HomeMy WebLinkAbout1609 - Uniform Fire Code,i
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NO. 1609
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 9.08 OF THE NEWPORT BEACH MUNICIPAL CODE
TO ADOPT THE UNIFORM FIRE CODE, 1973 EDITION
The City Council of the City of Newport Beach DOES ORDAIN
as follows:
SECTION 1. Chapter 9.08 of the Newport Beach Municipal Code
is amended to read:
Sections:
9.08.010
9.08.020
9.08.030
9.08.040
9.08.050
9.08.060
9.08.070
9.08.080
9.08.090
9.08.100
9.08.110
9.08.120
9-.08.130
9.08.140
9.08.150
9.08.160
9.08.170
9.08.180
9.08.190
9.08.200
9.08.210
9.08.220
9.08.230
"Chapter 9.08
FIRE CODE
Adoption of Uniform Fire Code.
Amendment of Section 1.216 of the
Amendment of Section 1.301(c) of
Amendment to Section 1.403 of the
Amendment to Section 1.405 of the
Amendment to Section 1.405 of the
Amendment to Section 11.106(e) of
Adding Section 13.315 to the Fire
Amendment to add Section 13.316 t
Amendment
Amendment
Amendment
Amendment
of the
Amendment
Amendment
Amendment
to the
Amendment
Amendment
Amendment
to the
Amendment
Amendment
Amendment
Amendment
Fire Code.
the Fire Code.
Fire Code.
Fire Code.
Fire Code.
the Fire Code.
Code.
o the Fire
the Fire
the Fire
to add Section 13.317 to
to Section 15.102(f) of
to Section 15.201(a)(1)
to add Sub - Section 5 to
Fire
to
to
to
Fire
to
to
to
Fire
to
to
to
to
Code.
Section 15.411(b)
Section 15.601 of
Section 15.710(e)
Code.
Section 20.102
Section 27.101
Section 20.101
Code.
Section 30.116
Section 30.117
add Article 37
add Article 38
of
(d)
to
9.08.010 Adoption of Uniform Fire Code.
Code.
Code
Code
of the Fire Code.
Section 15.402(b)
of the Fire Code.
the Fire Code.
to add Sub - Section
the Fire Code.
of the Fire Code.
add new Section (e)
of the Fire Code.
of the Fire Code.
to the Fire Code.
to the Fire Code.
Pursuant to the provisions of Sections 50022.1 through 50022.5,
Title 5, Division 1, Chapter 1, Article 2 of the Government Code of
the State of California, there is hereby adopted by reference, that
certain Code entitled "Uniform Fire Code ", recommended by the Cali-
fornia Fire Chiefs' Association, being particularly the 1973 Edition
thereof, published by the International Conference of Building Officials
and the Westerly Fire Chiefs' Association, specifically including Ap-
pendices A through E, save and except such portions as are hereafter
deleted, added or amended, three (3) certified copies of which printed
as a Code in book form are ordered filed in the office of the City
Clerk of the City of Newport Beach to be open for public inspection
and the same is hereby adopted and incorporated as fully as if set
out at length herein, and known and referred to as the `Fire Code'
of and for the City of Newport Beach.
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9.08.020 Amendment of Section 1.216 of the Fire Code.
Section 1.216 of the Fire Code, hereinbefore adopted in
Section 9.08.010 is amended by deleting the references therein to
the "National Fire Protection Association" and "NFPA Standards"
Nos. 10 -704 M, inclusive, in inserting therein the following to
read:
NATIONAL FIRE PROTECTION ASSOCIATION
470 Atlantic Avenue
Boston, Massachusetts 02110
.All of the National Fire Protection Association Standards con-
tained in the National Fire Codes, published and promulgated by the
National Fire Protection Association, Volumes 1 -15, a copy of which
is on file with the Newport Beach Fire Department, 1975 Edition.
9.08.030. Amendment of Section 1.301(c) of the Fire Code.
Section 1.301(c) is added to the Fire Code, hereinbefore adop-
ted in Section 9.08.030 to read:
Sect. 1.301(c) The City Manager, the Chief of the Fire Department
and the Chief of the Bureau of Fire Prevention shall act as a
committee to determine and specify, after giving affected per-
sons an opportunity to be heard, any new materials, processes
or occupancies, which shall require permits, in addition to
those now enumerated in said Code. The Chief of the Bureau
of Fire Prevention shall post such list in a conspicuous place
in his office, and distribute copies thereof to interested
persons.
