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HomeMy WebLinkAbout2010-24 - Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2010 California Fire Code and Local Amendments, and the 2009 International Fire CodeORDINANCE NO. 2010 -24 REPORT OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ON THE URGENCY ORDINANCE AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE AND THE 2009 INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS INTRODUCTION The Newport Beach City Council deems this ordinance urgent in order for local amendments to be adopted commensurate with the adoption of the 2010 California Fire Codes by the State of California on January 1, 2011. This ordinance is deemed urgent in order for local amendments to be adopted commensurate with the adoption of the 2010 California Fire Codes by the State of California on January 1, 2011. If these amendments are not adopted, the local amendments, many that date back to 1976, will not be enforced during that time period. These include prohibiting fires on the beach, prohibition or multiple berthing in the marina, and crowd control measures for public assembly occupancies greater than 49 persons. Finally most of the local amendments protecting the homes in the wildland fire hazard areas of Newport Beach will not be enforceable during possible strong Santa Ana Wind events of early 2011. The City Council of the City of Newport Beach finds as follows: RECITALS WHEREAS, Health & Safety Code Section 17958 provides that ordinances and regulations adopted by the State pursuant to Health & Safety Code Section 17922 shall apply to the City of Newport Beach 180 days after publication; and 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 also adopt the 2009 International Fire Code as published and copyrighted by the International Code Council 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, 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 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: 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; 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. 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. Due to the topographical conditions of sprawling development separated by waterways and 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. 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. 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 revised and adopted to read as follows: Chapter 9.04 FIRE CODE Sections: 9.04.010 Adoption of the 2010 California Fire Code and the 2009 International 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 27 Hazardous Materials - General Provisions 9.04.090 Amendments to Chapter 33 Explosives and Fireworks 9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids 9.04.110 Amendments to Chapter 45 Marinas 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas 9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings 9.04.140 Amendments to Appendix J Emergency Responder Radio Coverage 9.04.010 Adoption of the 2010 California Fire Code and the 2009 International Fire Code There is hereby adopted by the City and incorporated herein by reference into this chapter, those certain codes known as the "International Fire Code, 2009 Edition and the California Fire Code 2010 Edition," and the whole thereof including Appendices B, C, E, F, G and I therein, errata issued during and after publishing date, and the accompanying International Fire Code Standards, save and except such portions as are hereinafter deleted, added or amended which shall be collectively be known as the "Fire Code." One (1) certified copy of which is to be on file in the Office of the City Clerk of the City of Newport Beach and open for public inspection. 9.04.020 Amendments to Chapter 1 Scope and Administration Section 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 105.1.1 Permits required is amended to read as follows: Section 105.1.1 Permit fees. Permits required by this code shall be obtained from the fire code official. Permit fees, if any, shall be paid prior to the issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. Permit fees to the City shall be in an amount established by resolution of the City Council. Section 105.5.1 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 105.6.19 Fumigation and thermal insecticidal fogging is amended by deleting 105.6.19 Fumigation and thermal insecticidal fogging. Section 107.6 Overcrowding is amended by adding Section 107.6.1 to read as follows: 107.6.1 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. If the fire code official determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared until an accurate count can be made. 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 definition of "Cul -de -Sac" and deleting the definition of "High Rise Building" and amending it to read as follows: CUL -DE -SAC is a street, closed at one end, with a circular terminus at the closed end to allow vehicles to turn around. HIGH RISE BUILDING. As used in this Code: 1. "Existing high rise structure" means a high rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High rise structure" is any building having floors used for occupancy located more than 55 feet (16,764 mm) above or more than 55 feet below (16,764 mm) the lowest level of fire department access. Such buildings shall have fire and life safety systems required by the Building Code for high rise buildings. 