HomeMy WebLinkAbout23 - 2013 Fire Codes�gW PpRT
CITY OF
NEWPORT BEACH
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c9c,F°wN`P City Council Staff Report
Agenda Item No. 23
November 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Scott Poster, Fire Chief
644-3101, spostercDnbfd.net
PREPARED BY: Kevin Kitch, As§ sWt Chief
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TITLE:Pu�i&Hearing regarding an ordinance of the City of Newport Beach
Adopting the 2013 California Fire Code (Title 24 of the California
Code of Regulations) listed herein, with local amendments and
administrative provisions, into Title 9 of the Newport Beach
Municipal Code.
G1-1.1I:?Aft6
In accordance with California Health and Safety Code Sections 17922 and 18935, the
Building Standards Commission (BSC) has approved the adoption of new model codes
relating to fire and life safety. The BSC has advised local jurisdictions that the State will
adopt the 2013 Edition of the California Fire Code (CFC). The 2013 CFC is based on
the 2012 International Fire Code. The CFC published by the State Building Standards
Commission in Title 24, Part 9 is mandated to be enforced on January 1, 2014. In order
to include our local amendments and enhance life safety and property protection, the
City of Newport Beach must complete our adoption process 30 days prior to January 1,
2014. The adoption of the code into the City Municipal Code provides for an orderly
administration of the codes by City Fire and Building Officials.
RECOMMENDATION:
1. Conduct a public hearing; and
2. Adopt Resolution No. 2013- 80 , titled "A Resolution of the City Council of the City
of Newport Beach, California, Setting Forth Findings Based On Local Conditions
within the City Of Newport Beach which Make Certain Modifications and Changes to
the California Fire Code as Reasonably Necessary," and
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3. Introduce Ordinance No. 2013-25, titled "An Ordinance of the City of Newport Beach
Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2013 California
Fire Code (Title 24, Part 9 of the California Code of Regulations) with Local
Amendments as the Newport Beach Fire Code" (Attachment A and B), conduct a
first reading and pass to a public hearing and second reading on November 26,
2013; and
4. Find Ordinance No. 2013-25 is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060(c)(3) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because: the
activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment; CEQA only applies to projects which have the potential for
causing a significant effect on the environment; and it has no potential for resulting in
physical change to the environment, directly or indirectly.
FUNDING REQUIREMENTS:
There are no direct costs to the City associated with the adoption of this ordinance
DISCUSSION:
Typically, the City Council conducts the public hearing on a proposed ordinance at the
time of introduction and first reading. Government Code Sections 50022.1 et seq.
requires a slightly different procedure for an ordinance that is adopting another code by
reference, as is the case here. When a code is adopted by reference, the public
hearing must be scheduled after the first reading, i.e. at the time of the second reading
and adoption. The Council should, however, take public comment at the first meeting.
Local jurisdictions may amend the state fire code as necessary to mitigate differences
caused by local topographical, geographical, and climatic conditions. In accordance
with California Health and Safety Code Section 17958.7, any modifications made via
local ordinance must be filed, along with the findings thereto, with the Building
Standards Commission. These local changes will be incorporated into Title 9 of the
Newport Beach Municipal Code.
To aid in efficiency and clarity, Title 9 will be repealed in its entirety and replaced with
the edition on the attached ordinance (Attachments A and B). Where applicable, each
of these modifications to the state code are correlated with the findings on the attached
resolution (Attachment C). When approved, the ordinance and accompanying
resolution will be forwarded to BSC in compliance with the above mentioned code
sections.
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November 12, 2013
Page 3
The 2013 California Fire Code is similar to the 2010 version; the attached ordinance
contains similar provisions as adopted by City Council in 2010. Staff has taken the
opportunity to review existing amendments in detail and some modifications are
recommended:
• Appendix K is new, and is recommended for adoption. It will replace existing
policy.
a Chapter 49, Requirements for Wildland-Urban Interface Areas, has been
modified as a result of Council's adoption of the Local Agency Very High Fire
Hazard Severity Zone ordinance in 2012. Modifications to this Chapter include
terminology changes, removal of redundant ignition resistant building standards
and content otherwise covered by the California Building Code and the
Department's Guidelines and Standards.
® Several existing amendments are not recommended to be carried forward into
the next code cycle as today's codes, terminology, and technology have
superseded the previous reasoning for these amendments. Included in this
category is staff's recommendation to not carry forward the current 55 foot
definition of a High Rise Building, and adopt the CFC definition of 75 feet without
amendments.
All current and proposed amendments are listed in table format for ease of viewing and
have been broken into four (4) groups with supporting details for each (Attachment D).
Group 1 on the attached table lists amendments that are carried forward without
modification from previous Fire Code adoptions.
Group 2 on the attached table lists amendments that include existing amendments
which have been renumbered and may contain minor editorial changes to reflect
changes in the model code and terminology.
Group 3 on the attached table lists amendments that are new or modified from previous
Fire Code adoptions.
Group 4 on the attached table lists existing amendments recommended to not be
carried forward in this adoption cycle.
A. Public Outreach
While Community Development Department staff had several changes within the 2014
Building Code that suggested additional public outreach would be helpful, we saw the
2014 Fire Code changes as being less restrictive than the old code, in part because we
consolidated requirements and reduced our amendment language by about 30 percent.
KLII:F:3
November 12, 2013
Page 4
This staff report with its proposed changes was distributed to stakeholders for advanced
notice and comment.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to CEQA pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment), 15061(b)(3) (CEQA only applies to
projects which have the potential for causing a significant effect on 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted
Scott Poster
Fire Chief
Attachments: A. Proposed Ordinance No. 2013- 25
B. Proposed Ordinance with Underline & Strikeouts
C. Proposed Resolution No. 2013-_
D. Proposed Amendments in Table Format
ORDINANCE NO. 2013 -
ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE
9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2013
CALIFORNIA FIRE CODE (TITLE 24, PART 9 OF THE CALIFORNIA
CODE OF REGULATIONS) WITH LOCAL AMENDMENTS AS THE
NEWPORT BEACH FIRE CODE
RECITALS
WHEREAS, Health & Safety Code Sections 17922 and 18935, the Building
Standards Commission ('BSC') has approved the adoption of new model codes relating
to fire and life safety. The BSC has advised local jurisdictions that the State will adopt
the 2013 Edition of the California Fire Code ("CFC'); and
WHEREAS, the 2013 CFC is based on the 2012 International Fire Code. The
CFC published by the BSC in Title 24, part 9 is mandated to be enforced on January 1,
2014. In order to include our local amendments and enhance life safety and property
protection, the City of Newport Beach must complete its adoption process thirty (30)
days prior to January 1, 2014. The adoption of the code into the city municipal code
provides for an orderly administration of the codes by city fire and building officials; and
WHEREAS, local jurisdictions may amend the state fire code as necessary to
mitigate differences caused by local topographical, geographical, and climatic
conditions. In accordance with California Health and Safety Code Section 17958.7, any
modifications made via local ordinance must be filed, along with the findings thereto,
with the BSC. These local changes will be incorporated into Title 9 of the Newport
Beach Municipal Code; and
WHEREAS, to aid in efficiency and clarity, Title 9 will be repealed in its entirety
and replaced with each of these modifications to the State code that are correlated with
the findings in Resolution No. 2013- adopted by the City Council of the City of
Newport Beach on November 12, 2013. When approved, the ordinance and
accompanying resolution will be forwarded to the BSC in compliance with the above
mentioned code sections. and
WHEREAS, the various parts of these codes and standards, along with the
additions, amendments and deletions adopted in this section, shall constitute to be
known as the Newport Beach Fire Code; and
WHEREAS, all prior references to the former Newport Beach fire code shall be
construed to apply to the corresponding provisions of the Newport Beach Fire Code
contained herein; and
WHEREAS, the 2013 California Fire Code is similar to the 2010 version; the
attached ordinance contains similar provisions as adopted by the City Council in 2010.
Staff has taken the opportunity to review existing amendments in detail and some
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modifications are recommended. One new appendix is recommended to be adopted
and will replace existing policy. Several existing amendments are not recommended to
be carried forward into the next code cycle as today's codes, terminology, and
technology have superseded the previous reasoning for these amendments.
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 hereby
deleted in its entirety and amended to read as follows:
Chapter 9.04
FIRE CODE
Sections:
9.04.010 Adoption of the 2013 California 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 36 Marinas.
9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
9.04.100 Amendments to Chapter 50 Hazardous Materials—General Provisions.
9.04.110 Amendments to Chapter 56 Explosives and Fireworks.
9.04.120 Amendments to Chapter 57 Flammable and Combustible Liquids.
9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings.
9.04.140 Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 2013 California Fire Code.
There is hereby adopted by the City and incorporated herein by reference into this
chapter, those certain codes known as the "California Fire Code 2013 Edition," and the
whole thereof including Appendices B, C, E, F, G, I and K therein, errata issued during
and after publishing date, save and except such portions as are hereinafter deleted,
added or amended which shall collectively be known as the "Newport Beach Fire Code."
One 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 103.2 Appointment is amended to read as follows:
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Section 103.2 Appointment. The fire code official shall be appointed by the
chief appointing authority of the jurisdiction.
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 105.5 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 107.5 Overcrowding is amended by adding Section 107.5.1 to read as follows:
107.5.1 Occupant count. The supervisor of each place of assembly shall have
an effective system to keep count of the number of occupants present in the
assembly area.
Section 109.4 Violation penalties is amended by deleting Section 109.4 in its entirety.
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 following definitions to read
as follows:
CUL-DE-SAC: A street closed at one end, with a circular terminus at the closed
end to allow vehicles to turn around.
DEFENSIBLE SPACE: Defensible space is an area either natural or man-made,
where plant materials and natural fuels have been treated, reduced, or modified
to slow the rate and intensity of an advancing wildfire, and to create an area for
firefighters to suppress fire and protect structure(s).
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DOCK: A structure linked to the shoreline to which a vessel may be secured. A
dock may be fixed to the shore or fixed on pilings, or may float in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel
modification zones within a property are subject to fuel modification. Fuel
modification plans show the area and location of all hardscape/softscape
improvements and fuel modifications necessary to achieve the minimum
acceptable level of risk to structures from fires in combustible vegetation.
FUEL MODIFICATION ZONE: A specific area where vegetation has been
removed, planted, or modified in conjunction with an approved fuel modification
plan that increases the likelihood that a structure will survive a wildfire, improve
the defensible space around the structure for firefighting activities, and prevents
direct flame contact with structures. Vegetation includes native and ornamental
plants, non-native naturalized annual grasses, and other invasive or naturalized
species. Fuel modification activities can include removal, partial or total
replacement of existing plants with adequately spaced drought -tolerant and fire-
resistant species, and thinning of existing native or ornamental species.
HAZARD REDUCTION ZONE: Any geographical area designated by the Fire
Chief in which structures directly abut a wildland space on one or more sides.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the California Government
Code Section 51179, and by City of Newport Beach ordinance, which contains
the type and condition of vegetation, topography, climate and structure density
which potentially increases the possibility of uncontrolled fire spread through
vegetative fuels threatening life or property. For the purposes of this code, Local
Agency Very High Fire Hazard Severity Zones shall be considered to be Very
High Fire Hazard Severity Zones as defined in Government Code Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in which
development is essentially nonexistent, except for roads, railroads, power lines
and similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where improved
property intersects with wildland or vegetative fuels.