9.08.040. Amendment to Section 1.403 of the Fire Code.
Section 1.403 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended by adding the definition of "Authorized Represen-
tative" as follows:
AUTHORIZED REPRESENTATIVE shall mean those persons described
in Sections 1.204, 1.205 and 1.206 of this Code.
9.08.050. Amendment to Section 1.405 of the Fire Code.
Section 1.405 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended by amending the definition of "Chief of the Bureau
of Fire Prevention" as follows:
CHIEF OF THE BUREAU OF FIRE PREVENTION as used herein shall
mean the Fire Marshal of the City of Newport Beach.
9.08.060. Amendment to Section 1.405 of the Fire Code.
Section 1.405 of the Fire Code, hereinbefore adopted in Section
9.08.010, is amended by amending the definition of "Corporation Coun-
sel" as follows:
CORPORATION COUNSEL as used herein shall mean the City Attorney
of the City of Newport Beach.
9.08.070. Amendment to Section 11.106(e) of the Fire Code.
Section 11.106 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended by adding Sub- Section (e) to read as follows:
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The limits of the District referred to in Section 11.106(b)
of this Code in which storage of explosives and blasting agents
is prohibited are hereby established as the boundaries of the City
of Newport Beach.
9.08.080. Adding Section 1-3.315 to the Fire Code.
Section 13.315 is added to the Fire Code, hereinbefore adopted
in Section 9.08.010, to read as follows:
Section 13.315. Protection of Hoods and Ducts. Hoods and ducts,
where required for restaurant type cooking equipment, shall be equipped
with an approved automatic fire protection system installed in the hood
and duct, in accordance with the provisions of the National Fire Pro-
tection Association (NFPA) Pamphlet 96 pertaining thereto. Noncon-
forming equipment installed prior to the effective date of this Title
shall be caused to conform with the requirements of this Section.
Plans for automatic fire protection system shall be approved by
the Fire Chief prior to installation and the completed work shall be
subject to final inspection and approval after installation.
9.08.090. Amendment to add Section 13.316 to the Fire Code.
Section 13.316 is added to the Fire Code, hereinbefore adopted
in Section 9.08.010, to read as follows:
Section 13.316. Protection of Marine Installations. All com-
mercial piers, wharves, floats, boat slips and all noncommercial
piers, wharves, floats and boat slips with facilities for mooring
five (5) or more boats, shall be equipped for fire protection as
follows:
(1) Means shall be available for calling the Fire Department.
Such means may consist of a Fire Department alarm box, a proprietary
alarm system, or a non -pay telephone located on the premises and iden-
tified in a manner satisfactory to the Fire Chief.
(2) Fixed first aid hose stations (wet standpipes) shall be in-
stalled in conformity with the applicable standards set forth in
Pamphlet No. 14 of the National Fire Protection Association and the
following requirements:
a. The hose stations shall be connected to a street water
main and provided with a pumper connection with approved valving.
Piping shall be not less than 2 inches and shall be adequately treated
to protect the metal from corrosion or damage. A flexible connection
may be installed between a deck or pier and any floating pier.
b. Hose stations shall be equipped with a hose rack or
reel, a 1 1/2 inch valve, not more than 100 feet of approved 1 1/2
inch fire hose and a 1 1/2 inch brass or bronze shutoff type com-
bination straight stream and fog nozzle. The orifice for straight
stream shall be 1/2 inch in diameter. The hose stations shall be
so located that any portion of a moored craft, pier, wharf or float
may be reached immediately with the hose provided:
C. There shall be located at each hose station one twenty
(20) pound dry chemical type fire extinguisher.
d. Each hose station shall be installed in a cabinet so
that the hose and equipment will be protected from the elements and
from unauthorized use. Each hose station shall be appropriately
labeled, with letters not less than three (3) inches in height.
e. Plans for hose stations shall be approved by the Fire
Chief prior to installation and the completed work shall be subject
to final inspection and approval after installation.
