HomeMy WebLinkAbout2011-4 - Amending Title 9 Of the Newport Beach Municipal Code to Adopt Local Amendments to the Fire CodeORDINANCE NO. 2011 -4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 9 OF THE
NEWPORT BEACH MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE
FIRE CODE
The City Council of the City of Newport Beach finds as follows:
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 adopt local
amendments 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, the Newport Beach Fire Chief finds it necessary to amend the previously
adopted 2010 California Fire Code and 2009 International Fire Code in order to
maintain consistency between several sections of the 2010 California Fire Code, 2009
International Fire Code and the 2010 California Building Code; and
WHEREAS, Health and Safety Code Sections 13143.5, 17958, and 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:
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, and 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
activity 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, 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.
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.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
SECTION 1. Chapter 9.04 of the Newport Beach Municipal Code is hereby amended as
follows:
Chapter 9.04
FIRE CODE
Sections:
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
9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire
Areas
9.04.040 Amendments to Chapter 3 General Precautions Against Fire
Section 305 Ignition Sources is amended by adding Sections 305.5 to read as follows:
305.5 Vegetation. Weeds, grass, vines or other growth that is capable of being
ignited and endangering property, or is located within 10 feet (3,048 mm) of a
chimney outlet, shall be cut down and removed by the owner or occupant of the
premises. Vegetation clearance requirements in urban - wildland interface areas
shall be in accordance with Chapter 49.
Section 307.1.1 Prohibited open burning is amended to read as follows:
307.1.1 Prohibited open burning, recreational fires, and/or outdoor
fireplaces. Open burning, recreational fires, and /or outdoor fireplaces 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 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
C. Modifications to existing systems.
9.04.050 Amendments to Chapter 5 Fire Service Features
Section 508 Fire Command Center is amended by revising Section 508.1 to read as follows:
508.1 General. In all buildings having occupied floors located more than 55 feet
(16,764 mm) above or more than 30 feet (9144 mm) below the lowest level of fire
department vehicle access, a fire command center for fire department operations shall
be provided. The fire command center shall comply with sections 508.1.1 through
508.1.5.
9.04.060 Amendments to Chapter 6 Solar Photovoltaic Systems
Section 611 Solar Photovoltaic Systems is amended by adding Section 611.1 to read as
follows:
611.1 General. Solar Photovoltaic Systems shall comply with Newport Beach Fire
Departments Guideline D.04 Fire Safety Elements of Solar Photovoltaic Systems. The
provision of this section may be applied by either the fire code official or the building
official.
9.04.070 Amendments to Chapter 9 Fire Protection Systems
Section 903.2.8 Group R is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all new
buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout when
one of the following conditions exists:
a. When an addition and reconstruction is 2,000 sq. ft. or more and exceeds 50% of
the area of the existing structure.
b. An addition, when the existing building is already provided with automatic
sprinklers.
Exception:
1. The Building and Fire Official may approve alternative methods and
materials when an equivalent or greater level of fire protection is achieved.
Section 907.6.2.2 Emergency voice /alarm communication systems is amended to read
as follows:
907.6.2.2 Emergency voicelalarm communication systems. Emergency
voice /alarm communication systems required by this code shall be designed and
installed in accordance with NFPA 72. The operation of any automatic fire
detector, sprinkler waterflow device or manual fire alarm box shall automatically
sound an alert tone followed by voice instructions giving approved information
and directions for a general or staged evacuation in accordance with the
building's fire safety and evacuation plans required by Section 404. In high -rise
buildings having occupied floors located more than 55 feet (16 764 mm) above or
55 feet (16 764 mm) below the lowest level of fire department vehicle access the
system shall operate on a minimum of the alarming floor, the floor above, and the
floor below. Speakers shall be provided throughout the building by paging zones.
At a minimum, paging zones shall be provided as follows:
1. Elevator groups
2. Exit stairways
3. Each floor
4. Areas of refuge as defined in Section 1002.1.
5. Dwelling units in apartment houses
6. Hotel guest rooms or suites
Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in
a constantly attended area and a general occupant notification shall be
broadcast over the overhead page.
Section 907.7.3.2 High -rise buildings is amended to read as follows:
907.7.3.2 High -rise buildings. In high -rise buildings having occupied floors
located more than 55 feet (16,764 mm) above or 55 feet (16,764 mm) below the
lowest level of fire department vehicle access, a separate zone by floor shall be
provided for all of the following types of alarm- initiating devices where provided:
1. Smoke detectors
2. Sprinkler water -flow devices
3. Manual fire alarm boxes
4. Other approved types of automatic fire detection devices or suppression
systems
Section 910.3.2.2 Sprinklered buildings is amended to read as follows:
910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an
approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat - responsive device rated at least
100° F above the operating temperature of the sprinkler, unless otherwise
approved.
9.04.120 Amendments to Chapter 49 Requirements for Wildiand -Urban
Interface Fire Areas
Section 4906 is amended to read as follows:
4906.2 Combustible construction in 20 foot "A" Zone. No attached or
detached buildings, patio covers, sheds, decks, stairs, or similar structures
shall be built or placed in the 20 foot setback of the fuel modification zone
unless completely constructed of non - combustible materials.
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 ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach, held on the 11th day of January , 201 1, and adopted on the25th day of
Tnnuary , 201_1__, by the following vote, to wit:
AYES, COUNCILMEMBERS Hi11, Rosansky, Gardner,
Curry, Selich, Daigle, Mayor Henn
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
ATTEST:
�14 & 'Q 0
1
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
avid 1 ,,Ant, ei ttorney
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 Ordinance No. 2011.4 was duly and regularly introduced on the 11th day of January, 2011,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 25th day of January, 2011, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Hill, Rosansky, Gardner, Curry, Selich, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of January, 2011. ���( �Or�— t �V� At✓I
City Clerk
City of Newport Beach, California
(Seal)
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 Ordinance No. 2011 -4 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:
Introduced Ordinance: January 15, 2011
Adopted Ordinance: January 29, 2011
In witness whereof, I have hereunto subscribed my name this M day of
2011.
City Clerk
City of Newport Beach, California
STATE OF CALIFORNIA —STATE AND CONSUMER SERVICES AGENCY GOVERNOR EDMUND G. BROWN JR.
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130 .e
Sacramento, California 95833 -2936
(916) 263 -0916 FAX (916) 263 -0959
April 04, 2011
Mr. Ron Gamble, Fire Marshal
Adoption of the Fire Code Ordinance
City of Newport Beach
3300 Newport Boulevard, P.O.Box 1768
Newport Beach, California 92658 -8915
Dear Mr. Ron Gamble:
This letter is to acknowledge receipt on February 10, 2011 of the City of Newport Beach
submittal pertaining to Fire Code Ordinance No. 2011 -4 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 nn e M. Rodriguez
Associate Construction Analyst
cc: Chron
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