HomeMy WebLinkAbout2010-24 - Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2010 California Fire Code and Local Amendments, and the 2009 International Fire CodeORDINANCE NO. 2010 -24
REPORT OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ON THE URGENCY ORDINANCE AMENDING TITLE 9
OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE
2010 CALIFORNIA FIRE CODE AND THE 2009
INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS
INTRODUCTION
The Newport Beach City Council deems this ordinance urgent in order for local
amendments to be adopted commensurate with the adoption of the 2010 California Fire
Codes by the State of California on January 1, 2011.
This ordinance is deemed urgent in order for local amendments to be adopted
commensurate with the adoption of the 2010 California Fire Codes by the State of
California on January 1, 2011. If these amendments are not adopted, the local
amendments, many that date back to 1976, will not be enforced during that time period.
These include prohibiting fires on the beach, prohibition or multiple berthing in the
marina, and crowd control measures for public assembly occupancies greater than 49
persons. Finally most of the local amendments protecting the homes in the wildland fire
hazard areas of Newport Beach will not be enforceable during possible strong Santa
Ana Wind events of early 2011.
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 "2010 California Fire Code" based upon the 2009 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 2009
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; and
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:
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.
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.
Due to the topographical conditions of sprawling development separated by waterways
and narrow and congested streets and the expected infrastructure damage inherent in
the 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.
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
Sections:
9.04.010 Adoption of the 2010 California Fire Code and the 2009 International Fire
Code
9.04.020 Amendments to Chapter 1 Scope and Administration
9.04.030 Amendments to Chapter 2 Definitions
9.04.040 Amendments to Chapter 3 General Precautions Against Fire
9.04.050 Amendments to Chapter 5 Fire Service Features
9.04.060 Amendments to Chapter 6 Building Services and Systems
9.04.070 Amendments to Chapter 9 Fire Protection Systems
9.04.080 Amendments to Chapter 27 Hazardous Materials - General Provisions
9.04.090 Amendments to Chapter 33 Explosives and Fireworks
9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids
9.04.110 Amendments to Chapter 45 Marinas
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface
Fire Areas
9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings
9.04.140 Amendments to Appendix J Emergency Responder Radio Coverage
9.04.010 Adoption of the 2010 California Fire Code and the 2009 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, 2009 Edition and
the California Fire Code 2010 Edition," and the whole thereof including Appendices B,
C, E, F, G and I therein, errata issued during and after publishing date, and the
accompanying International Fire Code Standards, save and except such portions as
are hereinafter 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 1 Scope and Administration
Section 104.1 General is amended by adding Section 104. 1.1 to read as follows:
Section 104.1.1 Scope. 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 Permits required is 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 105.5.1 Revocation is amended by adding Section 105.5.1 to read as follows:
105.5.1 Permits. A fire permit issued for any construction, operation, activity or
process in accordance with this section may be revoked by the fire code official if
the construction, operation, activity or process is found to not be in compliance
with all applicable codes, laws or regulations and any conditions or limitations
prescribed by the fire code official for a specific permit.
Section 105.6.19 Fumigation and thermal insecticidal fogging is amended by deleting
105.6.19 Fumigation and thermal insecticidal fogging.
Section 107.6 Overcrowding is amended by adding Section 107.6.1 to read as follows:
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.
Section 111.4 Failure to comply is amended to read as follows:
111.4 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 for a fine in
accordance with the Newport Beach Municipal Code.
9.04.030 Amendments to Chapter 2 Definitions
Section 202 General Definitions is amended by adding the definition of "Cul -de -Sac"
and deleting the definition 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:
1. "Existing high rise structure" means a high rise structure, the construction of
which is commenced or completed prior to July 1, 1974.
2. "High rise structure" is any building having floors used for occupancy
located more than 55 feet (16,764 mm) above or more than 55 feet below
(16,764 mm) 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.
3. "New high rise structure" means a high rise structure, the construction of
which is commenced on or after July 1, 1974.
9.04.040 Amendments to Chapter 3 General Precautions against Fire
Section 304.1.2 Vegetation is amended by deleting Section 304.1.2 Vegetation and
relocating it to Section 305.5.
Section 305 Ignition Sources is amended by adding Sections, 305.6, and 305.7 to read
as follows:
305.6 Clearance of brush or vegetation growth from roadways. The fire code
official is authorized to cause areas within 10 feet (3,048 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.
305.7 Notification and abatement procedures.
305.7.1 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.
305.7.2 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.
305.7.3 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.
305.7.4 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.
305.7.5 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.
