HomeMy WebLinkAbout2012-21 - Adopting a New Section 9.04.060 of Title 9, Chapter 9.04, to Remove Section 610 Breathing Air Replenishment Systems (BARS).ORDINANCE NO. 2012-21
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
REPEALING SECTION 9.04.060 OF THE
NEWPORT BEACH MUNICIPAL CODE AND
ADOPTING A NEW SECTION 9.04.060 OF
TITLE 9, CHAPTER 9.04, TO REMOVE
SECTION 610 BREATHING AIR
REPLENISHMENT SYSTEMS (BARS)
The City Council of the City of Newport Beach finds as follows:
WHEREAS, the City of Newport Beach ("City") adopted Ordinance 2010-24 on
December 6, 2010, which among other additions, added Section 610 into the City of
Newport Beach's Fire Code as codified in Newport Beach Municipal Code ("NBMC")
section 9.04.060: and
WHEREAS, the adopted NBMC requires that all high rise buildings be equipped
with an approved Breathing Air Replenishment Systems ("BARS") for firefighters; and
WHEREAS, the BARS is designed to 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; and
WHEREAS, the required breathing air for the BARS is supplied into the
permanent piping system by a mobile breathing air unit; and
WHEREAS, the California State Fire Code does not require the installation of
BARS in new high rise buildings; and
WHEREAS, Section 610 of the City's Fire Code, NBMC Chapter 9.04, specifies
that the location of air refill stations, installation of the BARS, and maintenance of BARS
be designed and installed in accordance with Newport Beach Fire Department ("NBFD")
Guideline D.02 Firefighter Breathing Air Replenishment Systems; and
WHEREAS, the procedure in NBFD Guideline D.02 specifies that the
connections for the BARS must be compatible with the NBFD's mobile breathing air
unit; and
WHEREAS, the City no longer has a mobile breathing air unit, nor is a
replacement unit funded and this equipment is essential to the successful operation of
BARS; and
WHEREAS, countywide operational integration of BARS presents ongoing
logistical and training issues for NBFD and other fire agencies in Orange County; and
WHEREAS, absent the availability of a NBFD mobile breathing air unit, the strict
application of the City's Fire Code in this specific setting is not workable; and
WHEREAS, the City Council readopts the findings and recitals contained in
Ordinance No. 2010-24 as if set forth in full herein.
NOW THEREFORE, the City Council of the City of Newport Beach ordain as
follows:
SECTION 1: Section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal
Code is hereby repealed.
SECTION 2: A new section 9.04.060 of Chapter 9.04 of the Newport Beach
Municipal Code is hereby added to read as follows:
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.
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.
SECTION 3: The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of
this ordinance, or any part thereof, or the application thereof to any person or
circumstance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance, or any part thereof, or its application to other persons or
circumstances. The City Council hereby declares that it would have passed and
adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, paragraphs,
subparagraphs, sentences, clauses or phrases, or the application thereof to any person
or circumstances, be declared invalid or unconstitutional.
SECTION 5: 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.
[CONTINUED ON NEXT PAGE.]
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 25th day of September, 2012, and adopted on the 9th day
of October, 2012, by the following vote, to wit:
AYES, COUNCIL MEMBERS Hill, xosansky, Curry, Selich,
Henn, Daigle, Mayor Gardner
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
NANCY GAMNER, MAYOR
ATTEST:
Nw---
LEILANI BROWN, CITY CLERK
APPR , A� T O
AARUrf-C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; that the foregoing ordinance, being
Ordinance No. 2012-21 was duly and regularly introduced on the 25th day of September, 2012, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the
9th day of October, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 10th day of October, 2012.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2012-21 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: September 29, 2012
Adopted Ordinance: October 13, 2012
2(
In witness whereof, I have hereunto subscribed my name this � day of Q61�'
2012.