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(3) It shall be the responsibility of the owner or the lessee,
manager or other person in charge of a mooring facility to maintain
in good working order all fire fighting equipment required by this
section.
• (4) When an unusual fire hazard exists at any facility described
in this section, the Fire Chief may require that the owner or lessee
provide additional fire protection equipment suitable to the hazard.
(5) Every boat or vessel that shall become hazardous from the
standpoint of fire or explosion shall immediately become subject to
the orders of the Fire Chief. No person shall fail or refuse to
comply with the directions of the Fire Chief with regard to making
such vessel safe from the danger of fire or explosion.
(6) Separate shore connected docks or piers in marine instal-
lations, which are in existence and do not comply with the require-
ments of Sub - Section (2) on the effective date of this section, shall
be caused to comply with said requirements in the event that alterations
or repairs costing in excess of fifty percent (50 %) of the appraised
value of any such shore connected dock or pier are made in any one
year period, or in the event that any such shore connected dock or
pier is reconstructed after having been damaged or destroyed by fire,
explosion, earthquake, or other disaster.
9.08.100. Amendment to add Section 13.317 to the Fire Code.
Section 13.317 is added to the Fire Code, hereinbefore adopted
in Section 9.08.010, to read as follows:
Section 13.317. Automatic Sprinkler Systems Shall Be Installed
when:
. (a) In all occupancies when the floor area, regardless of
area separation walls, exceeds the basic allowable floor area of Table
No. 5 - C of the Uniform Building Code, 1973 Edition, however, the
respective increases for area and height specified -in Sections 506 and
507 shall be permitted.
(b) In all occupancies when the building has usable floor
area that is more than 55 feet above grade; however, the respective
increase for area and height specified in Sections 506 and 507 of the
Uniform Building Code, 1973 Edition, shall be permitted.
9.08.110. Amendment to Section 15.102(f) of the Fire Code.
Section 15.102(f) of the Fire Code, hereinbefore adopted in
Section 9.08.010 is amended to read as follows:
Section 15.102(f). The Flash Point of liquids having a Flash
Point at or below 175° F.(79° C.), except for fuel oils and certain
viscous materials, shall be determined in accordance with the Standard
Method of Test for Flash Point by the Tag Closed Tester, ASTM D56 -69.
The Flash Point of fuel oil, and certain viscous materials having
a Flash Point at or below 175° F., shall be determined in accordance
with the Standard Method of Test for Flash Point by the Pensky- Martens
Closed Tester, ASTM D93 -69.
• 9.08.120. Amendment to Section 15.201(aXl).
Section 15.201(aXl) is added to Section 15.201(a) of the Fire
Code hereinbefore adopted in Section 9.08.010 to read as follows:
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Section 15.201(aXl). The limits referred to in Section 15.201
of the Fire Code in which the storage of Class I and II flammable
liquids in above.ground tanks is prohibited are hereby established as
the boundaries of the City of Newport Beach.
9.08.130. Amendment to add Sub - Section 5 to Section 15.402(b)
of the Fire Code.
Section 15.402(b) of the Fire Code, hereinbefore adopted in Sec-
tion 9.08.010 is amended by adding Section 5 thereto to read as follows:
Section 15.402(b) 5. General purpose warehouses. Storage
shall be in accordance with Table 15.402 and shall be in noncombus-
tible or fire resistive buildings or in portions of such buildings
cut off by standard fire walls as set forth in the Uniform Building
Code. Materials creating no hazard to the liquids may be stored in
the same area.
9.08.140. Amendment to Section 15.411(b) of the Fire Code.
Section 15.411(b) of the Fire Code, hereinbefore adopted in Sec-
tion 9.08.010 is amended as follows:
Section 15.411(b). Where sprinklers are required, they shall be
installed in an approved manner. Installation shall be made in accor-
dance with the provisions of NFPA 13, Sprinkler Systems, Installation.
9.08.150. Amendment to Section 15.601 of the Fire Code.
Section 15.601 of the Fire Code, hereinbefore adopted in Sec-
tion 9.08.010 is amended by adding Sub- Section (a) to read as
follows:
Section 15.601(a). The limits referred to in Section 15.601 of the
Fire Code in which new bulk plants for flammable liquids are prohi-
bited, are hereby established as the boundaries of the City of New-
port Beach.