9.04.040 Amendments to Chapter 3 General Precautions Against Fire.
Section 305 Ignition Sources is amended by adding Sections 305.5, 305.6, and 305.7 to
read as follows:
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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 m) of a
chimney outlet, shall be cut down and removed by the property owner.
Vegetation modification requirements in wildland-urban interface areas shall be
in accordance with Chapter 49 of this code.
305.6 Clearance of brush or vegetation growth from roadways. The fire
code official is authorized to cause areas within 10 feet (3.048 m) on each side of
portions of highways and private streets which are improved, designed or
ordinarily used for vehicular traffic to be free of flammable vegetation and other
combustible growth.
Exception: Single specimens of trees, ornamental shrubbery or cultivated
ground cover such as green grass, ivy, succulents or similar plants used as
ground covers, provided that they do not form a means of readily transmitting
fire.
305.7 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 thirty (30) calendar days.
The notice shall state that the property owner is required to abate the fire hazard
and that if the hazard is not abated the City may take further action which can
include, (1) the City, or its contractor, may enter upon the parcel of land and
remove or otherwise eliminate or abate the hazard, (2) that upon completion of
such work the cost thereof, including administrative costs, can be billed to the
property owner or can become a special assessment against that parcel, and (3)
that upon City Council confirmation of the assessment and recordation of that
order, a lien may be attached to the parcel to be collected on the next regular
property tax bill levied against the parcel.
305.7.2 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.
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Failure of any property owner, or any party concerned to receive a notice shall
not affect the validity of any proceeding taken, if the procedure for service of
notice has been followed.
305.7.4 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-four (24) hours prior the abatement, the fire
code official shall attempt to contact the property owner to inform the property
owner of the work to be done and request their assistance or immediate
voluntary removal of the hazard. After the work is performed, the fire code official
shall post a notice and mail to the property owner information regarding the
nature of the work performed. Any individual aggrieved by the action of the fire
code official under this section, may appeal the determination of the action to the
Fire Chief, except that the appeal shall be filed within ten (10) calendar days from
the date of mailing the notice of work performed.
305.7.8 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
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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) calendar days after mailing of such notice or after a decision has
been rendered on any appeal, the property owner shall be billed. If unpaid, such
charges shall be placed as a special assessment on the tax bill for the property
pursuant to the procedures set forth in Section 38773.5 of the Government Code
which is incorporated herein by this reference.
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 307.4.2 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 319 Geological Surveys is added to read as follows:
SECTION 319 GEOLOGICAL SURVEYS
319.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
319.2 Geological surveys. The fire code official may require the submittal for
review and approval of geological studies, evaluations, reports, remedial
recommendations and/or similar documentation from a state -licensed and
department approved individual or firm, on any parcel of land to be developed
which:
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1. 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;
2. May contain or give off toxic, combustible or flammable liquids, gases, or
vapors; or
3. Modifications to existing systems.
9.04.050 Amendments to Chapter 5 Fire Service Features.
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 (6.1 m) and shall not be less than 26 feet (7.92 m)
within 30 feet (9.14 m) of a fire hydrant, except when the road passes through
approved security gates in accordance with Section 503.6. Roads shall have an
unobstructed vertical clearance of not less than 13 feet 6 inches (4.1 m).
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 (12.2 m) outside radius.
Exception: Cul-de-sacs with center obstructions may 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 200 feet
(60.96) 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 503.4 Obstructions of Fire Apparatus Access Roads is amended by adding
Section 503.4.2 to read as follows:
503.4.2 Policy. Any traffic calming devices in required access roadways when
approved by the fire code official, shall be in accordance with the Newport Beach
Public Works Department's Neighborhood Traffic Management Policy.
Section 503.6.1 is added to read as follows:
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503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across
fire apparatus access roads shall be in accordance with the Newport Beach Fire
Department Guidelines and Standards C.01 Emergency Fire Access: Roadways,
Fire Lanes, Gates, and Barriers. The minimum width of any gate or opening
necessary or required as a point of access shall be not less than 14 feet (4.27 m)
unobstructed width. This minimum width may be increased depending on the
length of the approach.
Section 505.1 Address identification is amended by adding Section 505.1.1 to read as
follows:
505.1.1 Premises Identification. All multi -unit residential and commercial
buildings shall have numbers or addresses placed above or immediately
adjacent to all doors that allow fire department access. In no case shall the
numbers be less than four inches (102 mm) in height with a one-half inch (51
mm) stroke.
Section 510.4 Technical Requirements is amended to read as follows:
510.4 Technical Requirements. Systems, components, and equipment
required to provide emergency responder radio coverage system shall comply
with Section 510.4.1 through 510.4.2.5 and the Newport Beach Fire Department
Guidelines and Standards D.05 Public Safety Radio System Coverage.
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 code 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
every fire control room and in other areas as may be designated by the fire code
office.
9.04.070 Amendments to Chapter 9 Fire Protection Systems.
Section 903.2 Where required is amended to read as follows:
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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 the area included within
surrounding exterior walls (or exterior and fire walls) exclusive of vent shafts and
courts. Areas of the building not provided with surrounding walls shall be
included in the building area if such areas are included within the horizontal
projection of the roof or floor above.
1. New buildings: Notwithstanding any applicable provisions of Sections
903.2.1 through 903.2.11, 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. An addition, where the increase in building size is 50% or more of
the existing building area and the resulting building area exceeds
5,000 square feet (465 m2).
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. An addition, where the increase in building size is 2,000 sq. ft. or
more and exceeds 50% of the area of the existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Section
903.3.1.2.2 to read as follows:
903.3.1.2.2 Alarms. Local waterflow alarms shall be provided on all 13 and 13R
sprinkler systems and shall be connected to the building fire alarm or water -flow
monitoring system where provided.
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Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows:
903.3.1.4 System design. NFPA 13 and 13R sprinkler systems design shall be
in accordance with Newport Beach Fire Department Guidelines and Standards
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, an indicating light shall be provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm system
capable of showing the approximate location of all activating devices.
Section 907.3 is amended by deleting Section 907.3.1 Exception 1:
Section 907.3.1 Duct smoke detectors Exception 1 is deleted in its entirety.
Section 912 Fire Department Connections is amended by adding Section 912.1.1,
amending 912.2 and Section 912.2.1 to read as follows:
912.1.1 Installation. The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be listed
assemblies. Fire department inlet connections shall be painted OSHA safety red
unless otherwise approved by the fire code official. When the fire flow demand of
a sprinkler system is 500 gpm or greater, including the interior hose stream
demand if a standpipe system is installed, four 2'/z" inlets shall be provided.
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,
and be no more than 100 feet (30.48 m) from a public hydrant. When possible,
the fire department connection shall be located 30 feet (9.14 m) minimum from
beginning of radius for driveway approach.
912.2.1 Visible Location. Fire department connections shall be located on the
address side of the building, fully visible and recognizable from the street or
nearest point of fire department vehicle access or as otherwise approved by the
Fire Chief.
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9.04.080 Amendments to Chapter 36 Marinas.
Section 3602.1 Definitions. The following term is defined in Chapter 2:
DOCK.
Section 3603.6 Berthing and storage is amended and Sections 3603.6.1 and 3603.6.2
are added to read as follows:
3603.6 Berthing and storage. Berthing and storage shall be in accordance with
Chapter 7 of NFPA 303 and this section.
3603.6.1 Multiple berthing and vessel rafting. All vessels in marinas shall be
arranged such that a vessel occupying a slip can be readily removed in an
emergency without the necessity of moving other vessels.
Exceptions:
1. Tenders or dinghies may be tied to a vessel's stern without the need of an
action plan providing the length of the tender or dinghy does not exceed
the width of the vessel's beam.
2. Vessels with beams of less than 14 feet are permitted to have a tender or
dinghy, up to a maximum of 14 feet in length, tied to the vessel's stern.
3603.6.2 Permitted multiple berthing. A permit may be issued for multiple
berthing under the following conditions:
1. Multiple berthing occurs between the hours of 0700 to 1800. An action
plan must be developed by the applicant indicating:
a. How the vessels will be moved in the event of a fire.
b. The person is responsible for moving the vessels.
C. Where the vessels will be relocated to after 1800 hours.
d. How employee training and emergency communications are being
provided.
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
Guidelines and Standards A.10 Multiple Berthing and/or Rafting at Special
Events.
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Section 3604.1 General is amended to read as follows:
3604.1 General. Piers, marinas, wharves, docks, and floats serving boatyards,
hotels, yacht clubs, boat condominiums, docking facilities associated with
residential condominiums and multiple family residences with facilities for
mooring or servicing vessels, and marine motor vehicle fuel dispensing stations
shall be equipped with fire protection equipment in accordance with Sections
3604.2 through 3604.6.
Section 3604.2 Standpipes is amended to read as follows:
3604.2 Standpipes. When any portion of a pier, marina, wharf, dock, or float is
more than 150 feet from a fire apparatus access road, it shall be equipped with a
Class III standpipe system installed in accordance with NFPA 303 and Newport
Beach Fire Department Guidelines and Standards F.01. Fire Protection for
Marinas, Wharfs, and Piers.
9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 has been deleted and amended to read as follows:
69XtI[dk,KPI'Ti■:1=IrDI01[67'to] 0-1:i1b9:1a:To]iA&I1:1110101N*i
4901.1 Scope. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within a designated Hazard Reduction Zone or Local
Agency Very High Fire Hazard Severity Zone shall comply with the requirements
of this Chapter to mitigate the conditions where vegetative fuels may readily
transmit fire to buildings and threaten to destroy life, overwhelm fire suppression
capabilities, or result in large property losses.
4901.2 Purpose. The purpose of this code is to provide minimum vegetative
maintenance standards to reduce the severity of exterior wildlife exposure to
buildings, and to decrease the exposure from a building fire to the wildland-urban
interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be responsible for
modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones and Local Agency Very
High Fire Hazard Severity Zones located within the City of Newport Beach.
SECTION 4902 DEFINITIONS
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4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, and
Local Agency Very High Fire Hazard Severity Zones not in compliance with the
respective guidelines shall constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall
be maintained in accordance with the approved plan and the City of Newport
Beach Fire Department Guidelines and Standards G.02 "Fuel Modification Plans
and Maintenance Standard."
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone
shall be maintained in accordance with the City of Newport Beach Fire
Department Guidelines and Standards G.01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD
REDUCTION ZONES AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of the
California Building Code and other relevant sections of the California Building
Code, all new construction and existing structures that are increased in size by
2,000 square feet or more and exceed 50% of the area of the existing structure
located on parcels of land within the City of Newport Beach Hazard Reduction
Zone and Local Agency Very High Fire Hazard Severity Zones shall be built in
accordance with the regulations found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief shall have the authority to designate all
Hazard Reduction Zones, and the City Council shall adopt, by ordinance, the
Local Agency Very High Fire Hazard Severity Zone pursuant to Government
Code Section 51179(a).
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4904.3 Fuel Modification Requirements for New Construction. All new
structures located on parcels of land which are designated Hazard Reduction
Zones or Local Agency Very High Fire Hazard Severity Zones shall comply with
this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or more and
exceed 50% of the area of the existing structure located on parcels of land which
are designated Hazard Reduction Zones or Local Agency Very High Fire Hazard
Severity Zones shall comply with this section.