3. "New high rise structure" means a high rise structure, the construction of which is commenced on or after July 1, 1974. 9.04.040 Amendments to Chapter 3 General Precautions against Fire Section 304.1.2 Vegetation is amended by deleting Section 304.1.2 Vegetation and relocating it to Section 305.5. Section 305 Ignition Sources is amended by adding Sections, 305.6, and 305.7 to read as follows: 305.6 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3,048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The fire code official is authorized to enter upon to do so. 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 30 days. The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.7.2 Commencement of abatement proceedings. Whenever the fire code official determines that a fire hazard exists, and the owner of a property fails to properly abate hazard in locations adjacent to grass or brush covered land which are located in hazardous fire areas, the fire code official is ordered to take appropriate correction actions based upon those findings. 305.7.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. 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 (24) hours prior the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.7.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of Newport Beach, shall be assessed against each parcel for Newport Beach Fire Department and other City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's office. The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 3877.3.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) 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 307.1.1 Prohibited open burning is amended to read as follows: 307.1.1 Prohibited open burning and recreational fires. Open burning and recreational fires 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. 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 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 9.40.050 Amendments to Chapter 5 Fire Service Features Section 503.1.1 Buildings and facilities exception #1 is amended to read as follows: Exception: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.1. 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 (6096 mm) 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 (4115 mm). 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 (12,192 mm) outside radius. Exception: Cul -de -sacs with center obstructions will 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 150 feet (45.720 m) in length shall be provided with an approved cul -de -sac for turning around fire apparatus without backing up. Section 503.2.7 Grade is amended to read as follows: 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 503.6 Security gates is amended and Section 503.6.1 is added to read as follows: 503.6 Entrance gates /chains. All emergency vehicle access gates, private gated communities, chains across fire lanes, and gates that provide access to the beach and /or wildland areas, shall have a lock approved by the Newport Beach Fire Department. Where gates are electrically operated an approved key switch and an approved remote opening device shall be installed and maintained operational at all times or locked in the open position until operational. 503.6.1 Vehicle access gates. Vehicle access gates or barriers installed across streets shall be in accordance with the Newport Beach Fire Department Guideline 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 503 Fire Apparatus Access Roads is amended by adding Sections 503.7 and 503.8 to read as follows: 503.7 Speed Bumps. Speed bumps are prohibited. 503.8. Obstructions. Any obstructions in required fire access roadways such as speed humps or other traffic calming measures, when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Guidelines. Section 505.1 Address identification is amended to read as follows: 505.1 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non- combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. All multi -unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that would allow fire department access in an emergency situation. In no case shall the numbers be less than four inches (102 mm) in height for residential and six inches (152 mm) in height for commercial with a one inch (25 mm) stroke. Multiple residential and commercial units having entrance doors not visible from the street or road shall, in addition, have approved numbers grouped for all units within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a substantial mounting post independent of the structure. Illumination shall be provided as required by the City. Section 506.1 Where required is amended by adding Section 506.1.2 to read as follows: 506.1.2 Key box contents. When a Key box is required it shall contain sets of keys as required by the fire code official. The following types of keys shall be provided: A. Keys to locked points of ingress whether on the interior or exterior of the building. B. Keys to locked mechanical equipment rooms. C. Keys to locked electrical rooms. D. Keys to elevator controls. E. Keys to other areas as directed by the fire code official. Section 510.1 Emergency responder radio coverage in buildings is amended to read as follows: 510.1 Emergency responder radio coverage. Effective emergency responder radio coverage shall comply with the Newport Beach Fire Department guideline D.05 Public Safety Radio Coverage and apply to all of the following buildings and structures: 1. Any building or structure which has more than 3 stories above grade plane. 