HomeMy WebLinkAbout2007-18 - Amending Title 9 of The Newport Beach Municipal Code to Adopt the 2007 California Fire Code and the 2006 International Fire CodeORDINANCE NO. 2007 -18
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 9 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT THE 2007 CALIFORNIA
FIRE CODE AND THE 2006 INTERNATIONAL FIRE CODE
The City Council of the City of Newport Beach finds as follows:
RECITALS
WHEREAS, Health & Safety Code Section 17958 provides that ordinances and
regulations adopted by the State pursuant to Health & Safety Code Section 17922 shall
apply to the City of Newport Beach 180 days after publication; and
WHEREAS, The Fire Marshal of the State of California has adopted that certain fire
code, entitled "2007 California Fire Code" based upon the 2006 International Fire Code
published by the International Fire Code Institute, which, with certain deletions,
amendments, exceptions, and additions, and including certain appendices, which apply
only to those occupancies regulated by the California State Fire Marshal, has been
copyrighted and published by the California Building Standards Commission; and
WHEREAS, The Newport Beach Fire Chief finds it necessary to also adopt'the 2006
International Fire Code as published and copyrighted by the International Code Council
to apply regulations reasonably necessary to protect the health, welfare and safety of
the residents and visitors of Newport Beach in those occupancies not regulated by the
California State Fire Marshal; and
WHEREAS Health and Safety Code Sections 13143.5, 17958 18941.5 permit the City
to amend, add, or repeal ordinances or regulations which impose the same
requirements as are contained in the ordinances and regulations adopted by the State
of California, if the City Council makes the express findings pursuant to Sections
17958.5 and 17958.7 of the Health and Safety Code.
WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council,
before making any changes or modifications pursuant to Section 17958.5, make
express findings that such changes or modifications are needed due to climatic,
geographic, or topographic conditions; and
WHEREAS, the Fire Chief has recommended that changes and modifications be made
to the Fire Code that are reasonably necessary due to the following local climatic,
geographical, or topographical conditions:
A. The City of Newport Beach 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, may greatly impact the response time to reach an incident scene.
B. The City of Newport Beach is located in the middle of the seismically
active area identified as Seismic Zone 4. The viability of the public water'
system would be questionable at best after a major seismic event. This
would leave tall buildings vulnerable to uncontrolled fires due to a lack of
available water and an inability to pump sufficient quantities of available
water to floors in a fire. 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. With the probability of strong aftershocks there exists a
need to provide increased protection for anyone on upper floors of
buildings.
C. Due to the topographical conditions of sprawling development separated
by waterways and narrow and congested streets and the expected
infrastructure damage inherent in seismic zone described above, 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) requirements for a given structure.
D. The City of Newport Beach has several areas with significant growth of
wildland vegetation of a highly combustible nature that could threaten
structures and the surrounding community. That threat combined with the
potential for high winds described above warrant additional construction
requirements for specific areas that have increased danger should a fire
occur.
THEREFORE, The City Council of the City of Newport Beach DOES ORDAIN as
follows:
SECTION 1. Chapter 9.04 of the Newport Beach Municipal Code is revised and
adopted to read as follows:
Chapter 9.04
FIRE CODE
Code:
9.04.010 Adoption of the 2007 Califomia Fin: Code and the 2006 International
Fire Code
9.04.020 Definitions and Abbreviations - Amendments to Chapter 2
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9.04.030 General Precautions Against Fire — Amendments to Chapter 3
Ask 9.04.040 Fire Service Features — Amendments to Chapter 5
9.04.050 Building Services and Systems — Amendments to Chapter 6
9.04.060 Fire Protection Systems — Amendments to Chapter 9
9.04.070 Hazardous Materials - General Provisions — Amendments to Chapter
27
9.04.080 Explosives and Fireworks — Amendments to Chapter 33
9.04.090 Flammable and Combustible Liquids — Amendments to Chapter 34
9.04.100 California Standards - Referenced Standards — Amendments to
Chapter 45
9.04.110 Administration — Amendments to Appendix Chapter 1
9.04.120 Fire Flow Requirements for Buildings — Amendments to Appendix B
9.04.130 Appendix M —The Fire Code is amended by adding Appendix M
9.04.010 Adoption of the 2007 California Fire Code and the 2006 International
Fire Code
There is hereby adopted by the City and incorporated herein by reference into this
chapter, those certain codes known as the "International Fire Code, 2006 Edition and
the California Fire Code 2007 Edition," and the whole thereof including the Appendices
therein, errata issued during and after publishing date, and the accompanying
International Fire Code Standards, save and except such portions as are hereinafter
C� deleted, added or amended which shall be collectively be known as the "Fire Code."
One (1) certified copy of which is to be on file in the Office of the City Clerk of the City
of Newport Beach and open for public inspection.
9.04.020 Amendments to Chapter 2, "Definitions and Abbreviations" of the 2007
California Fire Code.
Section 202 is amended by adding the definition of "Cul -de -Sac" and deleting definition #2 of
"High Rise Building" and amending it to read as follows:
CUL -DE -SAC is a street, closed at one end, with a circular terminus at the closed end to
allow vehicles to turn around.
HIGH RISE BUILDING. As used in this Code:
A. "Existing high rise structure" means a high rise structure, the construction of which
Is commenced or completed prior to July 1, 1974.
B. "High rise structure" is any building having floors used for occupancy located
more than 55 feet (16,764 mm) above or 40' below the lowest level of fire
department access. Such buildings shall have fire and life safety systems required
by the Building Code for high rise buildings except buildings used as hospitals as
defined in the Health and Safety Code, Section 1250.
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C. "New high rise structure" means a high rise structure, the construction of which Is
commenced on or after July 1, 1974.
9.04.030 Amendments to Chapter 3, "General Precautions Against Fire" of the
2007 California Fire Code
Section 307.1.1 is deleted and amended to read as follows:
Section 307.1.1 — Prohibited open burning and/or recreational fires. Open buming
and /or recreational fires that are offensive or objectionable because of smoke or odor
emissions or when atmospheric conditions or local circumstances make such fires
hazardous shall be prohibited.