4904.3.2 Plans. Fuel modification plans shall be submitted to and approved by
the fire code official prior to the issuance of a building permit. The plans shall be
developed using the criteria set forth in the Newport Beach Fire Department
Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance
Standard."
4904.3.3 Alterations. The fuel modification plan may be altered if conditions
change. Any alterations to the fuel modification plan shall be approved by the fire
code official.
4904.3.4 Issuance of grading or building permits. No grading permit or
building permit shall be issued for new and qualifying additions to existing
structures prior to approval by the Fire Department of the submitted fuel
modification plan as required by this section.
4904.3.5 Street widths. The minimum width of private and public streets shall
not be less than 28 feet (8.53 m). Private streets and driveways serving no more
than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be
less than 24 feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the requirements of
Section 7A of the California Building Code shall not be less than three feet (.915
m) from an adjacent property line. Areas shall be maintained free of obstructions
at all times.
Exception: Refuse cans for residential use..
4905.2 Combustible construction prohibited. No attached or detached
buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or
placed in the 20 foot Zone A setback, as described in the City of Newport Beach
Fire Department Guidelines and Standards G.02 "Fuel Modification Plans and
Maintenance Standard" unless completely constructed of non-combustible
materials.
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SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONE MAP
4906.1 Map. The Fire Chief shall cause an official map of the Hazard Reduction
Zones to be prepared. The City Council shall adopt by ordinance a map of the
Local Agency Very High Fire Hazard Severity Zones. These maps shall be
reviewed, updated or amended as deemed necessary.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4907.1 Equipment prohibited without a spark arrestor. Except as otherwise
provided in this section, no person shall use, operate, or cause to be operated,
in, upon or adjoining Local Agency Very High Fire Hazard Severity Zones, any
internal combustion engine which uses hydrocarbon fuel, unless the engine is
equipped with a spark arrestor as defined in Section 4908.3 of the Fire Code and
maintained in effective working order, or the engine is constructed, equipped and
maintained for the prevention of fire pursuant to Section 4908.4 of the Fire Code.
4907.2 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.
4907.3 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.
4907.4 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 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE
HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief shall determine and publicly announce when
Local Agency Very High Fire Hazard Severity Zones shall be closed to entry and
when such areas shall again be opened to entry. Entry on and occupation of
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Local Agency Very High Fire Hazard Severity Zones, except public roadways,
inhabited areas or established trails and camp sites which have not been closed
during such time when the Local Agency Very High Fire Hazard Severity Zone is
closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very High
Fire Hazard Severity Zones and their invitees and guests going to or being
upon their lands.
2. Entry in the course of duty by peace or police officers, other duly
authorized public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other
devices, machines or processes liable to start or cause fire shall not be operated
or used in or upon Local Agency Very High Fire Hazard Severity Zones, except
by permit from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet (914
m) from grass or brush covered areas.
Flame -employing devices, such as lanterns or kerosene road flares, shall not be
operated or used as a signal or marker in or upon a Local Agency Very High Fire
Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OUTDOOR FIRES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4910.1 General. Outdoor fires shall not be built, ignited or maintained in or upon
Local Agency Very High Fire Hazard Severity Zones and hazard reduction
zones, except by permit from the fire code official.
Exception: Fires located within the property boundary of inhabited premise or
designated campsites where such fires are built in a permanent barbeque,
portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30
feet (9.14 m) from grass or brush covered areas.
Permits shall incorporate such terms and conditions which will reasonably
safeguard public safety and property. Outdoor fires shall not be built, ignited or
maintained in or upon Local Agency Very High Fire Hazard Severity Zones or in
hazard reduction zones under the following conditions:
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I . When surface wind speeds are sustained at 20 MPH or wind gusts exceed
25 MPH.
2. When a person age 18 or over is not present at all times to watch and
tend such fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor
fireplaces or grills shall not be used for the disposal of rubbish, trash, or
combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in Local Agency
Very High Fire Hazard Severity Zones or hazard reduction zones shall only use
natural gas or propane fuel. Combustible solid fuels are prohibited regardless if
a spark arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good
repair and in a safe condition at all times. Openings in such appliances shall be
provided with an approved spark arrester, screen, lid, or door.
9.04.100 Amendments to Chapter 50 Hazardous Materials—General
Provisions.
Section 5003.12 Outdoor Control Areas is amended by adding item No. 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 5004.1 Scope is amended by adding Section 5004.1.1 to read as follows:
5004.1.1 Maximum quantity on site. No person shall use or store any amount
of Extremely Hazardous Substances (EHS) equal to or greater than the
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, unless approved mitigation measures are implemented and
maintained, as required by the fire code official.
9.04.110 Amendments to Chapter 56 Explosives and Fireworks.
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Section 5601.1 Scope is amended and Sections 5610 and 5611 are added to read as
follows:
5601.1 Scope. Manufacture, possession, storage, sale, transportation and use
of explosive materials shall be in accordance with Chapter 56. 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 5610 FIREWORKS
5610.1 Fireworks 1 AG and fireworks 1.3G. No person shall store, use, sell,
possess, or handle fireworks 1.4G, (commonly referred to as "Safe and Sane")
and fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically
fired public display when permitted and conducted by a licensed pyrotechnic
operator.
5610.2 Seizure of fireworks. The fire code official and his/her agent 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 5611 STORAGE OF EXPLOSIVES AND BLASTING AGENTS
5611.1 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.
9.04.120 Amendments to Chapter 57 Flammable and Combustible Liquids.
Section 5704.2.11.2 is amended by adding No. 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 5706.4 Bulk plants or terminals is amended to read as follows:
5706.4 Bulk plants or terminals. Portions of properties where flammable and
combustible liquids are received by tank vessels, pipelines, tank cars or tank
vehicles and are stored or blended in bulk for the purpose of distributing such
liquids by tank vessels, pipelines, tank cars, tank vehicles or containers are
prohibited within the boundaries of the City of Newport Beach except as
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permitted by the fire code official. Approved installations shall comply with
Sections 5706.4.1 through 5706.4.10.4.
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:
B105.2 Buildings Other Than One -and Two- Family Dwellings. The minimum
fire flow and flow duration for buildings other than one -and two-family dwellings
shall be as specified in Table B105.1.
Exception: A reduction in required fire flow of up to 50 percent, as approved, is
allowed when the building is provided with an approved automatic sprinkler
system installed in accordance with Section 903.3.1. The resulting fire flow shall
not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed
duration as specified in Table 13105.1.
9.04.140 Local Agency Very High Fire Hazard Severity Zone
The City of Newport Beach designates those areas identified in green on the
map attached to the ordinance codified in this section and on file with the City
Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in
accordance with Section 51179 of the California Government Code.
SECTION 2. The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
SECTION 3. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 4. The City Council finds the approval of 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. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
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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 pursuant to City
Charter Section 414.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 12th day of November, 2013, and was adopted on
the 26th day of November, 2013, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MA
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
KEITH D. CURRY
21
+krusa
Chapter 9.04
FIRE CODE
Sections:
9.04.010 Adoption of the 2010 2013 California 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 4036 Marinas.
9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire
Areas.
9.04.100 Amendments to Chapter 2-750 Hazardous Materials—General Provisions.
9.04.110 Amendments to Chapter 3356 Explosives and Fireworks.
9.04.120 Amendments to Chapter 3457 Flammable and Combustible Liquids.
9.04.130 Amendments to Appendix BFire-Flow Requirements for Buildings.
9.04.140 Local Agency Very High Fire Hazard Severity Zone.
9.04.010 Adoption of the 29102013 California Fire Code. and the 2009 I...,,Matienal Fore
Oorip
There is hereby adopted by the City and incorporated herein by reference into this chapter,
those certain codes known as the "'^}^'^^+i^^^I Fire Ged 2009 Editi ,., RRd the California Fire
Code 20102013 Edition," and the whole thereof including Appendices B, C, E, F, G.1 and 1K
therein, errata issued during and after publishing date, and the aGGE)RipaRyiRg Rtemati
Fir ^ Qndp Rt;;Rdards save and except such portions as are hereinafter deleted, added or
amended which shall collectively be known as the "Newport Beach Fire Code." One 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 103.2 Appointment is amended to read as follows:
Section 103.2 Appointment. The fire code official shall be appointed by the chief
appointing authority of the jurisdiction.
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.
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--
Section 105.5 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 107 9107.5 Overcrowding is amended by adding Section 107 9 4107.5.1 to read as
follows:
107 A 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.
::mrvvc
Section 109.4 Violation penalties is amended by deleting Section 109.4 in its entirety.
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 following definitionsdefinitiea-ef
"Q11 do Rad' „nd deletiRg the defiRitiG , of "High Rise gull d;Rg" and amending it to read as
follows:
CUL-DE-SAC: is-aA street, closed at one end, with a circular terminus at the closed end
to allow vehicles to turn around.
27 of 68
DEFENSIBLE SPACE: Defensible space is an area either natural or man-made, where
plant materials and natural fuels have been treated, reduced, or modified to slow the
rate and intensity of an advancing wildfire, and to create an area for firefighters to
suppress fire and protect structure(s).
DOCK: A structure linked to the shoreline to which a vessel may be secured. A dock
may be fixed to the shore or fixed on pilings, or may float in the water.
FUEL MODIFICATION PLAN: An approved plan which identifies specific fuel
modification zones within a property are subject to fuel modification. Fuel modification
plans show the area and location of all hardscapelsoftscape improvements and fuel
modifications necessary to achieve the minimum acceptable level of risk to structures
from fires in combustible vegetation
FUEL MODIFICATION ZONE: A specific area where veaetation has been removed
planted, or modified in conjunction with an approved fuel modification plan that
increases the likelihood that a structure will survive a wildfire, improve the defensible
space around the structure for firefighting activities, and prevents direct flame contact
with structures. Vegetation includes native and ornamental plants, non-native
naturalized annual grasses, and other invasive or naturalized species. Fuel modification
activities can include removal, partial or total replacement of existing plants with
adeauatelv spaced drouaht-tolerant and fire-resistant species. and thinnina of existina
native or ornamental species
HAZARD REDUCTION ZONE: Any geographical area designated by the Fire Chief in
which structures directly abut a wildland space on one or more sides.
11•ZNi3W_[C7=IkiIWAVJ=IWd:1 cc] :IylN =1111:r_rlftl:411&1zkyj=IN11&Ikel,INi_ . -=03i1Gf7F7i— 7
designated in accordance with the California Government Code Section 51179, and by
City of Newport Beach ordinance, which contains the type and condition of vegetation,
topography, climate and structure density which potentially increases the possibility of
uncontrolled fire spread through vegetative fuels threatening life or property. For the
purposes of this code, Local Agency Very High Fire Hazard Severity Zones shall be
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considered to be Very High Fire Hazard Severity Zones as defined in Government Code
Section 51179.
WILDLAND: An area of unimproved property with vegetative fuels in which
development is essentially nonexistent, except for roads, railroads, power lines and
similar facilities.
WILDLAND FUELS: Any combustible material in a wildland area.
WILDLAND-URBAN INTERFACE AREA: A geographical area where improved
Property intersects with wildland or vegetative fuels.
9.04.040 Amendments to Chapter 3 General Precautions Against Fire.
Section 305 Ignition Sources is amended by adding Sections 305.5, 305.6, and 305.7 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 mai) of a chimney outlet,
shall be cut down and removed by the property owner, ar E)66up^^f of the .,.,,Mise
Vegetation modification a requirements in 4pban-wildland-urban interface areas
shall be in accordance with Chapter 49 of this code.