9.08.160. Amendment to Section 15.710(e) to add Sub - Section 9
to the Fire Code.
Section 15.710(e) of the Fire Code, hereinbefore adopted in
Section 9.08.010 is amended by adding Section 9 thereto to read as
follows:
Section 15.710(e) 9. Wharves, piers, or floats at marine service
stations shall be used exclusively for the dispensing or transfer of
petroleum products to or from marine craft, except that transfer of
essential ship stores is permitted. Sales of ship stores or merchandise
shall not be allowed from an area where fuel is dispensed into the tanks
of motor craft..
9.08.170. Amendment to Section 20.102 of the Fire Code.
Section 20.102 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended to read as follows:
Section 20.102(a). No person shall install or maintain a lique-
fied petroleum gas container, except portable containers of less than
20 gallons water capacity, unless natural gas is unavailable in the
area or unless such installation is needed for special industrial pro-
cess or use, in which event he shall first submit plans to the Fire
Chief and make application for a permit for such installation. The
Fire Chief may, in his discretion, grant or deny such permit and in
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granting such permit may attach such conditions thereto as he deems
necessary for the protection of life and property.
Section 20..102(b). No portable tanks shall be filled with
liquefied petroleum gas within the boundaries of the City of Newport
Beach.
9.08.180. Amendment to Section 27.101(d) of the Fire Code.
• Section 27.101(d) of the Fire Code, hereinbefore adopted in
Section 9.08.010 is amended to read as follows:
Section 27.101(d). Notwithstanding anything to the contrary
contained in this Chapter, or the said Uniform Fire Code, as made a
part of this Chapter, no person shall do or allow any such burning
without a permit issued in compliance with Rules 57 and 58 of the
Rules and Regulations of the County of Orange Air Pollution Control
District, which provide as follows:
Rule 57. OPEN FIRES. A person shall not after January 1, 1968,
burn any combustible refuse in any open outdoor fire within Orange
County, except:
(a) When such fire is set or permission for such fire is
given in the performance of the official duty of any public officer
and such fire in the opinion of such officer is necessary.
(1) For the purpose of the prevention of a fire
hazard which cannot be abated by any other means, or
(2) The instruction of public employees in the
methods of fighting fire.
These exceptions shall not be effective on any calendar day on
which the Air Pollution Control Officer determines that:
(1) The inversion base at 4:00 A.M., Pacific Stan-
dard Time, will be lower than one thousand five hundred feet (1,500')
above mean sea level, and
(2) The maximum mixing height will not be above
three thousand five hundred feet (3,500'), and
(3) The average surface wind speed between 6:00 A.M.
and 12:00 noon, Pacific Standard Time, will not exceed five miles
per hour..
Rule 58. INCINERATOR BURNING. A person shall not after January
1, 1968 burn any combustible refuse in any incinerator within the
District, except in a multiple - chamber incinerator as described in
Rule 2(r) or in equipment found by the Air Pollution Control Officer in
advance of such use to be equally effective for the purpose of air
pollution control as an approved multiple- chamber incinerator.
9.08.190 Amendment to Section 20.101 to add new Section (e)
to the Fire Code.
• Section 20.101 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended by adding Sub - Section (e) to read as follows:
Section 20.101(e). CAMP FIRES. No person shall make, set or
maintain any beach or camp fire at any 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. Beach or camp fires shall be kept within the
confines of the fire containers provided by the City. Such beach
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(b)
When such fire is set pursuant
to permit on property
used for
industrial purposes for the purpose of
instruction of
employees
in the
methods of fighting fire.
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(c)
When such fire is set in the course
of any agricultural
operation
in the
growing of crops, or raising of
fowls, animals or
bees.
These exceptions shall not be effective on any calendar day on
which the Air Pollution Control Officer determines that:
(1) The inversion base at 4:00 A.M., Pacific Stan-
dard Time, will be lower than one thousand five hundred feet (1,500')
above mean sea level, and
(2) The maximum mixing height will not be above
three thousand five hundred feet (3,500'), and
(3) The average surface wind speed between 6:00 A.M.
and 12:00 noon, Pacific Standard Time, will not exceed five miles
per hour..