Section 307.4.2 is amended by adding Section 307.4.2.1 to read as follows:
Section 307.4.2.1 Beach, Camp, 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.
Chapter 3 is amended to add Sections 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326,
327, 328, 329, 330, and 331 and shall read as follows:
Section 316 Outdoor Heaters.
Section 316.1 Temporary heaters. No person shall place or operate or permit to be
�..� operated, in a commercial occupancy, any temporary heater that uses any flammable or
combustible solids, liquids, or gases without a fire department permit.
Section 316.2 Permanent heaters. No person shall install or operate any permanent
heating appliance without first obtaining a permit and approval from the City of Newport
Beach Building Department. No person shall use compressed flammable gases as fuel
for permanent heating appliances.
Section 317 Geological Surveys. Development on or near land containing or
emitting toxic, combustible or flammable liquids, gases, or vapors.
Section 317.1 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 firth, on any parcel of land to be developed which:
A. Has, or is adjacent to, or 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; or
B. May contain or give off toxic, combustible or flammable liquids, gases, or vapors
Section 318 Clearance of brush or vegetation growth from structures.
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Section 318.1 General. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within or adjacent to a designated Special Fire Protection
Area(s) or Very High Fire Hazard Severity Zone shall comply with the requirements of
Fire Code Section 318 to maintain a defensible space to protect structures within
Special Fire Protection Area(s).
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 parcels of land within the City of Newport Beach Special
Fire Protection Areas which directly abut wildland space or a designated Fuel
Modification Zone on one or more sides.
Section 318.2 Definition.
DEFENSIBLE SPACE: Defensible space is an area either natural or man -made, where
plant materials and natural fuels have been treated, cleared, or modified to slow the rate
and intensity of an advancing wildfire, and to create an area for firefighters to suppress
the fire and save structure(s).
Section 318.3 Maintenance of Defensible Space.
Section 318.3.1 Trees. All trees located within 100 feet (30.48 m) of any portion of a
structure shall comply with the following guidelines: (For Fuel Modification Zones: all
trees located between a structure and the edge of the "A" Zone proximal to the
- structure) :
A. Existing trees are not required to have a separation of tree canopies but
shall be maintained free of all dead or dying foliage.
B. The selection of any new trees shall be made from the fire resistive plant
list, and the trees shall be planted such that mature canopies shall have
a minimum separation of ten feet (3.048 m). For the purposes of this
document branch tip to branch tip is synonymous with the term canopy to
canopy.
C. Trees shall be maintained free of dead wood and foliage, and all dead
trees shall be removed.
D. Where shrubs and bushes located within the drip line of a tree, the lowest
tree branch shall be at least three times as high as the shrub and /or
bush. This process will remove the potential for fires to spread from
lower shrubs and bushes to higher trees and structures.
E. Trees extending to within five feet of any structure shall be pruned to
maintain a minimum clearance of five feet.
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Section 318.3.2 Shrubs and Bushes. All shrubs and bushes located within 100 feet
(30.48 m) of any portion of a building shall comply with the following guidelines: (For
Fuel Modification Zones: All shrubs and bushes located between a structure and the
edge of the "A" Zone proximal to the structure):
A. All dead and dying growth shall be removed from shrubs and bushes.
B. All shrubs and bushes not on the fire resistive plant list shall have a
minimum separation of ten feet apart branch tip to branch tip.
C. One to three shrubs and bushes together in a small group can be
considered a single bush if properly maintained.
D. All shrubs and buses that are listed on the fire resistive plant list need not
be separated if property maintained as determined by the fire code
official.
E. For the purpose of firefighter entrance and egress, a minimum of three
feet of access shall be provided along both sides of any structure.
Section 318.3.3 Ground Cover. All ground cover located within 100 feet (30.48 m) of
any portion of a structure shall comply with the following guidelines: (For Fuel
Modification Zones: All ground cover located between a structure and the edge of the
"A" Zone proximal to the structure):
A. Ground cover that is property planted, irrigated, and maintained is
permitted within the defensible space.
B. Non - planted areas may be covered with a maximum of five inches (127
mm) of chipped biomass or its equivalent.
C. All ground cover that is either dead and/or dying shall be removed.
Section 318.3.4 Firewood. Firewood and combustible material for consumption on the
premises shall not be stored in unenclosed spaces beneath buildings or structures, on
decks or under eaves, canopies of other projections or overhangs. Storage of firewood
and combustible material in the defensible space shall be located a minimum of 15 feet
(4.57 m) from any structure and separated from the drip lines of trees and shrubs by a
minimum of 15 feet (4.57 m).
Section 318.3.5 Roofs. All roofs of structures in designated wildland fire hazard areas
shall comply with the following guidelines:
A. Leaves, needles, twigs, and other combustible matter shall be removed
from roofs and rain gutters.
B. Any portion of any tree, bush or shrub, which is located within ten feet of
the outlet of a chimney, shall be removed.
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C. All chimneys attached to any appliance or fireplace that bums solid fuel
shall be equipped with an approved spark arrester constructed in
accordance with the California Building Code.
Nothing contained in this section shall be deemed to preclude the fire code official from
requiring more than the minimum specific requirements set forth above when the fire
code official determines that conditions exist, which necessitate greater fire protection
measures.
Section 319 Maintenance of Fuel Modification Zones.
Section 319.1 All elements of the fuel modification plan shall be maintained in
accordance with the approved plan. Fuel modification zones not in compliance with
their fuel modification plan constitute a fire hazard.
Section 320 Construction Requirements for Structures Adjacent to Special Fire
Protection Areas.
Section 320.1 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, re- construction and additions to structures located on parcels of land
adjacent to the City of Newport Beach Special Fire Protection Areas, which directly abut
wildland space or a designated fuel modification zone on one or more sides shall be
built in accordance with the regulations found in Section 320 of the Fire Code.
Exceptions:
A. Additions of less than 50% of the square footage of the existing structure are
not required to comply with the requirements for automatic fire sprinklers
found in Section 320.7.1, unless automatic fire sprinklers are required by
other sections of this code, or unless the existing structure is already
equipped with automatic fire sprinklers.