305.7.6 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.
305.7.7 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 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.
305.7.8 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.
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.
305.7.9 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.
Section 307.1.1 Prohibited open burning is amended to read as follows:
307.1.1 Prohibited open burning and recreational fires. Open burning and
recreational fires and fire pits 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 Recreation fires is amended by adding Section 307.4.2.1 to read as
follows:
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.
Section 318 Geological Surveys is added to read as follows:
SECTION 318 GEOLOGICAL SURVEYS
318.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
318.2 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:
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;
B. May contain or give off toxic, combustible or flammable liquids, gases,
or vapors; or
9.40.050 Amendments to Chapter 5 Fire Service Features
Section 503.1.1 Buildings and facilities exception #1 is amended to read as follows:
Exception:
1. The building is equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.1.
Section 503.2.1 Dimensions 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 (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 Turning Radius 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 (12,192 mm) 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 Dead ends is amended to read as follows:
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 150 feet
(45.720 m) in length shall be provided with an approved cul -de -sac for turning
around fire apparatus without backing up.
Section 503.2.7 Grade is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten
percent.
Section 503.6 Security gates is amended and Section 503.6.1 is added to read as
follows:
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.
503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across
streets shall be in accordance with the Newport Beach Fire Department
Guideline 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.
Section 503 Fire Apparatus Access Roads is amended by adding Sections 503.7 and
503.8 to read as follows:
503.7 Speed Bumps. Speed bumps are prohibited.
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 Address identification is amended to read as follows:
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
internally 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 by the City.
Section 506.1 Where required is amended by adding Section 506.1.2 to read as follows:
506.1.2 Key box contents. When a Key box is required it shall contain sets of
keys as required by the fire code official. 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.
C. Keys to locked electrical rooms.
D. Keys to elevator controls.
E. Keys to other areas as directed by the fire code official.
Section 510.1 Emergency responder radio coverage in buildings is amended to read as
follows:
510.1 Emergency responder radio coverage. Effective emergency responder
radio coverage shall comply with the Newport Beach Fire Department guideline
D.05 Public Safety Radio Coverage and apply to all of the following buildings and
structures:
1. Any building or structure which has more than 3 stories above grade
plane.
2. Any building or structure, regardless of the number of stories, in which any
single floor space exceeds 45,000 square feet.
3. Any building or structure containing a subterranean space of 250 square
feet or more. For buildings and structures three stories or less above
grade plane, or less than 45,000 square feet on any single floor, only the
subterranean space shall comply.
4. Any building or structure deemed likely to have diminished in- building
communications due to the use of certain construction materials, window
coatings, shape, location, or other factors as determined by the fire code
official.
Exceptions:
1. One and two family dwellings.
2. A building or structure which supports adequate radio coverage for City
emergency service workers operating on the 800 MHz Countywide
Coordinated Communications System as described in the RCSC
without the need for bi- directional amplification system.
3. A reconstructed building or structure in which less than 50% of the
interior and /or exterior vertical structural or non - structural elements
measured by wall surface area are uncovered during a contiguous 24
month period.
Section 511 Building Information is added to read as follows:
SECTION 511 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 official.
9.04.060 Amendments to Chapter 6 Building Services and Systems
Section 604 is amended by adding Section 604.2.15.2.2 to read as follows:
604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets
(120 volt, duplex) that are connected to the emergency generator circuitry/system
when a generator is required by Section 604.2 of the California Fire Code in the
following locations:
A. In the main exit corridor of each floor, adjacent to each exit enclosure.
B. On every level in every stairwell.
C. In each elevator lobby.
D. In public assembly areas larger than 1,500 square feet (139.36 M2).
E. In every fire control room.
F. In such other areas as may be designated by the fire code official.
Chapter 6 Building Services and Systems is amended by adding Sections 610 and 611
to read as follows:
SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS)
610.1 General. Breathing air replenishment systems shall be installed in
accordance with the requirements of Section 610.
610.2 Breathing air replenishment systems. All high rise buildings having
floors used for human occupancy located more than 55 feet (16,764 mm) above
the lowest level of fire department vehicular or personnel access (as determined
by the fire code official), or located 55 feet (16,764 mm) 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
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
BARS shall be in accordance with Newport Beach Fire Department Guideline
D.02 Firefighter Breathing Air Replenishment Systems.
9.04.070 Amendments to Chapter 9 Fire Protection Systems
Section 903.2 Where required is amended to read as follows:
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), regardless of fire areas or allowable area.