305.6 GlearaneeClearance 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 freeo'ti^arzdof flammable vegetation and other
combustible growth. The fire ,.^a^ „ff,,.;., ' , AnFizpd te enter upon to do .
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 thin 30 calendar days.
The notice shall state that the property owner is required to abate the fire hazard and
that if the hazard is not abated the City may take further action which can include, (1)
the City, or its contractor, may enter upon the parcel of land and remove or otherwise
eliminate or abate the hazard, (2) that upon completion of such work the cost thereof,
including administrative costs, can be billed to the property owner or can become a
special assessment against that parcel, and (3) that upon City Council confirmation of
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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
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then cause such work to be done to the extent necessary to eliminate the hazard. At
least twenty-four (24) hours prior the abatement, the fire code official shall attempt to
contact the property owner to inform the property owner of the work to be done and
request their assistance or immediate voluntary removal of the hazard. After the work is
performed, the fire code official shall post a notice and mail to the property owner
information regarding the nature of the work performed. Any individual aggrieved by the
action of the fire code official under this section, may appeal the determination of the
action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar
days from the date of mailing the notice of work performed.
305.7.8 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) calendar days after mailing of such notice or after a decision has been rendered on
any appeal, the property owner shall be billed. If unpaid, such charges shall be placed
as a special assessment on the tax bill for the property pursuant to the procedures set
forth in Section 38773.5 of the Government Code which is incorporated herein by this
reference.
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.
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Section 307.4.2 Recreation fires is amended by adding Section 307.4.2.1 to read as follows:
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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 348319 Geological Surveys is added to read as follows:
SECTION 348319 GEOLOGICAL SURVEYS
348 1319.1 General. Development on or near land containing or emitting toxic,
combustible or flammable liquids, gases, or vapors.
318 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:
AJ. 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;
B2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors;
or
G3. Modifications to existing systems.
9.04.050 Amendments to Chapter 5 Fire Service Features.
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 (6+6.1 m) and shall not be less than 26 feet (7.92 m) within
30 feet (9.14 m) of a fire hydrant, except when the road passes through approved
security gates in accordance with Section 503.6. Roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches (^ "4.1 m).
Section 503.2.4 Turning Radius is amended to read as follows:
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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,'gym 12.2 m) outside radius.
Exception: Cul-de-sacs with center obstructions wW ay 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 459200 feet
(60.96) 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 503.4 Obstructions of Fire Apparatus Access Roads is amended by adding Section
503.4.2 to read as follows:
503.4.2 Policy. Any traffic calming devices in required access roadways when
approved by the fire code official, shall be in accordance with the Newport Beach Public
Works Department's Neighborhood Traffic Management Policy.
Section 503.6.1 is added to read as follows:
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503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across
streets fire apparatus access roads shall be in accordance with the Newport Beach Fire
Department Guidelines and Standards C.01 Emergency Fire Access: Roadways, Fire
Lanes, Gates, and Barriers. The minimum width of any gate or opening necessary or
required as a point of access shall be not less than 14 feet (4.27 m) unobstructed width.
This minimum width may be increased depending on the length of the approach.
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Section 505.1 Address identification is amended by adding Section 505.1.1 to read as follows:
WI 111111
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505.1.1 Premises Identification. All multi -unit residential and commercial buildings shall
have numbers or addresses placed above or immediately adjacent to all doors that
allow fire department access. In no case shall the numbers be less than four inches
(102 mm) in height with a one-half inch (51 mm) stroke.
Section 510.4 Technical Requirements is amended by ^�'� RgSeetier}
506 1.2 to read as follows:
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510.4 Technical Requirements. Systems, components, and equipment required to
provide emergency responder radio coverage system shall comply with Section 510.4.1
through 510.4.2.5 and the Newport Beach Fire Department Guidelines and Standards
D.05 Public Safety Radio System Coverage.
Section 511 Building Information is added to read as follows:
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510.4 Technical Requirements. Systems, components, and equipment required to
provide emergency responder radio coverage system shall comply with Section 510.4.1
through 510.4.2.5 and the Newport Beach Fire Department Guidelines and Standards
D.05 Public Safety Radio System Coverage.
Section 511 Building Information is added to read as follows:
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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
code 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 fn e!!E) Rg
leeatlens:even/ fire control room and in other areas as may be designated by the fire
code office.
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 gre bu4diT,gthe area easlesedincluded within
surrounding exterior walls -dor exterior and fire walls) exclusive of vent shafts and
courts. Areas of the building not provided with surrounding walls shall be included in
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the building area if such areas are included within the horizontal prosection of the roof or
floor above.
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1
through 903.2.11, an automatic fire -extinguishing system shall also be
installed in all occupancies when the total building area exceeds 5,000 square
feet (465 mz), 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. `^, 4ien4heAn addition,. and ^r r^^^^^+ruGtk ^where the increase in building
size is 505/o or more of the existing building area and the resulting building
area exceeds 5,000 square feet (465 mz).
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 `^f"^^ ^ ^'''^^ Rnd nst.,,^+^^ An addition, where the increase in
building size is 2,000 sq. ft. or more and exceeds 50% of the area of the
existing structure.
b. An addition, when the existing building is already provided with an
automatic sprinkler system.
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Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Section
903.3.1.2.2 and°^oto read as follows:
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Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows:
903.3.1.4 System design. NFPA 13 and 13R sprinkler systems design shall be in
accordance with Newport Beach Fire Department Guidelines and Standards 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, ttaean indicating light shall be '^^^'^ ' at ^ '^^^'i^^ desigRated by the `ire Gede
eff+eia provided and plainly visible.
Exception: Smoke detectors installed with an addressable alarm system capable of
showing the approximate location of all activating devices.
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Section 907.3 is amended by deleting Section 907.3.1 Exception 1:
Section 907.3.1 Duct smoke detectors Exception 1 is deleted in its entirety.
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Section 912 Fire Department Connections is amended by adding Section 912.1.1, aad
amending 912.2 te read as fellewsL and Section 912.2.1 to read as follows:
912.1.1 CORfigWatien Installation.
minimum of finis_ 2 1/2" inln+c Tho Irmo+inn droll he o ,ed and he ne more than 1 Fin
feet (45 .72 m) from a .,UbliG h.,.l..,..+ The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be listed
assemblies. Fire department inlet connections shall be painted OSHA safety red unless
otherwise approved by the fire code official. When the fire flow demand of a sprinkler
system is 500 qpm or greater, including the interior hose stream demand if a standpipe
system is installed, four 2'/z" inlets shall be provided.
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Iff VA
Section 912 Fire Department Connections is amended by adding Section 912.1.1, aad
amending 912.2 te read as fellewsL and Section 912.2.1 to read as follows:
912.1.1 CORfigWatien Installation.
minimum of finis_ 2 1/2" inln+c Tho Irmo+inn droll he o ,ed and he ne more than 1 Fin
feet (45 .72 m) from a .,UbliG h.,.l..,..+ The size of piping and the number of inlets shall be
approved by the fire code official. All fire department connections shall be listed
assemblies. Fire department inlet connections shall be painted OSHA safety red unless
otherwise approved by the fire code official. When the fire flow demand of a sprinkler
system is 500 qpm or greater, including the interior hose stream demand if a standpipe
system is installed, four 2'/z" inlets shall be provided.
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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..., and be no more than 100
feet (30.48 m) from a public hydrant. When possible, the fire department connection
shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway
approach.
912.2.1 Visible Location. Fire department
streetaddress side of the building, fully visible
nearest point of fire department vehicle access
Chief.
9.04.080 Amendments to Chapter 4336 Marinas.
connections shall be located on the
and recognizable from the street or
or as otherwise approved by the Fire
Section 45 23602.1 Definitions. is aM8Rded by addiRg the ,sof'^'r,,,., „f "Der -k" to read as
fol'Aws:The following term is defined in Chapter 2:
DOCK.
Section 4693:3603.6 Berthing and storage is amended and Sections 450343603.6.1 and
4593.6.23603.6.2 are added to read as follows:
4303.63603.6 Berthing and storage. Berthing and storage shall be in accordance with
Chapter 7 of NFPA 303 and this section.
4303 6.43603.6.1 Multiple berthing and vessel
arranged such that a vessel occupying a slip can
without the necessity of moving other vessels.
Exceptions:
rafting. All vessels in marinas shall be
be readily removed in an emergency
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1. Tenders or dinghies may be tied to a vessel's stern without the need of an action
plan providing the length of the tender or dinghy does not exceed the width of the
vessel's beam.
2. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy,
up to a maximum of 14 feet in length, tied to the vessel's stern.
45^.23603.6.2 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. WtaeThe person 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 dDepartment Guidelines and
Standards A.10 Multiple Berthing and/or Rafting at Special Events.
Section 4504.13604.1 General is amended to read as follows:
4304.13604.1 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 459423604.2 through 4594 63604.6.
Section 4504.23604.2 Standpipes is amended to read as follows:
4504.2 604.2 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 Guidelines and Standards F.01. Fire Protection for Marinas, Wharfs, and
Piers.
9.04.090 Amendments to Chapter 49 Requirements for Wildland-Urban Interface Fire
Areas.
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Chapter 49 has been deleted and amended to read as follows:
SECTION 4901 C-LEAR4NCEREDUCTION OF BRUSH FROM STRUCTURES
4901.1 Oener�alScope. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within or adjaeent to a designated Speeia, F,,^ RFE)t GtiE)^
Area(s) Reduction Zone or Local Agency Very High Fire Hazard Severity
Zone shall comply with the requirements of this Chapter 4-9to mitigate the conditions
where vegetative fuels may readily transmit fire to n ^+^i^ ^ def—sible ^^^^^ buildings
and threaten to pr^+^^+ structures ;+k;- c^^^; -I Fire or„+„^+.,^ Areas destroy life,
overwhelm fire suppression capabilities, or result in large property losses.
4901.2 Purpose. The purpose of this code is to provide minimum vegetative
maintenance standards to reduce the severity of exterior wildlife exposure to buildings,
and to decrease the exposure from a building fire to the wildland-urban interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be responsible for modifying or
removing non -fire resistive vegetation.
These regulations apply to all paFGels e,f land Hazard Reduction Zones and Local
Agency Very High Fire Hazard Severity Zones located within the City of Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF BEFENS-1-81-€SPAG€FUEL MODIFICATION
ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES
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DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF BEFENS-1-81-€SPAG€FUEL MODIFICATION
ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES
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4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, and Local
Agency Very High Fire Hazard Severity Zones not in compliance with the respective
guidelines shall constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall be
maintained in accordance with the approved plan and the City of Newport Beach Fire
Department Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance
Standard."
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4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone shall be
maintained in accordance with the City of Newport Beach Fire Department Guidelines
and Standards G.01 "Hazard Reduction Zones."
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SECTION 49054904 CONSTRUCTION REQUIREMENTS FOR STRUCTURES
.A.^^'.AGENT TA SPECIA„-.1— FIRE P-ROT€CTITION—AR€ASWITHIN HAZARD
REDUCTION ZONES AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
480314904.1 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; .o ^^^wand Rdditeas teexisting structures that are increased
in size by 2,000 square feet or more and exceed 50% of the area of the existing
structure located on parcels of land a4jasePA-IGwithin the City of Newport Beach Sryesial
.-teeten AFeas, whieh 6reetly abut wildland space OF a designated fuel
mod0fip2tion side,.-; Hazard Reduction Zone and Local Agency Very
High Fire Hazard Severity Zones shall be built in accordance with the regulations found
in Section 4904 and 4905 of this code.