B. One story detached accessory buildings used as tool and storage sheds,
playhouses and similar uses may be exempt from the requirements of this
section provided all the following are met: (a) the accessory building floor
area does not exceed 120 square feet, (b) the accessory building is not
located less than 5 feet from all property lines and not less than 10 feet from
other structures, and (c) the backyard complies with and is maintained in
accordance with Zone A requirements for "fuel modification zones".
Section 320.2 Definitions. For the purpose of this section, certain terms are
defined as follows:
EXPOSED SIDE: The exposed side of the structure is defined as the exterior wall or
walls which face adjoining wildland space or a designated fuel modification zone.
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RECONSTRUCTION: Any building undergoing construction within any 2 -year period, in
which the floor area of reconstruction is 50 percent or more prior to the submittal of a
building permit application, shall comply with the Building and Fire Code provisions for
new construction.
SPECIAL FIRE PROTECTION AREA: Any geographical area, designated by the Fire
Chief, in which structures directly abut wildland space or a fuel modification zone on one
or more sides. Special Fire Protection Areas include, but are not limited to, Very High
Fire Hazard Severity Zones.
UNENCLOSED STRUCTURE: Includes structures with a roof and no more than one
side enclosed.
VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in
accordance with the California Government Code, Section 51178, which contains the
type and condition of vegetation, topography weather and structure density which
potentially increases the possibility of wildland conflagration fires.
Section 320.3 Authority. The Fire Chief shall have the authority to designate all
Special Fire Protection Areas.
Section 320.4. Fuel Modification Requirements for New Construction. All new and
reconstructed structures located on parcels of land adjacent to the City of Newport
Beach Special Fire Protection Area, which directly abut wildland space or a designated
Fuel Modification Zone on one or more sides shall comply with this section.
320.4.1 Plans. Fuel modification plans shall be submitted to and approved by the fire
code official prior to the issuance of a grading permit. The plans shall be developed
using the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan
Guidelines for Wildland Fire Hazard Areas.
320.4.2 Maintenance. All elements of the approved fuel modification plan shall be
maintained in accordance with the approved plan.
320.4.3 Akerations. 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.
Section 320.5 Issuance of Grading or Building Permits. No grading permit or, if no
grading permit is to be issued, no building permit for new and reconstructed structures,
shall be issued prior to the submittal to and approval by the Fire Department of vicinity
and fuel modification plans as required by this section.
Section 320.6 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.
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Section 320.7 Building Construction Features.
Section 320.7.1 Automatic Fire Extinguishing Systems. All new and reconstructed
structures located adjacent to Special Fire Protection Areas shall be equipped with an
approved automatic fire sprinkler system.
Exceptions:
A. Decks, balconies, private garages or carports used exclusively for parking,
500 square feet or less where the existing structure on the same property is
not provided with an automatic fire extinguishing system.
B. Open trellis, open patio covers, open shade structures and similar structures
without roofs.
Section 320.7.2 Proximity to Property Lines. New and reconstructed structures shall
be not less than five feet (1524 mm) from an adjacent property line.
Exception: Exterior walls with no openings facing adjoining property are
exempt from the requirements of this section provided the exterior side of
the wall is constructed of ignition resistant material, one hour fire
resistant or heavy timber construction.
Section 320.7.3 Roofing. New and re- roofing shall be in accordance with the Califomia
( Building Code Chapter 7A and the City of Newport Beach Municipal Code Chapter 15.
\ Section 320.7.4 Skylights. Skylights shall have a noncombustible frame glazed with
dual glazing of heat strengthened or fully tempered glass or shall be a three - fourths
hour fire resistive assembly.
Section 320.7.5 Attic Ventilation Openings. Attic ventilation shall be in accordance
with the Califomia Building Code, Chapter 7A.
Exception: Attic ventilation openings are prohibited on the exposed
side(s) of the structure.
Section 320.7.6 Eave Protection. Eaves, comices, soffits and similar architectural
features shall be in accordance with the provisions for eave protection in the Califomia
Building Code, Chapter 7A.
Exception: Eaves, cornices, soffits and similar architectural features on
the exposed side(s) shall be of ignition resistant, one hour, or heavy
timber construction.
Section 320.7.7 Exterior Walls. Exterior walls shall be in accordance with the
California Building Code, Chapter 7A.
Exceptions:
A. Wall ventilations openings are prohibited on the exposed
side(s) of exterior walls and foundations.
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B. Access doors shall be in accordance with the provisions for exterior
door assemblies in accordance with the California Building Code,
Chapter 7A.
Section 320.7.8 Decking, Floors and Under Floor Protection: Decking, floors and
under floor protection shall be in accordance with the California Building Code, Chapter
7A.
Section 320.7.9 Ancillary Buildings and Structures: Ancillary buildings and
structures shall be in accordance with Section 320 of the Fire Code and the California
Building Code, Chapter 7A.
Section 320.7.9.1 Unenclosed Attached or Detached Ancillary Buildings and
Structures Located on the Exposed Side(s). Unenclosed attached or detached
ancillary buildings and structures located on the exposed side shall be constructed of
ignition resistant materials or of one hour fire resistive, non - combustible or heavy timber
construction. Roof construction shall be in accordance with Section 320.7.3 of the Fire
Code.
Section 320.7.9.2 Open Trellis, Open Patio Covers, Open Shade Structures and
Similar Structures Without Roofs, Located on the Exposed Side(s). In lieu of heavy
timber construction, open trellis, open patio covers, open shade structures and similar
structures may be constructed with wood columns not less than 4 inches (102 mm) in
any dimension; wood beams and /or joists not less than 4 inches (54 mm) in width and 6
inches (152 mm) in depth spaced no closer than 24 inches (610 mm) clear; and wood
- roofing no less than 2 inches (51 mm) in thickness placed on end spaced no closer than
6 inches (152 mm) clear.
Section 321 Exclusions From Special Fire Protection Areas.
