Loading...
HomeMy WebLinkAbout25 - Fire CodeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 January 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Mike Morgan, Fire Chief, 644 -3101 mmoroan(cDnbfd.net SUBJECT: Amendment of the Newport Beach Municipal Code, Title 9; Fire Code RECOMMENDATION: 1. Conduct a public hearing: 2. Introduce Ordinance No. An ordinance of the City Council of the City of Newport Beach amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire Code), by amending Sections 9.04.040, Section 9.04.050, Section 9.04.060, Section 9.04.070, and Section 9.04.120.; 3. Pass to second reading on January 25, 2011. DISCUSSION: This is a request to update Title 9 of the Newport Beach Municipal Code by amending the 2010 Fire Code which was adopted on January 1st, 2011, by the Newport Beach City Council. The eight Amended Sections, 9.04.50 through 9.04.120, listed on the attached summary, are being proposed in order to maintain consistency with the Building Code. Two amendments, to Section, 9.04.040, are recommended revisions to the current fire code and are being proposed to clarify the intent of the existing regulation. One amendment, to Section 9.04.040, is proposed to move language from a fire department guideline into the body of the code for enforcement purposes. This regulation prohibits vegetation within 10 feet of a chimney outlet. All of the aforementioned amendments were reviewed at a code user group workshop, which included architects, builders and other interested shareholders. No major issues were raised, nor any of the amendments opposed by workshop participants. Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 2 In addition to the amendments being presented to council for adoption at this time, the fire department also reviewed seven existing amendments related to building construction with the code user group. There were no recommendations to delete or modify these existing amendments by the participants. Prepared by: Submitted by: ""Z' A- Ron Gamble Mike Morgan Fire Marshal Fire Chief Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 3 New Local Amendments NBMC Section CFC Section Title Action Comments 9.04.040 305.5 Vegetation New Requires a 10' clearance from recreational fires, a chimney outlet 9.04.050 508.1 Fire Command New Fire Command Center Center General required for buildings 55 ft 9.04.040 318 Geological Revises above or more than 30 ft surveys existing below the lowest level of fire department access. 9.04.060 611 Solar Photovoltaic New Requires systems to comply Systems with the NBFD guideline 9.04.070 903.2.8 Group R New Establishes thresholds for the Sprinklers addition of fire sprinkler systems in homes when the size of an existing building is increased. 9.04.070 907.6.2.2 Emergency New Establishes when and where voice /alarm the alert tone and voice communication instructions shall sound. system 9.04.070 907.7.3.2 High -rise buildings New Establishes what alarm initiating devices shall have separate zones. 9.04.070 910.3.2.2 Sprinklered New Establishes smoke and heat. Buildings vent activation requirements. 9.04.120 4906.2 Zone A New Addresses the non - Combustible combustible construction in construction Zone fuel modification Zone A Existing but Revised Amendments 9.04.040 307.1.1 Prohibited open Revises Adds outdoor fireplaces to this burning, existing section. recreational fires, and /or outdoor fireplaces 9.04.040 318 Geological Revises Section number changed and surveys existing added the requirement for modifications to existing systems. ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE FIRE CODE The City Council of the City of Newport Beach finds as follows: WHEREAS, the Fire Marshal of the State of California has adopted that certain fire code, entitled 2010 California Fire Code" based upon the 2009 International Fire Code published by the International Fire Code Institute, which, with certain deletions, amendments, exceptions, and additions, and including certain appendices, which apply only to those occupancies regulated by the California State Fire Marshal, has been copyrighted and published by the California Building Standards Commission; and WHEREAS, the Newport Beach Fire Chief finds it necessary to adopt local amendments to apply regulations reasonably necessary to protect the health, welfare and safety of the residents and visitors of Newport Beach in those occupancies not regulated by the California State Fire Marshal; and WHEREAS, the Newport Beach Fire Chief finds it necessary to amend the previously adopted "2010 California Fire Code" and "2009 International Fire Code" in order to maintain consistency between several sections of the 2010 California Fire Code, 2009 International Fire Code and the 2010 California Building Code; and WHEREAS, Health and Safety Code Sections 13143.5, 17958 18941.5 permit the City to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the ordinances and regulations adopted by the State of California, if the City Council makes the express findings pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council, before making any changes or modifications pursuant to Section 17958.5, make express findings that such changes or modifications are needed due to climatic, geographic, or topographic conditions; and Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 5 WHEREAS, the Fire Chief has recommended that changes and modifications be made to the Fire Code that are reasonably necessary due to the following local climatic, geographical, or topographical conditions: A. The City of Newport Beach is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires, and control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, may greatly impact the response time to reach an incident scene. B. The City of Newport Beach is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable, at best, after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. C. Due to the topographical conditions of sprawling development separated by waterways, narrow and congested streets, and the expected infrastructure damage inherent in the seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. D. The City of Newport Beach has several areas with significant growth of wildland vegetation of a highly combustible nature that could threaten structures and the surrounding community. That threat, combined with the potential for high winds described above, warrant additional construction requirements for specific areas that have increased danger should a fire occur. Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 6 NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1. Chapter 9.04 of the Newport Beach Municipal Code is hereby amended as follows: Chapter 9.04 FIRE CODE Sections: 9.04.040 Amendments to Chapter 3 General Precautions Against Fire 9.04.050 Amendments to Chapter 5 Fire Service Features 9.04.060 Amendments to Chapter 6 Building Services and Systems 9.04.070 Amendments to Chapter 9 Fire Protection Systems 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas 9.04.040 Amendments to Chapter 3 General Precautions Against Fire Section 305 Ignition Sources is amended by adding Sections 305.5 to read as follows: 305.5 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, or is located within 10 feet (3,048 mm) of a chimney outlet, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban - wildland interface areas shall be in accordance with Chapter 49. Section 307.1 .1 Prohibited open burning is amended to read as follows: 307.1.1 Prohibited open burning, recreational fires, and /or outdoor fireplaces. Open burning, recreational fires, and /or outdoor fireplaces and fire pits that are offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 7 Section 318 Geological Surveys is added to read as follows: SECTION 318 GEOLOGICAL SURVEYS 318.1 General. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. 318.2 Geological surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, remedial recommendations and /or similar documentation from a state - licensed and department approved individual or firm, on any parcel of land to be developed which: A. Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; B. May contain or give off toxic, combustible or flammable liquids, gases, or vapors; or C. Modifications to existing systems. 9.40.050 Amendments to Chapter 5 Fire Service Features Section 508 Fire Command Center is amended by revising Section 508.1 to read as follows: 508.1 General. In all buildings having occupied floors located more than 55 feet (16,764 mm) above or more than 30 feet (9144 mm) below the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided. The fire command center shall comply with sections 508.1.1 through 508.1.5. Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 8 9.40.060 Amendments to Chapter 6 Solar Photovoltaic Systems Section 611 Solar Photovoltaic Systems is amended by adding Section 611.1 to read as follows: 611.1 General. Solar Photovoltaic Systems shall comply with Newport Beach Fire Departments Guideline D.04 Fire Safety Elements of Solar Photovoltaic Systems. The provision of this section may be applied by either the fire code official or the building official. 9.04.070 Amendments to Chapter 9 Fire Protection Systems Section 903.2.8 Group R is amended to read as follows: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings. 2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. When an addition and reconstruction is 2,000 sq. ft. or more of the existing building area. b. An addition, when the existing building is already provided with automatic sprinklers. Section 907.6.2.2 Emergency voice /alarm communication systems is amended to read as follows: Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 9 907.6.2.2 Emergency voice /alarm communication systems. Emergency voice /alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high -rise buildings having occupied floors located more than 55 feet (16 764 mm) above or 55 feet (16 764 mm) below the lowest level of fire department vehicle access the system shall operate on a minimum of the alarming floor, the floor above, and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1. 5. Dwelling units in apartment houses. 6. Hotel guest rooms or suites. Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. Section 907.7.3.2 High -rise buildings is amended to read as follows: 907.7.3.2 High -rise buildings. In high -rise buildings having occupied floors located more than 55 feet (16,764 mm) above or 55 feet (16,764 mm) below the Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 10 lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. Section 910.3.2.2 Sprinklered buildings is amended to read as follows: 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas Section 4906 is amended to read as follows: 4906.2 Combustible construction in 20 foot "A" Zone. No attached or detached buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the 20 foot setback of the fuel modification zone unless completely constructed of non - combustible materials. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Amendment of NBMC Title 9, Fire Code January 11, 2011 Page 11 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 201_, and adopted on the _ day of 201_, by the following vote, to wit: ATTEST: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ^av unt6 Attorney PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold .a public hearing on the adoption of local amendments to the 2010 California Fire Code and the 2009 International Fire Code. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th day of January, 2011, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3353. eila i I. Brown City Clerk PROOF OF RECEIVED PUBLICATION 2011 JAN -6 AN 8: 54 OFFICE OF THE CITY CLERK STATE OF CALIFORNIA) CITY OF NRVMRT BEX,'H ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): January 1, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on January 4, 2011 at Costa Mesa, California o Signat,6-4 NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the adoption of local amendments to the 2010 California Fire Code and the 2009 In- ternational Fire Code. NOTICE IS .HEREBY FURTHER GIVEN 'that said public hearing will beheld on the 11th day of January, ROIL, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons in- terested may appear and be heard thereon. If you challenge this project in court, you may be limited to rais- ing only those issues you or someone else raised at the public hearing described in this notice or in written Published New Beach /Costa Mesa Pilot January 1,;,