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4905.3 904.2 Authority. The Fire Chief shall have the authority to designate all Spee+al
nre Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to
Government Code Section 51179(a).
498344904.3 Fuel Modification Requirements for New Construction. All new an4
^,gid—structures located on parcels of land which are designated Hazard
Reduction Zones or Local Aaencv Very Hiah Fire Hazard Severitv Zones shall comDly
.rGrS1:s=r.S7:7T.lLitrsa�'nnT:a_r_er,:�V:T7�ME9f7Or."M V.9:W.ntI
4904.3.1 Fuel Modification Reauirements for Additions to Existina Structures. All
additions to structures that are 2,000 square feet or more and exceed 50% of the area
of the existing structure located on parcels of land which are designated Hazard
Reduction Zones or Local Aaencv Very Hiah Fire Hazard Severitv Zones shall comDly
with this section
4905.4.1 904.3.2 Plans. Fuel modification plans shall be submitted to and approved by
the fire code official prior to the issuance of a gra44agbuilding permit. The plans shall be
developed using the criteria set forth in the Newport Beach Fire Department Guidelines
and Standards G.02 "Fuel Modification Plans and Maintenance Standard."", i'�'� l nesfA
W oldland FiFe LJazaFd areas
4905 434904.3.3 Alterations. The fuel modification plan may be altered if conditions
change. Any alterations to the fuel modification plan shall be approved by the fire code
official.
490354904.3.4 Issuance of grading or building permits. No grading permit or
building permit shall be issued for new and ;^^^^tedgualifying additions to existing
structures prior to the submittal ^^,+ approval by the Fire Department of pfe44m4iaFythe
submitted fuel modification plans as required by this section.
4905.64904.3.5 Street widths. The minimum width of private and public streets shall
not be less than 28 feet (8.53 m). Private streets and driveways serving no more than
three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24
feet (7.32 m) in width.
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SECTION 49064905 BUILDING CONSTRUCTION FEATURES
4906 14905.1 Proximity to property lines. New _RRd r^^^^^tr„nte,t structures built to
the requirements of Section 7A of the California Building Code shall tae -not be less than
fivethree feet (1 524 x; m.915 m) from an adjacent property line. Areas shall be
maintained free of obstructions at all times.
Exception: Refuse cans for residential use. F.,terier walls with e s fani^^
exter'E)re side of the wall is nstr eted of ignitien Fes'stant material ene he r fire
re dant r heavy timber n nstn intim
R.
4906 24905.2 Combustible construction prohibited.in 20feet A" Zero 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 MAdif'nat'nn ZePv8_Zone A
setback, as described in the City of Newport Beach Fire Department Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standard" unless completely
constructed of non-combustible materials.
SECTION 49974906 SPECIAL FIRE PROTECTION ,A , REAS/HAZARD REDUCTION
ZONE/LOCAL AGENCY VERY HIGH FIRE HAZARD SVERITY ZONE MAP
490714906.1 Map. The Fire Chief shall cause an official map of the SpeGial Fire
PFateetiORArea Hazard Reduction Zones to be prepared. The City Council shall adopt
by ordinance a map of the Local Agency Very High Fire Hazard Severity Zones. to be
p;�. These maps shall be reviewed, and updated or amended e^ a tie
baoio e n fre^„en+l., as deemed necessary. Whee a pFepert„ i .,,.I„ded frem a
Fire Dretentie.n Area/ /eny High Fire Hazard Severity Tenn, the Fire Chief shall n
the Seeeial Fire Preteetiea Area/Ver.. High Fire Hazard Severity Zane map to be
nrlerl to rnflnnt s nb nvnlnsinn n arl rlitinn
SECTION 49094907 USE OF EQUIPMENT INSPECIAl CICO PROTECTION AREAS
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
490214907.1 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 aRy hazaFde,.s fire area Local Agency Very High Fire Hazard Severity
Zones, any internal combustion engine which uses hydrocarbon fuels, unless the
engine is equipped with a spark arrestor as defined in Section 49994908.3 of the Fire
Code and maintained in effective working order, or the engine is constructed, equipped
and maintained for the prevention of fire pursuant to Section 49994908.4 of the Fire
Code.
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4908:24907.2 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.
499834907.3 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.
49084907.4 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 49094908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE
HAZARDOUS SEVERITY ZONESFIRE AREAS
4909.1 908.1 General. The Fire Chief shall determine and publicly announce when
h�;�rdA—s f rp a%asLocal Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry. Entry on and
occupation of Local Agency Very High Fire Hazard Severity Zones, hA;ZAFdeus fire
aTeas, except public roadways, inhabited areas or established trails and camp sites
which have not been closed during such time when the f"^ ^r^^Local
Agency Very High Fire Hazard Severity Zone is closed to entry, is prohibited.
Exceptions:
1.A: Residents and owners of private property within hazardous fire ^ easLocal
Agency Very High Fire Hazard Severity Zones and their invitees and guests
going to or being upon their lands.
2.B-. Entry in the course of duty by peace or police officers, aad-other duly authorized
public officers, and members of a fire department., ^^(J membeFs Of the l^+^d-
States Forest SeMGe.
50 of 68
I, GTS reitIN
SECTION 49424909 OPEN FLAME DEVICES IN uA7AR—DO S FIRE AREAS LOCAL
AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
4942x4909.1 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 hazarde-:s fire areasLocal Agency Very High Fire Hazard Severity Zones, except
by permit from the fire code official.
Exception: Use within habited premises which are a minimum
of 30 feet (O1 ^x„914 m) from grass , graiR or brush, er fere6r_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 hazardaws fire areas -.g Local Agency
Very High Fire Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 49434910 OUTDOOR FIRES IN H'A7' A'RD01I�EAREASLOCAL
AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD
REDUCTION ZONES
494344910.1 General. Outdoor fires shall not be built, ignited or maintained in or upon
hpvzAr n, Is fir ^ ^^^ Local Agency Very High Fire Hazard Severity Zones and hazard
reduction zones, except by permit from the fire code official.
Exception: 9atdeep4Fires located within habited pFemises the property boundary of
inhabited premise or designated campsites where such fires are built in a permanent
51 of 68
barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum
of 30 feet (°' ^� T4 , „ g.14 m) from a -grass , graiR , or brush- Ar forest --covered areas.
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 hazaF ous fi.^ aFea Local Agency Very High Fire Hazard Severity Zones or in
hazard reduction zones under the following conditions:
1.A: ` hE?R high •• iRds ^F^ b'^• '^^,When surface wind speeds are sustained at 20
MPH or wind gusts exceed 25 MPH.
2.B-. When a person age 18 or over is not present at all times to watch and tend such
fire. --Gr
3.G When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor
fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible
waste material.
SECTION 49444911 RECREATIONAL FIRES IN SR€CIAL FIRE PROTECTION
AREASLOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES
4944.1 911.1 General. Recreational fires ^hal be built, installed, or maintained in
or„to^t,^^ Areas; Local Agency Very High Fire Hazard Severity Zones or
hazard reduction zones shall only use natural gas or propane fuel. w+theutprier
Combustible solid fuels are prohibited iR speGia; fiFe
protection areas, only natural gas eF pFepane flame is alk;wpd regardless if a spark
arrestor is utilized.
Outdoor fireplaces, permanent barbeques, and grills shall be maintained
in good repair and in a safe condition at all times. Openings in such appliances shall be
provided with an approved spark arrester, screen lid or door.
9.04.100 Amendments to Chapter 27-50 Hazardous Materials—General Provisions.
Section "�P 5003.12 Outdoor Control Areas is amended by adding item No. 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.
52 of 68
Section 275004.1 Scope is amended by adding Section 27^x, 04T.15004.1.1 to read as
follows:
"^�4T45004.1.1 Maximum quantity on site. No person shall use or store any amount
of eExtremely #}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, unless
approved mitigation measures are implemented and maintained, as required by the fire
code official.
9.04.110 Amendments to Chapter 3356 Explosives and Fireworks.
Section 3301 15601.1 Scope is amended and Sections 33105610 and 33115611 are added to
read as follows:
3305601.1 Scope. Manufacture, possession, storage, sale, transportation and use of
explosive materials shall be in accordance with Chapter 3356. 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 33405610 FIREWORKS
334015610.1 Fireworks IIAG and fireworks 1.3G. No person shall store, use, sell,
possess, or handle fireworks 1 AG, (commonly referred to as "Safe and Sane") and
fireworks 1.3G anywhere in the City of Newport Beach.
Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired
public display when permitted and conducted by a licensed pyrotechnic operator.
3310.25610.2 Seizure of fireworks. The fire code official and his/her agent 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 33145611 STORAGE OF EXPLOSIVES AND BLASTING AGENTS
335611.1 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.
9.04.120 Amendments to Chapter 3457 Flammable and Combustible Liquids.
Section �z
°^^^ "5704.2.11.2 F'^m^-h'^ and Combustible"�'
', is amended by adding
"^�
No. 4 to read as follows:
53 of 68
4. The underground storage of flammable liquids shall be prohibited in any
residential district or any residential area of a planned community district, as
PGAR-b"Sh8 , iR T -41P 'redefined in Chapter 20.05 of the Newport Beach Municipal
Code.
Section 3406.45706.4 Bulk plants or terminals is amended to read as follows:
3406.45706.4 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 3486 445706.4.1 through
3496.4.10.45706.4.10.4.
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:
B105.2 Buildings Other Than One -and Two- Family Dwellings. The minimum fire
flow and flow duration for buildings other than one -and two-family dwellings shall be as
specified in Table B105.1.
Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed
when the building is provided with an approved automatic sprinkler system installed in
accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500
gallons per minute (5677.5 L/min.) for the prescribed duration as specified in Table
B105.1.
9.04.140 Local Agency Very High Fire Hazard Severity Zone
The City of Newport Beach designates those areas identified in green on the map attached to
the ordinance codified in this section and on file with the City Clerk as the Local Agency Very
High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the California
Government Code.
54 of 68
RESOLUTION NO. 2013—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY
OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE CALIFORNIA FIRE
CODE AS REASONABLY NECESSARY.
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same or modified or
changed requirements as are contained in the regulations adopted by the State pursuant to
Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section
17922 to impose the same requirements as are contained in the 2013 California Fire Code
based on the 2012 International Fire Code of the International Code Council; and
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of local
climatic, geographic, or topographic conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council,
before making any modifications or changes pursuant to Section 17958.5, make express
findings that such changes or modifications are needed due to local climatic, geographic, or
topographic conditions; and
WHEREAS, the Fire Chief has recommended that changes and modifications be made
to the Codes and has advised that these changes and modifications to the model codes are
reasonably necessary due to local conditions in the City of Newport Beach and has further
advised that the remainder of said changes and modifications are administrative or
procedural in nature.