Section 321.1 General. Properties adjoining designated Special Fire Protection Areas
may be excluded from the area upon written request and a finding by the Fire Chief that
the application of the requirements in Section 320 of the Fire Code are no longer
necessary for effective fire protection to the area. For the purposes of this section,
adjoining means the first row of buildings bordering a special fire protection area.
Section 321.2 Petitions for Exclusion. The Fire Chief may consider an exclusion or a
conditional exclusion by the following means:
A. The legal or equitable owner of the property petitions the Fire Chief to have
that property excluded from the Special Fire Protection AreaNery High Fire
Hazard Severity Zone and the requirements of this Chapter.
B. The Fire Chief makes a finding, supported by substantial evidence in the
record, that the requirements of this Chapter are not necessary for effective
fire protection within the area to be excluded.
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C. The Fire Chief makes a finding, supported by substantial evidence in the
record, that, as a result of its location or through required compliance with
the provisions of any applicable Fuel Modification Zone Guidelines in effect
for the area, the area will no longer be in, upon, or adjoining a Special Fire
Protection Area.
D. The Fire Chief may impose such conditions on the removal of properties from
the Special Fire Protection Area/Very High Fire Hazard Severity Zones as
may be required for the Fire Chief to make these findings.
Section 321.3. All construction within a tract, which is to be removed from a Special
Fire Protection Area shall have Class A roof assemblies.
Section 322 Amendments to Special Fire Protection Areas / Very High Fire
Hazard Severity Zone Map.
322.1 The Fire Chief shall cause an official map of the Special Fire Protection
AreaNery High Fire Hazard Severity Zones to be prepared. The map shall be reviewed
and updated on a three -year basis or more frequently as deemed necessary. When a
property is excluded from a Special Fire Protection Area/Very High Fire Hazard Severity
Zone or added to a Special Fire Protection Area/Very High Fire Hazard Severity Zone,
the Fire Chief shall cause the Special Fire Protection Area/Very High Fire Hazard
Severity Zone map to be amended to reflect such exclusion or addition.
Section 323 Use of Equipment in Special Fire Protection Areas.
Section 323.1 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 any hazardous fire area any internal combustion engine
which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as
defined in Section 323.3 of the Fire Code maintained in effective working order, or the
engine is constructed, equipped and maintained for the prevention of fire pursuant to
Section 323.4 of the Fire Code.
Section 323.2 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.
Section 323.3 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.
Section 323.4 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.
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Turbocharged engines are not subject to this section if all exhausted gases pass
Ask through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and
the turbocharger is in effective mechanical condition.
Section 324 Restricted Entry to Hazardous Fire Areas.
Section 324.1 General. The Fire Chief shall determine and publicly announce when
hazardous fire areas shall be closed to entry and when such areas shall again be
opened to entry. Entry on and occupation of hazardous fire areas, except public
roadways, inhabited areas or established trails and camp sites which have not been
closed during such time when the hazardous fire area is closed to entry, is prohibited.
Exceptions:
A. Residents and owners of private property within hazardous fire areas
and their invitees and guests going to or being upon their lands.
B. Entry, in the course of duty, by peace or police officers, and other
duly authorized public officers, members of a fire department and
members of the United States Forest Service.
Section 325 Trespassing on Posted Property.
Section 325.1 General. When the fire code official determines that a specific area
within a hazardous fire area presents an exceptional and continuing fire danger because
of the density of natural growth, difficulty of terrain, proximity to structures or
accessibility to the public, such areas shall be closed until changed conditions warrant
termination of closure. Such areas shall be posted as hereinafter provided.
Section 325.2 Signs. Approved signs prohibiting entry by unauthorized persons and
referring to applicable fire code chapters shall be placed on every closed area.
Section 325.3 Trespassing. Entering and remaining within areas closed and posted
is prohibited.
Exception: Owners and occupiers of private or public property within closed
and posted areas, their guests or invitees, and local, state and
federal public officers and their authorized agents acting in the course of duty.
Section 326 Explosives and Blasting in Hazardous Fire Areas.
Section 326.1 General. Explosives shall not be possessed, kept, stored, sold, offered
for sale, given away, used, discharged, transported or disposed of within hazardous fire
areas except by permit from the fire code official.
Section 327 Open Flame Devices in Hazardous Fire Areas.
Section 327.1 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 hazardous fire areas, except by permit from the fire code official.
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Exception: Use within habited premises or designated campsites which are a
Am minimum of 30 feet (9144 mm) from grass -, grain -, brush- or forest - covered
IM areas.
Flame- employing devices, such as lanterns or kerosene road flares, shall not be
operated or used as a signal or marker in or upon hazardous fire areas.
Exception: The proper use of fusees at the scenes of emergencies.
Section 328 Outdoor Fires in Hazardous Fire Areas.
Section 328.1 General. Outdoor fires shall not be built, ignited or maintained in or
upon hazardous fire areas, except by permit from the fire code official.
Exception: Outdoor fires within habited premises or designated campsites
where such fires are built in a permanent barbecue, portable barbecue, outdoor
fireplace, incinerator or grill and are a minimum of 30 feet (9144 mm) from a
grass -, grain -, brush- or forest - covered area.
Permits shall incorporate such terms and conditions which will reasonably safeguard
public safety and property. Outdoor fires shall not be built, ignited or maintained in or
upon hazardous fire areas under the following conditions:
(� A. When high winds are blowing,
` B. When a person age 18 or over is not present at all times to watch and
tend such fire, or
C. When public announcement is made that open burning is prohibited.
Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used
for the disposal of rubbish, trash or combustible waste material.
Section 329 Incinerators and Fireplaces in Special Fire Protection Areas.
329.1 General. Incinerators, outdoor fireplaces, permanent barbecues and grills shall
not be built, installed or maintained in Special Fire Protection Areas without prior
approval of the fire code official.
Incinerators, outdoor fireplaces, permanent barbecues 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 or door.
Exception: When approved, unprotected openings in barbecues and grills
necessary for proper functioning.
Section 330 Clearance of Brush or Vegetation Growth from Roadways.
