 to read as follows:
3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas
shall be arranged such that a vessel occupying a slip can be readily
removed in an emergency without the necessity of moving other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need
of an action plan providing the length of the tender or dinghy does not
exceed the width of the vessel's beam.
2. Vessels with beams of less than 14 feet are permitted to have a
tender or dinghy, up to a maximum of 14 feet in length, tied to the
vessel's stern.
3603.6.2 Permitted multiple berthing. A permit may be issued for
multiple berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An
action plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire.
b. The person is responsible for moving the vessels.
c. Where the vessels will be relocated to after 1800 hours.
d. How employee training and emergency communications are being
provided.
Ordinance No. 2019-18
Page 22 of 32
2. The multiple berthing is necessary for a special event or other
extenuating circumstances and will occur for a limited period of time,
which shall be approved by the fire code official and per City's
Guidelines and Standards A.10 Multiple Berthing and/or Rafting at
Special Events.
9.04.360 Amendment to Section 3604.1 General.
Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving
boatyards, hotels, yacht clubs, boat condominiums, docking facilities
associated with residential condominiums and multiple family
residences with facilities for mooring or servicing vessels, and marine
motor vehicle fuel dispensing stations shall be equipped with fire
protection equipment in accordance with Sections 3604.2 through
3604.6.
9.04.370 Amendment to Section 3604.2 Standpipes.
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or
float is more than 150 feet from a fire apparatus access road, it shall be
equipped with a Class III standpipe system installed in accordance with
NFPA 303 and City's Guidelines and Standards F.01. Fire Protection for
Marinas, Wharfs, and Piers.
9.04.380 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls,
operates, or maintains any parcel of land within a designated Hazard
Reduction Zone or Local Agency Very High Fire Hazard Severity Zone
shall comply with the requirements of this chapter to mitigate the
conditions where vegetative fuels may readily transmit fire to buildings
and threaten to destroy life, overwhelm fire suppression capabilities, or
result in large property losses.
Ordinance No. 2019-18
Page 23 of 32
4901.2 Purpose. The purpose of this code is to provide minimum
vegetative maintenance standards to reduce the severity of exterior
wildlife exposure to buildings, and to decrease the exposure from a
building fire to the wildland-urban interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or
maintaining buildings or structures requiring defensible spaces shall be
responsible for modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local
Agency Very High Fire Hazard Severity Zones located within the City of
Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES,
HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction
Zones, and Local Agency Very High Fire Hazard Severity Zones not in
compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
Ordinance No. 2019-18
Page 24 of 32
4903.2 Fuel Modification Zone. All elements of the fuel modification
zone shall be maintained in accordance with the approved plan and the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard for Developments" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard
Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction
Zone shall be maintained in accordance with the City's Guidelines and
Standards G.01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN
HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of
the California Building Code and other relevant sections of the California
Building Code, all new construction and existing structures that are
increased in size by 2,000 square feet or more and exceed 50% of the
area of the existing structure located on parcels of land within the City
of Newport Beach Hazard Reduction Zone and Local Agency Very High
Fire Hazard Severity Zones shall be built in accordance with the
regulations found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief shall have the authority to designate
all Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone
pursuant to Government Code Section 51179(a).
4904.3 Fuel Modification Requirements for New Construction. All
new structures located on parcels of land which are designated Hazard
Reduction Zones or Local Agency Very High Fire Hazard Severity Zones
shall comply with this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or more
and exceed 50% of the area of the existing structure located on parcels
of land which are designated Hazard Reduction Zones or Local Agency
Very High Fire Hazard Severity Zones shall comply with this section.
Ordinance No. 2019-18
Page 25 of 32
4904.3.2 Plans. Fuel modification plans shall be submitted to and
approved by the fire code official prior to the issuance of a building
permit. The plans shall be developed using the criteria set forth in the
City's Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard" and G.04 "Fuel Modification Plans and
Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if
conditions change. Any alterations to the fuel modification plan shall be
approved by the fire code official.
4904.3.4 Issuance of grading or building permits. No grading permit
or building permit shall be issued for new and qualifying additions to
existing structures prior to approval by the fire code official of the
submitted fuel modification plan as required by this section.
4904.3.5 Street widths. The minimum width of private and public streets
shall not be less than 28 feet (8.53 m). Private streets and driveways
serving no more than three dwellings and not exceeding 150 feet (45.72
m) in length shall not be less than 24 feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the
requirements of Section 7A of the California Building Code shall not be
less than three feet (.915 m) from an adjacent property line. Areas shall
be maintained free of obstructions at all times.
Exception: Refuse cans for residential use.
