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Home My WebLink About08 - Fire Code AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644 -3101 slewis(a)city.newport- beach.ca.us Police Department Robert Luman, Chief of Police, 644 -3701 rluman(a)nbpd.org SUBJECT: Amendment of the Newport Beach Municipal Code, Title 9; Fire Code. RECOMMENDATION: Introduce the following ordinance and pass to second reading. Ordinance No. An ordinance of the City Council of the City of Newport Beach amending Title 9, Chapter 9.04, Section 9.04.040, Subsections 511, "Public radio system coverage" and Subsection 512, 'Building Information," of the Newport Beach Municipal Code. DISCUSSION: This is a request to update Title 9 of the Newport Beach Municipal Code by amending a previously adopted amendment to the 2007 Fire Code which was adopted on January 1", 2008, by the Newport Beach City Council. BACKGROUND: Development of large commercial, industrial, and residential metal and concrete buildings in the City of Newport Beach has significantly reduced the capability of the Newport Beach Fire and Police Departments to effectively communicate with their field personnel on the radio system since the County of Orange converted its public safety radio systems to the 800 MHz Countywide Coordinated Communications System — a hazard exacerbated in subterranean or dense structures. The proposed amendment to the Newport Beach Municipal Code will require builders, owners, and developers of non - exempted new and reconstructed buildings and subterranean structures to submit Amendment of NBMC Title 9, Fire Code November 24, 2009 Page 2 to field radio testing and to install in- building coverage systems in areas of those buildings that do not permit effective public safety radio communications. Both the 2000 -2001 Orange County Grand Jury and the Orange County Sheriff's communication engineers have studied this issue and recommended the installation of in- building coverage systems to augment firefighters' and police officers' portable radios while operating in buildings that, due to their construction, impede and /or impair effective radio communication. The proposed ordinance will accomplish this goal by requiring the integration of a bi- directional amplifier system or alternate in- building coverage system in new buildings over three stories and subterranean structures. As a result, the occupants of these buildings will enjoy much greater safety and security in knowing that fire and police services will be able to communicate effectively in the event of an emergency. In- building coverage systems, which have proven to be extremely effective, have been installed in 35 different buildings in Orange County, including major locations such as the Buena Park Mail, South Coast Plaza, Saddleback Hospital, and John Wayne Airport. This ordinance excludes one and two family dwellings and under most circumstances, the following: Any building or structure with less than four stories above grade (without a single floor greater than forty five thousand (45,000) square feet). Any reconstructed building or structure undergoing less than 50% reconstruction during two contiguous years. Any subterranean space in a commercial structure of less than two hundred and fifty (250) square feet. Section 512 is a current amendment to the locally adopted Fire Code that is being relocated to accommodate the new Section 511. Prepared by: Steve Bunting , Fire Marshal Submitted by: Steve Lewis Fire Chief ?o Chief of Police ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE The City Council of the City of Newport Beach finds as follows: WHEREAS, The City of Newport Beach ( "City ") provides public safety services to its community including police services through the Newport Beach Police Department ( "NBPD ") and fire services through the Newport Beach Fire Department ( "NBFD "); and WHEREAS, development throughout the City has caused interference to the 800 MHz Countywide Coordinated Communication System used by both the NBPD and the NBFD during normal and emergency operations; and WHEREAS, said radio interference results in a lack of radio transmission quality and degradation of essential public safety emergency radio communications and, as a result, is a potential threat to the safety of emergency workers and to the public; and WHEREAS, in order to minimize the danger to life caused by ineffective communications, all planned construction of new buildings and renovations of existing buildings that does not provide for the necessary level of communication under the 800 MHz Countywide Coordinated Communications System must be equipped with technology that will allow effective and continuous radio communication to be maintained within the building; and WHEREAS, The proposed ordinance constitutes a "local security standard" regulating the