40AAVyv
City Clerk `
City of Newport Beach, California
(Seal)
z
SCOTT L_ POSTER
RRE CHIEF
NEWPORT BEACH FIRE DEPARTMENT
October 17, 2012
P.O. Box 1768, 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658-8915
PHONE: (949) 644-3104 FAX: (949) 644-3120 WEB: WWW.NBFD.NET
VIA CERTIFIED REGISTERED MAIL
Building Standards Commission
2525 Natomas Park Drive
Suite 130
Sacramento, CA 95833-2936
RE; CITY OF NEWPORT BEACH LOCAL AMENDMENT TO THE 2010
CALIFORNIA FIRE CODE
Dear Commission:
Please be advised at the City of Newport Beach's September 25, 2012 City Council
meeting, the Newport Beach City Council passed Ordinance No. 2012-21 which
adopted and amended the 2010 California Fire Code. The ordinance contained the
following express findings with regard to the locally adopted amendments.
A. On December 6, 2010, the City of Newport Beach adopted Ordinance 2010-24
requiring that all high rise buildings be equipment with an approved Breath Air
Replenishment Systems ("BARS") for firefighters. The BARS were designed to
provide an adequate pressured fresh air supply through a permanent piping
system for the replenishment of self-contained breathing air carried by fighters in
the performance of their duties. The required breathing air for the BARS is then
supplied into the permanent piping system by a mobile breathing air unit,
essentially a breathing air compressor on wheels.
B. The City's Fire Code specifies that the location of the air refill stations, installation
of the BARS, and the maintenance of the BARS be designed and installed in
accordance with their guideline D.02 specification that the connections for the
BARS must be compatible with the NBFD's mobile breathing air unit. This
equipment no longer exists in the City of Newport Beach, nor is a replacement
unit proposed. Without a mobile breathing air unit, the system cannot be utilized
by firefighters in the performance of their duties fighting a fire in a high rise
building.
Building Standards Commission
October 17, 2012
Page 2
C. Absent the availability of our own mobile air unit, and issues with multi -agency
adoption and training, we find that the strict application of the local Fire Code in
this specific setting is not practical.
Enclosed, please find the following documents:
o Ordinance 2012-21 passed on September 25, 2012 by the City of Newport
Beach City Council, signed by Mayor Gardner and certified by the City Clerk.
The ordinance contains the express findings of the Council with regard to absent
the availability of a NBFD mobile breathing air unit, the strict application of the
City's Fire code in this specific setting is not practical as well as a complete set of
the adopted amendment.
The summary of the local amendment with reference to the express findings
made by the City Council, where applicable.
Please contact meat (949) 644-3353, or by email at kkitchanbfd.net should you have
any questions regarding this submittal.
Sincerely,
Kevin Kitch, Assistant Chief
Life Safety Services Division
KKAa
cc: Chief Poster, Fire Department
PV ifeSafetySemiceslSubjectMattersUARS1BSC from KK 10. 17.12 re Amendment to 2070 Fire Code
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Building Standards Commission
2525 Natomas Park Drive
Suite 130
Sacramento, CA 95833-2936
2. Article Number
(Transfer from service label)
3.,Service Type
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STATE OF CALIFORNIA — STATE AND CONSUMER SERVICES AGENCY GOVERNOR EDMUND G. BROWN JR.
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916 FAX (916) 263-0959
o.ow
November 2, 2012
Kevin Kitch, Assistant Chief
Life Safety Services Division
Newport Beach Fire Department
P.O. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Kitch:
This letter is to acknowledge receipt on October 19, 2012 of the City of Newport Beach
submittal pertaining to Ordinance No. 2012-21 with findings and is acceptable for filing.
Your filing attests to your understanding that according to Health and Safety Code
§17958.7 no modification or change to the California Building Standards Code shall
become effective or operative for any purpose until the findings and the modifications or
changes 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 [Health and Safety Code Section 13869.7(c)], ATTENTION: State
Housing Law Program Manager, rather than the Commission. Likewise, ordinances
containing energy efficiency standards may require approval from the California Energy
Commission pursuant to Public Resources Code Section 25402.1(h)(2).
If you have any questions or need any further information, you may contact me at
(916) 263-0916.
Sincerely,
E rique M. Rodriguez
Associate Construction Analyst
cc: Chron
Local Filings