4905.2 Combustible construction prohibited. No attached or
detached buildings, patio covers, sheds, decks, stairs, or similar
structures shall be built or placed in the 20 foot Zone A setback, as
described in the City's Guidelines and Standards G.02 "Fuel
Modification Plans and Maintenance Standard" unless completely
constructed of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
Ordinance No. 2019-18
Page 26 of 32
4906.1 Map. The Fire Chief shall cause an official map of the Hazard
Reduction Zones to be prepared. The City Council shall adopt by
ordinance a map of the Local Agency Very High Fire Hazard Severity
Zones. These maps shall be reviewed, updated or amended as deemed
necessary.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION
ZONES
4907.1 General. Defensible space will be maintained around all
buildings and structures in State Responsibility Area (SRA) as required
in Public Resources Code 4290 and "SRA Fire Safe Regulations"
California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very -high Fire Hazard Severity
Zones of a Local Responsibility Areas (LRA) shall maintain defensible
space as outlined in Government Code 51175-51189 and any local
ordinance of the authority having jurisdiction.
4907.2 Equipment prohibited without a spark arrestor. Except as
otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining Local Agency Very High Fire
Hazard Severity Zones, any internal combustion engine which uses
hydrocarbon fuel, unless the engine is equipped with a spark arrestor as
defined in Section 4907.4 of the Fire Code and maintained in effective
working order, or the engine is constructed, equipped and maintained
for the prevention of fire pursuant to Section 4907.2 of the fire code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the
exhaust system of engines or vehicles subject to this section shall not
be placed or mounted in such a manner as to allow flames or heat from
the exhaust system to ignite any flammable material.
4907.4 Spark arrestor design. A spark arrestor is a device constructed
of nonflammable material specifically for the purpose of removing and
retaining carbon and other flammable particles over 0.0232 of an inch
(0.58 mm) in size from the exhaust flow of an internal combustion engine
that uses hydrocarbon fuels or which is qualified and rated by the United
States Forest Service.
Ordinance No. 2019-18
Page 27 of 32
4907.5 Spark arrestor exemption for vehicles. Engines used to
provide motor power for trucks, truck tractors, buses, and passenger
vehicles, except motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined in the Vehicle
Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted
gases pass through the rotating turbine wheel, there is no exhaust
bypass to the atmosphere and the turbocharger is in effective
mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY
HIGH FIRE HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce
when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry.
Entry on and occupation of Local Agency Very High Fire Hazard Severity
Zones, except public roadways, inhabited areas or established trails and
camp sites which have not been closed during such time when the Local
Agency Very High Fire Hazard Severity Zone is closed to entry, is
prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very
High Fire Hazard Severity Zones and their invitees and guests going to
or being upon their lands.
2. Entry in the course of duty by peace or police officers, other duly
authorized public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION
ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other
devices, machines or processes liable to start or cause fire shall not be
operated or used in or upon Local Agency Very High Fire Hazard
Severity Zones, except by permit from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet
(914 m) from grass or brush covered areas.
Ordinance No. 2019-18
Page 28 of 32
Flame -employing devices, such as lanterns or kerosene road flares,
shall not be operated or used as a signal or marker in or upon a Local
Agency Very High Fire Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY
VERY HIGH FIRE HAZARD SEVERITY ZONES, AND HAZARD
REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or
maintained in or upon Local Agency Very High Fire Hazard Severity
Zones and Hazard Reduction Zones, except by permit from the fire code
official.
Exception: Fires located within the property boundary of inhabited
premises or designated campsites where such fires are built in a
permanent barbeque, portable barbeque, outdoor fireplace, incinerator
or grill and are a minimum of 30 feet (9.14 m) from grass or brush
covered areas.
Permits shall incorporate such terms and conditions which will
reasonably safeguard public safety and property. Outdoor fires or
burning shall not be conducted in or upon Local Agency Very High Fire
Hazard Severity Zones or in hazard reduction zones under the following
conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts
exceed 25 MPH.
2. When a person age 18 or over is not present at all times to watch and
tend such fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques,
outdoor fireplaces or grills shall not be used for the disposal of rubbish,
trash, or combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY
HIGH FIRE HAZARD SEVERITY ZONES
Ordinance No. 2019-18
Page 29 of 32
4911.1 General. Recreational fires built, installed, or maintained in Local
Agency Very High Fire Hazard Severity Zones or hazard reduction
zones shall only use natural gas or propane fuel. Combustible solid fuels
are prohibited regardless if a spark arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained
in good repair and in a safe condition at all times. Openings in such
appliances shall be provided with an approved spark arrester, screen,
lid, or door.
9.04.390 Amendment to Section 5003.12 Outdoor Control Areas.
Section 5003.12 is amended by adding the following subsection 5 to read as follows:
5. Outdoor control areas shall be protected against tampering or
trespassers by fencing or other control measures as approved by the
fire code official.