NOW THEREFORE, the City Council of the City Of Newport Beach does hereby
RESOLVE as follows:
SECTION 1: The following changes and modifications to the 2013 Edition of the
California Fire Code as recommended by the Fire Chief are hereby found to be necessary
due to local climatic, geographic, or topographic conditions:
55 of 68
SECTION
JUSTIFICATION/EXPRESS FINDINGS
202 (Definitions)
a, b, c, d, e, f, g, h, i
305 (Ignition Sources)
a, b, c, i
307.4.2.1 (Recreational Beach Fires)
a, b, c, i
319 (Geological Surveys)
d, e, f, g, h
503.2.1 (Dimensions)
a, b, c, d, e, f, g, h
503.2.4 (Turning Radius)
a, b, c, d, e, f, g, h
503.2.5 (Dead Ends)
a, b, c, d, e, f, g, h
503.2.7 (Grade)
a, b, c, d, e, f, g, h
503.4.2 (Fire Apparatus Access Roads)
a, b, c, d, e, f, g, h
503.6.1 (Vehicle Access Gates)
a, b, c, d, e, f, g, h
505.1.1 (Premises Identification)
a, b, c, d, e, f, g, h
510.4 (Technical Requirements)
a, b, c, d, e, f, g, h
511.1 (Building Information)
a, b, c, d, f, h
604.2.15.2.2 (Emergency Power Outlets)
d, e, f
903.2 (Where Required)
a, b, c, d, e, f, g, h, i
903.2.8 (Group R)
a, b, c, d, e, f, g, h, i
903.3.1.2.2 (Alarms)
a, b, c, d, e, f, g, h, i
903.3.1.4 (System Design)
a, b, c, d, e, f, g, h, i
907.1.6 (System Design)
a, b, c, d, e, f, g, h, i
907.3.1 (Duct Smoke Detectors)
a, b, c, d, e, f, g, h, i
912.1.1 (Installation)
a, b, c, d, e, f, g, h, i
912.2 (Location)
a, b, c, d, e, f, g, h, i
912.2.1 (Visible Location)
a, b, c, d, e, f, g, h, i
3603.6 (Berthing and Storage)
e, f, g, h
3603.6.1 (Multiple Berthing)
e, f, g, h
3603.6.2 (Permitted Multiple Berthing)
e, f, g, h
3604.1 (General, Piers, Marinas)
e, f, g, h
3604.2 (Standpipes)
e, f, g, h
56 of 68
SECTION
JUSTIFICATION/EXPRESS FINDINGS
4901 (Reduction of Brush)
a, b, c, e, i
4902 (Definitions)
a, b, c, e, i
4903 (Maintenance of Fuel)
a, b, c, e, i
4904 (Construction Requirements)
a, b, c, e, i
4905 (Building Construction Features)
a, b, c, e, i
4906 (Hazard Reduction Zone)
a, b, c, e, i
4907 (Use of Equipment in Local Agency)
a, b, c, e, i
4908 (Restricted Entry to VHFHSZ)
a, b, c, e, i
4909 (Open Flame Devices)
a, b, c, e, i
4910 (Outdoor Fires in Local Agency)
a, b, c, e, i
4911 (Recreational Fires in Local Agency)
a, b, c, e, i
5003.12 (Outdoor Control Areas)
a, b, c, d, e, f, g, h
5004.1.1 (Maximum Quantity On Site)
a, b, c, d, e, f, g, h
5601.1 (Explosives and Fireworks)
a, b, c, i
5610 (Fireworks)
a, b, c, i
5611.1 (Storage of Explosives)
a, b, c, i
5704.2.11.2 (Flammable & Combustible)
a, b, c, i
5706.4 (Bulk Plants or Terminals)
a, b, c, i
8105.2 (Fire -Flow Requirements)
a, b, c, d, e, f, g, h, i
SECTION 2: Findings:
a. The City 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, will greatly impact the response time to reach
an incident scene.
b. Many areas of Newport Beach have significant growths of vegetation of a highly
combustible nature. Dry climatic conditions can create the potential for the rapid
spread of fire in both vegetation and structures. The addition of fire protection
systems will supplement the Fire Department response by providing immediate
protection for the building occupants and by containing or controlling the spread of
57 of 68
fire. Fire sprinkler systems also provide an efficient use of water for the control
and containment of fires and lessen the environmental impact of water runoff from
fire suppression activities.
C. The City, especially the foothill areas, is geographically located in an area
periodically subject to hot, dry, wind conditions of high velocity. The
topographical conditions of the foothill areas and canyons contained therein can
accelerate the periodic high velocity winds by means of a venturi effect.
Accordingly, pursuant to California Government Code Section 51179 and by City
ordinance, the City has designated these types of areas as Local Agency Very
High Fire Hazard Severity Zones. These zones identify the type of climate,
geography, and topography that potentially increase the possibility of uncontrolled
fire spread through vegetative fuels threatening life or property.
d. The City is located in a seismically active area. There are earthquake faults
that run along both the northeastern and southwestern boundaries of Orange
County. The Newport -Inglewood Fault Zone (NIFZ), which runs through Orange
County was the source of the destructive 1933 Long Beach earthquake (6.3
magnitude, hypocenter off Newport Beach coast) that claimed 120 lives and
damaged areas from Laguna Beach to Marina del Rey and inland to Whittier.
The NIFZ poses one of the greatest hazards to lives and property in the nation.
Regional planning for reoccurrence is recommended by the State of California,
Department of Conservation. There was also an earthquake in December 1989,
with the epicenter located near the City of Irvine. The fault on which this quake
occurred was unknown prior to this activity. The City contains hilly areas subject
to landslide and coastal areas subject to liquefaction.
e. The City is located in a seismically active area. The viability of the public water
system would be questionable at best after a major seismic event. This would
leave structures vulnerable to uncontrolled fires due to a lack of available
water and an inability to pump sufficient quantities of available water. 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.
f. The City is located in a low to moderate tsunami area. These seismic sea waves
have the ability to flood large sections of the low-lying areas. These flood
conditions also impact the response and activity level of the Fire Department.
g. The City contains low-lying coastal areas subject to flooding from sustained rain
with tide which hinders drainage to the bay. Certain other areas such as Balboa
Island are subject to water surges from drainage through the Back Bay. The
southern boundary of the City is along the Pacific Ocean. Winter storms and
tropical storms come into the City from the ocean. These storms can create high
winds and large ocean waves that can cause flooding in areas of the city.
58 of 68
h. Along part of the western boundary of the City is the Santa Ana River. This river
originates in the San Bernardino Mountains and flows through many communities
until it terminates in the ocean at the Huntington Beach/Newport Beach border.
The river is contained in a man-made channel. Heavy rainfall and urban runoff
has potential to cause flooding in the flood plain due to the river and/or its
tributaries. West Newport Beach is subject to flooding from the Santa Ana River.
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and the
expected infrastructure damage inherent in a seismic hazard zone, 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)
requirement for a given structure.
SECTION 3: A copy of this Resolution together with the Ordinances adopting the
City Codes shall be filed with the California Building Standards Commission and the
California Department of Housing and Community Development by the City Clerk of the
City of Newport Beach as required by State law (Health and Safety Code Section
17958.7).
SECTION 4: This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of November, 2013.
ATTEST:
Leilani I. Brown,
City Clerk
Keith D. Curry,
Mayor
5 59 of 68
NBMC
SECTION
CFC SECTION & TITLE
ACTION
COMMENTS
9.04.020
104.1.1
Existing
Grants authority to the fire code official overall
Sco a
No Chane
land and occupancies.
9.04.020
105.5.1
Existing
States that fire permit can be revoked by fire
(Permits)
No Change
code official if construction activity or process
not in compliance with codes.
9.04.020
111.4
Existing
States if work continues after stop work order
Failure to comply)
No Chane
issued, person liable for a fine.
9.04.030
202
Existing
Defines the term Dock.
Definitions
No Change
9.04.040
305.7.1
Existing
Grants authority to the fire code official to give
(Notice)
No Change
30 day notice to owner to abate the hazard or
further action will be taken.
9.04.040
305.7.2
Existing
Grants authority to the fire code official to
(Commencement of
No Change
order property owner to correct actions on
abatement proceedin s)
his/her findings.
9.04.040
305.7.3
Existing
Grants authority to the fire code official to give
(Service of notice)
No Change
15 day notice to owner to abate the hazard or
City will take action to abate fire hazard.
9.04.040
305.7.4
Existing
States owner may appeal fire code official's
A eal
No Chane
decision within 10 days of his/her notice.
9.04.040
305.7.5 (Abatement
Existing
States all hearings are heard by fire code
(Hearing Procedure)
No Change
official or fire chief who may impose decision
within 30 calendar days to owner.
9.04.040
305.7.6
Existing
Grants authority to City to do work if owner
(Private Property
No Change
doesn't comply within designated period.
Abatement
9.04.040
305.7.7
Existing
Grants authority to the fire code official to do
(Emergency Private Property
No Change
immediate work necessary to eliminate
Abatement)
hazard, post notice, appeal process within 10
calendar days of work performed.
9.04.040
305.7.8
Existing
Establishes all costs involved in the correction
Abatement Costs
No Chane
of substandard conditions and fire hazards.
9.04.040
305.7.9
Existing
Establishes the City has no limits or
(Other Abatement
No Change
restrictions to enforce its ordinances or
Procedures)
abatements.
9.04.040
307.4.2.1
Existing
States no person can have any beach, camp,
(Beach, Camp &
No Change
recreational fire any at public place within the
Recreational Fires)
city.
9.04.050
503.2.1
Existing
Establishes minimum widths and vertical
Dimensions
No Chane
clearance.
9.04.050
503.2.7
Existing
Establishes maximum road grade.
Grade
No Change
9.04.050
511.1
Existing
Grants authority to fire code official onsite
Buildin Information
No Chane
storage of preplans be accessible.
9.04.130
B105.2
Existing
Fire Flow Requirements for Buildings.
A endices
No Change
9.04.140
CFC/CBC references this
Existing
Defines the City's local agency very high fire
legislation.
No Chane
hazard severity zones VHFHSZ .
60 of 68
NBMC
SECTION
CFC SECTION & TITLE
ACTION
COMMENTS
9.04.020
103.2
Revises
Removes "for cause" language.
Appointment
Existing
9.04.020
107.6.1
Revises
Renumbers Section 107.6.1 to Section 107.5.1.
(Occupant Count)
Existing
Establishes places of assembly have occupant
count.
9.04.030
202
Revises
Terminology change: Defines Cul-de-sac,
(Definitions)
Existing
Defensible Space, Local Agency Very High Fire
Hazard Severity Zone.
9.04.040
305.5
Revises
Establishes vegetation requirements in wildland-
Ve etation
Existing
urban interface areas.
9.04.040
305.6
Revises
Revises Title Clearance of brush or vegetation
(Clearance of brush or
Existing
growth from roadways to Reduction of brush or
vegetation growth from
vegetation growth from roadways. Establishes
roadways)
requirements for remove of brush/vegetation
from roadways, vehicular pathways free of
flammable vegetation, and removes language
permitting the fire code official to enter upon
property to perform abatement activities.
9.04.040
318.1
Renumbered
Renumbers Section 318.1 to Section 319.1.
General
9.04.040
318.2
Renumbered
Renumbers Section 318.2 to Section 319.2.
(Geological surveys)
9.04.050
503.2.4
Revises
Establishes minimum turning radius.
Turnin Radius
Existing
9.04.040
503.4.2 (Traffic Calming
Revises
Establishes traffic calming policy; revises
Policy)
Existinq
Ian ua a consistent with the 2013 CFC.
