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Home My WebLink About03 - Building Standards Commission letterSCOTT L. POSTER FIRE CHIEF NEWPORT BEACH FIRE DEPARTMENT October 17, 2012 P.O. Box 1768, 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915 PHONE: (949) 644 -3104 FAX: (949) 644 -3120 WEB: WWW.NBFD.NET VIA CERTIFIED REGISTERED MAIL Building Standards Commission 2525 Natomas Park Drive Suite 130 Sacramento, CA 95833 -2936 RE; CITY OF NEWPORT BEACH LOCAL AMENDMENT TO THE 2010 CALIFORNIA FIRE CODE Dear Commission: Please be advised at the City of Newport Beach's September 25, 2012 City Council meeting, the Newport Beach City Council passed Ordinance No. 2012 -21 which adopted and amended the 2010 California Fire Code. The ordinance contained the following express findings with regard to the locally adopted amendments. A. On December 6, 2010, the City of Newport Beach adopted Ordinance 2010 -24 requiring that all high rise buildings be equipment with an approved Breath Air Replenishment Systems ( "BARS ") for firefighters. The BARS were designed to provide an adequate pressured fresh air supply through a permanent piping system for the replenishment of self - contained breathing air carried by fighters in the performance of their duties. The required breathing air for the BARS Is then supplied into the permanent piping system by a mobile breathing air unit, essentially a breathing air compressor on wheels. B. The City's Fire Code specifies that the location of the air refill stations, installation of the BARS, and the maintenance of the BARS be designed and installed in accordance with their guideline D.02 specification that the connections for the BARS must be compatible with the NBFD's mobile breathing air unit. This equipment no longer exists in the City of Newport Beach, nor is a replacement unit proposed. Without a mobile breathing air unit, the system cannot be utilized by firefighters in the performance of their duties fighting a fire in a high rise building. Building Standards Commission October 17, 2012 Page 2 C. Absent the availability of our own mobile air unit, and issues with multi- agency adoption and training, we find that the strict application of the local Fire Code in this specific setting is not practical. Enclosed, please find the following documents: o Ordinance 2012 -21 passed on September 25, 2012 by the City of Newport Beach City Council, signed by Mayor Gardner and certified by the City Clerk. The ordinance contains the express findings of the Council with regard to absent the availability of a NBFD mobile breathing air unit, the strict application of the City's Fire code in this specific setting is not practical as well as a complete set of the adopted amendment. The summary of the local amendment with reference to the express findings made by the City Council, where applicable. Please contact meat (949) 644 -3353, or by email at kkitchanbfd.net should you have any questions regarding this submittal. Sincerely, Kevin Kitch, Assistant Chief Life Safety Services Division KKAa cc: Chief Poster, Fire Department PV ifeSafetySemiceslSubjectMattersUARS1BSC from KK 10. 17.12 re Amendment to 2070 Fire Code ORDINANCE NO. 2012 -21 AN ORDINANCE.OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING SECTION 9.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPTING A NEW SECTION 9.04.060 OF TITLE 9, CHAPTER 9.04, TO REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS) The City Council of the City of Newport Beach finds as follows: WHEREAS, the City of Newport Beach ( "City ") adopted Ordinance 2010 -24 on December 6, 2010, which among other additions, added Section 610 into the City of Newport Beach's Fire Code as codified in Newport Beach Municipal Code ( "NBMC ") section 9.04.060; and WHEREAS, the adopted NBMC requires that all high rise buildings be equipped with an approved Breathing Air Replenishment Systems ( "BARS') for firefighters; and WHEREAS, the BARS is designed to 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; and WHEREAS, the required breathing air for the BARS is supplied into the permanent piping system by a mobile breathing air unit; and WHEREAS, the California State Fire Code does not require the installation of BARS in new high rise buildings; and WHEREAS, Section 610 of the City's Fire Code, NBMC Chapter 9.04, specifies that the location of air refill stations, installation of the BARS, and maintenance of BARS be designed and installed in accordance with Newport Beach Fire Department ( "NBFD ") Guideline D.02 Firefighter Breathing Air Replenishment Systems; and WHEREAS, the procedure in NBFD Guideline D.02 specifies that the connections for the BARS must be compatible with the NBFD's mobile breathing air unit; and WHEREAS, the City no longer has a mobile breathing air unit, nor is a replacement unit funded and this equipment is essential to the successful operation of BARS; and WHEREAS, countywide operational integration of BARS presents ongoing logistical and training issues for NBFD and other fire agencies in Orange County; and WHEREAS, absent the availability of a NBFD mobile breathing air unit, the strict application of the City's Fire Code in this specific setting is not workable; and WHEREAS, the City Council readopts the findings and recitals contained in Ordinance No. 2010 -24 as if set forth in full herein. NOW THEREFORE, the City Council of the City of Newport Beach ordain as follows: SECTION 1: Section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal Code is hereby repealed. SECTION 2: A new section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal Code is hereby added to read as follows: 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. 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. SECTION 3: The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstances, be declared invalid or unconstitutional. SECTION 5: 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. (CONTINUED ON NEXT PAGE.) This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of September, 2012, and adopted on the 9th day of October, 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS Hill, Rosansky, Curry, selich, Henn, Daigle, Mayor Gardner NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None NANCY GAH NER, MAYOR ATTEST:; imr1 i LEILANI BROWN, CITY CLERK ��T� k ��• AP PR A� TO'O -M; > Div AAR N -C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH I I, Leilani L 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. 2012 -21 was duly and regularly introduced on the 25" day of September, 2012, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9`" day of October, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selieh, Henn, Daigle, Mayor Gardner Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 100i" day of October, 2012. 4�41" f V�- City 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. 2012 -21 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: 2012. Introduced Ordinance: September 29; 2012 Adopted Ordinance: October 13, 2012 In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California (Seal) r— o r- ° _ �,�� fU � Posto99 _ � cO r eD P- CenL'lad Feo P95 @taa( 0 O ° P.et,OO Remipt Fes (Endorsemart Requlrotll Hem O M O ° Ro;tdctod Oellv0ry F99 (Entlorsement nequlred) O R ° (U Total Po5mgo & Fees M Co r� m C3 r7 Sam To U[ - Sfreat, ,qPf. No, 7t� f tmrl- rit5�o � Ci— Cr 0, Po Box NO. ` Ol .Q -------------- C!lY fefe;.LlF +4 AMC, . M1' ". 0 !.. -- - - - -- J Ig Complete items 1, 2, and 3. Also wmplete Item 4 If Restricted Delivery is desired: o Print your name and address on the reverse so that we can return -the card to you. o Attach this card to the -back of the mailpiece -, or on the front if space penults. 1. Article Addressed to: IIt Ct�!''�jRNfV � 1�' ' �.l�l J ✓? i �/l' -tvury A. Signature 6 Agent x 0 Addressee B. Received by (Printed Name) C. Date of Delivery I D. Is delivery address different from Item 17 0 Yes if YES, enter delivery address below: bNo i I 3. Servlcelype 7 p.Cerfi led'Mall ❑ Express Mag Registered ❑ Return Receipt for Merchandise ❑ Insured Mall 0 GO D. 4, Restricted Delivery? (Extra Fee) Q Yes I 2. Article Number 7001 0320 0000 7828 3007 (Tnn,for from service label I PS Form 3811, February 2004 Domestic Return Receipt 1025954�P4-1540 j