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Section 330.1 Clearance of Brush or Vegetation Growth from Roadways. The fire
code official is authorized to cause areas within 10 feet (3048 mm) on each side of
portions of highways and private streets which are improved, designed or ordinarily used
for vehicular traffic to be cleared of flammable vegetation and other combustible growth.
The fire code official is authorized to enter upon to do so.
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.
Section 331 Notification and Abatement Procedures.
Section 331.1 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 30 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.
{ ..` Section 331.2 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.
Section 331.3 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.
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.
Section 331.4 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.
14
Section 331.5 Abatement Hearing Procedure. All hearings under Chapter 3 of the
Fin: Code shall be held before the fin: 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 swom 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.
Section 331.6 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.
Section 331.7 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 (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
l 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.
Section 331.8 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 Newport Beach Fire Department and other 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.
16
If the total assessment determined as provided for in this section is not paid within thirty
(30) 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.
Section 331.9 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.
9.40.040 Amendments to Chapter 5, "Fire Service Features" of the 2007
California Fire Code.
Section 503.1.1. Section 503.1.1, exception # 1 is deleted and amended to read as follows:
Exception: The building is equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1.
Section 503.2.1. Section 503.2.1 is deleted and amended to read as follows:
Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet (6096 mm) 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 (4115 mm).
Section 503.2.4. Section 503.2.4 is deleted and amended to read as follows:
Section 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 (12.19 m) outside radius.
Exception: Cul -de -sacs with center obstructions will require larger turning radii as
approved by the fire code official.
Section 503.2.5. Section 503.2.5 is deleted and amended to read as follows:
Section 503.2.5 Dead Ends. Dead end fire apparatus access roads in excess of 150 feet
(45.720 mm) in length shall be provided with an approved cul-de -sac for turning around
fire apparatus without backing up.
Section 503.2.7. Section 503.2.7 is deleted and amended to read as follows:
Section 5032.7 Grade. The gradient for a fire apparatus access road shall not exceed
ten percent.
16
Section 503.6. Section 503.6 is deleted and amended to read as follows:
Section 503.6 Entrance Gates /Chains. All emergency vehicle access gates, private
gated communities, chains across fire lanes, and gates that provide access to the beach
and/or wildland areas, shall have a lock approved by the Newport Beach Fire
Department. Where gates are electrically operated an approved key switch and an
approved remote opening device shall be installed and maintained operational at all
times or locked in the open position until operational.
Section 503.6. Section 503.6 is amended by adding Section 503.6.1 to read as follows:
Section 503.6.1 Vehicle Access Gates. Vehicle access gates or barriers installed
across streets shall be in accordance with the Newport Beach Fire Department
Guidelines. 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.
Section 503. Section 503 is amended by adding Sections 503.7 and 503.8 to read as follows:
Section 503.7 Speed Bumps. Speed bumps are prohibited.
Section 503.8. Obstructions. Any obstructions in required fire access roadways such as
.,� speed humps or other traffic calming measures, when approved by the fire code official,
shall be in accordance with the Newport Beach Public Works Department's Neighborhood
Traffic Management Guidelines.
Section 505.1. Section 505.1 is deleted and amended to read as follows:
Section 505.1 Premises Identification. Approved numbers or addresses shall be placed
on all new and existing buildings in such a position that is plainly visible and legible from
the street or road fronting the property. Said numbers shall be of non - combustible
materials, shall contrast with their background, and shall be either intemally or externally
illuminated to be visible at night. All multi -unit residential and commercial buildings shall
have numbers or addresses placed above or immediately adjacent to all doors that would
allow fire department access in an emergency situation. In no case shall the numbers be
less than four inches (102 mm) in height for residential and six inches (152 mm) in height
for commercial with a one inch (25 mm) stroke.
Multiple residential and commercial units having entrance doors not visible from the street
or road shall, in addition, have approved numbers grouped for all units within each
structure and positioned to be plainly visible from the street or road. Said numbers may be
grouped on the wall of the structure or on a substantial mounting post independent of the
structure. Illumination shall be provided as required bythe City.
Section 506.1. Section 506.1 is amended by adding Section 506.1.2 to read as follows:
Section 506.1.2 Key Box Contents. When a Key box is required it shall contain two sets of
the following:
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A. Keys to locked points of ingress whether on the interior or exterior of the
building.
B. Keys to locked mechanical equipment rooms.
C. Keys to locked electrical rooms.
D. Keys to elevator controls.
E. Keys to other areas as directed by the fire code official.
Chapter 5. Chapter 5 is amended by adding Section 511 to read as follows:
Section 511 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 official.
9.04.050 Amendments to Chapter 6, "Building Services and Systems" of the
2007 California Fire Code.
Section 603.6. Section 603.6 is amended by adding Section 603.6.6 to read as follows:
Section 603.6.6 Spark Arrester. All structures having any chimney, flue, or stovepipe
attached to any fireplace, stove, barbecue, or other solid or liquid fuel burning equipment
or device shall have the chimney, flue, or stovepipe equipped with an approved spark
arrester as per the California Building Code. All incinerator chimneys shall terminate in a
substantially constructed spark arrestor having an iron, heavy wire mesh not exceeding'/
^ j inch (12.5mm).
Section 604. Section 604 is amended by adding Section 604.2.16.2.2 to read as follows
Section 604.2.16.2.2 Emergency Power. Provide and install electrical outlets (120
volt, duplex) that are connected to the emergency generator circuitry/system when
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. Outlets
shall be RED in color.
Chapter 6. Chapter 6 is amended by adding Section 610, 610.1 and 610.2 to read as follows:
Section 610 Breathing Air Replenishment System
Section 610.1 General. Breathing air replenishment systems shall be installed in
accordance with the requirements of Section 610.
M
610.2 Air Replenishment Systems. All high rise buildings having floors used for human
occupancy located more that fifty five (55) feet above the lowest level of fire department
vehicular or personnel access (as determined by the fire code official), or located forty
(40) feet below the level of fire department vehicular or personnel access (as
determined by the fire code official) shall be equipped with an approved breathing air
replenishment system (BARS) for firefighters. The system shall 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
location of refill stations, installation of the system and maintenance of the BARS shall
be in accordance with the Newport Beach Fire Department Standards.