2. Existing buildings: Notwithstanding any applicable provisions of this code,
an automatic sprinkler system shall be provided in an existing building when
an addition occurs and when the following condition exists:
a. When the addition and /or reconstruction is 50% or more of the existing
building area and the resulting building area exceeds 5,000 square feet
(465 m2.
Section 903.2.11.3 Buildings 55 feet (16,764 mm) or more in height is amended to read
as follows:
903.2.11.3 Buildings 40 (12,192 mm) feet or more in height. An automatic
sprinkler system shall be installed throughout all buildings having floors used for
human occupancy located more than 40 feet (12,192 mm) above the lowest
occupied floor, basement floor or parking level floor, as determined by the fire
code official.
Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Sections
903.3.1.2.2 and 903.3.1.2.3 to read as follows:
903.3.1.2.2 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.
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.
903.3.1.2.3 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 a 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 NFPA 13D Fire Sprinkler Systems is amended by adding Sections
903.3.1.3.1, 903.3.1.3.2, and 903.3.1.3.3 to read as follows:
903.3.1.3.1 Valves. The sprinkler system piping shall not be provided with its own
control valve.
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 Standards is amended by adding Section 903.3.1.4 to read as follows:
903.3.1.4 System design. Shall be in accordance with Newport Beach Fire
Department Guideline F.02 Fire Sprinkler System Design Pressure.
Section 907.1 General 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, the indicating light shall be located at a location designated
by the fire code official.
Section 907.2.2 Group B is amended to read as follows:
Section 907.2.13 High -rise buildings and Group 1 -2 occupancies having occupied floors
located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle
access is amended to read as follows:
907.2.13 High -rise buildings. All occupancies having floors used for human
occupancy located more than 55 feet (16,764 mm) above or more than 55 feet
(12,192 mm) 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 907.2.13.2. 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.
Exceptions:
1. Airport traffic control towers in accordance with Sections 412 and
907.2.22 of the California Building Code.
2. Open parking garages in accordance with Section 406.3 of the
California Building Code.
3. Buildings with an occupancy in Group A -5 in accordance with Section
303.1 of the California Building Code.
4. Low - hazard special occupancies in accordance with Section 503.1.1 of
the California Building Code.
5. In Groups 1 -2 and R -2.1 occupancies, the alarm shall sound at a
constantly attended location and general occupant notification shall be
broadcast by the emergency voice /alarm communication system.
Section 907.2.19 deep underground buildings is deleted in its entirety.
Section 907.4 Fire safety functions is amended by adding section 907.4.5 to read as
follows:
907.4.5 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 Fire Department Connections 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 ' /z" 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.
Exceptions:
A. When the sprinkler density design is 500 gpm (including the interior
hose stream demand) or greater, or a standpipe system is included, four
2'/" inlets shall be provided.
B. The fire department connection may be located within 150 feet (45.72m)
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.
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.
9.04.080 Amendments to Chapter 27 Hazardous Materials — General
Provisions
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 Scope is amended by adding Section 2704.1.1 to read as follows:
2704.1.1 Maximum quantity on site. No person shall use or store any amount
of extremely hazardous substances (EHS) equal to or greater than the
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.
9.04.090 Amendments to Chapter 33 Explosives and Fireworks
Section 3301.1 Scope is amended and Sections 3310 and 3311 are added to read as
11Mire 31
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. For
Fireworks requirements, see Title 19 California Code of Regulations, Chapter 6.
SECTION 3310 FIREWORKS
3310.1 Fireworks 1.4G and fireworks 13G. 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 1AG and fireworks 1.3G may be part of an
electronically fired public display when permitted and conducted by a
licensed pyrotechnic operator.
3310.2 Seizure of fireworks. The fire code official shall have the authority to
seize, take, and remove any fireworks stored, 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 3311 STORAGE OF EXPLOSIVES AND BLASTING AGENTS
3311.1 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.
9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids
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 Bulk plants or terminals is amended to read as follows:
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.
9.04.110 Amendments to Chapter 45 Marinas
Section 4502.1 Definitions is amended by adding the definition of "Dock" to read as
follows:
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.
Section 4503.6 Berthing and storage is amended and Sections 4503.6.1 and 4503.6.2
are added to read as follows:
4503.6 Berthing and storage. Berthing and storage shall be in accordance with
Chapter 7 of NFPA 303 and this section.
4503.6.1 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 vessels
stern.
4503.6.2 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. Who 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.
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 Newport Beach Fire department
Guideline A,10 Multiple Berthing and /or Rafting at Special Events.
