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HomeMy WebLinkAbout2011-4 - Amending Title 9 Of the Newport Beach Municipal Code to Adopt Local Amendments to the Fire CodeORDINANCE NO. 2011 -4 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, and 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: 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 activity 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. 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. 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. 9.04.050 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. 9.04.060 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 and exceeds 50% of the area of the existing structure. b. An addition, when the existing building is already provided with automatic sprinklers. Exception: 1. The Building and Fire Official may approve alternative methods and materials when an equivalent or greater level of fire protection is achieved. Section 907.6.2.2 Emergency voice /alarm communication systems is amended to read as follows: 907.6.2.2 Emergency voicelalarm 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 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 Wildiand -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. 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 11th day of January , 201 1, and adopted on the25th day of Tnnuary , 201_1__, by the following vote, to wit: AYES, COUNCILMEMBERS Hi11, Rosansky, Gardner, Curry, Selich, Daigle, Mayor Henn NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ATTEST: �14 & 'Q 0 1 CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY avid 1 ,,Ant, ei ttorney 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 Ordinance No. 2011.4 was duly and regularly introduced on the 11th day of January, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of January, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Curry, Selich, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of January, 2011. ���( �Or�— t �V� At✓I City Clerk City of Newport Beach, California (Seal) 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 Ordinance No. 2011 -4 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: January 15, 2011 Adopted Ordinance: January 29, 2011 In witness whereof, I have hereunto subscribed my name this M day of 2011. City Clerk City of Newport Beach, California STATE OF CALIFORNIA —STATE AND CONSUMER SERVICES AGENCY GOVERNOR EDMUND G. BROWN JR. BUILDING STANDARDS COMMISSION 2525 Natomas Park Drive, Suite 130 .e Sacramento, California 95833 -2936 (916) 263 -0916 FAX (916) 263 -0959 April 04, 2011 Mr. Ron Gamble, Fire Marshal Adoption of the Fire Code Ordinance City of Newport Beach 3300 Newport Boulevard, P.O.Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Ron Gamble: This letter is to acknowledge receipt on February 10, 2011 of the City of Newport Beach submittal pertaining to Fire Code Ordinance No. 2011 -4 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 nn e M. Rodriguez Associate Construction Analyst cc: Chron Local Filings En Total Poster m se t T° Building Standards Commission ° ss�e; Apc ti 2525 Natomas Park Dr., Ste 130 ri orpo"""o Sacramento CA95833 C3 qty. Sfate, Zh - :rr • Complete items 1, 2, and 3. Also complete Rem 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 Dr., Ste 130 Sacramento, CA 95833 A. Signalur �SiYYii7 {'iJIL'rYT1Y�1� "_e,.u:. r: D. Is delivery addrIeg different from Rem 1? 0 Ye If YES, enter delivery address below: 0 No 3. Service Type VicertRied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Brtra Fee) 0 Yes 2. Article Number 7001 0320 0000 9972 0420 (rrans/er Irom serv/ce label) Ps Form 3811, February 2004 Domestic Return Recelpt 102535-02 -M -1540 ry S O rtl Postage $ Certified Fee Postmark Return Receipt Fee Here ° ( Endorsement Requiretl) C3 Restricted Fee nt Fegry ° (Endorsement Required) joma ° En Total Poster m se t T° Building Standards Commission ° ss�e; Apc ti 2525 Natomas Park Dr., Ste 130 ri orpo"""o Sacramento CA95833 C3 qty. Sfate, Zh - :rr • Complete items 1, 2, and 3. Also complete Rem 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 Dr., Ste 130 Sacramento, CA 95833 A. Signalur �SiYYii7 {'iJIL'rYT1Y�1� "_e,.u:. r: D. Is delivery addrIeg different from Rem 1? 0 Ye If YES, enter delivery address below: 0 No 3. Service Type VicertRied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Brtra Fee) 0 Yes 2. Article Number 7001 0320 0000 9972 0420 (rrans/er Irom serv/ce label) Ps Form 3811, February 2004 Domestic Return Recelpt 102535-02 -M -1540 UNITED STATES POSTAL SERVICE I I I II I LISPS o. G- First-Class N Q Paid Permit • Sender: Please print your name, address, and ZIP +4 in this box CITY OF NEWPORT BEACH FIRE DEPARTMENT" P.O. BOX 1768 NEWPORT BEACH, CA, 92658 -8915