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HomeMy WebLinkAbout20 - Amendment of Title 9 - Fire CodeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 September 23rd, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644 -3101 slewisA city. newport- beach. ca. us SUBJECT: Amendment of the Newport Beach Municipal Code, Title 9; Fire Code. RECOMMENDATION: 1. Introduce the following ordinance and pass to second reading on October 14th, 2008: An ordinance of the City Council of the City of Newport Beach amending Title 9, Chapter 9.04, Section 9.04.030, Subsections 318 through 318.3.3, inclusive, "Clearance of brush or vegetation from structures. ", of the Newport Beach Municipal Code. DISCUSSION: This is a request to update Title 9 of the Newport Beach Municipal Code by amending a previously adopted amendment to the 2007 Fire Code which was adopted on January 13t, 2008 by the Newport Beach City Council. At its regularly scheduled meeting on November 27th, 2007, the City Council considered adoption of the 2007 California Fire Code along with local amendments. Several Council members expressed concern that the new Fire Code did not include more stringent regulations for hazardous and combustible vegetation removal in the City's canyons. Fire Department staff was directed to evaluate the current regulations and return to Council with recommended changes, if necessary. At the July 8th Council study session, Fire Marshal Steve Bunting presented the results of his evaluation and recommended changing the existing regulations to more closely align with those enforced by the California State Fire Marshal within State Responsibility Areas. Agenda Item No. September 23rd, 2008 Page 2 At the conclusion of the study session, the Council asked Chief Bunting to incorporate his recommendations into an amendment to the Fire Code and return to Council for a public hearing on the proposed amendment. The proposed amendment: • Maintains the overall depth of the hazard reduction zone at 100 feet, starting at the structure and extending toward the wildland space. • Increases from 5 feet to 10 feet the minimum distance allowed between a structure and the tip of any tree branch. • Requires spacing between trees within the hazard reduction zone; for 0 -20% grade, the spacing is increased to 10 feet, branch tip to branch tip. On slopes greater than 20 %, spacing is increased to 30 feet, branch tip to branch tip. • Requires spacing between shrubs within the hazard reduction zone; for 0 -20% grade, the spacing is increased to 2 times the height of the shrub, branch tip to branch tip. On slopes greater than 20 %, spacing is increased to 6 times the height of the shrub, branch tip to branch tip. The public hearing and first reading will be conducted on September 23rd, 2008. The final reading and adoption of the code is scheduled for October 14th, 2008. Prepared by: Steve Bunting Fire Marshal Submitted by: Steve Lewis Fire Chief ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9, SECTION 9.04.030 OF THE NEWPORT BEACH MUNICIPAL CODE: GENERAL PRECAUTIONS AGAINST FIRE. The City Council of the City of Newport Beach finds as follows: RECITALS WHEREAS, At its regularly scheduled meeting on December 11th, 2007, the Newport Beach City Council passed Ordinance Number 2007 -18, which adopted and amended both the 2007 California Fire Code and the 2006 International Fire Code; and WHEREAS, Amendments to the Fire Code adopted by the City Council included regulations intended to prevent the loss of life and properly in designated Special Fire Protection Areas; and WHEREAS, Special Fire Protection Areas are defined in the Newport Beach Municipal Code, Title 9 as: Any geographical area, designated by the Fire Chief, in which structures directly abut wildland space or a fuel modification zone on one or more sides; and WHEREAS, The Newport Beach Municipal Code authorizes the City Council to direct the Fire Chief to take appropriate action to suppress and control hazardous fire areas by mandating clearance of brush and other vegetation within certain distances from structures; and WHEREAS, Local climatic, geographical, or topographical conditions in certain areas of the City such as Buck Gully and Morning Canyon present a continuing fire danger because of the density of the vegetation, the accumulation of dead and dry vegetation, the proximity of the vegetation to the structures and the restrictions on access by firefighters and firefighting equipment; and WHEREAS, Regulations regarding vegetation management in these certain areas were originally adopted by resolution number 93 -79 by the Newport Beach City Council at it's regularly scheduled meeting on November 8th 1993 and amended by resolution number 97 -33 by the Newport Beach City Council at it's regularly scheduled meeting on April 28th, 1977; and WHEREAS, The Fire Chief finds that the current regulations as amended by Newport Beach City Council resolution number 97 -33 have failed to adequately reduce the threat of a wildfire within these certain areas from moving out of the wildland and spreading to the adjacent neighborhoods; and WHEREAS, the Fire Chief has recommended changes to the current regulations that he believes will create a more effective firebreak and defensible space which is necessary to protect life and property in the neighborhoods adjacent to these certain wildland areas from destruction by fire. THEREFORE; The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 318 of Chapter 9.04.030 is amended to read as follows: Section 318 Clearance of brush or vegetation growth from structures. Section 318.1 General. Each person or entity who owns, leases, controls, operates, or maintains any parcel of land within or adjacent to a designated Special Fire Protection Area(s) or Very High Fire Hazard Severity Zone shall comply with the requirements of Fire Code Section 318 to maintain a defensible space to protect structures within Special Fire Protection Area(s). Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible space shall be responsible for modifying or removing vegetation. These regulations apply to the wildland facing side or sides of a structure on all parcels of land within the City of Newport Beach Special Fire Protection Areas which directly abut wildland space or a designated Fuel Modification Zone on one or more sides. Nothing contained in this section shall be deemed to preclude the fire code official from requiring more than the minimum specific requirements when the fire code official determines that conditions exist, which necessitate greater fire protection measures. Section 318.2 Definition. DEFENSIBLE SPACE: Defensible space is an area either natural or man -made, where plant materials and natural fuels have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire, and to create an area for firefighters to suppress the fire and save structure(s). Section 318.3 Maintenance of Defensible Space. Section 318.3.1 Trees. All trees (including tree form shrubs taller than four feet) located within one hundred feet (30.48 m) of any portion of a building, shed, patio cover, trellis or similar structure shall comply with the following guidelines. For properties with less than one hundred feet of space between the structure and the property line, these regulations shall apply to the entire space. A. New and existing trees located on land with a grade of twenty per cent or less shall be pruned and /or planted so that the mature tree is separated from all other trees by at least ten feet (3.048 m) branch tip to branch tip. B. New and existing trees located on land with a grade of more than twenty per cent shall be pruned and /or planted so that the mature tree is separated from all other trees by at least thirty feet (9.144 m) branch tip to branch tip. C. The selection of any new trees shall be made from the fire resistive plant list contained in the Newport Beach Fire Department Fuel Modification Guidelines. D. Trees shall be maintained free of dead wood and foliage, and all dead trees shall be removed. E. Where shrubs and bushes are located within the drip line of a tree, the tree, shrubs or bushes shall be pruned so that the lowest tree branch is at least three times the height of the shrub or bush above the shrub or bush. F. Trees shall be pruned to maintain a minimum clearance of ten feet to any portion of a building, shed, patio cover, trellis or similar structure. G. Trees shall be pruned to maintain a minimum clearance of ten feet to any outdoor fireplace or chimney, indoor fireplace chimney, incinerator or other heat and /or spark producing device. Section 318.3.2 Shrubs and Bushes. All shrubs and bushes located within one hundred feet (30.48 m) of any portion of a building, shed, patio cover, trellis or similar structure shall comply with the following guidelines. For properties with less than one hundred feet of space between the structure and the property line, these regulations shall apply to the entire space. A. New and existing shrubs and bushes located on land with a grade of twenty per cent or less shall be pruned and /or planted so that the mature shrub or bush is separated from all other shrubs and bushes by at least two times the height of the shrub or bush branch tip to branch tip. B. New and existing shrubs and bushes located on land with a grade of more than twenty per cent shall be pruned and/or planted so that the mature shrub or bush is separated from all other shrubs and bushes by at least six times the height of the shrub or bush branch tip to branch tip. C. All dead and dying growth shall be removed from shrubs and bushes. D. The selection of any new shrubs and bushes shall be made from the fire resistive plant list contained in the Newport Beach Fire Department Fuel Modification Guidelines. E. For the purpose of firefighter entrance and egress, a minimum of three feet of access shall be provided along both sides of any structure. Section 318.3.3 Ground Cover. All ground cover located within 100 feet (30.48 m) of any portion of a structure shall comply with the following guidelines. For properties with less than one hundred feet of space between the structure and the property line, these regulations shall apply to the entire space. A. Contiguous vegetation up to eighteen inches in height shall be considered ground cover. B. Ground cover shall be properly planted, irrigated, and maintained within the defensible space. C. Non - planted areas may be covered with a maximum of five inches (127 mm) of chipped biomass or its equivalent. D. The selection of any new ground cover shall be made from the fire resistive plant list contained in the Newport Beach Fire Department Fuel Modification Guidelines. E. All ground cover that is either dead and /or dying shall be removed. 