erection, construction, or alteration of buildings within the City; NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1. Section 9.04.040 of the Newport Beach Municipal Code is hereby revised and amended as follows: The title of Section 9.40.040 is deleted and revised to read as follows: 9.04.040 Amendments to Chapter 5, "Fire Service Features" of the 2007 California Fire Code and the 2006 International Fire Code. Section 511 of Chapter 5 is deleted in its entirety and amended to read as follows: Section 511 Public safety radio system coverage -- Intent and purpose The intent of the section is to provide a regulatory framework for the purpose of providing effective 800 MHz Countywide Coordinated Communication System coverage throughout the City of Newport Beach for police and fire emergency services. Amendment of NBMC Title 9, Fire Code November 24, 2009 Page 4 Section 511.1 Definitions The following words, terms, and phrases when used in Section 511 shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning: A. Bi- directional amplifier (BDA) shall mean a specialized radio frequency amplifier that, in conjunction with signal boosters, a radiating cable system and/ or a distributed antenna system, receives specific public safety radio frequency signals from an antenna and amplifies and retransmits the signals. B. City of Newport Beach Public Safety Radio System Coverage Standards (RSCS) shall mean those standards officially adopted and published by the Newport Beach Fire Chief to provide optimum coverage and radio effectiveness within buildings and structures under the Countywide Coordinated Communication System. C. Countywide Coordinated Communication System (CCCS) shall mean that radio system used by local law enforcement, fire, lifeguard and public works departments within the County of Orange for emergency and non - emergency radio communication on the 800 MHz radio band. D. FCC - certified technician shall mean an individual who is qualified with a General Radiotelephone Operator License (GROL/PG), or equivalent, to review design plans and perform tests in affected structures to measure RSCS. E. NBFD shall mean the Newport Beach Fire Department. F. NBPD shall mean the Newport Beach Police Department. G. OCSD /Communications shall mean the Orange County Sheriff - Coroner Department/Communications Division. H. Reconstruction. For purposes of this section the word "reconstruction" shall mean remodel, renovation or alterations to a building or structure in which 50% or more of the vertical structural or non - structural elements, by wall surface area, are uncovered during a contiguous 24 month period. I. Special inspector shall mean an FCC - certified technician approved by the City of Newport Beach. Section 511.2. Where required An in- building 800 MHz radio signal amplification system, which will support the Countywide Coordinated Communications System, shall be installed in the following buildings or structures: Amendment of NBMC Title 9, Fire Code November 24, 2009 Page 5 A. Any building or structure which has more than 3 stories above the grade plane. B. Any building or structure, regardless of the number of stories, in which any single floor space exceeds 45,000 square feet. C. 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. D. 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 to subsections A through D: 1. One and two family dwellings. 2. A building or structure for which a building permit has been issued prior to the effective date of this ordinance. 3. 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 a bi- directional amplification system. 4. A reconstructed (remodel, renovation or alteration) building or structure in which less than 50% of the vertical structural or non - structural elements, by wall surface area, are uncovered during a contiguous 24 month period. E. No certificate of occupancy shall be issued for any building or structure covered in subsections A through D of this section, nor shall any such building or structure be occupied, absent proof of compliance with this section. F. For the purposes of Section 511, adequate radio coverage shall be as specified in the RSCS. Sec. 511.3 Testing procedures Test of radio coverage will be conducted pursuant to those specifications in the RSCS, as summarized below. A. Initial Test. Initial tests will be performed by FCC - certified technicians in accordance with test standards as listed in the RSCS. A certificate of occupancy shall not be issued if said structure, or any part thereof, fails to comply with these test standards. B. Annual tests. Annual tests will be conducted by NBFD personnel, or their agent in accordance with the test standards as listed in the RSCS. Amendment of NBMC Title 9, Fire Code November 24, 2009 Page 6 Sec. 511.4 Amplification systems allowed Buildings and structures that cannot support the required