2. Any building or structure, regardless of the number of stories, in which any single floor space exceeds 45,000 square feet. 3. Any building or structure containing a subterranean space of 250 square feet or more. For buildings and structures three stories or less above grade plane, or less than 45,000 square feet on any single floor, only the subterranean space shall comply. 4. Any building or structure deemed likely to have diminished in- building communications due to the use of certain construction materials, window coatings, shape, location, or other factors as determined by the fire code official. Exceptions: 1. One and two family dwellings. 2. A building or structure which supports adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communications System as described in the RCSC without the need for bi- directional amplification system. 3. A reconstructed building or structure in which less than 50% of the interior and /or exterior vertical structural or non - structural elements measured by wall surface area are uncovered during a contiguous 24 month period. 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 official. 9.04.060 Amendments to Chapter 6 Building Services and Systems Section 604 is amended by adding Section 604.2.15.2.2 to read as follows: 604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 604.2 of the California Fire Code in the following locations: A. In the main exit corridor of each floor, adjacent to each exit enclosure. B. On every level in every stairwell. C. In each elevator lobby. D. In public assembly areas larger than 1,500 square feet (139.36 M2). E. In every fire control room. F. In such other areas as may be designated by the fire code official. Chapter 6 Building Services and Systems is amended by adding Sections 610 and 611 to read as follows: SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS) 610.1 General. Breathing air replenishment systems shall be installed in accordance with the requirements of Section 610. 610.2 Breathing air replenishment systems. All high rise buildings having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicular or personnel access (as determined by the fire code official), or located 55 feet (16,764 mm) below the level of fire department vehicular or personnel access (as determined by the fire code official) shall be equipped with an approved breathing air replenishment system for firefighters. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of self contained breathing air carried by firefighters in the performance of their duties. The location of refill stations, installation of the system, and maintenance of BARS shall be in accordance with Newport Beach Fire Department Guideline D.02 Firefighter Breathing Air Replenishment Systems. 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 gross building area enclosed within exterior walls. 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, 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. When the addition and /or reconstruction is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet (465 m2. Section 903.2.11.3 Buildings 55 feet (16,764 mm) or more in height is amended to read as follows: 903.2.11.3 Buildings 40 (12,192 mm) feet or more in height. An automatic sprinkler system shall be installed throughout all buildings having floors used for human occupancy located more than 40 feet (12,192 mm) above the lowest occupied floor, basement floor or parking level floor, as determined by the fire code official. Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Sections 903.3.1.2.2 and 903.3.1.2.3 to read as follows: 903.3.1.2.2 Alarms. Local waterflow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. A minimum of one approved interior alarm device in each unit shall be provided. Sound levels in all sleeping areas shall be minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. 903.3.1.2.3 Permissible omissions. Sprinklers may be omitted from penthouse equipment rooms, crawl spaces, floor ceiling spaces, elevator shafts, and other concealed spaces that are not intended for living purposes or storage. Sprinklers may also be omitted from attics, which are not located over dwelling units. When attics are separated by a unit, each unit's attic space may be protected per the NBFD amended NFPA 13D section on head locations in attics of single family homes. All other attics shall be protected per NFPA 13. Section 903.3,1.3 NFPA 13D Fire Sprinkler Systems is amended by adding Sections 903.3.1.3.1, 903.3.1.3.2, and 903.3.1.3.3 to read as follows: 903.3.1.3.1 Valves. The sprinkler system piping shall not be provided with its own control valve. 903.3.1.3.2 Exterior and interior alarms. Exterior alarm indicating device shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide audibility throughout the structure. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA. Audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Exceptions: A. When an approved water flow monitoring system is installed, interior audible devices may be powered through the CSFM listed fire alarm control panel. B. When smoke detectors specified under CBC are used to sound an alarm upon waterflow switch activation. Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows: 903.3.1.4 System design. Shall be in accordance with Newport Beach Fire Department Guideline F.02 Fire Sprinkler System Design Pressure. Section 907.1 General is amended by adding section 907.1.6 to read as follows: 907.1.6 System design. No building shall have more than one fire alarm panel. All fire detection and protection devices shall operate and be connected to the building fire alarm panel. Smoke detectors connected to the alarm system shall have a visible indicator that displays the status of the detector. When a detector is located in a space above a drop ceiling, the indicating light shall be located at a location designated by the fire code official. Section 907.2.2 Group B is amended to read as follows: Section 907.2.13 High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle access is amended to read as follows: 907.2.13 High -rise buildings. All occupancies having floors used for human occupancy located more than 55 feet (16,764 mm) above or more than 55 feet (12,192 mm) below the lowest level of fire department vehicle access as determined by the fire code official, shall be provided with an automatic fire alarm system and a communication system in accordance with 907.2.13.2. All fire protection devices shall be connected to, and operate with the main building fire alarm panel. No building shall have more than one fire alarm panel. Exceptions: 1. Airport traffic control towers in accordance with Sections 412 and 907.2.22 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the California Building Code. 4. Low - hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. In Groups 1 -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification shall be broadcast by the emergency voice /alarm communication system. Section 907.2.19 deep underground buildings is deleted in its entirety. Section 907.4 Fire safety functions is amended by adding section 907.4.5 to read as follows: 907.4.5 Door release service. All doors within interior service corridors of commercial occupancies shall be equipped with automatic closing devices released by smoke detectors or smoke detection systems. Section 912 Fire Department Connections is amended by adding Section 912.1.1 and amending 912.2 to read as follows: 912.1.1 Configuration. The fire department connection shall contain a minimum of two- 2 ' /z" inlets. The location shall be approved and be no more than 150 feet (45.72 m) from a public hydrant. 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. Exceptions: A. When the sprinkler density design is 500 gpm (including the interior hose stream demand) or greater, or a standpipe system is included, four 2'/" inlets shall be provided. B. The fire department connection may be located within 150 feet (45.72m) of a private hydrant providing the fire department connection pipe is connected to the fire sprinkler system by a stand -alone pipe that connects down - stream of the sprinkler system check valve. 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. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. 9.04.080 Amendments to Chapter 27 Hazardous Materials — General Provisions Section 2703.12 Outdoor Control Areas is amended by adding item #5 to read as follows: 5. Outdoor control areas shall be protected against tampering or trespassers by fencing or other control measures as approved by the fire code official. Section 2704.1 Scope is amended by adding Section 2704.1.1 to read as follows: 2704.1.1 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. 9.04.090 Amendments to Chapter 33 Explosives and Fireworks Section 3301.1 Scope is amended and Sections 3310 and 3311 are added to read as 11Mire 31 3301.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Chapter 33. 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 3310 FIREWORKS 3310.1 Fireworks 1.4G and fireworks 13G. No person shall store, use, sell, possess, or handle fireworks 1.4G, (commonly referred to as "Safe and Sane ") and fireworks 1.3G anywhere in the City of Newport Beach. Exception: Fireworks 1AG and fireworks 1.3G may be part of an electronically fired public display when permitted and conducted by a licensed pyrotechnic operator. 3310.2 Seizure of fireworks. The fire code official 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 3311 STORAGE OF EXPLOSIVES AND BLASTING AGENTS 3311.1 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. 9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids Section 3404.2.11.2 is amended by adding #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 3406.4 Bulk plants or terminals is amended to read as follows: 3406.4 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 3406.4.1 through 3406.4.10.4. 9.04.110 Amendments to Chapter 45 Marinas Section 4502.1 Definitions is amended by adding the definition of "Dock" to read as follows: 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. Section 4503.6 Berthing and storage is amended and Sections 4503.6.1 and 4503.6.2 are added to read as follows: 4503.6 Berthing and storage. Berthing and storage shall be in accordance with Chapter 7 of NFPA 303 and this section. 