HomeMy WebLinkAbout2013-25 - Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2013 Califonria Fire Code (Title 24, Part 9 of the California Code of Regulations) with Local Amendments as the Newport Beach Fire CodeORDINANCE NO. 2013 -25
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WHEREAS, to aid in efficiency and clarity, Title 9 will be repealed in its entirety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 -81 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
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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 taker) the opportunity to review existing amendments in detail and some
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.
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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.
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.
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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 hardscapeisoftscape
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.
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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 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.
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305.7.3 Service of notice. The fire code official shall notify the property owner
of affected properties as shown on the latest equalized tax assessment roll by
certified mail, of the specific conditions that constitute a fire hazard and that the
City will take action to abate the fire hazard. Notices shall be mailed not less than
fifteen (15) calendar days prior to the date of the proposed abatement.
Failure of any property owner, or any party concerned to receive a notice shall
not affect the validity of any proceeding taken, if the procedure for service of
notice has been followed.
305.7.4 Appeal. The property owner may appeal the decision of the fire code
official regarding the fire code official's determination that a fire hazard exists by
sending a written appeal to the fire code official within ten (10) calendar days of
the mailing of the notice.
305.7.5 Abatement hearing procedure. All hearings under Chapter 3 of the
Fire Code shall be held before the fire code official or Fire Chief who shall hear
all facts and testimony he /she deems pertinent. The facts and testimony may
include testimony on the condition of the property and circumstances related to
the fire hazard. The owner of the land may appear in person or present a sworn
written statement in time for consideration at the hearing. The fire code official or
Fire Chief may impose such conditions and take such other action, as he /she
deems appropriate to carry out the purpose of the provisions of this chapter. The
decision of the fire code official or Fire Chief shall be final and shall be sent to the
property owner via certified mail to the owner's address on the latest equalized
tax assessment roll within thirty (30) calendar days.
305.7.6 Private property abatement. If any order of the Fire Chief or the fire
code official is made pursuant to this ordinance and is not complied with within
the period designated, the City may then cause such work to be done to the
extent necessary to eliminate the fire hazard and other substandard fire
conditions that are determined to exist.
305.7.7 Emergency private property abatement. When in the opinion of the
fire code official a substandard structure or substandard property is an immediate
hazard to life and property, and the fire code official makes written findings to the
effect that abatement of such a fire hazard requires immediate action, the fire
code official may then cause such work to be done to the extent necessary to
eliminate the hazard. At least twenty -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 casts. 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.
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.
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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:
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.
9.44.050 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: Cut -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.
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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:
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.
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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:
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:
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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.
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 9071 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'/2" 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 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.
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.
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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.
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:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
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.
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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
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
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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).
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.
15
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.
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.
W.
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
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:
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.
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 fuse at the scene of emergencies
fill
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:
1. 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:
Im
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 50041 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.
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 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 I 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.
19
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
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:
8105.2 Buildings Other Than One -and Two- Family Dwellings. The minimum
fire flow and flow duration for buildings other than one -and two- family dwellings
shall be as specified in Table B105.1.
Exception: A reduction in required fire flow of up to 50 percent, as approved, is
allowed when the building is provided with an approved automatic sprinkler
system installed in accordance with Section 903.3.1. The resulting fire flow shall
not be less than 1,500 gallons per minute (5677.5 L/min.) for the prescribed
duration as specified in Table 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.
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,
M
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.
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 Petros, Hill, Selich
Henn, Mayor Curry , Gardner
NOES, COUNCIL MEMBERS
None
ABSENT COUNCIL MEMBERS Daigle
ATTEST: o
Leilani 1. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
rn C. Harp, City Attorn y - -'�
21
Keith D, Curry, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No.
2013 -25 was duly and regularly introduced on the 12th day of November, 2013, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of
November, 2013, and that the same was so passed and adopted by the following vote, to wit:
AYES: Gardner, Petros, Hill, Selich, Henn, Mayor Curry
NAYS: None
ABSENT: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of November, 2013.
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013 -25 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: November 16, 2013
Adopted Ordinance: November 30, 2013
In witness whereof, I have hereunto subscribed my name this P0! day of bjff)CM0 2013.
iA �A
City (fer'
City of Newport Bea alifornia
(Seal)
STATE OF CALIFORNIA — GOVERNMENT OPERATIONS AGENCY GOVERNOR EDMUND G. BROWN JR.
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833 -2936
(916) 263 -0916 FAX (916) 263 -0959
oNM
February 21, 2014
Kevin Kitch
Assistant Chief
City of Newport Beach Fire Department
100 Civic Center Drive
Newport Beach, CA 92660
RE: Ordinance #2013 -25
Dear Mr. Kitch:
This letter is to advise you of our determination regarding the referenced ordinance with
express findings received from your agency on January 16, 2014.
Our review finds the submittal to contain one ordinance modifying provisions of the 2013
California Building Standards Code in Title 24, California Code of Regulations (code), and
express findings complying with Health and Safety Code § §17958.7 and 18941.5. The code
modification is accepted for filing and is enforceable. This letter attests only to the
satisfaction of the cited law for filing of local code amendment supported by an express
finding with the Commission. The Commission is not authorized by law to evaluate the merit
of the code modification or the express finding.
Local modifications to the code are specific to a particular edition of the code. They must be
readopted and filed with the Commission in order to remain in effect when the next triennial
edition of the code is published.
On a related matter, should your city receive and ratify Fire Protection District ordinances
making modifications to the code, be advised that Health and Safety Code §13869.7(c)
requires such ratified ordinances and express findings to be filed with the Department of
Housing and Community Development, Division of Codes and Standards, State Housing
Law Program, rather than this Commission. Also, ordinances making modifications to the
energy efficiency standards of the code may require approval from the California Energy
Commission pursuant to Public Resources Code §25402.1(h)(2).
If you have any questions or need any further information, you may contact me at
(916) 263 -0916.
Sincerely,
r
rique M. Rodriguez
Associate Construction Analyst
cc: Chron
Local Filings
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