Rule 58. INCINERATOR BURNING. A person shall not after January
1, 1968 burn any combustible refuse in any incinerator within the
District, except in a multiple - chamber incinerator as described in
Rule 2(r) or in equipment found by the Air Pollution Control Officer in
advance of such use to be equally effective for the purpose of air
pollution control as an approved multiple- chamber incinerator.
9.08.190 Amendment to Section 20.101 to add new Section (e)
to the Fire Code.
• Section 20.101 of the Fire Code, hereinbefore adopted in Section
9.08.010 is amended by adding Sub - Section (e) to read as follows:
Section 20.101(e). CAMP FIRES. No person shall make, set or
maintain any beach or camp fire at any 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. Beach or camp fires shall be kept within the
confines of the fire containers provided by the City. Such beach
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or camp fire areas shall be designated by the City Manager, subject
to the recommendation of the Parks, Beach and Recreation Commission.
9.08.200. Amendment to Section 30.116 of the Fire Code.
Section 30.116 of the Fire Code hereinbefore adopted in
Section 9.08.010 is amended to read as follows:
Section 30.116(a). The occupant load shall be in accordance
with the provisions of Uniform Fire Code, Table 33 A, Page 273.
9.08.210. Amendment to Section 30.117 of the Fire Code.
Section 30.117 of the Fire Code hereinbefore adopted in
Section 9.08.010 is amended to read as follows:
Section 30.117. The seating arrangements shall be in accordance
with Uniform Fire Code, Art. 26, Section 26.106.
9.08.220. Amendment to add Article 37 to the Fire Code.
Article 37 of the Fire Code hereinbefore adopted in Section
9.08.010 is added to read as follows:
Article 37. APPEALS. Any person agrieved by an interpretation
of the Fire Code by the Fire Chief, City Manager, or the Building and
Safety Director may appeal said determination to the Board of Appeals
as created in Section 204 of the Building Code. Each such appeal
shall conform to the Rules of Procedure as set forth in the Building
Code.
9.08.230. Amendment to add Article 38 to the Fire Code.
Article 38 of the Fire Code hereinbefore adopted in Section
9.08.010 is added to read as follows:
Article 38.. PENALTIES.
Any person, firm or corporation, whether as principal, agent,
employee or otherwise violating or causing the violation of any of
the provisions of this Ordinance or Code or violating or failing to
comply with any order made thereunder or building in violation of
any detailed statement of specifications or plans submitted and
approved thereunder or any certificate or permit issued thereunder
and from which no appeal has been taken or who shall fail to comply
with such an order as affirmed or modified shall for each and every
such violation be guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not more than five hundred dollars
($500.00), or by imprisonment for a term not to exceed six (6) months,
or by both such fine and imprisonment. Such person, firm or corpora-
tion shall be deemed guilty of a separate offense for each and every
day during any portion of which any violations of this Ordinance or
Code is committed or continued by such person, firm or corporation and
shall be punishable as herein provided. The imposition of one penalty
for any violation shall not excuse the violation or permit it to con-
tinue; and all such persons shall be required to correct or remedy
such violations or defects within a reasonable time; and when not
otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense. The application of
the above penalty shall not be held to prevent the enforced removal
of prohibited conditions.
SECTION 2. Chapter 9.08 of the Newport Beach Municipal Code
is repealed. All other Ordinances or portions thereof which conflict
with or are inconsistent with the provisions of this Chapter or the
Fire Code are hereby repealed.
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SECTION 3. This Ordinance shall be published.once in the official
newspaper of the City, and the same shall be effective 30 days after
the date of its adoption.
• This Ordinance was introduced at a Regular Meeting of the
City Council of the.City of Newport Beach held on the 12th day of
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May , 19 75, and was adopted on the 27th day of May ,
1975, by the following vote, to -wit:
ATTEST:
Cit 1 rk
CEP.TIsF"D 1.5 THE C"`G!NAL AND
CEP T;=; =D B.S TO PURL (CATION
Mar 3e 1975
4RKOF�T��HZ ..._.4NEW
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IlY CEACH
AYES, COUNCILMEN: Bamett,Ibstal, Kuehn,
Rogers, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: McInnis