0 Section 318.3.4 Firewood. Firewood and combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, on decks or under eaves, canopies of other projections or overhangs. Storage of firewood and combustible material in the defensible space shall be located a minimum of 15 feet (4.57 m) from any structure and separated from the drip lines of trees and shrubs by a minimum of 15 feet (4.57 m). Section 318.3.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: A. Leaves, needles, twigs, and other combustible matter shall be removed from roofs and rain gutters. B. Any portion of any tree, bush or shrub, which is located within ten feet of the outlet of a chimney, shall be removed. C. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester constructed in accordance with the California Building Code. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3 : The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the — day of 200_, and adopted on the day of 200_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS TL -7i7: ATTEST: CITY CLERK C1 SHRUBS From edge of one shrub to the edge of the next Flat to mild slope (o% to 20% slope) Two Mmes (2x) the height of the shrub (Twio shrubs 2' high should be spaced 4' apart) Mild to moderate slope (20% to 40% slope) Four times (4x; the height of the shrub (Two shrubs 2' high should be spaced 8' apart. .r .4-k T Moderate to steep slope ;greater thah 40% slope) Six times ,6x) the herg.4t of the shrub (Tvm shrubs 2' high shouhi be s spacedI 12' apart) �t T 1 TREES Fran edge of one tree canopy to the edge of the next Flat to mild slope (0% to 2001c slope) t T L e Mild to moderate slope (20 40' to 40% cope: AL n `�--t Moderate to sleep! 4�, (greater than 40°16 si, Ev - Hazard Reduction Buck Gully, Morning Cyn TREES: ■Branch tips may not be within 5' of the residence. ■No separation of existing trees required. ■New trees must be chosen from the fire resistive plant list. aff of separation from mature branch tip to branch tip. (New trees) ■Bottom limbs trimmed 3X higher than vegetation below them. (New and existing trees) Existing Hazard Reduction Buck Gully, Morning Cyn TREES: Branch tips may not be within 5' of the residence. No separation of existing trees required. New trees must be chosen from the fire resistive plant list. 10' of separation from mature branch tip to branch tip. (New trees) Bottom limbs trimmed 3X higher than vegetation below them. (New and existing trees) SHRUBS: (18" - 4') If not on the fire resistive plant list, shrubs must be spaced 10' apart. No separation required for plants on the fire resistive plant list. No maximum limits. New shrubs must be chosen from the fire resistive plant list. SHRUBS: (18" — 4') 0 -20% Grade Separated by 2X the height of the shrub 20 -40% Grade Separated by 4X the height of the shrub Greater than 40% Grade Separated by 6X the height of the shrub Hazard Reduction Fuel Modification California SFM Buck Gully, Morning Cyn Newport Coast State Responsibility Area SHRUBS: (18" - 4') SHRUBS: (18" - 41) SHRUBS: (18" - 4') Zone A - Irrigated zone 0 -20% Grade ■If not on the fire resistive (0' -20' from the structure) .Separated by 2X the plant list, shrubs must be -Must be chosen from the height of the shrub spaced 10' apart. fire resistive plant list. -Shrubs should not exceed 20 -40% Grade ■No separation required p q 25% of vegetation mass •Separated by 4X the for plants on the fire Zone B - Irrigated zone height of the shrub resistive plant list. (20' -70' from the structure) ■Plants must be chosen Greater than 40% Grade ■No maximum limits. from the fire resistive plant .Separated by 6X the list. height of the shrub ■New shrubs must be •Shrubs should not exceed chosen from the fire 50% of vegetation mass. resistive plant list. Zone C - Non - irrigated (70' -120' from the structure) ■New plants must be chosen from the fire resistive plant list. Native vegetation permitted ■Maintain 50% thinned. Hazard Reduction Buck Gully, Morning Cyn SHRUBS: (18" — 4') •If not on the fire resistive plant list, shrubs must be spaced 10' apart. ■No separation required for plants on the fire resistive plant list. ■No maximum limits •New shrubs must be chosen from the fire resistive plant list. Hazard Reduction Fuel Modification California SFM Buck Gully, Morning Cyn Newport Coast State Responsibility Area SHRUBS: (18" — 49) SHRUBS: (18" — 4') SHRUBS: (18" — 4') Zone A -Shrubs should not exceed •No separation required 25% of vegetation mass. for plants on the fire Zone B resistive plant list. Greater than 40% Grade ■No maximum limits. ■Separated by 6X the height of the shrub. ■Shrubs should not exceed 50% of vegetation mass. Hazard Reduction Zone TREES: Recommendations 0 -20% Grade ■ 10' of separation from mature branch tip to branch tip. Greater than 20% Grade ■ 30' of separation from mature branch tip to branch tip. ■ No trees within 10 feet of a structure Hazard Reduction Zone SHRUBS: (1811-41) Recommendations 0 -20% Grade • Separated by 2X the height of the shrub. Greater than 20% Grade ■ Separated by 6X the height of the shrub 00 AaA Holl FUEL F' 0. -F Shingle Roofs on Hazel Al }Y 0.1 A, Eucalyptus Trees on Poppy -4�V - ° -a3 -08 AC" -01 i .I % q