9.04.060 Amendments to Chapter 9, "Fire Protection Systems" of the 2007
California Fire Code
Section 903.2. Section 903.2 is deleted and amended to read as follows:
Section 903.2 Where Required. Notwithstanding any applicable provisions of this code,
an automatic fire extinguishing system shall be installed in all occupancies when the
total floor area of a building, regardless of area separation walls or allowable area,
exceeds 5,000 square feet (464.52 m2).
For R -3 occupancies the floor area is the area included within the surrounding exterior
(� walls of a building or portion thereof, exclusive of vent shafts and courts.
Exceptions: The elimination of sprinkler protection in the following areas is
subject to approval of the fire code official.
A. Spaces or areas in telecommunications buildings used exclusively for
telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided those spaces or areas
are equipped throughout with an automatic fire alarm system and are
separated from the remainder of the building by fire barriers consisting of not
less than one hour fire resistance -rated walls and 2 —hour fire resistance -
rated floor /ceiling assemblies.
B. Automatic fire sprinkler protection for fixed guide way transit
systems shall be as per Section 903.2.17.
Section 903.2. Section 903.2 is amended by adding Section 903.2.18 to read as follows:
Section 903.2.18 Existing structures previously less than 5,000 square feet
(464.52 m2). In all existing structures not equipped with an automatic fire extinguishing
system, when additions cause the structure to exceed 5,000 square feet (464.52 m2) the
following provisions apply
A. When such additions are 25% or less than the original building square
footage, the existing structure, and the addition need not be equipped with an
automatic sprinkler system.
19
B. When such additions exceed 25% but are less than 50% of the original
building square footage, the addition shall be equipped with an automatic
sprinkler system.
C. When such additions are 50% or more of the original building square
footage, the entire structure shall be equipped with an automatic sprinkler
system throughout.
Section 903.2. Section 903.2 is amended by adding Section 903.2.19 to read as follows:
Section 903.2.19 Existing structures more than 5,000 square feet (464.52 m2). In
all existing structures not equipped with an automatic fire extinguishing system that
exceed 5,000 square feet (464.52 m2), the following provisions shall apply:
A. When additions are 1,250 square feet (116.13 m2) or less, the existing
structure and the addition need not be equipped with an automatic sprinkler
system.
B. When additions exceed 1,250 square feet (116.13 m2) but are less than
2,500 square feet (232.26 m2), the addition shall be equipped with an
automatic sprinkler system.
C. When additions are 2,500 square feet (232.26 m2) or more, the entire
structure shall be equipped with an automatic sprinkler system throughout.
In partially sprinklered buildings, sprinklered areas shall be separated from non -
sprinklered areas. Such separation shall not be less than that required for a one -hour
occupancy separation.
Exception: Group R, Division 3 and Group U occupancies.
Section 903.2. Section 903.2 is amended by adding Section 903.2.20 to read as follows:
Section 903.2.20 Buildings more than 40 feet (12,192 mm). Automatic fire sprinklers
shall be installed in all occupancies having floors used for human occupancy located
more than 40 feet (12,192 mm) above or below the lowest level of Fire Department
vehicle access, as determined by the fire code official.
Section 903.3.1.2. Section 903.3.1.2 NFPA 13R Sprinkler Systems is amended by adding
Sections 903.3.1.2.1 and 903.3.1.2.2 to read as follows:
Section 903.3.1.2.1 Alarms. Local waterflow alarms shall be provided on all sprinkler
systems and shall be connected to the building fire alarm or water -flow monitoring
system where provided. A minimum of one approved interior alarm device in each unit
shall be provided. Sound levels in all sleeping areas shall be minimum of 15 dBA above
the average ambient sound or a minimum of 75 dBA with all intervening doors closed.
Alarms shall be audible within all other living areas within each dwelling unit. When not
connected to a fire alarm or water -flow monitoring system, audible devices shall be
powered from an uninterruptible circuit (except for over current protection) serving
normally operated appliances in the residence.
20
There shall also be a minimum of one exterior alarm indicating device, listed for outside
service and audible from the access roadway that serves that building.
Section 903.3.1.2.2 Permissible Omissions. Sprinklers may be omitted from
penthouse equipment rooms, crawl spaces, floor ceiling spaces, elevator shafts, and
other concealed spaces that are not intended for living purposes or storage. Sprinklers
may also be omitted from attics, which are not located over dwelling units. When attics
are separated by unit, each unit's attic space may be protected per the NBFD amended
NFPA 13D section on head locations in attics of single family homes. All other attics
shall be protected per NFPA 13.
Section 903.3.1.3. Section 903.3.1.3 NFPA 13D Sprinkler Systems is amended by adding
Sections 903.3.1.3.1, 903.3.1.3.2, 903.3.1.3.3 to read as follows:
Section 903.3.1.3.1 Valves. The sprinkler system piping shall not be provided with its own
control valve.
Section 903.3.1.3.2 Exterior and Interior Alarms. Exterior alarm indicating device
shall be listed for outside service and audible from the street from which the house is
addressed. Exterior audible devices shall be placed on the front or side of the structure
and the location subject to final approval by the fire code official.
Additional interior alarm devices shall be required to provide audibility throughout the
structure. Sound levels in all sleeping areas with all intervening doors closed shall be a
minimum of 15 dBA above the average ambient sound level but not less than 75 dBA.
Audible devices shall be powered from an uninterruptible circuit (except for over - current
protection) serving normally operated appliances in the residence.
Exceptions:
A. When an approved water flow monitoring system is installed, interior audible
devices may be powered through the CSFM listed fire alarm control panel.
B. When smoke detectors specified under CBC are used to sound an alarm
upon waterflow switch activation.
Section 903.3.1.3.3 Ancillary Buildings and Structures. Sprinklers may be omitted
from open attached porches, open trellis, open shade covers and similar open
structures when approved by the fire code official. Attached garages and carports shall
be protected with listed quick response fire sprinklers spaced to protect a maximum
area of 130 square feet (12.08 m2). The diameter of the main or cross -main piping
serving the lines in the garage shall be equal to the largest diameter piping on any main
or cross main within the system.