9.04.050
503.6.1
Revises
Establishes minimum gate widths for fire access
Vehicle accessgates)
Existing
roads.
9.04.070
903.2
Revises
Defines "building area" in greater detail.
Where re wired
Existing
9.04.070
903.2.2 (Existing Buildings)
Revises
Removes the term "reconstruction."
Existing
9.04.070
903.2.8.2(Existing Buildings
Revises
Removes the term "reconstruction."
Group R)
Existing
9.04.070
903.3.1.4
Revises
Establishes NFPA 13 and 13R sprinkler systems
(System design)
Existing
design be in accordance with NBFD Guidelines
and Standards F.02 Fire Sprinkler System
Design Pressure.
9.04.070
907.1.6
Revises
Added exception provides greater flexibility for
S stem desi n
Existing
fully addressable alarms stems.
9.04.070
912.1.1
Revises
Revises title Configuration to Installation.
(Configuration)
Existing
Streamlines ordinance language; Consolidates
language.
9.04.070
912.2.1
Revises
Requires fire department connections be located
Visible location
Existing
on the address side of a building.
9.04.080
4502
Renumbered
Renumbers Section 4502.1 to Section 3602.1;
Definitions
Definitions moved to Chapter 2.
61 of 68
9.04.080
4503.6
Renumbered
Renumbers Section 4503.6 to Section 3603.6.
(Berthing and storage)
9.04.080
4503.6.1
Renumbered
Renumbers Section 4503.6.1 to Section
Multiple berthing)
3603.6.1.
9.04.080
4503.6.2
Renumbered
Renumbers Section 4503.6.2 to Section
(Permitted multiple
and Revises
3603.6.2; language modification.
berthing)
Existing
9.04.080
4504.1
Renumbered
Renumbers Section 4504.1 to Section 3604.1.
General
9.04.080
4504.2
Renumbered
Renumbers Section 4504.2 to Section 3604.2.
Standpipes
9.04.090
4901
Revises
Revises title Clearance of Brush from
(Clearance of Brush from
Existing
Structures to Reduction of Brush from
Structures)
Structures.
9.04.090
4901.1
Revises
Revises title General to Scope. Establishes
(General)
Existing
owner or property management maintaining
parcel of land designated Hazard Reduction
Zone or Local Agency are to mitigate the
conditions where vegetative fuels readily
transmit fire to structures.
9.04.090
4901.3
Revises
Requires owners or persons maintained
(General)
Existing
buildings or structures require defensible
spaces and regulations apply to all Hazard
Reduction Zones and Local Agency VHFHSZ;
removes Special Fire Protection Areas SFPA .
9.04.090
4902.1
Revises
Definition moved to Chapter 2; "Defensible
Definitions
Existing
Space" is revised.
9.04.090
4903
Revises
Revises title Maintenance of Defensible Space
(Maintenance of Defensible
Existing
to Maintenance of Fuel Modification Zones,
Space)
Hazard Reduction Zones, and Local Agency
Very High Fire Hazard Severity Zones;
Streamlines ordinance language.
9.04.090
4903.2
Revises
Revises Title Shrubs and Bushes to Fuel
(Shrubs and Bushes)
Existing
Modification Zone and establishes all elements
of fuel modification zone shall be maintained in
accordance with approved plan and Newport
Beach Fire Department Guidelines and
Standards G.02 Fuel Modification Plans and
Maintenance; streamlines ordinance language.
9.04.090
4903.3
Revises
Revises Title Ground Cover to Hazard
(Ground cover)
Existing
Reduction Zone and establish all elements of
the Hazard Reduction Zone be maintained in
accordance with Newport Beach Fire
Department Guidelines and Standards G.01
Hazard Reduction Zones; Streamlines
ordinance language.
9.04.090
4905
Renumbered
Renumbers Section 4905 to Section 4904;
(Construction Requirements
and Revises
revises title Construction Requirements for
for Structures Adjacent to
Existing
Structures Adjacent to Special Fire Protection
Special Fire Protection
Areas to Construction Requirements within
Areas)
Hazard Reduction Zones and Local Agency
Very High Fire Hazard Severity Zones;
62 of 68
9.04.090
4905.1
Revises
Renumbers Section 4905.1 to Section 4904.1;
(General)
Existing
revised by removing Special Fire Protection
Areas; adds Local Agency Very High Fire
Hazard Severity Zones and Hazard Reduction
Zones.
9.04.090
4905.3
Renumbered
Renumbers Section 4905.3 to Section 4904.2
(Authority)
and Revises
and establishes Fire Chief has authority to
Existing
designate all Hazard Reduction Zones and
Council shall adopt by ordinance the Local
Agency Very High Fire Hazard Severity Zone.
9.04.090
4905.4
Renumbered
Renumbers Section 4905.4 to Section 4904.3;
(Fuel Modification
and Revises
establishes all new structures in Hazard
Requirements for New
Existing
Reduction Zones or Local Agency Very High
Construction)
Fire Hazard Severity Zones subject to the fuel
modification requirements of this Chapter.
9.04.090
4905.4.1
Renumbered
Renumbers Section 4905.4.1 to Section
(Plans)
and Revises
4904.3.2 and requires plans be submitted and
Existing
approved by fire code official prior to issuance
of a building permit as set forth in Newport
Beach Fire Department Guidelines and
Standards G.02 Fuel Modification Plans and
Maintenance Standard.
9.04.090
4905.4.3
Renumbered
Renumbers Section 4905.4.3 to Section
Alterations
4904.3.3.
9.04.090
4905.5
Renumbered
Renumbers Section 4905.5 to Section
(Issuance of grading or
and Revises
4904.3.4, revises title Issuance of grading or
building permits)
Existing
building permits to Issuance of building permits;
and establishes no grading or building permit
be issued for new and qualifying additions to
existing structures prior to the approval by the
Fire Department of the fuel modification plan.
9.04.090
4905.6
Renumbered
Renumbers Section 4905.6 to Section
Street widths
4904.3.5.
9.04.090
4906
Renumbered
Renumbers Section 4906 to Section 4905.
(Building Construction
Features
9.04.090
4906.2
Renumbered
Renumbers Section 4906.2 to Section 4905.2.
(Combustible construction)
and Revises
Revises Title Combustible Construction to
Existing
Combustible Construction Prohibited and
establishes combustible construction prohibited
in Zone A setback as described in Newport
Beach Fire Department Guidelines and
Standards G.02 Fuel Modification Plans and
Maintenance Standard.
9.04.090
4907
Renumbered
Renumbers Section 4907 to Section 4906.
(Special Fire Protection
and Revises
Revises Title Special Fire Protection
Areas)
Existing
Areas/Very High fire Hazard Severity Zone Map
to Hazard Reduction Zone/Local Agency Very
High Fire Hazard Severity Zone Map.
9.04.090
4907.1
Renumbered
Renumbers Section 4907.1 to Section 4906.1.
(Map)
and Revises
Establishes official map is Hazard Reduction
Existing
Zones.
63 of 68
9.04.090
4908
Renumbered
Renumbers Section 4908 to Section 4907.
(Use of Equipment in
and Revises
Revises Title Use of Equipment in Special Fire
Special Fire Protection
Existing
Protection Areas to Use of Equipment in Local
Areas)
Agency Very High Fire Hazard Severity Zones
and Hazard Reduction Zones.
9.04.090
4908.1
Renumbered
Renumbers Section 4908.1 to Section 4907.1.
(Equipment prohibited
and Revises
Establishes no person operate equipment
without a spark arrestor)
Existing
without a spark arrestor upon a Local Agency
Very Hiah Fire Hazard Severity Zone.
9.04.090
4908.2
Renumbered
Renumbers Section 4908.2 to Section 4907.2.
Spark arrestor installation
9.04.090
4908.3
Renumbered
Renumbers Section 4908.3 to Section 4907.3.
S ark arrestor desi n
9.04.090
4908.4
Renumbered
Renumbers Section 4908.4 to Section 4907.4.
(Spark arrestor exemption
for vehicles)
9.04.090
4909
Renumbered
Renumbers Section 4909 to Section 4908.
(Restricted Entry to
and Revises
Revises Title Restricted Entry to Hazardous
Hazardous Fire Areas)
Existing
Fire Areas to Restricted Entry to Very High Fire
Hazardous Severity Zones.
9.04.090
4909.1
Renumbered
Renumbers Section 4909.1 to 4908.1.
(General)
and Revises
Establishes Fire Chief can determine and
Existing
announce Local Agency Very High Fire Hazard
Severity Zones be closed for residents and
private property within the Local Agency Very
High Fire Hazard Severity Zones.
9.04.090
4912
Renumbered
Renumbers Section 4912 to Section 4909.
(Open Flames in Hazardous
and Revises
Revises Title Open Flames Devices in
Fire Areas)
Existing
Hazardous Fire Areas to Open Flame Devices
in Local Agency Very High Fire Hazard Severity
Zones and Hazard Reduction Zones.
9.04.090
4912.1
Renumbered
Renumbers Section 4912.1 to Section 4909.1.
(General)
and Revises
Establishes equipment liable to start fire not be
Existing
operated or used in the Local Agency Very
High Fire Hazard Severity Zones and exception
would be from grass or brush covered areas.
9.04.090
4913
Renumbered
Renumbers Section 4913 to Section 4910.
(Outdoor Fire in Hazard Fire
and Revises
Revises Title Outdoor Fires in Hazardous Fire
Areas)
Existing
Areas to Outdoor Fires in Local Agency Very
High Fire Hazard Severity Zones and Hazard
Reduction Zones.
9.04.090
4913.1
Renumbered
Renumbers Section 4913.1 to Section 4910.1.
(General)
and Revises
Establishes outdoor fires prohibited in or upon
Existing
Local Agency Very High Fire Hazard Severity
Zones and hazard reduction zones.
9.04.090
4910.2
Revises
Establishes all barbeques, outdoor fireplaces or
(Prohibited Uses)
Existing
grills shall not be used for disposal of rubbish,
trash or combustible waste material.
64 of 68
9.04.090
4914
Renumbered
Renumbers Section 4914 to Section 4911.
(Recreational Fires in
and Revises
Revises Title Recreational Fires in Special Fire
Special Fire Protection
Existing
Protection Areas to Recreational Fires in Local
Areas)
Agency Very High Fire Hazard Severity Zones.
9.04.090
4914.1
Renumbered
Renumbers Section 4914.1 to Section 4911.1.
(General)
and Revises
Establishes recreational fires installed or
Existing
maintained in Local Agency Very High Fire
Hazard Severity Zones or hazard reduction
zones only use natural gas or propane fuel.
9.04.100
2703.1.2
Renumbered
Renumbers Section 2703.1.2 to Section
Outdoor Control Areas
5003.12.
9.04.100
2704.1
Renumbered
Renumbers Section 2704.1 to Section 5004.1.
(Scope)
9.04.100
2704.1.1
Renumbered
Renumbers Section 2704.1.1 to Section
(Maximum quantity on site)
and Revises
5004.1.1. Unless approved mitigation
Existing
measures are implemented and maintained by
fire code official, no storage of any EHS is
permitted in a residential zone.
9.04.100
3301.1
Renumbered
Renumbers Section 3301.1 to Section 5601.1.
(Scope)
9.04.100
3310
Renumbered
Renumbers Section 3310 to Section 5610.
Fireworks
9.04.100
3310.1
Renumbered
Renumbers Section 3310.1 to Section 5610.1.