9.04.400 Amendment to Section 5004.1 Maximum Quantity on Site.
Section 5004.1 is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on site. No person shall use or store any
amount of Extremely Hazardous Substances (EHS) equal to or greater
than the amounts disclosed as listed in Appendix A, Part 355, Title 40,
of the Code of Federal Regulations in a residential zone or adjacent to
property developed with residential uses, unless approved mitigation
measures are implemented and maintained, as required by the fire code
official.
9.04.410 Amendment to Section 5601.1.2 Explosive Materials Terminals.
Section 5601.1.2 is amended to read as follows:
5601.1.2 Storage of explosives and blasting agents. No person shall
store explosives or blasting agents anywhere in the City of Newport
Beach unless the fire code official has issued a permit authorizing use
and/or storage.
9.04.420 Amendment to Section 5601.1.3 Fireworks.
Section 5601.1.3 is amended to read as follows:
Ordinance No. 2019-18
Page 30 of 32
5601.1.3 Fireworks. No person shall store, use, sell, possess, or handle
fireworks 1.4G, (commonly referred to as "Safe and Sane") and
fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an
electronically fired public display when permitted by the fire code official
and conducted by a licensed pyrotechnic operator.
9.04.430 Amendment to Section 5601.2.2 Sale and Retail Display.
Section 5601.2.2 is amended to read as follows:
5601.2.2 Sale and Retail display: Persons shall not conduct a retail
display nor offer for sale explosives, explosive materials or fireworks
upon highways, sidewalks, public properties, or anywhere in the City of
Newport Beach.
9.04.440 Amendment to Section 5704.2.11 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in
any residential district or any residential area of a planned community
district, as defined in Section 20.14.020 of the Newport Beach
Municipal Code.
9.04.450 Amendment to Section 5706.4 Bulk Plants or Terminals.
Section 5706.4 is amended to read as follows, with related subsections remaining
unchanged unless expressly modified by this ordinance.-
5706.4
rdinance:
5706.4 Bulk plants or terminals. Portions of properties where
flammable and combustible liquids are received by tank vessels,
pipelines, tank cars or tank vehicles and are stored or blended in bulk
for the purpose of distributing such liquids by tank vessels, pipelines,
tank cars, tank vehicles or containers are prohibited within the
boundaries of the City of Newport Beach except as permitted by the fire
code official. Approved installations shall comply with Sections 5706.4.1
through 5706.4.10.4.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
Section B105.2 is amended to read as follows:
Ordinance No. 2019-18
Page 31 of 32
B105.2 Buildings Other Than One -and Two- Family Dwellings,
Group R-3 and R-4 buildings and townhouses. The minimum fire flow
and flow duration for buildings other than one -and two-family dwellings
shall be as specified in Table 8105.1(1).
Exception: A reduction in required fire flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.
The resulting fire flow shall not be less than 1,500 gallons per minute
(5677.5 Umin.) for the prescribed duration as specified in Table
B105.1(2).
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of Newport Beach designates those areas identified in green
on the map attached to the ordinance codified in this section and on file
with the City Clerk as the Local Agency Very High Fire Hazard Severity
Zone for the City in accordance with Section 51179 of the Government
Code.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
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 ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 4: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
Ordinance No. 2019-18
Page 32 of 32
Section 5: Except as expressly modified herein, all other sections, subsections,
terms, clauses and phrases set forth in Title 24, Part 9 (Fire Code) and the Newport Beach
Municipal Code shall remain unchanged and in full force and effect.
Section 20: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance and the City Clerk shall cause the same to be published pursuant to City
Charter Section 414 and California Government Code Section 50022.1 et seq. This
ordinance shall take effect on January 1, 2020 pursuant to California Health and Safety
Code Sections 17958 and 18941 and Government Code Section 36937(e).
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 5th day of November, 2019, and adopted on the 19th day
of November, 2019, by the following vote, to -wit:
AYES: Mayor Dixon, Mayor Pro Tem O'Neill Council Member Avery, Council
Member Brenner, Council Member Duffield Council Member Herdman Council
Member Muldoon
NAYS:
ABSENT:
ATTEST:
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARO C. HARP, CITY ATTORNEY
DIANE B. DIXON, MAYOR
Attachment: Section 9.04.520 Local Agency Very High Fire Hazard Severity Zone Map
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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 ordinance, being Ordinance
No. 2019-18 was duly introduced on the 51h day of November, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 191h day of November, 2019, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 20th day of November, 2019.
V11W41INJI, f1/111/,
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2019-18 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 9, 2019
Adopted Ordinance: November 23, 2019
2019. A—M
In witness whereof, I have hereunto subscribed my name this day of
Leilani I. t3rown, MMC
City Clerk
City of Newport Beach, California