All attics shall be protected with intermediate temperature quick response heads which
shall be located to protect attic penetrations created by access scuttles or mechanical
equipment.
Section 903.3.1. Section 903.3.1 is amended by adding Section 903.3.1.4 to read as
follows:
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Section 903.3.1.4 System Design. Shall be in accordance with Newport Beach Fire
Department Guideline # F.02 Fire Sprinkler System Design Pressure.
Section 905.4. Section 905.4 is amended by adding # 7 to read as follows:
Every new building with any exterior wall dimension greater than 300 feet
(91.440 mm) in any horizontal direction shall be provided with access doors and 2.5°
fire hose outlets so that all portions of the building can be reached with 150 feet
(45.720) of hose from an access door. Required access doors shall be located on
the exterior of the building and shall be accessible without the use of a ladder. The
door dimensions shall not be less than 3 feet (914 mm) in width and not less than 6
feet 8 inches (2032 mm) in height.
Section 907.1. Section 907.1 is amended by adding section 907.1.5 to read as follows:
907.1.5 System Design. No building shall have more than one fire alarm panel. Ail 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, the indicating light shall be located at a location designated by the fire code
official.
Section 907.2.12. Section 907.2.12 is amended to read as follows:
Section 907.2.12 High -Rise Building. All occupancies having floors used for human
occupancy located more than 55 feet (16,764 mm) above or 40' below the lowest level of
fire department vehicle access as determined by the fire code official, shall be provided
with an automatic fire alarm system and a communication system in accordance with
907.2.12.2. All fire protection devices shall be connected to, and operate with the main
building fire alarm panel. No building shall have more than one fire alarm panel.
Section 907.11. Section 907.11 is amended by adding section 907.11.1 to read as follows:
907.11.1 Door Release Service. All doors within interior service corridors of commercial
occupancies shall be equipped with automatic closing devices released by smoke
detectors or smoke detection systems.
Section 912. Section 912 is amended by adding Section 912.1.1 and amending 912.2 to
read as follows:
912.1.1 Configuration. The fire department connection shall contain a minimum of two- 2
'/" inlets. The location shall be approved and be no more than 150 feet (45.72 m) from a
public hydrant. 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.
99
Exceptions:
do A. When the sprinkler density design is 500 gpm (including the interior hose
stream demand) or greater, or standpipe system is included, four
2'/=" inlets shall be provided.
B. The fire department connection may be located within 150 feet (45.72 m) of a
private hydrant providing the fire department connection pipe is connected to
the fire sprinkler system by a stand -alone pipe that connects down - stream of
the sprinkler system check valve.
Section 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 approved. When possible, the fire
department connection shall be located 30 feet (9.14 m) minimum from beginning of
radius for driveway approach.
9.04.070 Amendments to Chapter 27, "Hazardous Materials - General Provisions" of
the 2007 California Fire Code
Section 2703.12. Section 2703.12 Outdoor Control Areas is amended by adding item #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.
Section 2704.1. Section 2704.1 is amended by adding Section 2704.1.1 to read as follows:
2704.1.1 Maximum Quantity on Site. Maximum quantity on site. No person shall use
or store any amount of extremely hazardous substances (EHS) equal to or greater
than the disclosable amounts 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.
9.04.080 Amendments to Chapter 33, "Explosives and Fireworks" of the 2007
California Fire Code
Section 3301.1. Section 3301.1 is deleted and amended to read as follows:
Section 3301.1 Scope. Manufacture, possession, storage, sale, transportation and use
of explosive materials shall be in accordance with Chapter 33. For explosives
requirements, see Title 19 California Code of Regulations, Chapter 10. Foe Fireworks
requirements, see Title 19 California Code of Regulations, Chapter 6.
Chapter 33. Chapter 33 is amended by adding Sections 3309 Fireworks,
3309.1 Fireworks 1 AG & Fireworks 1.3G, 3309.2 Seizure of Fireworks, 3310 Storage,
and 3310.1 Storage of Explosives and Blasting Agents to read as follows:
23
Section 3309.1 Fireworks 1.413 & Fireworks 1.343. No person shall stone, 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 1AG and fireworks 1.3G may be part of a public display
when permitted and conducted by a licensed pyrotechnic operator.
Section 3309.2 Seizure of Fireworks. The fire code official shall have the authority to
seize, take, and remove any fireworks stoned, sold, offered for sale, used or handled in
violation of the provisions of this code. Any seizure or removal pursuant to this section
shall be in compliance with all applicable statutory, constitutional, and decisional law.
Section 3310.1 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.
9.04.090 Amendments to Chapter 34, "Flammable and Combustible Liquids" of the
2007 California Fire Code
Section 3404.2.11.2. Section 3404.2.11.2 is amended by adding #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 Chapter 20.05 of the Newport Beach Municipal Code.
Section 3406.4. Section 3406.4 is deleted and amended to read as follows:
Section 3406.4 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 3406.4.1 through 3406.4.10.4.
9.04.100 Amendments to Chapter 45, "California Standards — Referenced
Standards" of the 2007 California Fire Code
Section 4501 Adoption of NFPA Standards. The latest editions of National Fire
Protection Association National Fire Codes and amendments thereto, are adopted as a
recognized standard for the technical application of this code.
9.04.110 Amendments to Appendix, Chapter 1 "Administration" of the 2007
California Fire Code
24
Section 104.1. Section 104.1. is amended by adding Section 104.1.1 to read as follows:
Section 104.1.1 General. The fire code official is authorized and directed to enforce,
within the scope of Section 104.1, the provisions of this code over all occupancies and
land used within the City.
Section 105.1.1. Section 105.1.1 is deleted and amended to read as follows.
Section 105.1.1 Permit Fees. Permits required by this code shall be obtained
from the fire code official. Permit fees, if any, shall be paid prior to the issuance of
the permit. Issued permits shall be kept on the premises designated therein at all
times and shall be readily available for inspection by the fire code official. Permit
fees to the City shall be in an amount established by resolution of the City Council.