4503.6.1 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 vessels stern. 4503.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. Who 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 Guideline A,10 Multiple Berthing and /or Rafting at Special Events. Section 4504.1 General is amended to read as follows: 4504.1 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 4504.2 through 4504.6. Section 4504.2 Standpipes is amended to read as follows: 4504.2 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 Guideline F.01. Marinas, Wharfs, and Piers. 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas Chapter 49 has been deleted and amended to read as follows: SECTION 4901 CLEARANCE OF BRUSH FROM STRUCTURES 4901.1 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 Chapter 49 to maintain a defensible space to protect structures within Special Fire Protection Area(s). Persons owning, leasing, controlling, structures requiring defensible spaces removing non -fire resistive vegetation. operating, or maintaining buildings or shall be responsible for modifying or These regulations apply to 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. SECTION 4902 DEFINITIONS 4902.1 Definitions 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 4903 MAINTENANCE OF DEFENSIBLE SPACE 4903.1 Trees. All trees located within 100 feet (30.48 m) of any portion of a structure shall comply with the following guidelines: (For Fuel Modification Zones: all trees located between a structure and the edge of the "A" Zone proximal to the structure.) Existing trees are not required to have a separation of tree canopies but shall be maintained free of all dead or dying foliage. The selection of any new trees shall be made from the fire resistive plant list, and the trees shall be planted such that mature canopies shall have a minimum separation of ten feet (3.048 m). For the purposes of this document branch tip to branch tip is synonymous with the term canopy to canopy. Trees shall be maintained free of dead wood and foliage, and all dead trees shall be removed. Where shrubs and bushes located within the drip line of a tree, the lowest tree branch shall be at least three times as high as the shrub and /or bush. This process will remove the potential for fires to spread from lower shrubs and bushes to higher trees and structures. Trees extending to within five feet of any structure shall be pruned to maintain a minimum clearance of five feet. 4903.2 Shrubs and bushes. All shrubs and bushes located within 100 feet (30.48 m) of any portion of a building shall comply with the following guidelines: (For Fuel Modification Zones: All shrubs and bushes located between a structure and the edge of the "A" Zone proximal to the structure.) All dead and dying growth shall be removed from shrubs and bushes. All shrubs and bushes not on the fire resistive plant list shall have a minimum separation of ten feet apart branch tip to branch tip. One to three shrubs and bushes together in a small group can be considered a single bush if properly maintained. All shrubs and bushes that are listed on the fire resistive plant list need not be separated if properly maintained as determined by the fire code official. For the purpose of firefighter entrance and egress, a minimum of three feet of access shall be provided along both sides of any structure. 4903.3 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 Fuel Modification Zones: All ground cover located between a structure and the edge of the "A" Zone proximal to the structure.) Ground cover that is properly planted, irrigated, and maintained is permitted within the defensible space. Non - planted areas may be covered with a maximum of five inches (127 mm) of chipped biomass or its equivalent. All ground cover that is either dead and /or dying shall be removed. 4903.4 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). 4903.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: Leaves, needles, twigs, and other combustible matter shall be removed from roofs and rain gutters. Any portion of any tree, bush or shrub, which is located within ten feet of the outlet of a chimney, shall be removed. 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. Nothing contained in this section shall be deemed to preclude the fire code official from requiring more than the minimum specific requirements set forth above when the fire code official determines that conditions exist, which necessitate greater fire protection measures. SECTION 4904 MAINTENANCE OF FUEL MODIFICATION ZONES 4904.1 General. All elements of the fuel modification plan shall be maintained in accordance with the approved plan. Fuel modification zones not in compliance with their fuel modification plan constitute a fire hazard. SECTION 4905 CONSTRUCTION REQUIREMENTS FOR STRUCTURES ADJACENT TO SPECIAL FIRE PROTECTION AREAS 4905.1 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, re- construction and additions to structures located on parcels of land adjacent to 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 shall be built in accordance with the regulations found in Section 4905 of this code. 4905.2 Definitions. For the purpose of this section, certain terms are defined as follows: EXPOSED SIDE: The exposed side of the structure is defined as the exterior