Section 4504.1 General is amended to read as follows:
4504.1 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
4504.2 through 4504.6.
Section 4504.2 Standpipes is amended to read as follows:
4504.2 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 Newport
Beach Fire Department Guideline F.01. Marinas, Wharfs, and Piers.
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban
Interface Fire Areas
Chapter 49 has been deleted and amended to read as follows:
SECTION 4901 CLEARANCE OF BRUSH FROM STRUCTURES
4901.1 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 Chapter 49 to maintain a defensible space to protect structures
within Special Fire Protection Area(s).
Persons owning, leasing, controlling,
structures requiring defensible spaces
removing non -fire resistive vegetation.
operating, or maintaining buildings or
shall be responsible for modifying or
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 4902 DEFINITIONS
4902.1 Definitions
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 4903 MAINTENANCE OF DEFENSIBLE SPACE
4903.1 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.)
Existing trees are not required to have a separation of tree canopies but shall
be maintained free of all dead or dying foliage.
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.
Trees shall be maintained free of dead wood and foliage, and all dead trees
shall be removed.
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.
Trees extending to within five feet of any structure shall be pruned to maintain
a minimum clearance of five feet.
4903.2 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.)
All dead and dying growth shall be removed from shrubs and bushes.
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.
One to three shrubs and bushes together in a small group can be considered
a single bush if properly maintained.
All shrubs and bushes that are listed on the fire resistive plant list need not be
separated if properly maintained as determined by the fire code official.
For the purpose of firefighter entrance and egress, a minimum of three feet of
access shall be provided along both sides of any structure.
4903.3 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.)
Ground cover that is properly planted, irrigated, and maintained is permitted
within the defensible space.
Non - planted areas may be covered with a maximum of five inches (127 mm)
of chipped biomass or its equivalent.
All ground cover that is either dead and /or dying shall be removed.
4903.4 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).
4903.5 Roofs. All roofs of structures in designated wildland fire hazard areas
shall comply with the following guidelines:
Leaves, needles, twigs, and other combustible matter shall be removed from
roofs and rain gutters.
Any portion of any tree, bush or shrub, which is located within ten feet of the
outlet of a chimney, shall be removed.
All chimneys attached to any appliance or fireplace that burns 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 4904 MAINTENANCE OF FUEL MODIFICATION ZONES
4904.1 General. 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 4905 CONSTRUCTION REQUIREMENTS FOR STRUCTURES
ADJACENT TO SPECIAL FIRE PROTECTION AREAS
4905.1 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 4905 of this code.
4905.2 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.
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.
4905.3 Authority. The Fire Chief shall have the authority to designate all Special
Fire Protection Areas.
4905.4 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.
4905.4.1 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.
4905.4.2 Maintenance. All elements of the approved fuel modification plan
shall be maintained in accordance with the approved plan.
4905.4.3 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.
4905.5 Issuance of grading or building permits. No grading permit or building
permit shall be issued for new and reconstructed structures prior to the submittal
and approval by the Fire Department of preliminary fuel modification plans as
required by this section.
4905.6 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.
SECTION 4906 BUILDING CONSTRUCTION FEATURES
4906.1 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 4907 SPECIAL FIRE PROTECTION AREAS/VERY HIGH FIRE
HAZARD SEVERITY ZONE MAP
4907.1 Map. 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
AreaNery High Fire Hazard Severity Zone or added to a Special Fire Protection
AreaNery High Fire Hazard Severity Zone, the Fire Chief shall cause the Special
Fire Protection AreaNery High Fire Hazard Severity Zone map to be amended to
reflect such exclusion or addition.
SECTION 4908 USE OF EQUIPMENT IN SPECIAL FIRE PROTECTION
AREAS
4908.1 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 4909.3 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 4909.4 of the Fire Code.
4908.2 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.
4908.3 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.
4908.4 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.
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 4909 RESTRICTED ENTRY TO HAZARDOUS FIRE AREAS
4909.1 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 4910 TRESPASSING ON POSTED PROPERTY
4910.1 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.
4910.2 Signs. Approved signs prohibiting entry by unauthorized persons and
referring to applicable fire code chapters shall be placed on every closed area.
4910.3 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 4911 EXPLOSIVES AND BLASTING IN HAZARDOUS FIRE AREAS
4911.1 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 4912 OPEN FLAME DEVICES IN HAZARDOUS FIRE AREAS
4912.1 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.
Exception: Use within habited premises or designated campsites which
are a minimum of 30 feet (9144 mm) from grass -, grain -, brush -, or forest -
covered 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 a fuse at the scene of emergencies.