level of radio coverage shall be equipped with bi- directional amplification systems as specified in the RSCS. Sec. 511.5 Maintenance A. Any building or structure required by Section 511.2 to support the CCCS after the effective date of this ordinance shall remain in compliance with the specifications in the RSCS. B. The owner of any building or structure which has an 800 MHz bi- directional amplification device(s) installed to meet the requirements of Section 511 shall be responsible for keeping the building or structure in compliance with the specifications in the RSCS. Sec. 511.6 Building or structure changes Renovations, additions and all other structural and non - structural changes or modifications to a building or structure required by Section 511.2 to comply with the specifications in the RSCS, shall not diminish the radio coverage within the building or structure to a level less than that which was approved prior to the issuance of the original certificate of occupancy. Sec. 511.7 Costs The FCC - certified technician is the special inspector who shall be employed by the owner, the engineer or architect of record, or agent of the owner, but not the contractor or any other person responsible for the building or structure construction. Sec. 511.8 Non - compliance and penalty A. After discovery of non - compliance, the building owner shall be provided fourteen (14) days from written notification by the fire code official to remedy the deficiency and return the system to full compliance. Should the building owner fail to remedy the deficiency within fourteen (14) day of written notification, the fire code official may order the work to be performed by a qualified contractor. The building owner shall be responsible for the full cost of the repair plus an administrative fee as established by Council resolution. B. It shall be unlawful for any person, firm or corporation to violate any provision or fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provisions of this ordinance or failing to comply with any of its requirements shall be- punished in accordance with Chapter(s) 1.04 and /or 1.05 of the Newport Beach Municipal Code. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any Amendment of NBMC Title 9, Fire Code November 24, 2009 Page 7 of the provisions of this ordinance is committed, continues or permitted by such person, form or corporation, and shall be punishable therefore as provided for in this ordinance Chapter 5. Chapter 5 is amended by adding Section 512 to read as follows: Section 512 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. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 200, and adopted on the day of , 200_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES. COUNCILMEMBERS ABSENT COUNCILMEMBERS 1'V• 7 ATTEST: CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214. September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 28, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 2, 2009 at Costa Mesa, California. • RECEIVED 2m9 DEC -4 AM &- 43 ORCE OF THE CITY UR CITY OF N =,VMRT KO an-F ttit -a--- R"W= ommium outrun WrCE 6 11EPEn CA" M m nPMEY 24. M !e off Caroni a M cm a Mr.Pa09PPN, crag... mmbaa >n 011011000 wa NW31 wawa IN CM Caw OF TO C" OF 111110 t✓IMIOYtI MU f a rd t em BLUM FM taoro m Pi" Cwm ooato 5 net CONFAK N � v00 a•ayP O ,Wlfn Of b1WYp baa.bmb�K NyI b Ik OIlE PI iota u ans0 cm rnxam a nn. eama Nonrormrarmy No" tat aor mt Pro+a a er �eaa sri iPw a cumunn mn aan a aoC wr Cmatrr camnnoov. S01W s,r.m .. r P9,r0eC .� raP �.Proea� b turn n 25b ar a � . 2009 um�� Own. ara+ uy a w.00t e.m I -� b Authori2ed to Publish Advenlsements of all kinds including public notices by Decree of the, 1961. a d A- of (hinge County, California. Numlx r y(t� ^ � I`/� D September 29, 1961, and A -24831 June 11, 1963. l�,-jj (` , PROOF OF PUBLICATION ?M9 STATE OF CALIFORNIA) alYOF ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: December 12. 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 16, 2009 at Costa Mesa, California. 1 Signat 18 AM011 'E,y`j WV "v r� a. J 4f t`H t..ttlL•f' CITY OF NEWPORT BEACH PUBLIC NOTICE ORDINANCE SUMMARY NOTICE IS HEREBY OVEN IMI an Dac w 8. 2009. ma CM Cou,a of M Oty of N. 4 Bs . C.HOmro. ww1w n Oro Mm. MtaW ORDINANCE NO 2009-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE TM wowaea OVn." .0 amt oonwucta^ ra msrAfMrp K1�v4rsf n raRsrM semao etas 01 rlgpinMl eM1MCIf and rpu... • iron y c+ 9.'W If IonM/d n . rosbfntW 0wof .M a Yvea Ian• > =y wdt +�tofrry. ouuPp n+ora mgr t20 Wa.r/ I.M al .rw of M, X00/MY M area. n n. a Mgnt 11 naro 8w� 2t fM TM fm0oaao DMnnlx w/ INO derma P>rn9 or It"" of IM toq,NVp IYMnrnfldMMlpftnctf If >✓aC MMIO/ N/MU/B n ooxf of 38 MI In spin, dpnmpGyl nnK/af n ssuu of 12 alto .n /^r wa. morns Nde a oar yaN sea. ra Iry NMKb n ary fW. 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