(Fireworks 1.4G and
fireworks 1.3G
9.04.100
3301.2
Renumbered
Renumbers Section 3310.2 to Section 5610.2.
(Seizure of fireworks)
Establishes fire code official and his/her agency
has authorization to confiscate fireworks.
9.04.100
3311
Renumbered
Renumbers Section 3311 to Section 5611.
(Storage of Explosives and
Blasting Agents)
9.04.100
3311.1
Renumbered
Renumbers Section 3311.1 to Section 5611.1.
Stora a of explosives)
9.04.120
3404.2.11.2
Renumbered
Renumbers Section 3404.2.11.2 Section
(Flammable and
and Revises
5704.2.11.2. Establishes flammable and
Combustible Liquids)
Existing
combustible liquids prohibited in any residential
district as defined in Title 20.
9.04.120
3406.4
Renumbered
Renumbers Section 3406.4 to Section 5706.4.
Bulk tants or terminals.
9.04.140
Very High Fire Hazard
Revises
Revises title to Local Agency Very High Fire
Severity Zone
Existing
Hazard Severity Zone.
65 of 68
NBMC
SECTION
CFC SECTION & TITLE
ACTION
COMMENTS
9.40.030
202
New
Defines, "Fuel Modification Plan," "Fuel
(Definitions)
Modification Zone," "Hazard Reduction Zone,"
"Wildland," "Wildland Fuels," and "Wildland-
Urban Interface Area."
9.04.050
503.2.5
Modifies
Modification of the required cul-de-sac distance
(Dead ends)
Existing
from the existing 150 feet to 200 feet.
9.04.050
505.1.1
Modifies
Streamlines ordinance language; simplifies and
(Premise Identification)
Existing
modifies existing Section 505.1 language.
9.04.050
510.4
Modifies
Streamlines ordinance language. Removes
(Technical Requirements)
Existing
redundant language with the 2013 CFC;
references NBFD Guideline and Standard D.05.
9.04.060
604.2.15.2.2
Modifies
Requires electrical outlets connected to the
(Emergency Power Outlets)
Existing
emergency generator circuitry/system in every
fire control room. Removes Sections A thru F.
9.04.070
903.3.1.2.2
Modifies
Removes the minimum of one approved interior
(Alarms)
Existing
and exterior alarm device in each unit. Limits
scope to NFPA 13 and 13R systems.
9.04.070
912.2
Modifies
Changes from 150 feet to 100 feet, the
(Location)
Existing
maximum distance between a public hydrant
and a fire department connection. This change
is consistent with CFC Section 507.5.1.1
Hydrant for standpipe systems.
9.04.090
4901.2
New
Defines purpose of Chapter 4901 Reduction of
(Purpose)
Brush from Structures.
9.04.090
4903.1
New
Defines non-compliance in a Hazard Reduction
(Compliance)
zone and/or Local Agency Very High Fire
Hazard Severity Zone as a fire hazard.
9.04.090
4905.1
Renumbered
Renumbers Section 4905.1 to Section 4904.1;
(General)
and Modifies
requires all new construction and existing
Existing
structures increased by 2,000 sq. ft or more
and exceeding 50% of the existing area within
Hazard Reduction Zone or Local Agency Very
High Fire Hazard Severity Zones be built in
accordance with Section 4904 and 4905 of this
code.
9.04.090
4904.3.1 (Fuel
Modifies
Clarifies existing Section 4905.4. Establishes all
Modifications requirements
Existing
existing structures increased by 2,000 sq. ft or
for additions to existing
more and exceeding 50% of the existing area
structures)
within Hazard Reduction Zone or Local Agency
Very High Fire Hazard Severity Zones be
subject to the fuel modification requirements of
this Chapter. Compliments and provides
consistency with new construction fuel
modifications requirements.
9.04.090
4906.1 (Proximity to
Modifies
Renumbers Section 4906.1 to Section 4905.1;
property lines)
Existing
Changes the minimum set back in very high fire
hazard zones and hazard reduction zones from
5 feet to 3 feet where allowed by zoning codes.
66 of 68
NBMC
CFC SECTION & TITLE
ACTION
COMMENTS
SECTION
9.04.020
105.1.1
Delete
Not Required. Permit conditions are printed on
(Permit Fees)
the issued permit. Streamlines ordinance
language.
9.04.020
105.6.19
Delete
Deletion of this activity or use is not necessary
(Fumigation)
by ordinance. Streamlines ordinance language.
9.04.020
109.4
Delete
Violation provisions covered in Chapter 1.04 of
(Violation penalties)
the Newport Beach Municipal Code.
9.04.030
202
Delete
Terms deleted: High Rise Building; Existing High
(Definitions)
Rise Structure; High Rise Structure, Exposed
Side, Reconstruction, Special Fire Protection
Area, Unenclosed Structure, Very High Fire
Hazard Severity Zone.
9.04.040
307.1.1
Delete
Prohibits offensive open flames that cause odor
(Prohibited open burning,
emissions. Conforms to changes in the 2013
recreational fires and/or
CFC.
outdoor fireplaces
9.04.050
503.1.1
Delete
Removes Exception 1: Turnaround exception for
(Buildings & facilities
sprinkled building.
9.04.050
503.6
Delete
Redundant with 2013 CFC Section 503.5
Entrancegates/chains)
Required gates or barricades.
9.04.050
503.7
Delete
Removal provides conformance with the CFC
(Speed Bums
"Traffic Calming Devices" definitions.
9.04.050
503.8 Obstructions
Delete
Redundant: Incorporated into 503.4.2 Policy
9.04.050
505.1
Delete
Redundant: Incorporated into 505.1.1 Premises
Premises Identification
Identification.
9.04.050
506.1.2
Delete
Redundant with 2013 CFC:
Ke Box Contents
Streamlines ordinance language.
9.04.050
508.1
Delete
Requires all buildings more than 30' below fire
(General)
apparatus access to provide a fire command
center.
9.04.050
510.1
Delete
Redundant with 2013 CFC: Replaced by 510.4
(Emergency responder radio
Technical Requirements
coverage)
9.04.060
611.1
Delete
Redundant with 2013 CFC Section 605.11.
General
Streamlines ordinance language.
9.04.070
903.2.8
Delete
Grants the authority to fire code official to
(Exception)
approve alternative methods when fire
protection is at an equivalent level. Authority to
provide for alternative means provided for in the
building and fire codes.
9.04.070
903.2.11.3
Delete
2013 CFC supersedes and replaces.
(Buildings 40 feet or more in
height)
9.04.070
903.3.1.2.3
Delete
Streamlines ordinance language. Removes
Permissible Omissions
reference to NFPA 13D systems.
9.04.020
903.3.1.3.1
Delete
Streamlines ordinance language. Removes
Valves
reference to NFPA 13D systems.
67 of 68
9.04.020
903.1.3.2
Delete
Streamlines ordinance language. Removes
Exterior and Interior Alarms
reference to NFPA 13D systems.
9.04.050
907.2.13
Delete
55 foot High Rise definition removed.
(High Rise Buildings)
9.04.050
907.2.19
Delete
Streamlines ordinance language.
(Deep underground
buildings)
9.04.050
907.3.1
Delete
Exception 1 is removed.
Duct smoke detectors
9.04.050
907.4.5
Delete
Streamlines ordinance language.
(Door release service)
9.04.050
907.6.2.2
Delete
Redundant with 2013 CFC.
(Emergency voice/alarm
Communications stems
9.04.050
907.7.3.2
Delete
55 foot High Rise definition removed.
Hi h -Rise Buildin s
9.04.050
910.3.2.2
Delete
Redundant with 2013 CFC.
S rinklered dings)
9.04.050
912.1.1(A) (B)
Delete
Streamlines ordinance language. Required
(Installation Exceptions)
language is located within the body language of
Section 912.1.1.
9.04.090
4903.4
Delete
Incorporated into NBFD Guidelines and
Firewood
Standards G.01 and G.02.
9.04.090
4903.4
Delete
Incorporated into NBFD Guidelines and
Roofs
Standards G.01 and G.02.
9.04.090
4901
Delete
Incorporated into NBFD Guidelines and
(Maintenance of Fuel
Standards G.01 and G.02.
Modification Zones
9.04.090
4904.1
Delete
Redundant; language incorporated in Section
General
4903.3.
9.04.090
4905.2
Delete
Remove the following terms: Exposed side,
(Definitions)
Reconstruction, Special Fire Protection Area,
and Unenclosed Structure. Very High Fire
Hazard Severity Zone is redefined in Chapter 2.
9.04.090
4910
Delete
Restricted access to VHFHSZ covered in
(Trespassing on Posted
Section 4908.
Property)
9.04.090
4910.1
Delete
Restricted access to VHFHSZ covered in
General
Section 4908.
9.04.090
4910.2
Delete
Restricted access to VHFHSZ covered in
(Signs)
Section 4908.
9.04.090
4910.3
Delete
Restricted access to VHFHSZ covered in
(Trespassing)
Section 4908.
9.04.090
4911
Delete
Redundant to the Newport Beach Fire Code;
(Explosives and Blasting in
operational permit is required. Streamlines
Hazardous Areas)
ordinance language.
9.04.090
4911.1
Delete
Redundant to the Newport Beach Fire Code;
(General)
operational permit is required. Streamlines
ordinance language.
68 of 68
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to California Government Code Section 50022.3 that on
Tuesday, November 12, 2013, at 7:00 p.m. or soon thereafter as the matter shall be heard, a
public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport
Beach. The City Council of the City of Newport Beach will consider the following matter:
Introduction of the 2013 California Fire Codes Including Proposed Local Amendments
Introduction of the 2013 California Fire Code including proposed local amendments 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 indirect physical change In the environment),
15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant
effect on 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.
Copies of the primary code and copies of the secondary code, if any, being considered for
introduction by the City Council are on file with the City Clerk and are open for public inspection.
All interested parties may appear and present testimony in regard to this item. If you challenge this
item in court, you may be limited to raising only those issues you raised at the public hearing or in
written correspondence delivered to the City, at, or prior to, the public hearing. This item may be
continued to a specific future meeting date, and if such an action occurs, additional public notice of
the continuance will not be provided. Prior to the public hearing the agenda, staff report, and
documents may be reviewed at the Fire Department (Bay B -2nd Floor), at 100 Civic Center Drive,
Newport Beach, California, CA 92660 or at the City of Newport Beach website at
www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Fire
Department or access the City's website after the meeting to review the City Council's action on
this item.
For questions regarding this public hearing item please contact the City's Assistant Fire Chief,
Kevin Kitch, at (949) 644-3106 or kkitch(a-)-NBFD.net.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
)C
COUNTY OF ORANGE )
I am a citizen of the United States a
resident of the County of Los Angel
am over the age of eighteen years,
not a party to or interested in the nc
published. I am a principal clerk of
NEWPORT BEACH/COSTA M
DAILY PILOT, which was adjudgE
newspaper of general circulation
September 29, 1961, case A6214,
June 11, 1963, case A24831, for
City of Costa Mesa, County of Ora
and the State of California. AttachE
this Affidavit is a true and complete c
as was printed and published on
following date(s):
Saturday, October 30, 2013
Monday, November 9, 2013
I certify (or declare) under penalt
perjury that the foregoing is true
correct.
Executed on December 3, 2013
at Los Angeles, California
Signature`` '
00 2 ci