wall or walls which face adjoining wildland space or a designated fuel modification zone. RECONSTRUCTION: Any building undergoing construction within any 2 -year period, in which the floor area of reconstruction is 50 percent or more prior to the submittal of a building permit application, shall comply with the Building and Fire Code provisions for new construction. SPECIAL FIRE PROTECTION AREA: 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. Special Fire Protection Areas include, but are not limited to, Very High Fire Hazard Severity Zones. UNENCLOSED STRUCTURE: Includes structures with a roof and no more than one side enclosed. VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the California Government Code, Section 51178, which contains the type and condition of vegetation, topography weather and structure density which potentially increases the possibility of wildland conflagration fires. 4905.3 Authority. The Fire Chief shall have the authority to designate all Special Fire Protection Areas. 4905.4 Fuel Modification Requirements for New Construction. All new and reconstructed structures located on parcels of land adjacent to the City of Newport Beach Special Fire Protection Area, which directly abut wildland space or a designated Fuel Modification Zone on one or more sides shall comply with this section. 4905.4.1 Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. The plans shall be developed using the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas. 4905.4.2 Maintenance. All elements of the approved fuel modification plan shall be maintained in accordance with the approved plan. 4905.4.3 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. 4905.5 Issuance of grading or building permits. No grading permit or building permit shall be issued for new and reconstructed structures prior to the submittal and approval by the Fire Department of preliminary fuel modification plans as required by this section. 4905.6 Street widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width. SECTION 4906 BUILDING CONSTRUCTION FEATURES 4906.1 Proximity to property lines. New and reconstructed structures shall be not less than five feet (1524 mm) from an adjacent property line. Exception: Exterior walls with no openings facing adjoining property are exempt from the requirements of this section provided the exterior side of the wall is constructed of ignition resistant material, one hour fire resistant, or heavy timber construction. SECTION 4907 SPECIAL FIRE PROTECTION AREAS/VERY HIGH FIRE HAZARD SEVERITY ZONE MAP 4907.1 Map. The Fire Chief shall cause an official map of the Special Fire Protection AreaNery High Fire Hazard Severity Zones to be prepared. The map shall be reviewed and updated on a three -year basis or more frequently as deemed necessary. When a property is excluded from a Special Fire Protection AreaNery High Fire Hazard Severity Zone or added to a Special Fire Protection AreaNery High Fire Hazard Severity Zone, the Fire Chief shall cause the Special Fire Protection AreaNery High Fire Hazard Severity Zone map to be amended to reflect such exclusion or addition. SECTION 4908 USE OF EQUIPMENT IN SPECIAL FIRE PROTECTION AREAS 4908.1 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 any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as defined in Section 4909.3 of the Fire Code maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 4909.4 of the Fire Code. 4908.2 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. 4908.3 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. 4908.4 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 4909 RESTRICTED ENTRY TO HAZARDOUS FIRE AREAS 4909.1 General. The Fire Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited. Exceptions: A. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands. B. Entry in the course of duty by peace or police officers, and other duly authorized public officers, members of a fire department, and members of the United States Forest Service. SECTION 4910 TRESPASSING ON POSTED PROPERTY 4910.1 General. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided. 4910.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. 4910.3 Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty. SECTION 4911 EXPLOSIVES AND BLASTING IN HAZARDOUS FIRE AREAS 4911.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the fire code official. SECTION 4912 OPEN FLAME DEVICES IN HAZARDOUS FIRE AREAS 4912.1 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 hazardous fire areas, except by permit from the fire code official. Exception: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass -, grain -, brush -, or forest - 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 hazardous fire areas. Exception: The proper use of a fuse at the scene of emergencies. SECTION 4913 OUTDOOR FIRES IN HAZARDOUS FIRE AREAS 4913.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas, except by permit from the fire code official. Exception: Outdoor fires within habited premises 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 (9144 mm) from a grass -, grain -, brush- or forest - covered area. 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 hazardous fire areas under the following conditions: A. When high winds are blowing, B. When a person age 18 or over is not present at all times to watch and tend such fire, or C. When public announcement is made that open burning is prohibited. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. SECTION 4914 RECREATIONAL FIRES IN SPECIAL FIRE PROTECTION AREAS 4914.1 General. Recreational fires shall not be built, installed, or maintained in Special Fire Protection Areas without prior approval of the fire code official. Combustible solid fuels are prohibited in special fire protection areas, only natural gas or propane flame is allowed regardless if a spark arrestor is utilized. Incinerators, 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 or door. Exception: When approved, unprotected openings in barbeques and grills necessary for proper functioning. 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 8105.1. 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 Urgency Ordinance was adopted on the 6th day of December, 2010, by the following vote to wit: AYES, COUNCILMEMBERS Selich, Rosansky , Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT, COUNCILMEMBERS None MA ATTEST: 4k�'� CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE 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 Urgency Ordinance No. 2010.24 was adopted by the City Council of said City at a special meeting of said Council, duly held on the 6th day of November, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 7th day of December, 2010. (Seal) QoRrs �O City Clerk City of Newport Beach, California CALIFr% CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Urgency Ordinance No. 2010 -24 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: Adopted Urgency Ordinance: December 11, 2010 2rd Z - (nI In witness whereof, I have hereunto subscribed my name this 3 day of y�l V � t'r 1 l 28i0- City Clerk City of Newport Beach, California STATE OF CALIFORNIA— STATE AND CONSUMER SERVICES AGENCY EDMUND G. BROWN 1R Governor BUILDING STANDARDS COMMISSION 2525 Natomas Park Drive, Suite 130 Sacramento, California 95833 -2936 (916) 263 -0916 FAX(916)263,0959 s January 3, 2011 Mr. Ron Gamble, Fire Marshal City of Newport Beach Fire Dept. P.O.Box 768, 3300 Newport Blvd. Newport Beach, California 92658 -8915 Dear Mr. Ron Gamble: This letter is to acknowledge receipt on December 20, 2010 of the City of Newport Beach Fire Dept. submittal pertaining to Ordinance No. 2010 -24 with findings and is acceptable for filing. Per Health and Safety Code Section 17958.8 no modification or change to the California Building Standards Code shall become effective or operative for any purpose until the finding and the modification or change have been filed with the California Building Standards Commission (the Commission). This letter attests only to the filing of these local modifications with the Commission, which is not authorized by law to determine the merit of the filing. As a reminder, local modifications 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. In addition, should you receive Fire Protection District ordinances for ratification, it is required to submit the ratified ordinances to the Department of Housing and Community Development [H &SC Section 13869.7(c)], attention State Housing Law Program Manager, rather than the Commission. If you have any questions or need any further information, you may contact me at (916) 263 -0916. Sincerely, 4 rique M. Rodriguez Associate Construction Analyst cc: Chron Local Filings • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 % 4/� /fj1:F W C. Date of Delivery different from itern 1? 0 Yes my address below: 0 No 3. Se��ice Type ;,certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery! Pft Fee) 0 yes 2. (Tuns rfrom 7001 0320 0000 9972 0505 (irons /er from service labeQ PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 UNITED STATES POSTAL SERVICE I First -Class Mail I Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP +4 in this box ,f' _. FIRE PREVENTION DIVISION , CITY OF NEWPORT BEACH FIRE DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 82658016 December 16, 2010 Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 RE: City of Newport Beach Local Amendments to the 2010 Califoria Fire Code To Whom It May Concern: At its December 6h, 2010 City Council meeting, the Newport Beach City Council passed Ordinance No. 2010 -24 which adopted and amended the 2010 California Fire Code. The ordinance contained the following express findings with regard to the locally adopted amendments: 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; 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 and narrow and congested streets and the expected infrastructure damage inherent in 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. Enclosed, please find the following documents: • Ordinance 2010 -24 passed on December 6th, 2010 by the Newport Beach City Council, signed by the mayor and certified by the city clerk. The ordinance contains the express findings of the Council with regard to local climatic, geological and topographical conditions as well as a complete set of the adopted amendments. • The summary of the local amendments with reference to the express findings made by the city council, where applicable. Please contact me at 949 - 644 -3353, or by email at rgamble'c�nbfd.net if you have any questions regarding this submittal. Si er l � Ron Gamble Fire Marshal