SECTION 4913 OUTDOOR FIRES IN HAZARDOUS FIRE AREAS
4913.1 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 barbeque, portable
barbeque, 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 barbeques, portable barbeques, outdoor fireplaces or grills shall not
be used for the disposal of rubbish, trash, or combustible waste material.
SECTION 4914 RECREATIONAL FIRES IN SPECIAL FIRE PROTECTION
AREAS
4914.1 General. Recreational fires shall not be built, installed, or maintained in
Special Fire Protection Areas without prior approval of the fire code official.
Combustible solid fuels are prohibited in special fire protection areas, only natural
gas or propane flame is allowed regardless if a spark arrestor is utilized.
Incinerators, 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 or door.
Exception: When approved, unprotected openings in barbeques and grills
necessary for proper functioning.
9.04.130 Amendments to Appendix B Fire —Flow Requirements for Buildings
Section B105.2 Buildings other than one- and two- family dwellings is amended to read
as follows:
8105.2 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 L /min.) for the prescribed duration as specified in
Table 8105.1.
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.
This Urgency Ordinance was adopted on the 6th day of December, 2010, by the
following vote to wit:
AYES, COUNCILMEMBERS Selich, Rosansky , Henn, Webb, Gardner, Daigle, Mayor Curry
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS None
MA
ATTEST:
4k�'�
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Urgency Ordinance No. 2010.24 was adopted by the City Council of said City at a special
meeting of said Council, duly held on the 6th day of November, 2010, and that the same was so
passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 7th day of December, 2010.
(Seal)
QoRrs
�O City Clerk
City of Newport Beach, California
CALIFr%
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Urgency Ordinance No. 2010 -24 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 dates:
Adopted Urgency Ordinance: December 11, 2010
2rd Z -
(nI
In witness whereof, I have hereunto subscribed my name this 3 day of y�l V � t'r 1 l
28i0-
City Clerk
City of Newport Beach, California
STATE OF CALIFORNIA— STATE AND CONSUMER SERVICES AGENCY EDMUND G. BROWN 1R Governor
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833 -2936
(916) 263 -0916 FAX(916)263,0959
s
January 3, 2011
Mr. Ron Gamble, Fire Marshal
City of Newport Beach Fire Dept.
P.O.Box 768, 3300 Newport Blvd.
Newport Beach, California 92658 -8915
Dear Mr. Ron Gamble:
This letter is to acknowledge receipt on December 20, 2010 of the City of Newport
Beach Fire Dept. submittal pertaining to Ordinance No. 2010 -24 with findings and is
acceptable for filing. Per Health and Safety Code Section 17958.8 no modification or
change to the California Building Standards Code shall become effective or operative
for any purpose until the finding and the modification or change have been filed with the
California Building Standards Commission (the Commission).
This letter attests only to the filing of these local modifications with the Commission,
which is not authorized by law to determine the merit of the filing.
As a reminder, local modifications are specific to a particular edition of the Code. They
must be readopted and filed with the Commission in order to remain in effect when the
next triennial edition of the Code is published. In addition, should you receive Fire
Protection District ordinances for ratification, it is required to submit the ratified
ordinances to the Department of Housing and Community Development [H &SC Section
13869.7(c)], attention State Housing Law Program Manager, rather than the
Commission.
If you have any questions or need any further information, you may contact me at
(916) 263 -0916.
Sincerely,
4 rique M. Rodriguez
Associate Construction Analyst
cc: Chron
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,f' _.
FIRE PREVENTION DIVISION ,
CITY OF NEWPORT BEACH
FIRE DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 82658016
December 16, 2010
Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
RE: City of Newport Beach Local Amendments to the 2010 Califoria Fire Code
To Whom It May Concern:
At its December 6h, 2010 City Council meeting, the Newport Beach City Council passed
Ordinance No. 2010 -24 which adopted and amended the 2010 California Fire Code. The
ordinance contained the following express findings with regard to the locally adopted
amendments:
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.
Enclosed, please find the following documents:
• Ordinance 2010 -24 passed on December 6th, 2010 by the Newport Beach City Council,
signed by the mayor and certified by the city clerk. The ordinance contains the express
findings of the Council with regard to local climatic, geological and topographical conditions
as well as a complete set of the adopted amendments.
• The summary of the local amendments with reference to the express findings made by the
city council, where applicable.
Please contact me at 949 - 644 -3353, or by email at rgamble'c�nbfd.net if you have any questions
regarding this submittal.
Si er l �
Ron Gamble
Fire Marshal