Section 105.6.19. Section 105.6.19 is amended by deleting Section 105.6.19, "Fumigation or
Thermal Insecticidal Fogging ".
Section 105.6.47. Section 105.6.47 is amended by adding #4 to read as follows:
4. Temporary heaters. To operate a listed and approved heater in a
commercial occupancy for a period of seven days and not to exceed
l twenty eight days in a calendar year.
Section 107.6. Section 107.6 is amended by adding Section 107.6.1 to read as follows:
Section 107.6.1 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. If the fire code official determines at any time that an accurate
count of occupants is not being maintained, the occupancy shall be cleared until an
accurate count can be made.
9.04.120 Amendments to Appendix B, "Flre —Flow Requirements for Buildings" of
the 2007 California Fire Code
Section B1052. Section B1052 is deleted and amended to read as follows:
B105.2 Buildings Other Than One- and Two- Family Dwellings. The minimum fire flow
and flow duration for buildings other than one- and two- family dwellings shall be as
specified in Table B105.1.
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.
25
9.04.130 Appendix M. The Fire Code is amended by adding Appendix M to read as
follows:
SECTION M1
GENERAL
M1 Scope. Marina facilities shall be in accordance with this chapter.
M1.2 Plans and Approvals. Plans for marina fire- protection facilities shall be
approved prior to installation. The work shall be subject to final inspection and approval
after installation.
SECTION M2
DEFINITIONS
M2.1 Definitions. The following words and terms shall, for the purpose of this chapter
and as used elsewhere in this code, have the meanings shown herein.
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.
FLOAT. A floating structure normally used as a point of transfer for passengers
and goods, or both, for mooring purposes.
� 1
MARINA. Any portion of the ocean or inland water, either naturally or artificially
protected, for the mooring, servicing or safety of vessels and shall include
artificially protected works, the public or private lands ashore, and structures or
facilities provided within the enclosed body of water and ashore for the mooring
or servicing of vessels or the servicing of their crews or passengers.
PIER. A structure built over the water, supported by pillars or piles, and used as
a landing place, pleasure pavilion or similar purpose.
VESSEL. A motoriied watercraft, other than seaplanes on the water, used or
capable of being used as a means of transportation. Included in this definition
are non transportation vessels such as houseboats and boathouses.
WHARF. A structure or bulkhead constructed of wood, stone, concrete or similar
material built at the shore of a harbor, lake or river for vessels to lie alongside of,
and piers or floats to be anchored to.
SECTION M3
GENERAL PRECAUTIONS
M3.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or
accumulated on land beneath marina structures, piers or wharves.
M3.2 Sources of Ignition. Open -flame devices used for lighting or decoration on the
exterior of a vessel, float, pier or wharf shall be approved.
26
M3.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible
liquids at or upon the water shall be reported immediately to the fire department or
jurisdictional authorities.
M3.4 Rubbish Containers. Metal containers with tight fitting or self closing lids shall be
provided for the temporary storage of combustible trash or rubbish.
M3.5 Electrical Equipment. Electrical equipment shall be installed and used in
accordance with its listing and Section 605 and NFPA 303, Chapter 3 as required for
wet, damp and hazardous locations.
M3.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA
303, Chapter 5.
SECTION M4
FIRE - PROTECTION EQUIPMENT
M4.1 General. Piers, wharves, docks and floats serving boatyards, hotels, yacht clubs,
boat condominiums, docking facilities associated with residential condominiums and
multiple docking facilities at 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 Section M4.
M4.2 Standpipes. When any portion of a pier, wharf, dock or float is more than 150 ft.
(45.72 m) from a fire apparatus access road, it shall be equipped with a Class III
standpipe system and one or more Class III standpipe outlets installed in accordance
with the California Building Code, NFPA 303 and Newport Beach Fire Department
Guidelines.
M4.3 Access and Water Supply. Piers, wharves, docks and floats shall be provided
with fire apparatus access roads and water - supply systems with on -site fire hydrants
when required by the fire code official. Such roads and water systems shall be
designed and maintained in accordance with Sections 503 and 508.
M4.4 Portable Fire Extinguishers. One 2A 20BC fire extinguisher shall be provided at
each required hose station. Additional fire extinguishers, suitable for the hazards
involved, shall be provided and maintained in accordance with Section 906.
SECTION M5
MARINE MOTOR VEHICLE FUEL DISPENSING STATIONS
M5.1 Fuel- Dispensing. Marine motor vehicle fuel- dispensing stations shall be in
accordance with Chapter 22.
SECTION M6
BERTHING
M6.1 Multiple Berthing and Vessel Rafting. All vessels in marinas shall be arraigned
such that a vessel occupying a slip can be readily removed in an emergency without the
necessity of moving other vessels.
27
Exceptions:
A. Tenders or dinghys may be tied to a vessel's stem 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.
B. 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 vessels stem.
M6.1.1 Permitted Multiple Berthing. A permit may be issued for multiple berthing under the
following conditions:
A. Multiple berthing occurs between the hours of 0700 to 1800.
B. An action plan must be developed by the applicant indicating: How the
vessels will be moved in the event of a fire; Who is responsible for moving
the vessels; Where the vessels will be relocated to after 1800; Employee
training and emergency communications.
C. 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.
SECTION 2 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 3. 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.
�'W'
C�
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 27th day of November, 2007, and was adopted on the 11th day of
December, 2007, by the following vote to wit:
ATT /S:
U �
City Clerk
29
AYES, COUNCIL MEMBERS
Henn, Curry, Rosansky, Webb, Daigle,
Gardner, Mayor Rosansky
NOES, COUNCIL MEMBERS
None
ABSENT COUNCIL MEMBERS
None
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -18 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th
day of December 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Rosansky, Webb, Daigle, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of December 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH I
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -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 daily
newspaper of general circulation on the following date, to wit: December 15, 2007.
In witness whereof, I have hereunto subscribed my name this day of Y
2007.
1�
City Clerk
City of Newport Beach, California